Salinas City Council
June 18, 2024

CONTRACT SUMMARY
AUSD 2024 MAINTENANCE PROJECTS
School Year
Funding
Source/Contractor
Project
Sum of Original
Contract Amt
Sum of Change Order
Amt
Sum of Revised
Contract Amt
Sum of Remaining
Budget Balance
Sum of Invoice
Amount
Sum of Remaining
Contract Balance
22-23 Measure M
Ausonio 2023 VRB Mold Abatement $14,570.00 $14,570.00 -$14,570.00 $14,570.00 2023 AUSD Maintenance/Other Projects $76,125.00 $76,125.00 -$76,125.00 $86,795.00 -$10,670.00 Otto Construction 2023 Exterior Improvements $296,000.00 $19,346.83 $315,346.83 -$315,346.83 $315,346.83 $0.00 Thayer Construction 2023 Interior Improvements @ VRB $92,622.00 $3,567.79 $96,189.79 -$96,189.79 $96,189.66 $0.13 2023 Interior Improvements @ Creekside $97,453.00 $4,715.34 $102,168.34 -$102,168.34 $102,168.74 -$0.40 2023 Interior Improvements @ Cesar Chavez $98,180.00 $98,180.00 -$98,180.00 $98,179.40 $0.60 Alliance 2023 VRB Mold Abatement $3,200.00 $3,200.00 -$3,200.00 $3,200.00 $0.00 Western Roofing 2023 VRB Mold Abatement $37,582.00 $37,582.00 -$37,582.00 $37,582.00 $0.00 Measure M Total $715,732.00 $27,629.96 $743,361.96 -$743,361.96 $739,461.63 $3,900.33 22-23 Total $715,732.00 $27,629.96 $743,361.96 -$743,361.96 $739,461.63 $3,900.33 23-24 Maintenance
GradeBreak ACS PreSchool Sewer Repair $12,292.00 $12,292.00 -$12,292.00 $12,292.00 ACS Speed Bumps $16,613.00 $16,613.00 -$16,613.00 $16,613.00 Maintenance Total $28,905.00 $28,905.00 -$28,905.00 $28,905.00 Measure M
Ausonio 2024 Maintenance/Other Projects $222,846.00 $222,846.00 -$222,846.00 $122,987.83 $99,858.17 Color New Co. 2024 Maintenance @ John E. Steinbeck Elementary School $198,300.00 $198,300.00 -$198,300.00 $198,300.00 M3 Additional Lead Paint Testing @ Oscar Loya & Creekside $9,040.00 $9,040.00 -$9,040.00 $9,040.00 Hazmat Testing @ Steinbeck, VRB, Creekside, Oscar Loya & Chavez $18,044.00 $18,044.00 -$18,044.00 $18,044.00 Lead Paint Testing @ ACS $7,000.00 $7,000.00 -$7,000.00 $7,000.00 Lead Painting Testing @ Steinbeck & Fremont $10,510.00 $10,510.00 -$10,510.00 $10,510.00 ProEx 2024 Maintenance at Dr. Oscar Loya Elementary $738,260.00 $738,260.00 -$744,910.57 $738,260.00 2024 Siding & Gutters at Cesar Chavez, Frank Paul, & VRB $286,460.00 $286,460.00 -$279,809.43 $286,460.00 Pueblo Construction 2024 Maintenance at Creekside Elementary School $665,981.43 $665,981.43 -$665,981.43 $665,981.43 TBD 2024 Steinbeck Kinder Playground $0.00 $0.00 $0.00
Measure M Total $2,156,441.43 $2,156,441.43 -$2,156,441.43 $122,987.83 $2,033,453.60 23-24 Total $2,185,346.43 $2,185,346.43 -$2,185,346.43 $122,987.83 $2,062,358.60 24-25 Measure M
TBD 2024 Steinbeck Sitework $0.00 $0.00 $0.00
In Studio 2024 Steinbeck Sitework $132,000.00 $132,000.00 -$132,000.00 $132,000.00 Measure M Total $132,000.00 $132,000.00 -$132,000.00 $132,000.00 24-25 Total $132,000.00 $132,000.00 -$132,000.00 $132,000.00 Grand Total $3,033,078.43 $27,629.96 $3,060,708.39 -$3,060,708.39 $862,449.46 $2,198,258.93 1 OF 2 4/8/2024
BT - Brian Tracy, Ausonio AH - Alan Hendry, WRD
AP - Aaron Palma, Ausonio FC - Frank Campo, C3 Engineering JD - Jen Dreyer, Ausonio PJ - Perrin Johal, Harris & Sloan JT - John Teliha MW - Mike Widmann, Harris & Sloan
RC - Ron Chesshire MA - Mike Arnone, Michael Arnone & Associates NH - Natalie Hayward
ITEM No. DISCIPLINE DWG NO./ SPEC SECTION No., BY: COMMENTS BY: ACTION REQ'D CURRENT STATUS CD90-01 Demo D100- Note 2 JD I’m not clear on the scope (damaged is subjective) Can the scope be fleshed out? AH E CD90-02 Arch A100 JD Looks like Build 2 has a path for drop offs and trash but not Build 1. Should there be a drop off or some sort of delivery area? Or is that just on the street? AH E CD90-03 Arch A201 JD Toilets with doors 141 and 142, can they share the same plumbing? Connect them so they have the same plumbing chase. AH D CD90-04 Arch A202 JD can the sinks in room 206 and 207 share the same plumbing? Connect them so they have the same plumbing chase. AH D CD90-05 Arch A202 JD All doors swing inward except #201, #217 and #220 Is this a security concern? AH D CD90-06 Arch A202 JD Door 217 swings outward and all other counsel rooms have doors that swing inward. AH D CD90-07 Arch A202 JD Door 220 swings outward into a hallway. Would suggest to swing inward so not to run into anyone in the hallway. AH D CD90-08 Mech HS21207 (pg 12) JD Plenum is spelled incorrectly. Change planum to plenum. PJ E CD90-09 Elec WRDLS3-L1.0 (pg 14) JD Is there a GFI outlet for the submersible pump? AH E CD90-10 Mech Laundry Room JD Where does the dryer vent go? Should vent to the outside and have accessible filter and vent cleaning. AH B CD90-11 Mech Kitchen JD I didn't see a grease trap for the kitchen plumbing. Grease trap should be installed before going to sewer line. AH C CD90-12 Struc HS21207 (pg 80) JD Should there be a tie down between Rooms 222 and 223? Check requirements. AH C CD90-13 Deferred Approval JT VE - Photovoltaic? AH E
CD90-14 Civil C4 JT VE - One Set of Storm Water Chambers? AH B CD90-15 Arch A019 JT VE - Electrical Vehicle Charging Stations? AH A CD90-16 Civil General Note JT VE - Reduce Amount of Moving Dirt - Off Haul? (Does Mid-Pen Need Material?) AH B CD90-17 Arch A111 JT VE - Revise Trash Enclosure Design? AH B CD90-18 Arch A112 JT VE - Remove Covered Seating Area? AH B CD90-19 Arch A222 JT VE - Tile Floor in Restrooms - Maybe Resilient Flooring or Alternate Flooring Material? AH B CD90-20 A222 JT VE - Replace Tile Wall Coverings in Restrooms w/FRP? AH B CD90-21 JT VE - Consider Other HVAC Manufacturers AH B
CD90-22 Landscaping A002 BT Open 50% comment: The joint project w/ MidPen requires 101 new trees. Has Mike Arnone verified compliance with the number shown for this project? AH B CD90-23
Civil C1 BT Open 50% comment: Grading & Drainage Note 5 does not give earthwork bidders a level basis for quantifying anticipated amount of overexcavation required. Does the geotech report give any guidance that can be referenced?
CD90-24 Civil C1 BT Open DD comment: The cut and fill quantities in Note 10 are unchanged from the DD set. Provide the new calculations based on the revised site grading plan. FC A CD90-25 Civil C1 BT Open 50% comment: Adjust shading to reflect actual boundaries of project site FC A CD90-26 Civil C4 BT Unresolved DD comment: Confirm maintenance access for infiltration chambers aligns with landscaping plan FC A CD90-27 Civil C7 BT Open 50% comment: The cut and fill quantities are unchanged from the DD set. Provide the new calculations based on the revised site grading plan.

CD90-28 Site utilities C4 BT Open 50% comment: Where do electrical and gas enter site and route to each building? AH A CD90-29 Demo D100 BT Open 50% comment: Key note 1 to protect light pole references civil drawings for more info. Civil dwgs do not contain any reference to this pole. AH A CD90-30 Site A111 BT Open 50% comment: Trash enclosure details make several references to structural dwgs, but those dwgs do not contain any info on trash enclosure AH A CD90-31 Electrical E1.1 BT Open 50% comment: Will interior panels include tamper resistant measures? AH B CD90-32 Plumbing Multiple BT Open 50% comment: Water/sewer/gas entry/exit locations not coordinated with Civil drawings AH A CD90-33 Architectural/ Civil A401 / C4 AP Partially resolved 50% comment: Storm drain line does not extend to roof drain locations near SE corner of building 1 CD90-34
Struc SD.1 NH Footing Depth clarification needed. Detail 50 vs detail 56 - Detail 50 defines "footing depth" to be bottom of footing to top of grade. Detail 56 calls out footing depth to be bottom of footing to top of T. S1.1 Foundation Notes calls out footing depth to be 36".

AH A
CD90-35
Architectural/ Civil / Structural
C3, S.1 NH
Possible conflict with Bulilding 1 deck footings on east side of the building and MidPen retaining wall. Face of building to face of retaining wall scales at 8'0". Deck scales to 7' wide and has 24" square spread footings on the outside edge which would mean that 12" of the footing extends past the edge of the deck. So, at best the footing is right up against the wall, and at worst, there could be a conflict. Is there a required distance between edge of footing to the retaining wall? Should the deck shrink in width to get further away from the wall or possibly even shift the building further to the east? AH
A
CD90-36 Civil C3 NH Will Civil be updating the proposed grades in the area between the two buildings and the retaining wall per Scheme 7? This is a change that we will want included in the bid set.

AH A
CD90-37 Electrical EN.1, 1.4 General Note B NH
General Note B refers to the project being Solar Standard and to refer to solar plans by others. Solar is listed as a deferred approval item on the cover sheet. Is Encompass already working with a solar designer, or is the intent that solar will be bid as a design-build scope? If so, we will need a basis of design for bidding. MW A
CD90-38 Electrical EN.1, 1.4 General Note B NH Solar - has Structural accounted for solar in the roof design? AH A
CD90-39 Architectural A241 NH Door Note 15 states fire rated doors assemblies shall be installed where noted or where required by code. The door schedule does not incidate that any are to be fire rated, are any required to be fire rated by code?
AH
CD90-40 Architectural A301A NH Please clarify intent below finish floor - is siding to continue all the way down to the stemwall? AH A CD90-41 Architectural A223 & A602 NH RCP indicates acoustical ceilings in Rooms 203 & 204, but the Finish Schedule on A223 shows painted drywall. Which is correct? AH A CD90-42 Civil/Geotech 00-31-32 RC Soils Report from SFB recommended a Post Tension Slab, can the soils report be updated to reflect the new construction type? AH A CD90-43 Civil C4 NH Site gas not shown on site utilities plan and there are no site plumbing sheets AH A CD90-44 Civil/Plumbing C4, P1.2A NH Grease interceptor shown on P1.2A, but connection to SS is not shown on C4. Has this item been coordinated between Civil and Plumbing? AH A CD90-45 Site Furnishings L-1.0, C4 NH Landscape sheets show a recirculating pond. Please confirm water/sewer/electrical are not needed? AH A CD90-46 Architectural A401, A402 NH Both buildings have rooftop equipment, but no roof hatches are shown. Will rooftop equipment be accessed by ladders only? AH CD90-47 Architectural A223 NH Finish schedule legend includes a CR-1 chair rail, but it does not seem to be indicated anywhere on the finish schedule or interior elevations. Do we need to account for chair rail anywhere?
AH A
CD90-48 JT Canopy for Exercise Area???? AH A
CD90-49 JT 750 Gallon Grease Trap - does it need to be this large??? MW A CD90-50 JT Location of Roof Hatch/Access to Roof - Buildings 1 & 2?? AH A CD90-51 JT Location of Gas Service to Site? AH A

PEER REVIEW COMMENTS
Project Name: Encompass Community Services - Si Se Puede Project No.: Review Team Design Team

RESPONSE TO ACTION REQUIRED
Design Phase: 90% CD A. AGREE FULLY, WILL COMPLY
Date of Issued Documents: B. AGREE PARTLY WITH, EXCEPT AS NOTED 8/1/2023 C. DISAGREE FULLY, REASONS NOTED
Date of Issued Comments:8/16/23-JD D. COMMENT HAS BEEN SUPERCEDED BY DESIGN DEVELOPMENTS This was discussed previously: yes, but the break space becomes very tight with inhibited flow for the staff members. Not recommended 201 swings out for exiting; 217 swings out due to space concerns and 220 swings out due to accessibility at the door See response above
See response above
This is an internal H&S quality issue
E. OTHER, PROVIDE EXPLANATION

RESPONSES
This must be fleshed out with the City; they have been very non-committal regarding the extent from day-one The discussion has been that Bldg 1 drop-offs and trash were to be accomplished from the lower parking area adjacent to Bldg 2 This isn't possible due to accessibility clearances at the doors Discussed w/ C3 - 2 chambers will be least expensive option due to increased length & increased depth as it traverses the uphill side of the site Charging stations have been identified on Back Check set. Per code (1) dual is required & 4 "EV Capable" are required See revised cut/fill on Back Check set
No changes to trash enclosure design per H&S
Otto to price as alternate. Discuss switching to shade sail when GMP is reviewed with Encompass An Add Service Agreement has been generated for Encompass' approval for all site lighting H&S has added a new detail & call-out for the termination Grease trap shown on sheet P1.2A
No floor ties normally required without a shear wall
Do not understand comment
Updated on Back Check set
Updated on Back Check set
Verified on Back Check set
Duplicate
Received JT Intent drawing 10/20/23 - forwarded to team members 10/23/23 Tile revised to more economical option. Resilient flooring may not be best choice More economical tile has been selected & specfied on Back Check set Substitution proposals encouraged
Evaluate permit comments and adjust as necessary
Specific enough under buildings and walkways for equal bidding Geotechnical Engineer has confirmed depth of footings; Harris & Sloan will modify their drawings accordingly to remove ambiguity Harris & Sloan to modify details as appropriate for near-property line conditions Civil will be modifying grades to match Scheme 7 courtyard and retaining wall designs PV has been accounted for in structural calcs, but will not be provided at this time.

Structural Calculations show Solar at 1.2psf as a design load Existing street light pole to remain - notes modified at D100 These will be updated to reflect the details on sheets A111 and A112 during Back Check Moving panels to break room
Civil engineer will modify their drawings to match plumbing drawings & Joint Trench consultant drawings.

Civil engineer will modify their drawings to match plumbing drawings & Joint Trench consultant drawings.

Water not required (maintained manually with garden hose) & no sewer required. Electrical will be required for pump No roof hatches required - access to be by portable ladders only.

Chair rail is identified on Finish Floor Plans, A221 & A222 This was discussed with Encompass previously and the direction was to provide a future area where it could be added at a later date Door schedule has been updated in Back Check set showing required fire rated doors Stemwall to step down grade as required with wood cripple wall to bottom of floor framing. Siding to continue down cripple wall as shown Acoustical ceiling is correct; Finish Schedule will be updated to reflect this Request sent to SF&B for update letter for this as well as to 2022 codes Received JT Intent drawing 10/20/23 - forwarded to team members 10/23/23 Confirrmed that this a code minimum size
See response above
See response above
CSUMB Student Success Center
Cost Saving Measures
4/7/2022
Current SD Estimate $12,192,830 All numbers include contingency, and 9.6% escalation per 2-

7. No GC rates.

Current 2-7 cost $18,846,000 Includes all below the line markups Target 2-7 cost $17,500,000
VE changes from list below $1,229,000
Projected 2-7 cost $17,041,301
Surplus/shortfall $458,699
Additional VE needed -$312,374
Item Savings Include?
Sustainability
Impact
Campus/User
Impact Notes
Low infrastructure Impact
1 HVAC Option B $650,000 Yes Low / Medium Low Due to changes from larger open spaces to smaller spaces, not all VAV's can be reused. This assumes reusing 18
VAV's, possibly moving some, and providing 11 new VAV's.

Previous estimate included GC rates. Interior Impacts - Daylighting & User Experience 2 Reduce Skylights $40,000 Yes Medium / High Medium / High Impact to interior daylighting and user experience. Keeps skylights in east-west corridor per attached sketch.
3 Reduce interior Glazing $100,000 Yes Medium / High Medium / High Impact to interior daylighting and user experience. Keeps interior glazing per attached sketch. This includes
additions of glazed doors in lieu of wood doors.
4 Remove Exterior Window Enlargement $60,000 Medium / High Medium / High No demo below the existing exterior window sills. Impact to interior daylighting and exterior building refresh.

Not recommended to pursue.
5 Reduce Ceiling Finishes $60,000 Yes Low Low Relook at specially ceiling locations and extents. 6 Replace restroom stud walls with
full-height phenolic partitions
$60,000 Low Low Replace built-in restroom stud partition walls (including 4' tile wainscot) with full heigh phenolic toilet
partitions. Not recommended to pursue.

Exterior Impacts - Building Refresh & Campus Branding
7 Minimize Main Entry Frames $250,000 Yes Low Low Reduce height and depth of new frame architecture, maintain glazing. Impact to building refresh and Campus branding.
8 Minimize North and West New
Exterior Glazing
$40,000 Yes Low Low Reduce glazing at North entry and glazing at Counselor's lobby.
9 Remove Exterior Stucco Overlay $160,000 Low High Exterior painting in lieu of Stucco overlay. Impact to building refresh and Campus branding. Not recommended to pursue.
10 Remove Vertical Fins $120,000 Low / Medium High Impact to building refresh and Campus branding. Fins provide 3-dimensionality to flat facade, and allow
opportunities to frame murals. Not recommended to pursue. 11 Remove Landscape fixed seat walls $65,000 Yes Low Low / Medium Maintain seating wall only at main entry berm per attached sketch. Site Seating can be furniture.
12 Remove Landscape writable surfaces $24,000 Yes Low Low 13 Remove East Connecting Paving $55,000 Low High Vehicular concrete paving to be removed, asphalt fire lane to remain. Impact to connection to OSU. Not recommended to pursue.

Total Potential Cost Saving
Measures
$1,684,000

RefineM LLC – RFQ for PM Services Salinas, CA
https://www.RefineM.com (417) 763-6762 Page 1 of 17
EIN: 45-4043033 DUNS: 060738862 NAICS: 611430, 541611
Request for Qualifications for Project Management,
Environmental Services, Construction Management, and
Inspection Services for
Multiple Public Facilities Improvement Projects
Prepared On: May 8, 2024
Prepared By: Phillip George
Phone: (417) 763-6762
Email: [email protected]
GSA Contract # 47QRAA22D003T
RefineM LLC – RFQ for PM Services Salinas, CA
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Table of Contents

1. Cover Letter ..........................................................................................................................................3

2. Business History ...................................................................................................................................4

4. Relevant Experience and Qualifications...................................................................................................6 a. Project Team Experience and Qualifications........................................................................................6 b. Consultant’s Experience with Similar Projects.....................................................................................6 c. Project Understanding and Approach ...................................................................................................7 d. Project Management Procedures...........................................................................................................8

5. References for Similar Projects.................................................................................................................9

6. Fee Schedule .............................................................................................................................................9 RefineM LLC – RFQ for PM Services Salinas, CA
https://www.RefineM.com (417) 763-6762 Page 3 of 17

1. Cover Letter
May 8, 2024
Francisco Brambila
Acting Housing Planning Manager
Community Development Department
City of Salinas, CA
Dear Mr. Brambila,
This letter is to introduce RefineM LLC, a Project Management Consulting and training firm.

We are based in Springfield, Missouri with additional office in Cary, North Carolina and qualified project personnel available across the United States, Canada, and India. Please find attached our proposal for Project Manager and Owners Representative Services.

We have over 12 years of experience providing consulting engagements to a variety of firms, small to large, in fields including insurance, transportation, and government. Our integrated, hands-on approach to consulting means you get support before, during, and after the project management work. We engage with your key stakeholders and team members to learn pain points and challenges, craft and deliver targeted project management to address those needs and provide ongoing support.

Please find attached our Statement of Qualifications. We look forward to hearing from you.

Sincerely,
Phillip George
Project Manager
RefineM LLC
(417) 763-6762
[email protected]
RefineM LLC – RFQ for PM Services Salinas, CA
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2. Business History
RefineM has operated as a Project Management consulting and training firm since December 2011. Please see our Capability Statement below.

Project Management Consulting | Enterprise Agile Coaching | Training RefineM specializes in Project Management Consulting,
Enterprise Agile Coaching, and Customized Training with a global reach. We help organizations develop systems,
processes, resources, and talent to drive project
success.

With RefineM on your side, your team will learn to focus on value delivery, use simple but effective tools and
techniques to deliver projects, and shift from reactive to strategic thinking.

Our mission: to help organizations turn their Project
Management capability into a competitive advantage.

Our values: Simplicity, Integrity, and Flexibility.

DUNS: 060738862
CAGE: 7MC10
Business Type: Small Business
Administration: LLC
Date Incorporated: 2011
State of Incorporation: Missouri
Locations:

1. Springfield, MO

2. Cary, NC
NAICS Codes
611430: Professional and Management Development Training. 541611: Administrative Management and General Management Consulting Services 541511: Customer Computer Programming Services
541519: Other Computer-Related Services
541614: Process, Physical Distribution, and Logistics Consulting Services 611420: Computer Training
RefineM LLC – RFQ for PM Services Salinas, CA
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Service Category Services Performance
Enterprise Agile Coaching Our Agile Transformation Services can result in enhanced productivity gains of up to 15-40% in just 4-8 weeks. We start Agile transformation from the top. We
work with senior leadership and project teams to develop and implement a “fit for purpose” Agile Operating Model that typically combines Agile principles and Scrum,
Kanban, XP, and Lean practices. We don’t force fit any
one methodology to all situations.

1. IBM

2. American National Insurance

3. Classy Llama Studios

4. AAFP
Project Mgmt. Consulting Our toolkit, Essential Gear for Project Managers, is a package of Project Management processes delivered via
intuitive templates and a handbook detailing how to
execute best practices to avoid pitfalls. Essential Gear speeds up project management capability development by
combining what works best for you with industry best
practices.

1. Golden Gate Bridge District

2. Multi-Craft Contractors

3. Enactus United States

4. Dynex Semiconductors

5. Tracker Marine Group

6. Evangel University
Training We offer practical, targeted training on-site or over the Web that is impactful and relevant to your business. Our customizable Agile, Project Management and leadership
training modules range from fundamentals and advanced
topics to certification prep courses including PMP® and PMI-ACP®.

1. Massachusetts State

2. US Air Force

3. ICU Medical

4. Bristol-Myers Squibb

5. Pfizer

6. GNF Novartis

7. O’Reilly Automotive
Visit us at RefineM.com to learn more.

Core Competencies
Agile Transformation – RefineM has led numerous
successful Agile transformations for medium-to-large
teams and organizations.

Project Management – Through our toolkit and
experience, we propose simple yet effective project
management solutions in industries ranging from
construction to manufacturing, IT, healthcare and
more.

Training – Our instructors bring real-world experience
into their training for the benefit of trainees.

Key Differentiators
Outcomes-Driven Approach – RefineM’s
commitment to outcomes means we don’t close until
you see results backed up by metrics.

Domain Expertise – RefineM’s CEO has over 30
years of project management experience and over 15
years of Agile experience.

Metrics – RefineM works with customers to establish
and track only the key metrics that impact bottom line.

Accountability – RefineM establishes strong
partnerships rooted in accountability. We don’t close
the project until you see the results you want.

RefineM LLC – RFQ for PM Services Salinas, CA
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3. Relevant Experience and Qualifications
a. Project Team Experience and Qualifications
NK Shrivastava, PMP, RMP, ACP, CSP, SPC4 – Senior Project Manager NK Shrivastava is CEO of RefineM and a highly experienced, business-savvy Enterprise Agile Coach and Project Manager. He has over 30 years of experience in project management and 15 years of Agile, including over 4 years of experience in Agile coaching at a Fortune 50 Technology Company. He founded RefineM in 2011 to further the mission of making organizations’ project management into a competitive advantage. NK is based in Cary, NC.

Phillip George, PMP, CSM – Project Manager/Business Analyst Phillip George has over 10 years of experience in project management, Agile, and business analysis. He has led projects in IT, government, non-profit, and other contexts. He has also designed training materials and developed websites using WordPress. Phillip is based in Springfield, MO.

Ryan Card – Construction Project Manager
Ryan Card has over 10 years of experience in Construction and Facilities Project Management, including over 4 years as Founder and Lead Project Manager at Accelerate Facility Services, 2 years of Facilities Project Management Experience at Alation and Reciprocity, Inc., and 1 year of Construction Superintendent experience at Vulcan Construction. Ryan is based in Menlo Park, CA.

RefineM will hire additional staff as needed to meet the demands of projects under this RFP. b. Consultant’s Experience with Similar Projects

1. Golden Gate Bridge, Highway and Transportation District – San Rafael, CA- August 2018- present – http://www.goldengate.org – Providing Agile project planning and execution for a project to digitize paper documents and finalize future business processes to reduce paper documents.

2. American National Insurance – Springfield, MO and others – December 2011-present http://www.AmericanNational.com – Providing ongoing software development support.

Improved the process of gathering requirements for internal projects. Developed and implemented new and refined processes in quality control, project selection and prioritization, and user acceptance testing. Software development process improvement to integrate traditional project management (Waterfall) and Agile teams working on a large custom project. Process improvement with Agile practices on a Customer Relationship Management (CRM) development project.

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3. Enactus United States – Springfield, MO – June 2015-July 2017 – https://enactusunitedstates.org - Development of project plans and master portfolio for over 40 social entrepreneurship-related projects using Microsoft Project. Delivery of website needs assessment following a series of technical and marketing interviews with stakeholders inside and outside the organization.

4. Evangel University – Springfield, MO – 2015 - www.evangel.edu – Implementing new Enterprise Resource Portal (ERP) system using Agile methodology, and training project managers to continue to lead the project.

5. Adult and Teen Challenge USA – Ozark, MO – March-July 2015 – https://teenchallengeusa.org – Providing coding support using CodeIgniter and project management support to implement cybersecurity initiatives. c. Project Understanding and Approach
RefineM understands the workstreams of this project to be the following:

Focus Area 1 - Project Management
a. Project document management.
b. Run coordination meetings including tracking action items. c. Utility provider coordination.
d. Obtain permits needed for the project.
e. Monitor the design process.
f. Verify design conformity to the owner’s programs.
g. Update project schedule as the design progresses.
h. Provide monthly status reports.
i. Perform value engineering and cost estimating of the project at 50% and 90% design.
j. Review the design for constructability.
k. Maintain quality assurance and quality control of the construction documents. l. Design, Plans, and Specifications services to be requested:
m. Architectural
n. Engineering (Civil, Electrical, Mechanical, Structural) o. Land Survey and Geotechnical Investigation
p. Landscaping and Irrigation
q. Photometric Lighting Study(ies)
r. Bid Documents Preparation
s. Preparation of plans and specifications.
t. Preparation of Bid Documents (Construction and/or Demolition Projects). u. Management of bid solicitation process.
v. Review submitted bids for consistency with plans and specifications and provide recommendation to City staff.

RefineM LLC – RFQ for PM Services Salinas, CA
https://www.RefineM.com (417) 763-6762 Page 8 of 17
d. Project Management Procedures
See RefineM’s standard Project Management process below.

2. In addition to these services, RefineM will set up and deliver weekly status reviews, changed to daily at key points in the project such as phase transitions.

3. RefineM staff will be available within 24 business hours to answer any queries related to the project progress.

4. RefineM staff will propose at least one quarterly on-site meeting, with the project manager being available more frequently.

RefineM LLC – RFQ for PM Services Salinas, CA
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4. References for Similar Projects
Name Title Phone EMail
Malini Brown Sr Project Manager (417) 923-2366 [email protected] Organization: Golden Gate Bridge, Highway and Transportation District Work Performed: Data Analytics project support for a Power BI reporting project to drive key business decisions for the Bus department.Project management and Agile oversight of E-Document Management to convert paper documents to electronic files, upgrade client’s OnBase software to latest version, and define future processing of paper documents to save space and improve efficiency.

Duration: August 2018-present
Outcomes: Data Analytics project resulted in several successful Power BI reports to drive changes in policies and operations. E-document management project resulted in ten thousand documents processed across six departments and successful upgrade of OnBase software.

Shirley Cron AVP, Software Development (417) 887-1990 ext. 268 [email protected] Organization: American National Insurance
Work Performed: Numerous engagements leveraging project management and Agile consulting, training, and software development skills including VSAM, DB2, .NET, and more.

Duration: December 2011-December 2019
Outcome: Multiple successful project delivery outcomes and batches of employees trained at three sites (Springfield, MO; Albany, NY; Galveston, TX) from 2011 to 2019.

Gary Blackard President (417) 581-2181 [email protected] Organization: Adult and Teen Challenge USA
Work Performed: Cybersecurity enhancement initiatives for Adult and Teen Challenge USA public website.

Duration: March-July 2015
Outcome: Multiple projects delivered successfully to strengthen organization’s cybersecurity for their public-facing website and protect data of clients.

5. Fee Schedule
Senior Project Manager...........................................................US$106 / hour Project Manager......................................................................US$86 / hour Rates are all-inclusive except for travel, which will be billed per actuals.

RefineM will invoice every month for work performed in the last 30 days.

Payment terms are Net 30, with a 1% discount for Net 15.

RefineM LLC – RFQ for PM Services Salinas, CA
https://www.RefineM.com (417) 763-6762 Page 10 of 17

6. General Contract Requirements
Proof of Insurability: See Sample RefineM COI below.

Concurrence with contract provisions: RefineM concurs with the provisions of the City’s standard contract as attached in the RFQ.

RefineM LLC – RFQ for PM Services Salinas, CA
https://www.RefineM.com (417) 763-6762 Page 11 of 17
Appendix A. Resumes
NARENDRA (NK) SHRIVASTAVA, MBA, PMP, RMP, ACP, CSM, SPC4 405 N Jefferson Ave 417-763-6762
Springfield, MO 65806 [email protected]

PROJECT/PROGRAM MANAGEMENT CONSULTANT
IT/SOFTWARE · INSURANCE · FINANCE · LOCAL GOVERNMENT
Highly accomplished, strategic-thinking and business savvy consultant with more than 20 years of experience in project & program management. Adept at managing multi-million-dollar programs consisting of multiple projects with teams spread across multiple locations. Demonstrated leadership in complex, matrix-driven environments in putting/keeping large, complex projects on track to deliver transformational results while managing and mentoring teams of project managers and spearheading process improvements. A critical thinker capable of grasping the big picture, identifying priorities, developing sophisticated, data-driven project plans, and crafting metrics-rich, executive-level communications
Project/Portfolio/Program Management · Demand Management · Financial Management · PMO · Data Warehouse · Data/Application Migration · Business Intelligence · Analytics · Process Improvements · AGILE/Waterfall/SDLC · Offshore Software Development · Metrics/Scorecards/Dashboards · CRM · Cross Functional/Cross Regional Teams
· Leadership Development · Training, Mentoring & Coaching

KEY CAREER ACCOMPLISHMENTS
• Served on the PMO advisory council of a 300+ stakeholders (across two locations) for multi-billiondollar P&C and commercial insurance company with offices in the Midwest and New York. • Lead manager and/or consultant on numerous multi-year, multi-million-dollar IT programs and projects that were transformational for the customers & stakeholders: 100% success rate track record, 95%+ on-time completion rate, under budget by 10%. These projects included several types of projects such as data migration, data marts, data warehousing, application migration and application development on various technology platforms for insurance (P&C, commercial and life), financial, government and other businesses.
• Implemented numerous process improvements projects in IT and PMO areas resulting in improved quality (50%+ reduction in defects), improved turnaround time (reducing QA cycles from three months to one month) and significant cost savings
• Recovered several multi-million-dollar projects that went off-track and led them to successful completion saving millions of dollars for those clients. • Developed high-level communications, including dashboards and scorecards, to allow C-level executives to make decisions based on metrics and an understanding of the big picture—not guesswork
• Mentoring, coaching and training to align people with strategies, develop necessary skill sets, resolve issues and increase performance.

RefineM LLC – RFQ for PM Services Salinas, CA
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PROFESSIONAL EXPERIENCE
REFINEM, Nixa, MO Dec 2011 - Present
Project Management Consultant/Enterprise Agile Coach
Project Management Consultant providing services in project management contracting/consulting, project recovery, project review/audit, process improvement, customer relationship management and training/mentoring/coaching.
• Specializes in project management using Agile and Waterfall methodologies. • Developed and delivered project management training program for companies in the USA and Europe.
• Contracted with IBM as Enterprise Agile Coach to transform IBM teams to Agile. • Project Management/Process Improvement Consultant for ANPAC (www.anpac.com) and Farm Family Insurance, multi-billion dollar Property & Casualty and commercial Insurance Companies, to implement agile methodologies, project risk management and earned value management processes, project recovery, design and implement management dashboards, process improvement strategies and mentoring/coaching project managers in their PMO (Project Management Office). • Agile coach for Ventraq (www.ventraq.com)/Genband(www.genband.com), telecom software product/services companies in St. Louis, MO, helping them adopt agile for their project delivery.

Developing an agile process for them that is a blend of agile concepts and ground realities of the business needs as required by their customers.
• Agile Coach/PMO Consultant to several IT and non-IT companies, including IBM, Pfizer, BristolMyers Squibb, Evangel University, Enactus, Multi-Craft Contractors and Wright-Patterson Air Force Base.

FARRAGUT SYSTEMS (FORMER IIS, INC.), Durham, NC (www.farragut.com) 2001- Nov 2011 Vice President, Farragut Systems, 2011
As a senior executive, served on the management team to develop strategic plans for the company and lead several initiatives to deliver on strategy. Championed project management, business development, financial management, process improvement, quality assurance and client relation’s activities on behalf of this North Carolina based software design and Services Company. Additionally, oversaw a team of 25 employees in a program delivery of IT projects and consultative services. • Client lead/Program Manager for ANPAC/Farm Family account—streamlined operations and improved business efficiencies via deployment of technological innovation, mentoring of leadership and implementation of project risk management, earned value management and other operational process improvements in IT and PMO. Served on the advisory council for the client’s PMO.

Successful leadership led to long-term consulting contract still in effect today • Significantly improved productivity and asset utilization, yielding earnings ratio of 95%+ monthly for entire business unit through portfolio & resource optimization, and continuous process improvements.
• Cultivated detailed planning and execution process to track financial projections on weekly basis and get as close to actual as possible. Efforts resulted in vastly improved data integrity and record low deviation rate.

Other professional experience includes working in multiple organizations.

RefineM LLC – RFQ for PM Services Salinas, CA
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Ryan Card
(650) 269-4264 Menlo Park, CA 94025 [email protected]

CONSTRUCTION PROJECT MANAGER
AVIATION · CONSTRUCTION
Seasoned Construction & Project Management professional with exceptional leadership and project management skills. Competent in team, budget and schedule oversight. Develops scopes, checks field activities and updates clients.

Blueprints · Project Management · Building Inspection · Construction · Tenant Improvements · Design Layouts & Schematics · On-Time Project Delivery · Commercial Projects · Subcontractor Relations · Client Relations · Punch Lists · Project Drawings · Conflict Management

PROFESSIONAL EXPERIENCE
ALATION 09/2021 to 04/2022
Global Facilities Project Manager
• Designed 3,500 sq ft flagship office in Redwood City, and 20,000 sq ft office at Brigade World Trade Center in Chennai, India
• Worked with lawyers on redlines for worldwide offices • Partnered with all departments for feedback on workplace and facilities initiatives to strengthen employee attraction and retention
• Established standardized workplace and facilities protocols for all offices • Supported and oversaw multiple local and international service, vendor and real estate contracts ACCELERATE FACILITY SERVICES 01/2019 to 01/2022
Founder & Lead Project Manager
• Designed, planned, budgeted and lead tenant improvement projects for various Bay Area startups. • Managed office build outs, space planning, office moves, minor renovations & upgrades, network infrastructure projects
• Directed and scheduled staff of six on multiple, short-and-long range, multilocation projects • Sourced and oversaw specialty contractors and vendors for multifaceted projects, ensuring costeffectiveness and quality for client • Performed routine construction, maintenance, upgrades, repairs as needed RECIPROCITY INC 01/2019 to 04/2020
Facilities Project Manager
• Responsible for ITIL based project management duties for larger enterprise and service management projectsConducted marketing, pre-sales, consulting and management for projects utilizing HP OpenView ITSM, CA Unicenter, BMC Patrol, Remedy, Clarify and Tivoli. Focus area was ITSM, BSM, ERM, and CRM
RefineM LLC – RFQ for PM Services Salinas, CA
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VULCAN 04/2018 to 01/2019
Construction Superintendent
• Maintained tight construction standards while instructing contractors of various disciplines on quality control.
• Identified and reviewed proposed change order requests • Identified and eliminated safety risks through additional training • Read and modified architectural drawings to fit client and code requirements • Delivered reports to construction manager to detail project updates and likely completion dates, noting delays and causes
• Supervised material usage and contractor man-hours to keep projects in line with budgetary restrictions
JOBY AVIATION 01/2018 to 04/2018
Office Move Project Manager (Contract)
• Planned seamless move from 2000 sq ft office to 120,000 sq Ft space. • Designed, procured equipment for and set up 60,000 sq ft in-house machine shop for prototyping • Managed 50-person construction team, ensuring office was completed to code and regulation, as well as ensuring contracts were executed efficiently and within 2 week allotted time frame • Worked directly with and acted as primary liaison to building inspector, fire inspector, construction lead, landlord, and contractors
ATRIUM 09/2017 to 01/2018
Office & Facilities Project Manager (Contract)
• Coordinated office, facility and growth needs – creating policies, procedures and managing contracts – during six-month period of expansion and 238% hiring increase • Provided training and support to 140 employees and developed strong procedural staff skill set • Closely assisted daily strategic decisions on facilities, construction, and expansion-related activities • Planned and coordinated events celebrating company milestones, new clients and recruiting efforts WESTON CONSTRUCTION 01/2013 to 05/2017
Construction Project Manager
• Regulated and managed construction plans, materials, budgeting and staff to complete commercial and residential construction projects
• Scheduled workforce needs with superintendents and allocated company resources to meet project requirements
• Reviewed project scope, required materials and labor pricing to develop competitive bids • Initiated procedures for proper, safe and cost-effective handling of all materials and equipment BURNING MAN PROJECT 06/2016 to 09/2018
Assistant Director of Special Projects
• Established performance goals for team and provided feedback on methods for reaching those milestones
• Submitted daily project progress reports to stakeholders, assisting crew's efforts to successfully open event 3-days ahead of schedule
• Administered critical tasks required to legally open 7-day, estimated 100,000-plus attendee event • Monitored expenditures to mitigate risk of overages.

BURNING MAN PROJECT 06/2013 to 09/2015
Team Lead
RefineM LLC – RFQ for PM Services Salinas, CA
https://www.RefineM.com (417) 763-6762 Page 15 of 17
• Facilitated construction of Burning Man's central art feature, "The Man" with team of staff and volunteers
• Developed and managed comprehensive project plans and associated project documents to keep ongoing development on schedule
• Maintained open communication by presenting regular updates on project status to stakeholders • Coordinated team members and material resources throughout the construction process.

EDUCATION & CERTIFICATIONS

1. Bachelor of Arts, VENUS RISING UNIVERSITY, Asheville, NC

2. AA: Automotive Technician (2010) , SKYLINE COLLEGE, San Bruno, CA

3. OSHA – 2018 10 Certification AWARDS CUTCO PRESIDENCY AWARD – 2012

4. Sales Results & Work Ethic TOYOTA AWARD– 2006 Customer ServiceMS Project with PMI Framework

PROFESSIONAL SKILLS & AFFILIATIONS
Professional Skills:
• Blueprints
• Building Inspection
• Construction
• Tenant Improvements
• Design Layouts & Schematics
• On-Time Project Delivery
• Commercial Projects
• Subcontractor Relations
• Conflict Management
• Client Relations
• Punch Lists
• Project Drawings
RefineM LLC – RFQ for PM Services Salinas, CA
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PHILLIP GEORGE, PMP, CSM
RefineM LLC, 405 N. Jefferson, Suite 1013 +1-417-763-6762 Springfield, MO, 65806, USA [email protected]

PROJECT MANAGER
Phillip George, CSM, is a project management practitioner and Scrum Master with over 6 years of experience coordinating and leading projects in information technology, non-profit, and Agile contexts. • He has coordinated and led process mapping and process improvement projects to help companies and organizations realize efficiency gains.
• He is also skilled at developing Web and training content, assisting trainers, and coordinating training engagements nationally and internationally with class sizes of up to 50 people.

Project Management · Agile and SCRUM · Process Improvement · Project Communications Training Development and Support · Technical Communication

PROFESSIONAL EXPERIENCE
Project Manager /Business Analyst, RefineM, September 2013 – present Manage projects and consulting engagements and help gather and refine requirements. Support training development and presentation.

PROJECT EXPERIENCE
Golden Gate Bridge, Highway and Transportation District, August 2018 – July 2020, August 2022- present
• Coordinating Data Analytics project with District and a vendor to improve District’s Power BI implementation and produce actionable reports to drive key metrics. • Managed an IT project for the customer involving two phases and multiple vendors to digitize paper records and build future digital business processes. • Tracked project progress, schedule, and expenditures weekly and communicated to stakeholders monthly on project progress and strategy.

Contract Freighters, Inc. (CFI), May 2021-December 2022 • Collaborated with business and software vendor to troubleshoot and resolve critical driverfacing issues on On-board Communication (OBCS) software to ensure ideal driver experience. • Supported business analysts in documenting requirements for future projects and for processes to ensure Sarbanes-Oxley (SOX) compliance.
• Led OBCS migration for a fleet of over 1,800 tractors from PeopleNet to Omnitracs relays in coordination with an installation vendor (Velociti) and Operations and Shop managers at multiple sites across the United States.
• Coordinated OBCS portion of a Merger and Acquisition project involving a fleet of over 700 trucks by working with vendors and Shop managers to acquire necessary hardware.

RefineM LLC – RFQ for PM Services Salinas, CA
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Howden Roots, December 2020-May 2021
• Led schedule management support for a manufacturing project, involving multiple vendors, with projected delivery in 2021 to an international client. • Updated schedule, reported critical path, updated Earned Value, identified and assessed risks, and communicated daily and weekly with customer project manager and stakeholders.

Classy Llama Studios, LLC - May 2017 – November 2017
• Assessed Agile implementation and worked with PMO director and RefineM’s Enterprise Agile Coach to recommend improvements.
• Contributed to Agile strategy and implementation.
• Coordinated with dedicated Scrum team for four client projects.

EDUCATION AND CERTIFICATIONS
• Certified Scrum Master, Scrum Alliance, April 2019-present • M.S. Project Management, Missouri State University, 2013 • M.A. Writing, Missouri State University, 2010
• B.A. English, Missouri State University, 2007
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-311, Version: 1
Amendment No. 3 to the Master Service Agreement for Professional Services with CSG Consultants, Inc.

Approve a Resolution authorizing the City Manager to execute Amendment No. 3 to the Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $1,150,696.50 to provide design, inspection, project management, construction management, labor compliance and environmental services for various Capital Improvement Projects (CIPs).

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
BY: LUIS OCHOA, SR. COMMUNITY DEVELOPMENT ANALYST
TITLE: AMENDMENT NO. 3 TO THE MASTER SERVICE AGREEMENT
FOR PROFESSIONAL SERVICES WITH CSG CONSULTANTS, INC.

RECOMMENDED MOTION:

A motion to approve a Resolution authorizing:

1. the approval of Amendment No. 3 to the Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $1,150,696.50 to provide design, inspection, project management, construction management, labor compliance and environmental services for various Capital Improvement Projects (CIPs); and

2. the City Manager to execute Amendment No. 3 to the Master Service Agreement for Professional Services with CSG Consultants, Inc and any modifications or amendments necessary to support the completion of identified CIPs; and

3. the Community Development Director to approve CSG Consultants Inc.’s on-going performance of services without the need for subsequent Professional Service Agreements provided CSG Consultants Inc. is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement for Professional Services, Amendment No. 1, Amendment No. 2, and Amendment No. 3.

EXECUTIVE SUMMARY:

On February 7, 2023, City Council approved a Master Service Agreement for Professional Services (Agreement) between the City of Salinas (City) and CSG Consultants, Inc. (CSG), through Resolution No. 22588, to provide design, inspection, project management, construction management, labor compliance, and environmental services for four capital improvements projects managed by the Community Development Department (CDD). The approval of Amendment No. 3 to the Agreement would adjust the compensation amounts for Sherwood Recreation Center – Phase IV, Natividad Creek Park Restroom Rehabilitation, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation Capital Improvement Projects (CIPs) to increase total not to exceed compensation amount under the Agreement to $1,150,696.50.

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BACKGROUND:

On February 7, 2023, after an RFQ process, City Council approved a Master Services Agreement between the City and CSG to provide design, inspection, project management, construction management, labor compliance, and environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA), for the following four capital improvement projects: Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvements projects. The following is a chronology of CIP scope and budget adjustments and amendments to the Agreement.  On July 20, 2023, CDD approved proposals for Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects, and CSG started to perform work on these three projects.
 On November 14, 2023. Amendment No. 1 adjusted the Agreement to further clarifying the scope of services and define the roles and responsibilities between the City and CSG.

Additionally, a clause for compensation to stipulate a not to exceed amount of $882,042 for the three previously referenced CIP projects.
 On January 2024, CSG submitted their proposal for the Chinatown Neighborhood Improvements in the amount of $250,280. Also, City staff requested several Change Orders for Sherwood Recreation Center – Phase IV Project resulting in additional development cost for the project. After review of the proposals, staff recommended further increasing the not to exceed amount to $1,054,420. Amendment No. 2 was approved by City Council on March 12, 2024.
 After completing fifty percent (50%) of the design for the Sherwood Recreation Center Phase IV project, an engineer’s cost estimate was completed, and it showed that that the project was overbudget. The project had to be re-engineered to bring it under budget and this generated several change orders which requires City Council approval to increase the not to exceed amount for this project.
 The Natividad Creek Park Restroom Rehabilitation project has also faced delays, the City will need to incur additional cost for construction management and inspections services from CSG and its subconsultants.
 The Chinatown Navigation Center Building Improvements and Shower Trailer Installation Project will also need to account for the temporary installation of a shower/restroom trailer within the design of the project so that the Chinatown Navigation Center and Sprung Structure can continue to be on operations while the renovation activities are undergoing. Due to this design change, the City will incur additional expenditures from CSG and its subconsultants.

The existing not to exceed amount specified in the Agreement is not sufficient in these three CIPs to compensate CSG for all the services requested, therefore, Amendment No. 3 is needed.

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The table below illustrates the received and pending change orders from CSG regarding the Sherwood Recreation Center Phase IV, Natividad Creek Park Restroom Rehabilitation, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects. Sherwood Recreation Center Phase IV and Natividad Creek Park Restroom Rehabilitation projects are funded with Community Development Block Grant (CDBG) funds which were previously approved by City Council through the City’s Annual Action Plans to HUD. The Chinatown Navigation Center Building Improvements and Shower Trailer Installation Project is funded through CIP 9125 which has been previously approved by City Council.

Project Original Proposal
+ Change Orders
Contingency Total
Amount
Funding
Source
Natividad Creek Park
Restroom Rehabilitation
Project
$221,360.00* $22,136.00* $243,496.00* CDBG
Sherwood Recreation
Center – Phase IV
Project
$411,428.50* $41,142.00* $452,570.50* CDBG
Chinatown Navigation
Center Building
Improvements and
Shower Trailer
Installation Project
$128,891.00* $12,889.00* $141,780.00* CIP 9125
Chinatown
Neighborhood
Improvements Project
$250,280.00 $62,570.00 $312,850.00 CDBG
CIP 9070
Totals $1,011,959.50* $138,737.00* $1,150,696.50*
* Revised Amounts.

Amendment No. 3 will enable the City to continue with the design development and specifications of the projects. The goal is to have the Recreation Center Phase IV and the Chinatown Navigation Center Building Improvements projects approved by City Council in the next couple of months and subsequently release for Call for Bids and start construction before the end of the year.

DEPARMENT COORDINATION:

Internal department coordination on this item involved the CDD Housing and Community Development Division, Library and Community Services Department, Public Works Department, Finances, and the City Attorney’s Office.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

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STRATEGIC PLAN INITIATIVE:

Amendment No. 3 to the Agreement will support capital improvement projects that further current City of Salinas Strategic Plan 2022-2025 goals and strategies related to Infrastructure and Environmental Sustainability, Public Safety, and Youth and Seniors and will facilitate the efficient completion of current CIPs in the pipeline benefitting the entire community.

FISCAL AND SUSTAINABILITY IMPACT:

There is no General Fund fiscal impact associated with the approval of Amendment No. 3 to the Master Services Agreement with CSG as the associated costs will be realized on a project-by-project basis and compensated using previously approved Community Development Block Grant (CDBG), CIP 9125, and CIP 9070 funds.

ATTACHMENTS:

Resolution
Amendment No. 3 to the Master Services Agreement with CSG CSG Master Services Agreement and Amendments 1 & 2
Sherwood Recreation Center – Phase IV – Change Orders
Natividad Creek Park Restroom Rehabilitation Project – Change Orders 1 RESOLUTION NO. (N.C.S.)
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE MASTER SERVICE

AGREEMENTS FOR PROFESSIONAL SERVICES BETWEENT
THE CITY OF SALINAS AND CSG CONSULTANTS, INC.

WHEREAS, the Community Development Department (CDD) identified the need to utilize on-call consultants to provide design, inspection, project management, construction management, labor compliance, and environmental services to assist the department with any building projects, and other services related to design and construction of various Capital Improvement Projects (CIPs); and
WHEREAS, on February 7, 2023, City Council approved a Master Services Agreement for Professional Services (Agreement) between the City of Salinas (City) and CSG Consultants, Inc (CSG). through Resolution No. 22588, to provide design, inspection, project management, construction management, labor compliance, and CEQA/NEPA environmental consultant for several CIPs; and
WHEREAS, on July 20, 2023, CDD approved proposals for Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects and CSG started to perform the requested services; and
WHEREAS, on November 14, 2023, City Council approved Amendment No. 1 to the Agreement between the City and CSG through Resolution No. 22842, to include a compensation amount not to exceed $882,042 and clarify the scope of work for each CIP; and WHEREAS, on March 12, 2024. City Council approved Amendment No. 2 to the Agreement between the City and CSG through Resolution No. 22917, to increase the compensation amount not to exceed $1,054,420; and
WHEREAS, City staff requested several additional change orders for the Sherwood Recreation Center - Phase IV, Natividad Creek Park Restroom Rehabilitation, and Chinatown Navigation Center Building Improvements and Shower Trailer Installation projects requiring the increase of the compensation amount not to exceed for the CIPs established under amendment No. 2 to the Agreement; and
WHEREAS, staff recommends maintaining the existing not to exceed amount for Chinatown Neighborhood Improvements Project; and
WHEREAS, staff recommends amending the Agreement and modify the compensation amount for the Sherwood Recreation Center - Phase IV Project in the amount not to exceed $452,570.50, the Natividad Creek Park Restroom Rehabilitation Project in the amount not to exceed $243,496.00, and the Chinatown Navigation Center Building Improvements and Shower Trailer Installation Project in the amount not to exceed $141,780.00. 2 NOW, THEREFORE, BE IT RESOLVED, that the Salinas City Council approves Amendment No. 3 to the Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. in the amount not to exceed $1,150,696.5 to provide design, inspection, project management, construction management, labor compliance and environmental services for various Capital Improvement Projects (CIPs); and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute Amendment No. 3 to the Master Service Agreement for Professional Services between the City of Salinas and CSG Consultants, Inc. and any modifications or amendments necessary to support the completion of identified CIPs; and
BE IT FURTHER RESOLVED, that the Community Development Director is hereby authorized to approve CSG Consultants Inc.’s on-going performance of services without the need for subsequent Professional Service Agreements provided CSG Consultants Inc. is, at all times throughout the term thereof, in compliance with the terms and conditions of the Master Service Agreement for Professional Services, Amendment No. 1, Amendment No. 2, and Amendment No.

3. PASSED AND APPROVED this 18th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

Version: November 2022
AMENDMENT NO. 3 TO THE

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
CSG CONSULTANTS, INC., AND CITY OF SALINAS
This Amendment No. Three (3) to the Master Service Agreement for Professional Services (the “Amendment”) is entered into this 18th day of June 2024, by and between the City of Salinas (the “City”) and CSG Consultants, Inc., (the “Consultant” or “CSG”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Consultant first entered into a Master Service Agreement for Professional Services effective February 7, 2023, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City Council approved Amendment No. 1 to the Master Services Agreement for Professional Services on February 7, 2023, and establish a not to exceed amount of $882,042; and WHEREAS, the City Council approved Amendment No. 2 to the Master Services Agreement for Professional Services on March 12, 2024, and increase the not to exceed amount of $1,054,420; and WHEREAS, the City and Consultant desire to amend the Agreement to modify the not to exceed amount to $1,150,696.50 for the Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvements projects, as specified in CSG’s proposals and increase the not to exceed amount for each project; and
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, “Section 1. Scope of Service”, is amended to restate in this section the following:

It is understood by the City and Consultant that Consultants performs or secures the performance of design, inspection, project, construction management, labor compliance services, environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA), and related services for the City on an on-going basis for the following Capital Improvement Projects (CIPs):
1) Natividad Creek Park Restroom Rehabilitation
a. Not To Exceed Amount: $243,496.00
b. Scope of Work
i. Inspection Services
ii. Project Management
iii. Construction Management
iv. Labor Compliance (Davis-Bacon and Prevailing Wages) 2) Sherwood Recreation Center – Phase IV,
a. Not To Exceed Amount: $452,570.50
b. Scope of Work
i. Design
ii. Project Management

Version: November 2022
iii. CEQA and NEPA Environmental Services
3) Chinatown Navigation Center Building Improvements and Shower Trailer Installation; and a. Not To Exceed Amount: $141,780.00
b. Scope of Work
I. Design
II. Project Management
III. CEQA Environmental Services
4) Chinatown Neighborhood Improvements projects.
a. Not To Exceed Amount: $312,850
b. Scope of Work
I. Design
II. Project Management
III. CEQA and NEPA Environmental Services
Under this agreement, CSG shall not render any construction work for any of the previously stated projects. CSG will assist the City in the preparation of the project specifications, but the City shall be responsible for releasing the Call for Bids for each of the projects. CSG will also assist in reviewing bid proposals received, but the City will ultimately be responsible for accepting a lowest bid proposal from a qualified General Contractor (GC) through a competitive closed-bid process for each project per the City’s requirements. CSG shall not enter into any construction contracts on behalf of the City for any of the previously stated projects, as that will be the responsibility of the City.

CSG will also assist the City with environmental services for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as well as Labor Compliance for all projects. Labor Compliance will include Davis-Bacon and California Prevailing Wage monitoring and regulations. CSG will follow the City of Salinas Labor Compliance Program approved by City Council on October 27, 2020.

The City shall collect all required documentation on the Call for Bids and ensure all City, State, and Federal grant requirements are met before entering into a Construction Contract with a qualified General Contractor, and any subcontractors included under the General Contractor. On each occasion the Consultant performs services for the City, the Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Development Director. The Community Development Director authorization shall be limited to the maximum not to exceed amount stipulated in this Amendment and as outlined in Section 1 and Section 3.

2. The Agreement, “Section 3. Compensation”, is amended to restate in this section the following:

City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B an amount not to exceed one million one hundred fifty thousand six hundred ninety-six and fifty cents ($1,150,696.50) and set forth in proposals submitted by CSG for each individual project.

3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

Version: November 2022
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

City of Salinas CSG Consultants, Inc.

By: By:

René Mendez, City Manager Cyrus Kianpour, President
APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
Form: Professional Services Agreement v. January 2021 Page 1 of 16 CSG Consultants, Inc.

February 2023

MASTER SERVICE AGREEMENT

FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF SALINAS AND CSG
CONSULTANTS, INC.
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Form: Professional Services Agreement v. January 2021 Page 2 of 17 CSG Consultants, Inc.

February 2023
Contents
RECITALS ..................................................................................................................................... 4 TERMS ........................................................................................................................................... 4

1. Scope of Service. ................................................................................................................. 4

2. Term; Completion Schedule. ............................................................................................... 4

3. Compensation. ..................................................................................................................... 4

4. Billing. ................................................................................................................................. 4

5. Meet & Confer. .................................................................................................................... 5

6. Additional Copies................................................................................................................. 5

7. Responsibility of Consultant. ............................................................................................... 5

8. Responsibility of City. ......................................................................................................... 5

9. Acceptance of Work Not a Release. .................................................................................... 6

10. Indemnification and Hold Harmless. ................................................................................... 6

11. Insurance. ............................................................................................................................. 6

12. Access to Records. ............................................................................................................... 6

13. Non-Assignability. ............................................................................................................... 6

14. Changes to Scope of Work. ................................................................................................. 6

15. Ownership of Documents. ................................................................................................... 7

16. Termination. ......................................................................................................................... 7

17. Compliance with Laws, Rules, and Regulations. ................................................................ 8

18. Exhibits Incorporated. .......................................................................................................... 8

19. Independent Contractor. ....................................................................................................... 8

20. Integration and Entire Agreement. ....................................................................................... 8

21. Jurisdiction and Venue. ........................................................................................................ 8

22. Severability .......................................................................................................................... 8

23. Notices. ................................................................................................................................ 9

24. Nondiscrimination................................................................................................................ 9

25. Conflict of Interest. .............................................................................................................. 9

26. Headings. ........................................................................................................................... 10

27. Attorneys’ Fees .................................................................................................................. 10

28. Non-Exclusive Agreement. ................................................................................................ 10

29. Rights and Obligations Under Agreement. ........................................................................ 10

30. Licenses.............................................................................................................................. 10

31. Counterparts. ...................................................................................................................... 10 -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 3 of 17 CSG Consultants, Inc.

February 2023

32. Legal Representation. ........................................................................................................ 10

33. Joint Representation. .......................................................................................................... 10

34. Warranty of Authority........................................................................................................ 11

35. No Waiver of Rights. ......................................................................................................... 11 Exhibit A- Insurance Requirements .............................................................................................. 12 Exhibit B- Fee Schedule ............................................................................................................... 15

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Form: Professional Services Agreement v. January 2021 Page 4 of 17 CSG Consultants, Inc.

February 2023

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND CSG CONSTULTANTS, INC.

This Master Service Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 7th day of February 2023, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and CSG Consultants, Inc. (dba CSG), a California corporation (hereinafter “Consultant”).

RECITALS
WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, City and Consultant agree as follows:

TERMS

1. Scope of Service. It is understood by the City and Consultant that Consultants performs or secures the performance of Project Management and Design Consultant Services, and related services for the City on an on-going basis. On each occasion Consultant performs services for the City, Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Development Department, Housing Division Planning Manager.

2. Term; Completion Schedule. This Agreement shall commence on February 7, 2023, and shall terminate on February 7, 2028, unless extended in writing by either party upon (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.

3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B.

4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
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February 2023
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.

City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.

5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.

6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.

7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.

8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 6 of 17 CSG Consultants, Inc.

February 2023
(B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant. (C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.

9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.

10. Indemnification and Hold Harmless.

Consultant shall hold harmless, defend, and indemnify City and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City.

11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.

12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours. Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.

13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.

14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 7 of 17 CSG Consultants, Inc.

February 2023
time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.

16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.
(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 8 of 17 CSG Consultants, Inc.

February 2023
(2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.

17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.

18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.

19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.

20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.

Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.

22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect. -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 9 of 17 CSG Consultants, Inc.

February 2023

23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:

City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:

City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:

Peykan Abbassi, PE, Principal-in-Charge
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
[email protected]
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.

24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.

25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

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February 2023
Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.

26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.

28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.

29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.

31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked. -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 11 of 17 CSG Consultants, Inc.

February 2023

34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.

Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.

CITY OF SALINAS
____________________________
Steve Carrigan
City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney

CONSULTANT
___________________________________
By (Printed Name): ___________________
Its (Title): ___________________________

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Form: Professional Services Agreement v. January 2021 Page 12 of 17 CSG Consultants, Inc.

February 2023
Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant 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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

4. A copy of the claims reporting requirements must be submitted to the City for review. -82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.

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February 2023
Exhibit B- Fee Schedule
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Form: Professional Services Agreement v. January 2021 Page 16 of 17 CSG Consultants, Inc.

February 2023
-82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Form: Professional Services Agreement v. January 2021 Page 17 of 17 CSG Consultants, Inc.

February 2023
-82:1547Ā.7;36893Ā0-*Ā+#+!+/')Ȁ ,)(Ȁ$'+.Ȁ,//%Ȁ,"!&.'&/&(%%

Version: November 2022
AGREEMENT —AMENDMENT NO. 1 TO

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
CSG CONSULTANTS, INC. AND THE CITY OF SALINAS
This Amendment No. 1 to the Master Service Agreement for Professional Services (the “Amendment”) is entered into this 14th day of November 2023, by and between the City of Salinas (the “City”) and CSG Consultants, Inc., (the “Consultant” or “CSG”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Consultant first entered into a Master Service Agreement for Professional Services effective February 7, 2023, pursuant to which Consultant agreed to provide certain services to the City for compensation (the “Agreement”); and
WHEREAS, the City and Consultant desire to amend the Agreement further clarify the scope of service and define the roles between the City and Consultant; and WHEREAS, the City and Consultant desire to amend the Agreement to stipulate an amount not to exceed $882,042 for the Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvements projects, as specified in CSG’s proposals and to clarify the scope of service.

NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, “Section 1. Scope of Service”, is amended to restate in this section the following:

It is understood by the City and Consultant that Consultants performs or secures the performance of design, inspection, project, construction management, labor compliance services, environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA), and related services for the City on an on-going basis for the following Capital Improvement Projects (CIPs):
1) Natividad Creek Park Restroom Rehabilitation
a. Not To Exceed Amount: $200,773
b. Scope of Work
i. Inspection Services
ii. Project Management
iii. Construction Management
iv. Labor Compliance (Davis-Bacon and Prevailing Wages) 2) Sherwood Recreation Center – Phase IV,
a. Not To Exceed Amount: $322,378
b. Scope of Work
i. Design
ii. Inspection Services
DocuSign Envelope ID: 8980389C-AEEF-4F44-8658-4412A1150D44

Version: November 2022
iii. Project Management
iv. Construction Management
v. Labor Compliance (Davis-Bacon and Prevailing Wages)
vi. CEQA and NEPA Environmental Services
3) Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and a. Not To Exceed Amount: $128,891
b. Scope of Work
I. Design
II. Inspection Services
III. Project Management
IV. Construction Management
V. Labor Compliance (Davis-Bacon and Prevailing Wages)
VI. CEQA Environmental Services
4) Chinatown Neighborhood Improvements projects.
a. Not To Exceed Amount: $230,000
b. Scope of Work
I. Design
II. Inspection Services
III. Project Management
IV. Construction Management
V. Labor Compliance (Davis-Bacon and Prevailing Wages)
VI. CEQA and NEPA Environmental Services
Under this agreement, CSG shall not render any construction work for any of the previously stated projects. CSG will assist the City in the preparation of the project specifications, but the City shall be responsible for releasing the Call for Bids for each of the projects. CSG will also assist in reviewing bid proposals received, but the City will ultimately be responsible for accepting a lowest bid proposal from a qualified General Contractor (GC) through a competitive closed-bid process for each project per the City’s requirements. CSG shall not enter into any construction contracts on behalf of the City for any of the previously stated projects, as that will be the responsibility of the City.

CSG will also assist the City with environmental services for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as well as Labor Compliance for all projects. Labor Compliance will include Davis-Bacon and California Prevailing Wage monitoring and regulations. CSG will follow the City of Salinas Labor Compliance Program approved by City Council on October 27, 2020.

The City shall collect all required documentation through the Call for Bids and will ensure all City, State, and Federal grant requirements are met before entering into a Construction Contract with a qualified General Contractor, and any subcontractors included under the General Contractor.

On each occasion the Consultant performs services for the City, the Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Development Director. The DocuSign Envelope ID: 8980389C-AEEF-4F44-8658-4412A1150D44

Version: November 2022
Community Development Director authorization shall be limited to the maximum not to exceed amount stipulated in this Amendment as outlined in Section 3 and the scope of services outlined in Section 1.

2. The Agreement, “Section 3. Compensation”, is amended to restate in this section the following:

City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B an amount not to exceed Eight Hundred and Eighty-Two Thousand and Forty-Two dollars ($882,042.00) and set forth in proposals submitted by CSG for each individual project.

3. The Agreement, “Section 14. Changes to Scope of Work.”, is amended to restate in this section the following:

City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement.

Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.

Should CSG bring on additional subconsultants not specified in their original Request for Qualifications Proposal for Master Services to perform any design, inspection, project and construction management, labor compliance, and CEQA/NEPA environmental services, these subconsultants shall be competitively procured, insurance certificates provided to the City, and require approval from the Community Development Director before bringing the subconsultant(s) under agreement.

4. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

City of Salinas CSG Consultants, Inc.

By: By:

Jim Pia, Interim City Manager Cyrus Kianpour, President APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
Rhonda Combs, Assistant City Attorney
DocuSign Envelope ID: 8980389C-AEEF-4F44-8658-4412A1150D44

Version: November 2022
AGREEMENT —AMENDMENT NO. 2 TO

MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN
CSG CONSULTANTS, INC., AND CITY OF SALINAS
This Amendment No. 2 to the Master Service Agreement for Professional Services (the “Amendment”) is entered into this 12
th day of March 2024, by and between the City of Salinas (the “City”) and CSG Consultants, Inc., (the “Consultant” or “CSG”). City and Consultant may be individually referred to herein as a “Party” and collectively the City and Consultant may be referred to as the “Parties.”

RECITALS
WHEREAS, the City and Consultant first entered into a Master Service Agreement for Professional Services effective February 7, 2023, pursuant to which Consultant agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, on November 14, 2023, the City and Consultant entered into Amendment No. 1 to the Agreement to clarify the scope of service, define the roles between City and Consultant and to establish a not to exceed compensation amount of $882,042; and
WHEREAS, the City and Consultant desire to further amend the Agreement to increase the not to exceed amount to $1,054,420 for the Natividad Creek Park Restroom Rehabilitation, Sherwood Recreation Center – Phase IV, Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and Chinatown Neighborhood Improvements projects, as specified in CSG’s proposals; and NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:

TERMS

1. The Agreement, “Section 1. Scope of Service” is amended to increase the not to exceed amount for the Sherwood Recreation Center – Phase IV to $411,906 and to establish a not to exceed amount of $312,850 for Chinatown Neighborhood Improvements projects, and to restate each project scope of work.

It is understood by the City and Consultant that Consultants performs or secures the performance of design, inspection, project, construction management, labor compliance services, environmental services to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA), and related services for the City on an on-going basis for the following Capital Improvement Projects (CIPs):
1) Natividad Creek Park Restroom Rehabilitation
a. Not To Exceed Amount: $200,773
b. Scope of Work
i. Inspection Services
ii. Project Management
iii. Construction Management
iv. Labor Compliance (Davis-Bacon and Prevailing Wages) 2) Sherwood Recreation Center – Phase IV,
a. Not To Exceed Amount: $411,906
DocuSign Envelope ID: 7A6F3399-43F5-4AB3-9570-0CAEA82FED52

Version: November 2022
b. Scope of Work
i. Design
ii. Project Management
iii. CEQA and NEPA Environmental Services
3) Chinatown Navigation Center Building Improvements and Shower Trailer Installation, and a. Not To Exceed Amount: $128,891
b. Scope of Work
I. Design
II. Project Management
III. CEQA Environmental Services
4) Chinatown Neighborhood Improvements projects.
a. Not To Exceed Amount: $312,850
b. Scope of Work
I. Design
II. Project Management
III. CEQA and NEPA Environmental Services
Under this agreement, CSG shall not render any construction work for any of the previously stated projects. CSG will assist the City in the preparation of the project specifications, but the City shall be responsible for releasing the Call for Bids for each of the projects. CSG will also assist in reviewing bid proposals received, but the City will ultimately be responsible for accepting a lowest bid proposal from a qualified General Contractor (GC) through a competitive closed-bid process for each project per the City’s requirements. CSG shall not enter into any construction contracts on behalf of the City for any of the previously stated projects, as that will be the responsibility of the City.

CSG will also assist the City with environmental services for the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as well as Labor Compliance for all projects. Labor Compliance will include Davis-Bacon and California Prevailing Wage monitoring and regulations. CSG will follow the City of Salinas Labor Compliance Program approved by City Council on October 27, 2020.

The City shall collect all required documentation on the Call for Bids and ensure all City, State, and Federal grant requirements are met before entering into a Construction Contract with a qualified General Contractor, and any subcontractors included under the General Contractor. On each occasion the Consultant performs services for the City, the Consultant shall advise the City in writing of the scope of services to be provided and the cost of, and estimated time to perform services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the Community Development Director. The Community Development Director authorization shall be limited to the maximum not to exceed amount stipulated in this Amendment and as outlined in Section 1 and Section 3.

2. The Agreement, “Section 3. Compensation”, is amended to restate in this section the following:

City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B an DocuSign Envelope ID: 7A6F3399-43F5-4AB3-9570-0CAEA82FED52

Version: November 2022
amount not to exceed One Million Fifty-Four Thousand Four Hundred dollars ($1,054,420) as set forth in proposals submitted by CSG for each individual project.

3. All other covenants, terms, and conditions set forth in the Agreement, Amendment No. 1 and not amended by this Amendment No. 2 shall remain in full force and effect as if fully set forth herein.

IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Consultant have entered into this Agreement as of the date first written above.

City of Salinas CSG Consultants, Inc.

By: By:

Jim Pia, Interim City Manager Cyrus Kianpour, President APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
Rhonda Combs, Assistant City Attorney
DocuSign Envelope ID: 7A6F3399-43F5-4AB3-9570-0CAEA82FED52 May 16, 2024
Luis Ochoa, Sr. Community Development Analyst
Community Development Department
City of Salinas
65 W. Alisal Street, 2nd Floor
Salinas, CA 93901
[email protected]
Re: Sherwood Recreation Center –Architects Scope Change As requested by the City, CSG Consultants, Inc. (CSG) is pleased to submit this Proposal to assist the City of Salinas (City) with the following services for the Sherwood Recreation Center Renovation Project located at 940 N. Main Street, Salinas.
• Revision to the construction cost estimate for the project per the city’s request due to the scope change.
• Second Revision to the construction cost estimate for the project per the city’s request due to the scope change.
• Additional architectural and landscape design and engineering due to scope changes requested by the city.

Scope of Work
The scope of work for each task is outlined in the attachments. • Attachment 1 & 2: Larry Henrick Consulting invoice for revising the construction cost estimate at 50% CD, per the city's requested value engineering comments. • Attachment 3: MEI add service 4, exterior roofing and skin detailing and misc owner scope revisions.

Work Breakdown and Proposed Fee
CSG fee proposal to provide all labor, material, and expenses to perform the listed services for a total fee of $67,227.00 with a breakdown as follows:

SCHEDULE OF FEES

DESCRIPTION COST

1. Larry Hendrick Consulting Fee Proposal to revised the cost estimate. $2,220.00

2. CSG Project management and coordination including consultant administration and contract management. Document reviews. $420.00

3. MEI fee proposal for exterior roofing and skin detailing and misc owner scope revisions.
$59,926.00

4. CSG Project management and coordination including consultant administration and contract management. Document reviews. $2,996.00

5. Larry Hendrick Consulting Fee Proposal to revised the cost estimate. $1,665.00

6. CSG Project management and coordination including consultant administration and contract management. Document reviews.

INCLUDED
TOTAL FEE $67,227.00

CSG PROPOSAL FOR CITY OF SALINAS

PROJECT MANAGEMENT AND DESIGN CONSULTANT SERVICES FOR

SHERWOOD RECREATION CENTER RENOVATION PROJECT
Assumptions and Exclusions
Should additional work be required beyond the scope of work enumerated in this letter, whether it be due to unforeseen site conditions or Owner requests, additional work shall be compensated either on a T&M basis or fixed fee as requested by the Client.

We look forward to working with the City of Salinas on this additional work. If you have any questions or require additional information, please contact Cyril Charles, P.E., Sr. Project Manager ([email protected]).

Sincerely,
Cyril Charles, PE, Sr. Project Manager
(626) 901-6995 cell,
[email protected]
Attachment:

1. Larry Hendricks Cost Estimate Revision Invoice #2

2. Larry Hendricks Cost Estimate Revision Invoice #3

3. MEI Add Service 4
larryhendrickconsulting.com

INVOICE FOR SERVICES
Client:

CSG Consultants
550 Pilgrim Drive
Foster City, CA 94404
Date: 5/12/2024
Project:

City of Salinas- Sherwood Recreation Center
Salinas, CA
Services Provided:

A. Revise Estimate 2.0- Per City Requested Value Engineering for Sherwood Recreation Center Improvements:

1. Estimate to Provide Improvements and repairs per 50% CD Drawings by MEI Architects. a. Includes take-offs per plans and documents provided by CSG Consultants. b. Compile estimate line items and pricing in CSI Master Format template.

TOTAL Cost for Above Listed Services per Agreement- Time and Material = 12 hours x $185 per hour TOTAL DUE FOR ABOVE LISTED ESTMIATE SERVICES = $2,220
Payable to:

Larry Hendrick Consulting, LLC
21646 Pumice Lane- Wildomar, CA 92595
(Note: Payment for Invoice due 15 days from date of Invoice.) ATTACHMENT #1
larryhendrickconsulting.com

INVOICE FOR SERVICES
Client:

CSG Consultants
550 Pilgrim Drive
Foster City, CA 94404
Date: 5/14/2024
Project:

City of Salinas- Sherwood Recreation Center
Salinas, CA
Services Provided:

A. Revise Estimate 3.0- Per City Requested Value Engineering for Sherwood Recreation Center Improvements:

1. Estimate to Provide Improvements and repairs per notes by MEI Architects 5/6/2024. a. Includes take-offs per plans and documents provided by CSG Consultants. b. Compile estimate line items and pricing in CSI Master Format template.

TOTAL Cost for Above Listed Services per Agreement- Time and Material = 9 hours x $185 per hour TOTAL DUE FOR ABOVE LISTED ESTMIATE SERVICES = $1,665
Payable to:

Larry Hendrick Consulting, LLC
21646 Pumice Lane- Wildomar, CA 92595
(Note: Payment for Invoice due 15 days from date of Invoice.) ATTACHMENT #2
MEI ARCHITECTS 949 GRANT AVENUE SAN FRANCISCO CA 94108 P 415.703.0328 F 415.707.6328 www.meiarchitects.com
15 May 2024
Mr. Cyril Charles
CSG Consultants, Inc
3707 W. Garden Grove Blvd, Ste 100
Orange, CA 92868
[email protected]
Re: City of Salinas; Sherwood Rec Center Add Service 4, Exterior roofing and skin detailing and misc Owner scope revisions.

MEI Project # 821
Dear Cyril:

This proposal supersedes the previous Add Service #4 submitted in early March 2024.

A. Per the on site landscape presentation on 2/28/2024 by Sara Peschel of Groundworks, we have prepared an additional service to cover the scope of work discussed with the City at that meeting.

1. Proceed with development of the “Native Agrarian” concept plan as presented on 2/28/2024 and based on the limits of work per The City of Salinas’ email of 5/12/2024.

2. Fees for the Landscape services include full design through Construction Administration.

Groundwork’s fee is $15,000.00; MEI is adding an additional $1,600 for principal time to review and coordinate the design with consultants. RPM has added $2,500 for additional curb and sidewalk/paving work.

B. Per additional discussions with CSG and the City of Salinas, in April 2024 regarding the cost model and additional scope, we have modified the original AS#4 proposal to add the following scope changes:

1. Reroofing of the entire Sherwood Rec center; removal of the existing roofing and cover board, gutters and flashing and replacing with new TPO materials, gutters and rainwater leaders. The work will require temporary removal/relocation of existing rooftop mechanical equipment on the west side of the building to allow reroofing activities.

2. Removal of existing wood shingles and replacement with new corrugated metal panels as described in our 50% submittal package which was accepted by the City. Previous Add Service #3 covered the design work to prepare the 50% package; this proposal covers the new detailing work required. Work scope includes removal and reinstallation of exterior HVAC systems to allow the skin work to proceed and also includes adding rigid insulation to the exterior walls.

3. Replacement of the existing fencing with an 8’H vertical picket wrought iron fence and gates. Previous direction was to have an artisanal type fencing which proved to be beyond the City’s budget.

4. Replacement of permeable pavers with permeable concrete on the south side of the facility/yard.

5. Addition of ventilation to the main gym space
ATTACHMENT #3

Add Service 4 Fees:

Sherwood Recreation Center
RPM: $8,000.00
MEI $36,926.00
Groundworks $15,000.00
Total $ 59,926.00
Total Fee Summary, Sherwood Recreation Center:

Add Service 4 Add Service 3 Add Service 2 Add Service 1 Base Contract Total All fees RPM $8,000.00 $0.00 $ 7,800.00 $ 0.00 $43.000.00 $ 58,800.00 MEI $36,926.00 $16,838.00 $ 18,642.00 $ 16,240.00 $78,674.00 $167,320.00 Groundworks $15,000.00 $ 0.00 $ 0.00 $0.00 $ 14,490.00 $29,490.00 Total $59,926.00 $16,838.00 $ 26,442.00 $ 16,240.00 $136,164.00 $255,610.00 Regards,
Michael Wang
Principal, MEI Architects
Regards,
Michael Wang
Principal, MEI Architects
Attachments:

1. RPM Add Services

2. Groundworks Add Services

3. Email reduced Groundworks scope confirmation with reduced area of work from City of Salinas WWW.RPM-TEAM.COM
Engineering AD Services Proposal & Agreement
Date: March 6, 2024
Client: MEI Architects
Michael Wang
Principal
949 Grant Avenue, San Francisco, CA 94108
C: (415) 828-5396
E: [email protected]
Project: Sherwood Recreation Center Improvements
Site Address/Location: 940 N Main St, Salinas, CA 93906 Conceptual: Client is requesting engineering design services for improvements to an existing recreation center. The center was built in 1949 and is approximately 12,895 square feet. Phase 4 of the project will focus primarily on exterior improvements to the facility such as roof, windows, paint, landscaping, parking, and other miscellaneous construction activities listed below and highlighted in Appendix A.

Scope of Services: Providing additional civil engineering services, stamped by a licensed PE in California, in compliance with CBC 2022 / ASCE 7-16, in response to owner driven changes and landscaping updates, for the items below:

1. Civil Engineering Services Including:
a. Revised concrete walkways, curbs, and accessible paths Total Fee $2,500
WWW.RPM-TEAM.COM
---------------------------------------- End Contract Terms & Conditions ---------------------------------------- From: David Renard <[email protected]>
Sent: Friday, April 26, 2024 4:36 PM
To: Michael Wang <[email protected]>
Subject: Re: Sherwood Rec: misc items
Hi Michael,
Below is the scope and fee for the revisions and additions we discussed. Do you need a formal proposal?
Structural & Civil
• Updates to fence design
• Updates to structural calculations
• Heaved curb repair design
Electrical
• Remove exhaust fan EF-3
• Revise Panel Schedule
• Revise Keynotes
• Provide Power Mechanical System in Gym Area
• Coordination
Mechanical
• Revise mechanical schedules
• Revise Louver Schedule
• Remove EF-3 and revise mechanical layout.
• Revise keynotes.
• Revise existing Gym Mechanical System
• Coordination
Total fee: $5,500
Regards,
David Renard, President
P: 408-439-3283
E: [email protected]
www.rpm-team.com
Veteran Owned
MARCH 1, 2024

Michael Wang
Principal
MEI Architects
San Francisco, CA
Subject: Sherwood Recreation Center Project
Dear Michael,
I’m very pleased to submit this proposal for Professional Services in connection with the Sherwood Recreation Center Project.

PROJECT DETAILS AND SCOPE

Groundworks Office Inc. (GWO) has been requested to provide landscape architectural services for the Sherwood Recreation Center (PROJECT). GWO is offering landscape architecture services for Design Development.

The project is comprised of exterior and site improvements to an existing recreation facility. The landscape program for the site may consist of at-grade parking, landscape planting, code required ADA access and paving, pedestrian paving, stormwater treatment areas, and other amenities. The site is located at 920 North Main Street in Salinas, California. The site associated with landscape improvements is approximately 3,635 sf and is generally flat. An add-alternate landscape area of approximately 4,560 will be included.

GWO will advise and provide design and documentation for the approvals and permitting process, as well as assist the Client with the management and coordination of the landscape scope of work.

The Scope of Work to include design and documentation for all landscape areas which include, pedestrian paving, building entry and landscaping in parking areas. The Scope of Work includes, irrigation design, pedestrian paving, site walls, steps, fencing and gates, light fixture selection, landscape grading, site furnishings and all other exterior site elements / features.

Groundworks Office will participate in all coordination meetings with the Client/Owner, Architect, Civil Engineer, Structural Engineer, and other necessary consultants. The GROUND
WORKS
Office
landscape
architects
1792 5 th Street
Berkeley California
94710
gwosite.com
proposal includes participating in a normal but efficient process that is within the implied limits of the fee. Deliverables include plans, sections and elevations as required to explain the project to the Owner and the City for approvals and permitting.

Exclusions from the scope of work include design and details for roof/building waterproofing and engineering required for all landscape foundations and elements.

GWO will provide services generally as described herein, modified as appropriate to support the project team needs.

TASK 2

DESIGN DEVELOPMENT (DD)
Services To Be Performed
o Site lighting design including selection of fixture types and locations of all fixtures.

Related electrical engineering will be provided by others. o Confirm and verify coordination between various MEP/FP, civil, structural and architectural drawings. Resolve conflicts.
o Define and specify the scope of landscape irrigation. o Coordinate with Civil engineer for final grades and contours. o Prepare final landscape design drawings, include all information required. Include specific plant information, landscape details, landscape calculations, materials finishes, fixtures, and site furniture.
o The landscape architect will be responsible for hardscape finished surfaces, the civil engineer will design, engineer, and prepare contract documents for site hardscape features such as [retaining walls, roadways, sidewalks, parking lots]. o Attend meetings, discussions, and presentations to determine final landscape design solution.
o Obtain approval from all necessary municipal agencies. Revise drawings as required because of municipality review and approval process.
o Coordinate with all other disciplines including attendance at meetings as necessary for the successful completion of the design phase.
o Prepare draft of Project Manual with sections project specific rather than generic.

Highlight questions for Architect’s and owner’s review. o Provide pricing package sufficient that preliminary pricing can be estimated by a general contractor.
o Pricing package to include add alternate for landscape area of approximately 4,560 sf. o Provide electronic versions of check set drawings at 50% and 100% PD. o Assist in value engineering and scope adjustment meetings as required.

COMPENSATION
Compensation listed for the Scope of Work will be billed as Fixed Fee with a not-toexceed amount and invoiced each month during the duration of the project. The fee does not include Reimbursable Expenses, which include: printing, plotting, courier service and travel to the project site.
per email from
Groundworks 5/7/24,
fees include single
phase DD/CD with
building permit
submittal; per 5/13/24
email from
Groundworks, reduce
fee to $15K, with
reduced area of work
and expand to include
CA services
If you have any questions or concerns regarding this proposal for your project, please don’t hesitate to contact me directly.

Sincerely,
Sara Peschel
Principal, GROUNDWORKS Office

SCOPE ITEMS FEE
Task 2 – Design Development $ 18,648
TOTAL $ 18,648
1 Lisa Wang
From: Michael Wang
Sent: Wednesday, May 15, 2024 8:18 AM
To: Lisa Wang
Subject: FW: Sherwood - CSG Fee Proposal for Add Services 9-10 From: Sara Peschel <[email protected]>
Sent: Tuesday, May 14, 2024 4:02 PM
To: Michael Wang <[email protected]>
Subject: Re: Sherwood - CSG Fee Proposal for Add Services 9-10 Hi Michael,
We will make it work with the scope reduced to the main entry plaza.

Best Regards,
Sara Peschel founding partner
GROUNDWORKS Office
[email protected]
office_____510 . 833 . 2111
cell_______212 . 203 . 5857
web______groundworksoffice.com
From: Michael Wang <[email protected]>
Date: Tuesday, May 14, 2024 at 2:27 PM
To: Sara Peschel <[email protected]>
Subject: FW: Sherwood - CSG Fee Proposal for Add Services 9-10 Hi Sara.

Ugh. Budgetary issues. I’ll be short and direct to the point.

City wants to reduce Groundworks’ scope to the two areas here. Your proposal was for $18K as a single phase DD/CD.

Can we reduce fee to say $15 K for this reduced area and also include CA services?

It that’s OK, we’re good to go.

Kindly let me know.

Michael Wang Architect, LEED AP
Principal
2 MEI ARCHITECTS
949 Grant Avenue, San Francisco, CA 94108
M 415.828.5396
www.meiarchitects.com | [email protected]

From: Luis Ochoa <[email protected]>
Sent: Monday, May 13, 2024 11:28 AM
To: 'Gelareh Jokar' <[email protected]>; Michael Wang <[email protected]> Cc: Francisco Brambila <[email protected]>; Cristina Gonzalez <[email protected]>; Luis Rodriguez <[email protected]>; Cyril Charles <[email protected]>; Ana Ambriz <[email protected]>; Vicky Sargent <[email protected]>
Subject: RE: Sherwood - CSG Fee Proposal for Add Services 9-10

Hi Gelareh and Michael,
I had a conversation with Ana and Francisco regarding Additional Services 10, and we need to bring the cost of this services down. We will need to scope down the landscape work from Groundworks to the two areas highlighted below.

With this reduction in scope, I imagine that this is going to be bring down the cost for Groundworks and RPM. 3 Please send us the revised cost for additional service #10.

Best,
Luis Ochoa, Sr. Community Development Analyst
Community Development Department
65 West Alisal Street, 2nd Floor, Salinas, CA 93901
[email protected] | (P) 831-758-7338 | (F) 831-775-4258 From: Gelareh Jokar <[email protected]>
Sent: Thursday, May 9, 2024 9:43 AM
To: Luis Ochoa <[email protected]>
Cc: Francisco Brambila <[email protected]>; Cristina Gonzalez <[email protected]>; Luis Rodriguez <[email protected]>; Cyril Charles <[email protected]> Subject: RE: Sherwood - CSG Fee Proposal for Add Services 9-10

Hi Luis,

Enclosed please find MEI’s breakdown and explanation for the add service 4 amount.

Please let us know if you have any questions.

Thank you

Gelareh Jokar, LEED AP
Assistant Project Manager
CSG Consultants, Inc.
550 Pilgrim Drive, Foster City, CA 94404
www.csgengr.com
[email protected]
650.522.2500 main
657.229.2883 Cell

From: Luis Ochoa <[email protected]>
Sent: Friday, May 3, 2024 4:25 PM
To: Gelareh Jokar <[email protected]>
Cc: Francisco Brambila <[email protected]>; Cristina Gonzalez <[email protected]>; Luis Rodriguez <[email protected]>; Cyril Charles <[email protected]> Subject: RE: Sherwood - CSG Fee Proposal for Add Services 9-10

Hi Gelareh,
We are on board with Change Order #9, yet we want to have a better understanding about Change Order # 10. That amount is significant, and there is no back-up information from MEI to see how MEI arrived to the $64,839.00. Please send us the back information for this amount.

CAUTION: This message originated outside of the City of Salinas email system. Do not click on links or open attachments unless you are sure the content is safe.
4 Best,
Luis Ochoa, Sr. Community Development Analyst
Community Development Department
65 West Alisal Street, 2nd Floor, Salinas, CA 93901
[email protected] | (P) 831-758-7338 | (F) 831-775-4258 From: Gelareh Jokar <[email protected]>
Sent: Thursday, May 2, 2024 3:51 PM
To: Luis Ochoa <[email protected]>
Cc: Francisco Brambila <[email protected]>; Cristina Gonzalez <[email protected]>; Luis Rodriguez <[email protected]>; Cyril Charles <[email protected]> Subject: Sherwood - CSG Fee Proposal for Add Services 9-10

Hi Luis,

The CSG fee proposal for added services 9 and 10 and the fee spreadsheet are attached. Please review them and let us know if you have any questions. The city's prompt response to this added service is greatly appreciated so our design team can proceed with their design.

After receiving approval of this change order, MEI will move forward with the CD, and within 1.5 months, they should be able to submit their 90CD set.

Thank you!
Gelareh Jokar, LEED AP
Assistant Project Manager
CSG Consultants, Inc.
550 Pilgrim Drive, Foster City, CA 94404
www.csgengr.com
[email protected]
650.522.2500 main
657.229.2883 Cell

CAUTION: This message originated outside of the City of Salinas email system. Do not click on links or open attachments unless you are sure the content is safe.

May 29, 2024
Luis Ochoa, Sr. Community Development Analyst
Community Development Department
City of Salinas
65 W. Alisal Street, 2nd Floor
Salinas, CA 93901
[email protected]
Re: Natividad Creek Park Restroom Remodel – Additional Services The City is aware that the Natividad Creek Park Restroom Renovation construction project has been significantly delayed and as such CSG Consultants, Inc. (CSG) and its subconsultants has incurred additional costs to provide the required construction management services for progress on this project. This Proposal, as requested by the City, includes additional services provided to date for the period from April 1st, 2024, to the May 29th, and estimated costs needed to complete the project.

Scope of Work
The scope of work for each task is outlined below.
• Additional construction management/inspection services from April 1st, 2024, until the project completion. • Additional labor compliance services as of April 1st till the project completion date, assuming receiving only one more invoice, which will be the general contractor's closing invoice.

Work Breakdown and Proposed Fee
CSG fee proposal to provide all labor, material, and expenses to perform the listed services to complete the project is $37,775.00 with a breakdown as follows (See Attachment No.1):

SCHEDULE OF FEES

DESCRIPTION COST

1. CSG additional construction management and inspection services (Add. Service No 2) $34,685.00

2. 360 PSM additional labor compliance services (Add Service No 3). $3,090.00

3. CSG construction management consultant administration (Add Service No 3). INCLUDED TOTAL FEE $37,775.00
We look forward to working with the City of Salinas to complete this project. If you have any questions or require additional information, please contact Cyril Charles, P.E., Sr. Project Manager ([email protected]).

Sincerely,
Cyril Charles, PE, Sr. Project Manager
(626) 901-6995 cell,
[email protected]
Attachment:

1. CSG Staffing Plan & Cost Proposal Spreadsheet.

2. 360 PSM Proposal for additional service as of April 1st till project completion.

3. 360 PSM Proposal for additional services for inspection as of April 1st till project completion.

TOTAL COST
ROLE STAFF JUL (19 DAYS) AUG (23
DAYS)
SEP (21 DAYS) OCT (22 DAYS) NOV (5 DAYS)
Principal Engineer Peykan Abbassi 0 0 0 0 0 0 $250.00 $0.00 Sr. Project Manager Cyril Charles 0 0 0 0 0 0 $235.00 $0.00 Construction Manager (Associate Engineer) TBD 0 0 0 0 0 0 $185.00 $0.00 Construction Inspector TBD 0 0 0 0 0 0 $165.00 $0.00
Asst. Project Manager Bronwyn Callero 0 0 0 0 0 0 $140.00 $0.00 Principal Engineer Peykan Abbassi 4 5 4 4 1 18 $250.00 $4,500.00 Sr. Project Manager Cyril Charles 32 40 32 32 8 144 $235.00 $33,840.00 Construction Manager (Associate Engineer) TBD 0 0 0 0 0 0 $185.00 $0.00 Construction Inspector* TBD 152 184 168 176 40 720 $165.00 $118,800.00 Asst. Project Manager Bronwyn Callero 16 20 16 16 4 72 $140.00 $10,080.00 Construction Manager TBD 0 0 0 0 0 0 $185.00 $0.00
Document Control TBD 0 0 0 0 0 0 $140.00 $0.00
204 249 220 228 53 954 $167,220.00
TOTAL COST $224,450.00
Notes:

1. Hours based on a construction period start date of July 5, 2023 and a duration of 60-90 working days, with an additional time for project closeout.

2. Overtime will be billied in accordance with our Master Agreement Fee Schedule.

3. Please note that the construction inspection line item is based on 90 days construction duration with full time inspection. However, this is a not-to-exceed amount and inspections will be charged to the city only for the days the inspector is required in the field as the contractor’s schedule dictates.

CSG Construction Management and Consultant Admin on Add Service No. 1 $2,350.00 SUB‐TOTAL $49,865.00
CSG additional construction management and inspection services _ Add service No2. (Sr Project manager: 34h @ $235.00/h | Asst. Project Manager: 140h @ $140.00/h | Construction Inspector: 43h @ $165.00/h - Including CSG Consultant Admin) 360 PSM additional labor compliance services _ Add service No3. $3,090.00 $34,685.00
SUB‐TOTAL $7,365.00
ATI - Materials Testing and Inspection_Add Service No. 1 $9,740.00 TASK 5.0: Additional Services TOTAL COST
360PSM - Labor Compliance (Includes 10% OH) $7,365.00
TASK 3.0: POST CONSTRUCTION
SUB‐TOTAL
TASK 4.0: Sub-Consultant Cost TOTAL COST
TASK 2.0: CONSTRUCTION
Staffing Plan and Cost Proposal for Construction Management Services for the Natividad Creek Park Restroom Rehabilitation Project
TOTAL
HOURS
HOURLY
RATE
2023
HOURLY
RATE
2024
2023
TASK 1.0: DESIGN ( Project set up/ submittal review)
ATTACHMENT #1
Request for Amendment
5-28-2024
Gelareh Jokar, LEED AP
Assistant Project Manager
550 Pilgrim Drive, Foster City, CA 94404
www.csgengr.com
[email protected]
650.522.2500 main
657.229.2883 Cell
Subject: Request for Amendment for Labor Compliance for Project Management and Design Consultant Services of Multiple Public Facilities and Improvement Projects- Natividad Creek Park Restroom Rehabilitation Project for City of Salinas.

Dear Ms. Jokar,
360PSM is pleased to work with you on this important project, providing Labor Compliance Services. The requested time for this Amendment to complete the project is approximately additional 24 hours. This estimate is based on an average construction project, however, there are factors beyond our control such as the performance of the contractor to complete the work on time and the number of underpayment violations.

Labor Compliance Services Will Include:

1. 360PSM will maintain labor compliance files tracking the prime contractor and subcontractors.

2. Attend meetings to discuss prevailing wage requirements with contractor and subcontractors if need it.

3. Verify that certified payroll records are submitted by prime contractors and their subcontractors

4. Reconcile Weekly Certified Payroll Reports (CPR) & supporting documentation with wage decision and employee field interviews. Perform continuous and timely monitoring reviews of CPRs and related submissions for compliance.

5. Review and verify Fringe Benefit Statements are consistent with the contract provisions and State of California requirements.

6. Monitor the submittal of Training Fund Contribution Reports.

7. 12.Monitor workforce utilization reports to verify trade and apprenticeship participation.

ATTACHMENT #2
Request for Amendment

8. Identify violations and investigate complaints of underpayment to workers.

9. Notify regarding delinquent, uncertified, inaccurate, and improperly completed payroll records and recommend appropriate corrective action for lack of strict compliance.

Wage Underpayment and Restitution Activities

1. Identify wage underpayment through audits of payroll documents, during onsite employee interviews or by complaints filed by workers on the project.

2. Calculate and recommend the amount of wages that will be withheld from the contractor's payments/retention.

3. Prepare documentation that lists the week endings worked, the name of the worker, trade classification, number of hours worked, rate paid, correct prevailing wage rate and the amount due each worker. Prepare and submit documentation to CSG Consultants, Inc.

We look forward to working with you and the other team members on this important project for the for The CSG Consultants, Inc. The main point of contact for this project is Catalina Ferreto and she can be reached by phone at 831-500-1263 by mail at 18110 Stonehaven Dr, Salinas CA, 93908 or via email at [email protected]
Catalina Ferreto
360PSM
President
831-500-1263
[email protected]
Construction Inspection
May 28, 2024
Catalina Ferreto
President
360PSM
18110 Stonehaven Dr,
Salinas CA, 93908
Subject: G7 Additional Inspection Estimated Hours from April 1 to Completion.

Construction Inspection of Natividad Creek Park Restroom Rehabilitation Project CIP No. 9346
Dear Ms. Ferreto:

G7ei Inc., provides this response to the request for the number of hours of inspection time from April 1 through May 30 are estimated at 39 hours. Per the City’s request, G7 will conduct an inspection for striping, which is estimated to be 4 hours. The total number of hours from April 1st through the completion of the project are estimated at 43 hours at an hourly rate of $155.

Thank you for the opportunity to submit this update. Please feel free to contact me with any questions at 831-400-8964 or [email protected]
Sincerely,
G7ei Inc.

Paul H. Greenway
President
G7ei Inc.
525 Strawberry Road
Royal Oaks, CA 95076
ATTACHMENT #3
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-312, Version: 1
Direct Purchase of Body Armor for Firefighters
Approve a Resolution authorizing the Purchasing Agent to complete the direct purchase of body armor and ballistic helmets from AARDVARK in the amount of $134,627.50, to include a 10% contingency for a total not to exceed amount of $148,090.25.

City of Salinas Page 1 of 1 Printed on 6/14/2024
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: FIRE DEPARTMENT
FROM: SAMUEL KLEMEK, FIRE CHIEF
TITLE: DIRECT PURCHASE OF BODY ARMOR FOR FIREFIGHTERS
RECOMMENDED MOTION:

A motion to approve a resolution:

1. Authorizing the direct purchase pursuant to Salinas Municipal Code section 12-27 of body armor and ballistic helmets for Salinas Fire Department personnel for a total of $134,627.50, to include a 10% contingency for a total purchase price not to exceed $148,090.25; and

2. Authorizing the Purchasing Officer to complete the purchase authorized by the Resolution.

EXECUTIVE SUMMARY:

The Fire Department needs replacement body armor and ballistic helmets to ensure firefighter safety during violent incident responses. Since the current equipment, purchased in 2019, has a five-year lifespan and is nearing expiration, staff conducted a thorough evaluation and selected the Project 7/SPR2 vests and integrated helmet system. After obtaining several quotes, Fire Department staff selected AARDVARK to provide this equipment for $134,627.50.

BACKGROUND:

The Fire Department's body armor and ballistic helmets, last purchased in 2019, have a five-year lifespan and are now considered unsafe for use. The acquisition of this equipment will provide necessary protection to firefighters when they are called upon to rescue and provide emergency care to injured victims of shootings, stabbings, or in periods of civil unrest.

Our firefighters have attended large scale active shooter exercises involving dozens of responders and role players at Northridge Mall and California State University at Monterey Bay. The AfterAction Reports of each recommended that firefighters come equipped with ballistic vests and helmets to such incidents. This recommendation is reflected in national, state, and local standards such as National Fire Protection (NFPA) Standard 3000, FIRESCOPE Incident Command System (ICS) 701, and the Monterey County Operational Area Active Shooter Guideline. The use of ballistic protection by firefighters has become industry standard.

Page | 2
CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This purchase supports the City Council’s Strategic Goal of Public Safety.

DEPARTMENTAL COORDINATION:

The Fire Department will coordinate with the Finance Department to ensure purchase is successful.

FISCAL AND SUSTAINABILITY IMPACT:

Funding is available and appropriated in 1000.45.4510, 1200.45.4510, and 5800.45.9527.

ATTACHMENTS:

Resolution
Quotes
Page | 1
RESOLUTION NO. (N.C.S.)

RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF BODY ARMOR AND

BALLISTIC HELMETS FOR THE FIRE DEPARTMENT
WHEREAS, the fire department last purchased body armor and ballistic helmets in 2019, and this equipment has a five-year lifespan and is now considered unsafe for use; and WHEREAS, the acquisition of new body armor and ballistic helmets is necessary to ensure the safety of firefighters during violent incident responses, including rescues and emergency care in situations involving shootings, stabbings, or civil unrest; and WHEREAS, large-scale active shooter exercises at Northridge Mall and California State University at Monterey Bay have recommended that firefighters be equipped with ballistic vests and helmets, aligning with national, state, and local standards such as NFPA Standard 3000, FIRESCOPE ICS 701, and the Monterey County Operational Area Active Shooter Guideline; and WHEREAS, the fire department staff conducted a thorough evaluation and selected the Project 7/SPR2 vests and integrated helmet system, obtaining several quotes and selecting AARDVARK to provide this equipment for $134,627.50; and
WHEREAS, this purchase supports the City Council’s Strategic Goal of Public Safety; and WHEREAS, ballistic vests and helmets can be purchased utilizing available resources from the 1000, 1200, and 5800 funds;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALINAS AS FOLLOWS:

1. Pursuant to Salinas Municipal Code section 12-27, the Salinas City Council authorizes the direct purchase of body armor and ballistic helmets for Salinas Fire Department personnel for a total of $134,627.50, including a 10% contingency for a total not to exceed amount of $148,090.25; and

2. The Purchasing Officer is hereby authorized to complete the purchase authorized by this Resolution.

PASSED AND APPROVED this 18 day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
1935 Puddingstone Dr Item No. Description Unit Qty GSA Unit Price Total Price P7Q-SPR2-ST3A Project 7/SPR2/Complete Platform/Standard 3A Ballistics (Specify Color, Size) 339113PA
EACH 20 1,000.00 20,000.00
P7Q-IDPSET-SM Project 7 ID Patch Set(Front 2x6, Back 3x8) 339113PA EACH 20 20.00 400.00 P7-RP-3++-SA-LW-LG Project 7/Rifle Plate/Level 3++ Ceramic Stand Alone/Lightweight/SAPI Large
EACH 40 580.00 23,200.00
P7Q-IHS-HC-ST-FD P7 Integrated Helmet System/Standard Weight/High Cut/FD (Specify Size, Color) 339113PA
EACH 20 895.00 17,900.00

NON TAXABLE

FREIGHT
Non Taxable Freight EACH 1 125.00 125.00
Work Description: *
Delivery 150 Days ARO
*
Please contact Brittany Baeza at 909-451-6102 or [email protected] if you would like to place this order. Thank You!

0.00 67,313.75
5,688.75
61,625.00
Total:

Total Sales Tax:

Invoice Discount:

Subtotal:

No return will be accepted unless a Return Authorization is issued prior to the goods being returned. If the error which necessitates the return is a result of an AARDVARK error, no restocking fee will be charged. Merchandise may be returned within 30 days of purchase and buyer will be subject to a 20% restocking fee. All returns must be Freight Prepaid and in new sellable condition. Credit for the value of the returned merchandise (less restocking fees and shipping charges) will be made. Defective merchandise is not subject to any restocking fee. Customized orders are non-returnable.

Page:

Sales Quote Date:

Sales Quote Number:

Sales Quote
To:

Ship
SalesPerson:

Customer ID:

Terms:

Ship Via:

To:

Sell
SQ28422
Brent Doan
SALINASFIRE01
Salinas, CA 93906
10 West Laurel Drive
Kevin Maloney
Salinas Fire Department
Net 30 Days
Best Way
Salinas, CA 93906
10 West Laurel Drive
Kevin Maloney
Salinas Fire Department
FED TAX ID: 95-4451904
TEL: 800-997-3773 FAX: 909-392-3823
La Verne, CA 91750
1935 Puddingstone Dr
5/8/2024
1 Entered By:

Contact:

ATI\BBAEZA
Kevin Maloney
Quote Valid To: 7/7/2024
DUNS #: 861004349
SAM UEI: DGSKHRKYPDK9
1935 Puddingstone Dr Item No. Description Unit Qty GSA Unit Price Total Price P7Q-SPR2-ST3A Project 7/SPR2/Complete Platform/Standard 3A Ballistics (Specify Color, Size) 339113PA
EACH 20 1,000.00 20,000.00
P7Q-IDPSET-SM Project 7 ID Patch Set(Front 2x6, Back 3x8) 339113PA EACH 20 20.00 400.00 P7-RP-3++-SA-LW-LG Project 7/Rifle Plate/Level 3++ Ceramic Stand Alone/Lightweight/SAPI Large
EACH 40 580.00 23,200.00
P7Q-IHS-HC-ST-FD P7 Integrated Helmet System/Standard Weight/High Cut/FD (Specify Size, Color) 339113PA
EACH 20 895.00 17,900.00

NON TAXABLE

FREIGHT
Non Taxable Freight EACH 1 125.00 125.00
Work Description: *
Delivery 150 Days ARO
*
Please contact Brittany Baeza at 909-451-6102 or [email protected] if you would like to place this order. Thank You!

0.00 67,313.75
5,688.75
61,625.00
Total:

Total Sales Tax:

Invoice Discount:

Subtotal:

No return will be accepted unless a Return Authorization is issued prior to the goods being returned. If the error which necessitates the return is a result of an AARDVARK error, no restocking fee will be charged. Merchandise may be returned within 30 days of purchase and buyer will be subject to a 20% restocking fee. All returns must be Freight Prepaid and in new sellable condition. Credit for the value of the returned merchandise (less restocking fees and shipping charges) will be made. Defective merchandise is not subject to any restocking fee. Customized orders are non-returnable.

Page:

Sales Quote Date:

Sales Quote Number:

Sales Quote
To:

Ship
SalesPerson:

Customer ID:

Terms:

Ship Via:

To:

Sell
SQ28423
Brent Doan
SALINASFIRE01
Salinas, CA 93906
10 West Laurel Drive
Kevin Maloney
Salinas Fire Department
Net 30 Days
Best Way
Salinas, CA 93906
10 West Laurel Drive
Kevin Maloney
Salinas Fire Department
FED TAX ID: 95-4451904
TEL: 800-997-3773 FAX: 909-392-3823
La Verne, CA 91750
1935 Puddingstone Dr
5/8/2024
1 Entered By:

Contact:

ATI\BBAEZA
Kevin Maloney
Quote Valid To: 7/7/2024
DUNS #: 861004349
SAM UEI: DGSKHRKYPDK9
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-315, Version: 1
R&B Helicopters, Inc. Lease Amendment No. 1 - 240 Mortensen Avenue Approve a Resolution authorizing the Mayor to enter into an Amendment to the Lease Agreement with R & B Helicopters, Inc. to grant an extension through June 30, 2025, with options for additional extensions on a month -to-month basis.

City of Salinas Page 1 of 1 Printed on 6/14/2024
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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: PUBLIC WORKS, AIRPORT DIVISION
FROM: DAVID JACOBS, PE, LS, DIRECTOR
BY: MATTHEW NELSON, AIRPORT MANAGER
TITLE: R&B HELICOPTERS, INC. LEASE AGREEMENT; AMENDMENT NO. 1
RECOMMENDED MOTION:

It is recommended that City Council approve and authorize the Mayor to enter into an Amendment to the Lease Agreement with R & B Helicopters, Inc. to grant an extension through June 30, 2025, with options for additional extensions on a month-to-month basis.

EXECUTIVE SUMMARY:

R & B Helicopters, Inc. (“R & B”), first entered into a lease agreement with the City in 1990 for use of space at the Salinas Municipal Airport, which lease is scheduled to end on June 30, 2024.

R & B has indicated a desire to extend the lease for an additional one-year period commencing on July 1, 2024 (“Commencement Date”) and ending June 30, 2025 (“Expiration Date”). Thereafter, the City would grant to R & B an opportunity to further extend the term of the Lease after the Expiration Date on a month-to-month basis (“Extended Term”) at a rental rate determined by the City.

BACKGROUND:

R & B and the City first entered into a Salinas Municipal Airport Lease which commenced on July 1, 2009, (“Commencement Date”) and ending on June 30, 2019, with an option to extend this Lease for a period of five (5) years. R & B Helicopters, Inc. exercised the option with an end date of June 30, 2024. R & B Helicopters, Inc and The City wish to extend the Term of the Lease for an additional one-year-period commencing on July 1, 2024, and ending June 30, 2025, and thereafter extend the term of the Expiration Date on a month-month basis. All other terms and conditions of the lease would remain in effect as originally written in the lease.

Page | 2
CEQA/NEPA CONSIDERATION:

The City of Salinas has determined that the proposed action is not a project and, therefore, exempt as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This action supports the City Council’s Goals of Effective and Culturally Responsive Government.

DEPARTMENTAL COORDINATION:

The process of administering these projects involve the following departments: Public Works, Finance, and Legal. Public Works Department oversees the development of the project’s plans, specifications, and estimates. The Finance Department administers the proper appropriation of funds. The Legal Department reviews pertinent documents/contracts to ensure the City is in compliance with applicable laws and regulations.

FISCAL AND SUSTAINABILITY IMPACT:

There is no impact to the City’s General Fund.

ATTACHMENTS:

R & B Helicopters, Inc. Original Lease
R & B Helicopters, Inc. Lease Extension
R & B Helicopters, Inc. Resolution
- 1 -
RESOLUTION NO. __________________ (N.C.S.)

A RESOLUTION APPROVING AND AUTHORIZATING THE EXECUTION OF LEASE AMMENDMENT NO. 1 FOR R&B HELICOPTERS, INC.

WHEREAS, the Lessor and Lessor first entered into a Salinas Municipal Airport Lease which commenced on July 1, 1990 (the “Lease”) which Lease was approved by the Salinas City Council on June 30, 2009 (Resolution No. 19794 (N.C.S.); and
WHEREAS, pursuant to Section 2 of the Lease, Lessee exercised its option to extend the term of the Lease for a five-year period. As a result, the Lease will expire on June 30, 2024; and WHEREAS, Lessor and Lessee agree to amend the lease as set forth as follows:

1. The term of the Lease is hereby extended for an additional one-year period commencing on July 1, 2024 (“Commencement Date”) and ending on June 30, 2025 (“Expiration Date”). Lessor hereby grants to Lessee an opportunity to further extend the term of the Lease after the Expiration Date on a month-to-month basis (“Extended Term”) at a rental rate to be determined by Lessor. Lessor additionally reserves the right to review and change and modify the terms and conditions of the Lease before any extension of the Expiration Date of this Amendment becomes effective. Said option shall be exercised by the Lessee by delivering to Lessee written notice of its intent to exercise such option which shall be delivered not less than ninety (90) days before the Expiration Date of this Amendment.

2. Notwithstanding Lessor’s right to terminate this Amendment as provided in the Lease, during the Extended Term Lessor may terminate the amended Lease by providing written notice to the Lessee at least sixty (60) days prior to the termination date.

3. All other terms and conditions of the Lease not amended in this Amendment shall remain in full force and effect and are incorporated herein by this reference.

NOW, THEREFORE, BE IT RESOLVED that City Council approves Amendment No. 1 to the Lease Agreement between the City and R&B Helicopters, Inc., and authorizes the Mayor to enter into Amendment No. 1 on behalf of the City.

PASSED AND APPROVED this 18th day of June 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Kimbley Craig, Mayor
- 2 -
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk

SALINAS MUNICIPAL AIRPORT
LEASE
(R & B HELICOPTERS, INC.)
AMENDMENT NO. 1
This Amendment (“Amendment”) to the Salinas Municipal Airport Lease is entered into this ___ day of July 1, 2024, by and between the City of Salinas, a California charter city and municipal corporation hereinafter referred to as the “Lessor,” and R & B Helicopters, Inc., a California corporation hereinafter referred to as “Lessee.”

RECITALS
WHEREAS, the Lessor and Lessor first entered into a Salinas Municipal Airport Lease which commenced on July 1, 1990 (the “Lease”) which Lease was approved by the Salinas City Council on June 30, 2009 (Resolution No. 19694 (N.C.S.); and
WHEREAS, pursuant to Section 2 of the Lease, Lessee exercised its option to extend the term of the Lease for a five-year period. As a result, the Lease will expire on June 30, 2024; and WHEREAS, Lessor and Lessee desire to further extend the term of the Lease as set forth in this Amendment.

IN WITNESS, WHEREOF, the Lessor and Lessee agree to amend the Lease as follows:

1. The term of the Lease is hereby extended for an additional one-year period commencing on July 1, 2024 (“Commencement Date”) and ending on June 30, 2025 (“Expiration Date”).

Lessor hereby grants to Lessee an opportunity to further extend the term of the Lease after the Expiration Date on a month-to-month basis (“Extended Term”) at a rental rate to be determined by Lessor. Lessor additionally reserves the right to review and change and modify the terms and conditions of the Lease before any extension of the Expiration Date of this Amendment becomes effective. Said option shall be exercised by the Lessee by delivering to Lessee written notice of its intent to exercise such option which shall be delivered not less than ninety (90) days before the Expiration Date of this Amendment.

2. Notwithstanding Lessor’s right to terminate this Amendment as provided in the Lease, during the Extended Term Lessor may terminate the amended Lease by providing written notice to the Lessee at least sixty (60) days prior to the termination date.

3. All other terms and conditions of the Lease not amended in this Amendment shall remain in full force and effect and are incorporated herein by this reference.

CITY OF SALINAS
_________________________________ _______________________________ Kimbley Craig, Mayor Date
APPROVED AS TO FORM:
_________________________________ _______________________________ Christopher A. Callihan, City Attorney Date
ATTEST:
_________________________________ _______________________________ Patricia M. Barajas, City Clerk Date
R & B HELICOPTERS, INC.
_________________________________ _______________________________ Date
By:
_________________________________
(Printed Name)
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-321, Version: 1
Purchase of SMART Irrigation Controllers
Approve a Resolution authorizing the Purchasing Agent to complete the purchase of 48 SMART irrigation controllers from Martin's Irrigation Supply, Inc. for the amount of $184,177.98, plus a 10% contingency, for a total amount not to exceed $202,596.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES
FROM: KRISTAN LUNDQUIST, DIRECTOR
BY: ANA AMBRIZ, REC-PARK SUPERINTENDENT
TITLE: PURCHASE OF SMART IRRIGATION CONTROLLERS
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the Purchasing Agent to complete the purchase of 48 SMART irrigation controllers from Martin's Irrigation Supply, Inc. for the amount of $184,177.98, plus a 10% contingency, for a total amount not to exceed $202,596.

EXECUTIVE SUMMARY:

Staff conducted a system-wide assessment of park irrigation systems in late 2022. One of the assessment recommendations was to transition from manual to SMART controllers. Staff is seeking authorization to purchase 48 controllers from Martin’s Irrigation Supply, Inc., a local vendor and allow for a 10% contingency for potential price increases in an amount not to exceed $202,594. The purchase and transition to SMART irrigation controllers will better assist parks staff with water flow management in the irrigation of its parks and facilities.

BACKGROUND:

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA), which provided the City of Salinas with $51,567,313 in relief funds. In September 2021, the City Council allocated ARPA funds for several government service projects, including $5 million dollars for irrigation improvements systemwide.

In August of 2022, the City released a Request for Proposals for a comprehensive assessment of the existing irrigation systems, equipment and components at City Parks. The assessments requested a set of written, actionable, and prioritized recommendations to meet project goals of improving water use efficiencies; reducing maintenance needs; effectively and efficiently managing the current irrigation systems and steps to standardize irrigation systems across the park system.

The City received one bid and awarded a contract to K&D Landscaping in November of 2022.

K&D Landscaping completed the assessment in May of 2023. The assessment noted that the Page | 2
existing controllers were “not online, not able to be controlled remotely or access local weather data and should be replaced.”
The Park Operations Manager evaluated several commercial irrigation controllers from irrigation industry leaders and after careful evaluation of Division’s needs, familiarity, and goal of improving water use efficiencies, selected Rain Bird controllers from Martin’s Irrigation Supply, Inc. Rain Bird sells their products through certified distributors. Staff requested bids from the three nearest distributors: Ewing Irrigation in Monterey, Martin’s Irrigation Supply Inc. in Seaside, and SiteOne Landscape Supply in Gilroy.

Vendor Bid
Ewing Irrigation $255,549.48
Martin’s Irrigation Supply Inc. $184,177.98
SiteOne Landscape Supply $183,551.26
Although Martin’s Irrigation Supply Inc’s, bid is $626.72 more than the lowest bid, the City Council can approve this purchase pursuant to Salinas Municipal Code 12-27 (exception to lowbid based competition). Martin’s Irrigation Supply’s responsiveness, and proximity yield best value to the City. The approval of this purchase will better assist parks staff in water flow management in the irrigation of its parks and facilities. The new controllers will enable remote irrigation management through additional features beyond the current controllers. They are more efficient and will save staff time with a better user interface and ease of programming for multiple sites in addition to potential savings of water costs. As noted in the attached quote, in addition to the controller, the bid includes five years of data plans for each controller as well as other components.

Consistent with Purchasing Policies and ordinance (2576) the purchase of equipment in the amount of more than $30,000 with one vendor requires City Council authorization.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

Transitioning to SMART irrigation controllers meet the City Council Goals of:
 Infrastructure and Environmental Sustainability
 Public Safety
 Youth & Seniors
FISCAL AND SUSTAINABILITY IMPACT:

Funds are appropriated and available in account 3911.55.8191.

Page | 3
ATTACHMENTS:

Resolution
Quote
Page | 1
RESOLUTION NO. (N.C.S.)

PURCHASE OF SMART IRRIGATION CONTROLLERS
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA), which provided the City of Salinas with $51,567,313 in relief funds; and WHEREAS, on September 2021, the City Council allocated ARPA funds for several government service projects, including $5 million dollars for irrigation improvements systemwide; and
WHEREAS, on August 2022, the City released a Request for Proposals for a comprehensive assessment of the existing irrigation systems, equipment and components at City Parks; and
WHEREAS, on May 2023, K&D Landscaping completed the assessment and recommended shifting from manual to SMART controllers; and WHEREAS, the Park Operations Manager evaluated several commercial irrigation controllers from irrigation industry leaders and after careful evaluation of Division’s needs, familiarity and goal of improving water use efficiencies, selected Rain Bird controllers from Martin’s Irrigation Supply, Inc.; and
WHEREAS, funds are appropriated and available in 3911.55.8191; and WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 (exception to low-bid based competition) in contracting for equipment, materials, supplies and services; and
WHEREAS, consistent with Purchasing Policies and ordinance (2576) the purchase of equipment in the amount of more than $30,000 with one vendor requires City Council authorization; and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Purchasing Agent to complete the purchase of 48 SMART irrigation controllers and 5-year data plan from Martin's Irrigation Supply, Inc. in the amount of $184,177.98, plus a 10% contingency, for a total amount not to exceed $202,596.

PASSED AND APPROVED this 18th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

Page | 2
ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk

QUOTATION
Quantity Item Description Unit Price Amount

48.00 MISC RAINBIRD ESPLXME2 12STN CNTRL 456.73 21,923.04

44.00 CONESP12MM ESPLXMSM12 MODULE 165.55 7,284.20

48.00 CONIQ3G IQ4G-USA COM BOARD 1,774.66 85,183.68

8.00 CONLXMPED RAINBIRD PEDESTAL 735.54 5,884.32

8.00 CONLXMM RAINBIRD CONTROLLER CABINET 529.75 4,238.00

48.00 MISC IQ4G-EXT-ANTENNA 93.14 4,470.72

1.00 MISC 5 YEAR SERVICE PLAN FOR ALL IQ4 39,600.00 39,600.00 Quote Number: 6586
Quote Date: May 7, 2024
Sales Rep
Quoted To:

CITY OF SALINAS
320 LINCOLN AVE
ATTN: TRISHA MERAZ
SALINAS, CA 93901
Good Thru
6/6/24
Customer ID Payment Terms
Page:

SALINA 2% 10 Days, Net 30th Next Month CANJ
1 TOTAL 184,177.98
Sales Tax 15,594.02
Subtotal 168,583.96
Martin's Irrigation Supply, Inc.
420 Olympia Avenue
Seaside, CA 93955
Voice:

Fax:
831-394-4106
831-394-2011
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-335, Version: 1
Closter Park Playground Equipment Purchase
Approve a Resolution authorizing the Purchasing Agent to complete the purchase of playground equipment for Closter Park from Landscape Structures, Inc. in an amount not to exceed $198,594; and approve the reallocation of $1,000,000 in ARPA Park Irrigation Upgrades for Closter Park Improvements.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: LIBRARY COMMUNITY SERVICES DEPARTMENT
FROM: KRISTAN LUNDQUIST, LIBRARY AND COMMUNITY

SERVICES DIRECTOR
BY: ANA AMBRIZ, RECREATION-PARK SUPERINTENDENT
TITLE: CLOSTER PARK PLAYGROUND EQUIPMENT PURCHASE
RECOMMENDED MOTION:

A motion to approve a Resolution:

1. Authorizing the Purchasing Agent to complete the purchase of playground equipment for Closter Park from Landscape Structures, Inc. in an amount not to exceed $198,594; and

2. Approve the reallocation of $1,000,000 in ARPA Park Irrigation Upgrades (3911.55.8191) for Closter Park Improvements.

EXECUTIVE SUMMARY:

On December 8, 2021, the California Department of Parks and Recreation Office of Grants and Local Services (OGALS) selected the City of Salinas Closter Park Improvement Project application for funding. The grant award is for $6.8 Million Dollars and will fund a comprehensive renovation of Closter Park. In December 2023, the Council approved a Schematic Design developed by BFS Landscape Architects (BFS) using the information gathered from park users through extensive community engagement efforts in 2021 and again in 2023. Throughout the community engagement process, community identified a preferred playground theme of sea exploration.

BACKGROUND:

On July of 2019, the Salinas City Council adopted the Parks, Recreation and Libraries Master Plan (PRLMP). The Master Planning effort in 2019 included a full assessment of parks, recreation, and library facilities. The PRLMP represents a community engagement effort that connected thousands of residents and community leaders over eighteen (18) months. The plan assessed the state of current parks, recreation, and library facilities and engaged residents to prioritize the need for maintenance. Following this assessment and the community engagement process which included over two thousand community engagement touch points Closter Park was ranked as the highest Page | 2
priority based on community need, significance, funding leverage, safety/security, usage/benefits, and location/demographics. Closter Park is heavily used by the community and hosts hundreds of people daily on the basketball courts, large playground, multiple ball fields, in the community center and jogging or walking around the park.

Following the recommendations of the Master Plan, staff worked diligently to secure funding sources to renovate Closter Park. This included applying for the competitive Prop 68 Statewide Park Development and Community Revitalization Program. This grant opportunity made possible by the passage of Proposition 68 which allowed the City to apply for up to $8.5 million dollars for eligible projects. Closter Park was an identified as a project for this grant opportunity. The intent of the Proposition 68 funded Statewide Park Development and Community Revitalization Program is to create new parks and recreation opportunities in critically underserved communities across California. The Closter Park Improvement Project location met all grant requirements and could instantly turn the little league field and its amenities into one of the best in the region.

On December 8, 2021, the California Department of Parks and Recreation Office of Grants and Local Services (OGALS) selected the City of Salinas Closter Park Improvement Project application for funding. The grant award was for $6.8 million and will fund a comprehensive renovation of Closter Park. OGALS received 468 total applications and Salinas was one of 112 successful applicants. A key to our successful application was our extensive community engagement for the grant and having a strong Parks, Recreation and Libraries Master Plan. The Salinas City Council officially accepted the grant funding on February 15, 2022.

On December 13, 2022, the City Council authorized the City Manager to enter into a Professional Services Agreement (PSA) between the City of Salinas and BFS Landscape Architects (BFS) for program and construction management for the Closter Park Improvement Project. The PSA includes a scope of:

1. Project management

3. Community engagement

4. Design development

6. Construction oversight
Additional community engagement was conducted by City staff and our design partners at BFS from May to June of 2023 to obtain more specific preferences on the playground, skatepark and other amenities to be included in the final design. Four pop-ups, held at Closter Park, and an online survey was hosted over two months. Through this process community identifies a Preferred Playground Theme of Sea Exploration. BFS immediate started communicating with playground manufacturers to submit concepts based on communities preferred theme.

BFS received 2 concepts. City staff in conjunction with BFS reviewed submissions for consistency with community’s preferred theme and cost. The submission from Landscape Structures included Page | 3
elements that truly reflected a Sea Explorer theme and selected purchase. Across the system, we have Landscape Structures (Ross Recreation) playgrounds in twelve (12) other parks making them one of the major manufacturers in our system. Sourcewell (formerly National Joint Powers Alliance), a cooperative purchasing organization, has a contract with Landscape Structures and can provide the playground equipment. City Council can approve this purchase under, cooperative purchase with other government agencies and Municipal Code Section 12-25. The purchase of this playground equipment will be done through a State Sourcewell contract totaling $198,593.10.

Steep increases in construction and amenities costs over the last three years have significantly increased and made our initial project cost estimates too low. The project currently has an estimated total cost of $9,118,068.47 that includes $1,436,838.76 of design and project management fees for BFS. The estimated construction cost for the project is of $7,408,214.71.

After covering design and construction management fees the project has a construction gap $1,684,974.71. The reallocation of ARPA funds in the amount of $1 million from Park Irrigation Upgrades will allow the City to get closer to bridging the construction cost gap. Staff anticipates taking the project out to bid this summer and results will help further define the remaining construction gap.

CEQA CONSIDERATION:

Not a Project.  The City of Salinas has determined that the purchase of playground equipment and fund reallocation is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This item relates to the City Council’s Strategic Plan of Infrastructure and Environmental Sustainability, Public Safety as well as Youth and Seniors.

DEPARTMENTAL COORDINATION:

The Library & Community Services Department will coordinate with Finance on the purchase of the playground equipment and the shifting of funds from Park Irrigation Upgrades (3911.55.8191) for Closter Park Improvements.

FISCAL AND SUSTAINABILITY IMPACT:

With Council approval of the resolution, sufficient funds are available and appropriated in 5800.55.9350.

ATTACHMENTS:

Resolution
Sourcewell Quote
Page | 1
RESOLUTION NO. (N.C.S.)

A RESOLUTION OF THE SALINAS CITY COUNCIL AUTHORIZING THE

PURCHASE OF PLAYGROUND EQUIPMENT FOR CLOSTER PARK
WHEREAS, Closter Park received $6.8 Million from the California Department of Parks and Recreation Office of Grants and Local Services (OGALS); and WHEREAS, on December 13, 2022, the City Council authorized the City Manager to enter into a Professional Services Agreement (PSA) between the City of Salinas and BFS Landscape Architects (BFS) for program and construction management for the Closter Park Improvement Project; and
WHEREAS, during the community outreach process community input favored the Landscape Structures playground design and equipment; and WHEREAS, Landscape Structures submitted a Sourcewell proposal for the favored design and equipment totaling $198,593.10; and
WHEREAS, in order to bridge the construction cost gap $1,000,000 from Park Irrigation Upgrades in 3911.55.8191 will be reallocated for Closter Park Improvements; and NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Purchasing Agent to complete the purchase of playground equipment for Closter Park totaling $198,593.10 from Landscape Structures, Inc.; and
BE IT FURTHER RESOLVED that $1,000,000 from Park Irrigation Upgrades in 3911.55.8191 will be reallocated for Closter Park Improvements.

PASSED AND APPROVED this 18
th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Kimbley Craig, Mayor
Page | 2
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Casey Hilbert [email protected]
Landscape Structures Representative
00042841 $198,593.10
Total $198,593.10
Freight Amount $23,595.00
Labor Amount $7,855.00
Tax Amount $14,151.70
Materials Amount $152,991.40
Est Lead Time 24-28 weeks
Quote Exp Date 8/2/2024
Quote Date 5/2/2024
Quote Name Closter Park LSI Playground
Opportunity Name Closter Park Playground
Quote Number 00042841
401 Towt St.

Salinas, California 93905
United States
Ship To
Ship To Name Closter Park
Phone (831) 758-7328
200 Lincoln Avenue
Salinas, California 93901
United States
Bill To
Bill To Name Salinas, City of
Contact Name Ana Ambriz

ALL PURCHASE ORDERS, CONTRACTS, AND
CHECKS TO BE MADE OUT TO:

LANDSCAPE STRUCTURES, INC.
601 7TH STREET SOUTH
DELANO, MN 55328 U.S.A.
763-972-3391 800-328-0035
Fax: 763-972-3185
010521-LSI
Prepared For:

Quantity Product Product Description Sales Price Total Price

1.00 PlayBooster
2-5 &
PlayBooster
5-12
Landscape Structures PlayBooster Design #1177407-01-03 for Ages 2-5 & Ages 5-12; Colors TBD
* Includes items PS-01 through PS-10, Sheet L3.5
$166,295.00 $166,295.00

1.00 Engineering
Fees
Structural Engineering Calculations. May take 3-4 weeks to complete engineering. Soils report is helpful if available, but not required. Customer must approve before fabrication can begin. Revisions to engineering calculations may require a change order. Lead time for equipment/materials will not begin until receipt of approved engineering to ensure proper manufacturing per engineering specifications.

Please provide the following:

1. FedEx Address to send engineering:

2. Required Building Code:
$7,855.00 $7,855.00

1.00 Sourcewell
Ross
Discount
Sourcewell Ross Recreation 5% Discount, Contract # 010521-LSI -$8,314.75 -$8,314.75

1.00 Sourcewell
LSI
Discount
Sourcewell LSI 3% Discount, Contract # 010521-LSI -$4,988.85 -$4,988.85 Casey Hilbert [email protected]
Landscape Structures Representative
00042841 $198,593.10
Thank you for the opportunity to quote your
upcoming project. PLEASE NOTE: Quote does
not include installation, offload, site work,
payment and performance bonds,
security/fencing, storage, permits, safety
surfacing, inspection or additional materials/labor
unless specifically noted. Freight cost is based
on semi-truck access and does not include a
lift-gate.

If ordering materials after the quoted expiration
date, please request a revised quote for current
pricing.

Sales tax will be based on the current rate at the
time of shipping, not the order date. Customer
will be expected to cover these, or any changes,
to sales taxes.

Signature _________________________________
Name ____________________________________
Title _____________________________________
Date _____________________________________

SIGNATURE BELOW ACCEPTING THIS PROPOSAL WILL

CONSTITUTE A PURCHASE ORDER ONLY UPON APPROVAL BY
LANDSCAPE STRUCTURES, INC. CUSTOMER RECEIPT OF AN

ORDER ACKNOWLEDGEMENT CONSTITUTES SUCH
APPROVAL.

Notes to Customer
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-336, Version: 1
Agreement for Services with AMS.NET, Johnson Electronics, and MJ Communications For Security Cameras and Access Controls
Approve a Resolution authorizing the City Manager to execute an Agreement for Services with AMS.NET Inc., Johnson Electronics Inc., and MJ Communications Inc. for the design, build, installation and maintenance of security cameras and access control systems at City owned facilities in a total amount not to exceed $1,000,000.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: FINANCE DEPARTMENT
FROM: SELINA ANDREWS, ACTING FINANCE DIRECTOR
BY: CARLOS ORTEGA, IT DIVISION MANAGER
TITLE: AGREEMENT FOR SERVICES WITH AMS.NET, JOHNSON

ELECTRONICS, AND MJ COMMUNICATIONS FOR SECURITY

CAMERAS AND ACCESS CONTROLS
RECOMMENDED MOTION:

A motion to approve a Resolution authorizing the City Manager to execute an Agreement for Services with AMS.NET Inc., Johnson Electronics Inc., and MJ Communications Inc. for the design, build, installation and maintenance of security cameras and access control systems at City owned facilities in a total amount not to exceed $1,000,000.

EXECUTIVE SUMMARY:

Approval of the Agreements will allow the City to replace aging cameras throughout City owned facilities and retrofit traditional keyed doors with electronic door strikes and key card access.

Implementing these systems will allow for the creation and enforcement of advanced authentication and access controls to ensure secure and reliable access to City facilities for staff and customers. Upon acceptance of an Agreement, the City will coordinate work based on project scope and availability of contracted resources.

BACKGROUND:

On May 9, 2024, the City of Salinas Information Technology Division released a Request for Proposals (RFP) for Security Cameras & Access Control Systems. The RFP was to establish a City-wide Agreement to design, build, install, and maintain Verkada security cameras and access controls in various locations throughout the City.

Page | 2
The City received six (6) proposals to the RFP. Three (3) qualified proposers were selected on May 17, 2024, through a scoring process based on the following criteria:
35% Technology Supported
20% Services Provided
20% Design, Installation, & Maintenance Fees
15% Qualifications and Experience of Entity and Key Personnel 10% References
An additional 5% was added to the scores for proposals from qualified local businesses.

The term of the Agreement(s) shall be for a period of one (1) year with the option to extend the agreement for three (3) optional one (1) year periods. The term of the agreement shall commence July 1, 2024, and shall be completed by June 30, 2025, unless the City grants a written extension.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

This request supports City Council’s Strategic Goals and Strategies of Effective and Culturally Responsive Government, by ensuring that the information systems can support City programs, projects, network infrastructure and City services.

DEPARTMENTAL COORDINATION:

This staff report has been coordinated with Public Works, Community Development, Human Resources, City Manager’s Office and the City Attorney’s Office.

FISCAL AND SUSTAINABILITY IMPACT:

Funding for camera upgrades and access control systems is available and appropriated in the account code 5800.20.9353 identified for CIP 9353. Additionally, departments have appropriated funds under their respective accounts.

ATTACHMENTS:

1. Resolution
RESOLUTION NO. _______(N.C.S.)

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SERVICES WITH AMS.NET INC., JOHNSON ELECTRONICS INC., AND MJ COMMUNICATIONS INC. FOR SECURITY CAMERAS & ACCESS

CONTROL SYSTEMS DESIGN, BUILD, INSTALLATION, AND MAINTENANCE IN AN AMOUNT UP TO AND NOT TO EXCEED $1,000,000
WEREAS, door access controls and security cameras are fundamental technology components of the City of Salinas; and
WHEREAS, upgrading door access controls and security cameras will ensure secure and reliable access to staff and customers; and
WHEREAS, on May 9, 2024, the City of Salinas released a request for proposal for qualified proposers to design, build, install, and maintain door access controls and security cameras; and WHEREAS, AMS.NET Inc., Johnson Electronics Inc., and MJ Communications Inc., are qualified by experience and ability to design, build, install, and maintain door access controls and security cameras; and
WHEREAS, the City desires to negotiate and execute an agreement for services with AMS.NET Inc., Johnson Electronics Inc., and MJ Communications Inc.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Salinas Municipal Code section 12- 21 the Salinas City Council authorizes the City Manager to negotiate and execute an Agreement with AMS.NET Inc., Johnson Electronics Inc., and MJ Communications Inc. for design, build, installation, and maintenance of door access controls and security cameras in an amount not to exceed $1,000,000.

PASSED AND APPROVED this 18 day of June 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-339, Version: 1
Acceptance of the City Hall Emergency Roof Repairs
Approve a Resolution accepting the City Hall Emergency Roof Repair Project for maintenance and responsibility.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: PUBLIC WORKS DEPARTMENT
FROM: DAVID JACOBS, P.E., L.S., PUBLIC WORKS DIRECTOR
BY: JONATHAN ESTEBAN, ASSISTANT ENGINEER
ADRIANA ROBLES, P.E., C.F.M., CITY ENGINEER
TITLE: ACCEPTANCE OF THE CITY HALL EMERGENCY ROOF

REPAIRS
RECOMMENDED MOTION:

A motion to approve a Resolution accepting the City Hall Emergency Roof Repair Project for maintenance and responsibility.

EXECUTIVE SUMMARY:

On April 4, 2023, City Council approved a resolution awarding WeatherWeld installer FC & Sons Roofing Inc. a construction contract for the sum of $646,271. The contractor completed the original contract work, the scope additions, and punch list items on June 4, 2024.

BACKGROUND:

Storms of 2023 amplified already extensive deferred maintenance of the Salinas City Hall roof.

City staff had reported multiple leaks throughout City Hall, the nature of these leaks led to the damaging of ceiling tiles, walls, flooring, and electronic equipment. The damage to the structure and impact to workplace conditions led staff to contact local contractors and a specialty company to provide estimates for the repair of the entire 1st floor and 2nd floor roof at City Hall. It was determined that a WeatherWeld authorized installer, FC & Sons Roofing Inc., would be the recommended contractor.

On April 4, 2023, City Council approved Resolution No. 22672 which authorized procurement by negotiated contract for the Salinas City Hall Emergency Roof Repair alongside the execution of a construction contract with an authorized WeatherWeld installer for $646,271 by the City Manager.

On June 13, 2023, the Council approved Change Order No. 1 in the amount of $412,031 adding asbestos abatement of the first floor.

On October 10, 2023, the Council approved Change Order No. 4 in the amount of $748,122 adding the replacement of the deteriorated metal roof deck.

Page | 2
There were fifteen (15) total change orders for a total sum of $1,605,916.49. The final contract total amounted to $2,252,187.49. Changes included full abatement of the 1st floor of City Hall, demolition of roof decking, demolition of damages interior walls, demolition of HVAC system, installation of new metal roof deck and supports, and installation of new roofing system, roof curb and expansion joint.

The contractor completed the original contract work, the scope additions, and punch list items on June 4, 2024. The construction methods and materials met the Project Specifications as forth by the contract documents and the repair project has been deemed complete.

CEQA CONSIDERATION:

The City of Salinas has determined that the proposed action is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15301).

STRATEGIC PLAN INITIATIVE:

This project addresses the current City Council’s Infrastructure and Environmental Sustainability and Public Safety.

DEPARTMENTAL COORDINATION:

The Public Works Department is collaborating with Legal, Administration and Finance Departments.

FISCAL AND SUSTAINABILITY IMPACT:

The project was funded with ARPA funds identified in CIP 8170, Adaptations to City Hall. The total construction cost was $2,252,187.49.

ATTACHMENTS:

Resolution
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION ACCEPTING THE CITY HALL EMERGENCY ROOF REPAIRS WHEREAS, damage to the roof structure and disruptions from leaks caused impacts to the workplace for staff and visitors of City Hall; and
WHEREAS, repair of the roof required the entire area to be treated. Staff determined that the WeatherWeld product was to be used for the repairs; and WHEREAS, on April 4, 2023, City Council approved Resolution No. 22672 (N.C.S.) authorizing procurement by negotiated contract for the Salinas City Hall Emergency Roof Repair to FC & Sons, an authorized WeatherWeld installer, for $646,271.00; and WHEREAS, a total of fifteen change orders totaling $1,605,916.49 were issued, with the final contract total of $2,252,187.49. Change orders included full removal of the first floor roof system and deck, full abatement of the first floor interior space, installation of new roof deck and roofing system including curbing and an expansion joint; and WHEREAS, the City Hall Emergency Roof Repair Project work was deemed complete on June 04, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council hereby accepts the City Hall Emergency Roof Repair Project for maintenance and responsibility.

PASSED AND APPROVED this 18th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-340, Version: 1
Subrecipient Funding Agreements for Homeless Services Projects for FY 24-25 Approve a Resolution authorizing the City Manager to negotiate and execute Subrecipient Agreements for homeless services projects for FY 2024-2025 and authorizing the amendment of Subrecipient Funding Agreement No. 22SESG01 with Central Coast Center for Independent Living.

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CITY OF SALINAS

COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, PLANNING MANAGER
BY: KAYSHLA LOPEZ, HOMELESS SERVICES MANAGER
TITLE: SUBRECIPIENT FUNDING AGREEMENTS FOR HOMELESS
SERVICES PROJECTS FOR FY 2024-2025
RECOMMENDED MOTION:

A motion to approve a Resolution:
1) authorizing the City Manager to negotiate and execute a Subrecipient Funding Agreement with Community Homeless Solutions for the operations of the Chinatown Navigation Center, with a total compensation amount not to exceed $1,418,362 from CIP 9125- Chinatown Navigation Center Sprung Shelter funds for FY 2024-25; and 2) authorizing the City Manager to negotiate and execute a Subrecipient Funding Agreement with Community Homeless Solutions for the operations of the Chinatown Navigation Center, with a total compensation amount not to exceed $305,034 from American Rescue Plan Act funds for FY 2024-25; and
3) authorizing the City Manager to negotiate and execute a Subrecipient Funding Agreement with Downtown Streets, Inc. to provide Rapid Rehousing and Street Outreach services with a total compensation amount not to exceed $147,000 from American Rescue Plan Act funds for FY 2024-25; and
4) authorizing the City Manager to negotiate and execute a Subrecipient Funding Agreement with Downtown Streets, Inc., to provide Street Outreach services with a total compensation amount not to exceed $590,000 from General Funds for FY 2024-25; and 5) authorizing the City Manager to execute Amendment No. 1 to the HCD 2022 ESG Subrecipient Funding Agreement (No. 22SESG01) with Central Coast Center for Independent Living, to reduce the maximum compensation by $65,000 to a total not to exceed $68,284, and extend the term to October 31, 2024, upon Leadership Council final approval; and
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6) authorizing the City Manager to negotiate and execute a Rapid Rehousing Subrecipient Funding Agreement for the Downtown Streets Team Rapid Rehousing Program with Downtown Streets, Inc., with a total compensation amount not to exceed $65,000 for FY 2024-25, upon Leadership Council final approval.

EXECUTIVE SUMMARY:

The Community Development Department (CDD) seeks to continue subrecipient funding agreements for homeless services projects focused on emergency shelter, rapid rehousing, and street outreach in Fiscal Year 2024-2025. Authorization to enter into Subrecipient Funding Agreements with Community Homeless Solutions (CHS) and Downtown Streets, Inc. (DSI) for the Fiscal Year 2024-2025 is requested. In addition, authorization is requested to amend the HCD 2022 ESG Subrecipient Funding Agreement (No. 22SESG01) with Central Coast Center for Independent Living (CCCIL). These Subrecipient Funding Agreements are essential to address homelessness within the City of Salinas.

BACKGROUND:

The City of Salinas (City) has historically utilized a multitude of funding sources including general funds, Capital Improvement Projects (CIPs) and grant funding such as American Rescue Plan Act (ARPA) and the California Department of Housing and Community Development (HCD) Emergency Solutions Grant (ESG) to fund homeless services projects. Presently, the City relies on collaborative partnerships to address the complex issue of homelessness through subrecipient funding agreements with nonprofit organizations with various program models from Street Outreach to Emergency Shelter. Subcontracting services enables the City to promptly respond to an increasing number of requests for support with housing and homelessness.

CHS has been operating the Chinatown Navigation Center (CNC) for several years through various subrecipient funding agreements. The operation of the CNC for FY 2024-2025 is estimated to cost approximately $1,723,396. This cost will be covered by $1,418,362 using CIP 9125 – Chinatown Navigation Center Sprung Shelter and $305,034 from ARPA funds. The Subrecipient Funding Agreements for the CNC Operations with Community Homeless Solutions will provide emergency shelter, case management, housing placements and retention services.

Per the City’s request, DSI piloted a Rapid Rehousing program to immediately house individuals who meet the definition of homeless and its program participants in FY 2023-2024. The City intends to continue this program for FY 2024-2025. DSI proposed a budget of $147,000 to continue with this model. The Subrecipient Funding Agreement with DSI will be funded using existing ARPA funds.

DSI maintains its work experience program by offering street outreach to its participants and liter and debris removal to the City of Salinas. These efforts extend to various locations, including downtown area, and Natividad Creek Park. Based on DSI’s performance the City intends to continue with this program for FY 2024-2025. DSI proposed a budget of $590,000 to continue with this program. This Subrecipient Funding Agreement with DSI will be funded using approved Genera Funds for FY 2024-2025 (3181).

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CCCIL received FY 2022 State ESG Funding to provide emergency shelter and rapid rehousing services. Due to delays in the execution of the agreement, CCCIL informed the City that they would be unable to expend the full funds by the expenditure deadline. The Amendment No. 1 to HCD 2022 ESG Subrecipient Funding Agreement (No. 22SESG01) with CCCIL is attached to this staff report. Pending Leadership Council approval, the funds will be decreased and reallocated to DSI through a new Subrecipient Funding Agreement for FY 2024-2025.

Draft subrecipient agreements for FY 2024-25 are attached to this staff report. Under the terms of the agreements, compensation will be provided as described on Exhibit B of each agreement. Any additional agreements for future scope of work will be negotiated and then executed following City procurement procedures.

CEQA CONSIDERATION:

Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

STRATEGIC PLAN INITIATIVE:

The proposed Agreements support the City of Salinas Strategic Plan 2022-2025 Goals and Strategies of Housing/Affordable Housing by allowing the undertaking of a variety of programs instrumental in providing homeless services throughout the city and region, furthering partnerships with public service organizations, and addressing the human service needs of the City’s lowincome, elderly, and special needs communities.

DEPARTMENTAL COORDINATION:

This agenda item is administered by the City’s Community Development Department - Housing and Community Development Division in coordination with the City Attorney and Finance Department. Additional, external coordination with outside agencies and jurisdictions, such as HCD and staff of the local CoC #506 Leadership Council, has also occurred.

FISCAL AND SUSTAINABILITY IMPACT:

The funding sources for the proposed Subrecipient Funding Agreements are from previously approved ARPA funds, HCD ESG, as well as CIP 9125 – Chinatown Navigation Center Sprung Structure and General Fund monies approved by City Council for FY 2024-2025.

ATTACHMENTS:

Resolution
CIP 9125 Subrecipient Funding Agreement with Community Homeless Solutions - Draft ARPA Subrecipient Funding Agreement with Community Homeless Solutions - Draft ARPA Subrecipient Funding Agreement with Downtown Streets Inc.

GF Subrecipient Funding Agreement with Downtown Streets Inc.

HCD ESG Subrecipient Funding Agreement with Downtown Streets Inc.

Amendment No. 1 to Subrecipient Funding Agreement No. 22SESG01 Subrecipient Funding Agreement No. 22SESG01
1 RESOLUTION NO. (N.C.S.)

A RESOLUTION AUTHORIZING THE EXECUTION OF SUBRECIPIENT FUNDING AGREEMENTS FOR HOMELESS SERVICES PROJECTS FOR FY 2024-2025 AND

AUTHORIZING THE AMENDMENT OF SUBRECIPIENT FUNDING AGREEMENT NO. 22SESG01 WITH CENTRAL COAST CENTER FOR INDEPENDENT LIVING WHEREAS, the City of Salinas (City) strives to support homeless service projects in Emergency Shelter, Rapid Rehousing and Street Outreach; and WHEREAS, the City relies on collaborative partnerships to address the complex issue of homelessness through subrecipient funding agreements with nonprofit organizations with various program models; and
WHEREAS, Community Homeless Solutions (CHS), Downtown Streets Inc. (DSI), and Central Coast Center for Independent Living (CCCIL) have extensive knowledge and experience in providing homeless services through various program models necessary to meet the City’s needs; and
WHEREAS, CHS submitted a proposal for the operations of the Chinatown Navigation Center for FY 2024-2025 in an amount of $1,723,396; $1,418,362 will be covered using CIP 9125 – Chinatown Navigation Center Sprung Shelter and $305,034 will be covered from American Rescue Plan Act (ARPA); and
WHEREAS, DSI submitted a proposal to continue its Rapid Rehousing program for FY 2024-2025 in the amount of $147,000 which will be fully funded with ARPA funds; and WHEREAS, DSI submitted a proposal to continue its work experience program for FY 2024-2025 in the amount of $590,000 which will be fully funded using General Funds approved for FY 2024-2025 (3181); and
WHEREAS, CCCIL informed the City that the agency would not be able to spend the full amount of the agreement by the expenditure deadline and has requested an extension of the terms; and
WHEREAS, CCCIL’s HCD 2022 ESG Subrecipient Funding Agreement (No. 22SESG01) will be reduced by $65,000 to $68,284 and extend the term to October 31, 2024, through Amendment No. 1; and
WHEREAS, the California Department of Housing and Community Development (HCD) Emergency Solutions Grant (ESG) funds deallocated from CCCIL’s agreement No. 22SESG01 will be reallocated to DSI through a new Subrecipient Funding Agreement in the amount of $65,000 to expand its Rapid Rehousing program upon Leadership Council approval; and WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).

NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized 2 to negotiate and execute a Subrecipient Funding Agreement with Community Homeless Solutions for the operations of the Chinatown Navigation Center, with a total compensation amount not to exceed $1,418,362 from CIP 9125-Chinatown Navigation Center Sprung Shelter funds for FY 2024-25; and
BE IT FURTHER RESOLVED the City Manager is hereby authorized negotiate and execute a Subrecipient Funding Agreement with Community Homeless Solutions for the operations of the Chinatown Navigation Center, with a total compensation amount not to exceed $305,034 from American Rescue Plan Act funds for FY 2024-25; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute a Subrecipient Funding Agreement with Downtown Streets, Inc. to provide Rapid Rehousing and Street Outreach services with a total compensation amount not to exceed $147,000 from American Rescue Plan Act funds for FY 2024-25; and BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized to negotiate and execute a Subrecipient Funding Agreement with Downtown Streets, Inc., to provide Street Outreach services with a total compensation amount not to exceed $590,000 from General Funds for FY 2024-25; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute Amendment No. 1 to the HCD 2022 ESG Subrecipient Funding Agreement (No. 22SESG01) with Central Coast Center for Independent Living, to reduce the maximum compensation by $65,000 to a total not to exceed $68,284, and extend the term to October 31, 2024, upon Leadership Council final approval; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute a Rapid Rehousing Subrecipient Funding Agreement for the Downtown Streets Team Rapid Rehousing Program with Downtown Streets, Inc., with a total compensation amount not to exceed $65,000 for FY 2024-25, upon Leadership Council final approval.

PASSED AND APPROVED this 18th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Kimbley Craig, Mayor
3 ATTEST:
_________________________
Patricia M. Barajas, City Clerk
FISCAL YEAR 2024-25

CHINATOWN NAVIGATION CENTER

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN

COMMUNITY HOMELESS SOLUTION

AND THE CITY OF SALINAS
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This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

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i
FISCAL YEAR 2024-25

CHINATOWN NAVIGATION CENTER

SUBRECIPIENT FUNDING AGREEMENT BETWEEN

COMMUNITY HOMELESS SOLUTION AND THE CITY OF SALINAS
Agreement Number: 24CIP9125-01
Table of Contents
PART I - AGREEMENT................................................................................................................ 1 Section 1. Definitions (as used in this Agreement)......................................................................1 Section 2. Term............................................................................................................................2 Section 3. Scope of Service .........................................................................................................2 Section 4. Funding .......................................................................................................................3 Section 4A. City Program Requirements.....................................................................................6 Section 4B. Other Program Requirements...................................................................................6 Section 5. Records and Reports...................................................................................................8 Section 6: Indemnity; Insurance ..................................................................................................9 Section 7. Subcontracts..............................................................................................................12 Section 8. Environmental Review (ER).....................................................................................12 Section 9. Lead-Based Paint ......................................................................................................13 Section 10. Amendment.............................................................................................................13 Section 11. Assignment .............................................................................................................14 Section 12. Suspension and Termination...................................................................................14 Section 13. Terms and Conditions.............................................................................................14 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 16 Section 1. Program Income........................................................................................................16 Section 2. Uniform Administrative Requirements.....................................................................16 Section 3. Title VI of the Civil Rights Act of 1964...................................................................16 Section 4. Executive Order No. 11063 ......................................................................................17 Section 5. Nondiscrimination.....................................................................................................17 Section 6. Affirmative Action....................................................................................................19 Section 7. Business and Employment Opportunities for Lower-Income Residents..................20 Section 8. Conflict of Interest ....................................................................................................21 Section 9. Reversion of Assets...................................................................................................22 Section 10. Lobbying Prohibited ...............................................................................................22 Section 11. Faith-based Activities.............................................................................................22 Section 12. Audits and Inspections............................................................................................23 Section 13. City Requirements ..................................................................................................24 Section 14. Prohibition Against Payment of Bonus or Commissions .......................................24 Section 15. Copyrights...............................................................................................................24 Section 16. Patents.....................................................................................................................24 Section 17. Political Activity Prohibited ...................................................................................24 Section 18. Board of Directors...................................................................................................24 Section 19. Notices ....................................................................................................................24 DRAFT
ii
Section 20. Legal Representation ..............................................................................................25 Section 21. Joint Representation................................................................................................25 Section 22. Warranty of Authority.............................................................................................25 Section 23. No Waiver of Rights...............................................................................................25 Section 24. Counterparts............................................................................................................25 Section 25. No Third-Party Rights.............................................................................................26 Section 26. Modification............................................................................................................26 Section 27. Severability .............................................................................................................26 Section 28. Further Assurances..................................................................................................26 Section 29. Entire Agreement....................................................................................................26 Section 30. Rights and Obligations............................................................................................26 Section 31. Attorney Fees..........................................................................................................26 Section 32. Credit for Funding and City of Salinas...................................................................26 Section 33. Compliance with Laws ...........................................................................................26 Section 34. Close-outs ...............................................................................................................27 EXHIBIT A – BUDGET .............................................................................................................. 29 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ................................................... 30 DRAFT
1 FISCAL YEAR 2024-25

CHINATOWN NAVIGATION CENTER

SUBRECIPIENT FUNDING AGREEMENT BETWEEN

COMMUNITY HOMELESS SOLUTION AND THE CITY OF SALINAS
Agreement Number: 24CIP9125-01
This Subrecipient Funding Agreement ("Agreement"), made and entered into this 1 st day of July
2024, by and between the City of Salinas, a charter city and municipal corporation, ("City"), and Community Homeless Solutions, a California Nonprofit Corporation, with a Unique Entity Identifier (UEI) number FNS8C7JNC7H6 (hereinafter referred to as "Subrecipient" or “CHS”).

RECITALS
WHEREAS, on May 21, 2024, the City Manager submitted the CIP operating budget for fiscal year 2024-25 to City Council which allocated $1,418,966 in CIP 9125 for the operations of the Chinatown Navigation Center Emergency Shelter Program; and WHEREAS, the Salinas City Council approved the funding through Resolution No. 22685; and
WHEREAS, Community Development Department (CDD) funded programs for homeless related activities are subject to terms and conditions of ESG requirements, and the Funding Agreement through mutual agreement by both parties; and WHEREAS, the Subrecipient shall follow the regulations set forth by the U.S. Department of Housing and Urban Development (HUD), Emergency Solutions Grants program.

NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined in Title I of the Housing and Community Development Act of 1974, or the Emergency Solutions Grant Regulations at 24 CFR Part 576, shall have the same meaning when used herein. a. "City” means the City of Salinas
b. “Subrecipient” shall mean an entity, whether public or private, which has the responsibility for administering a project or activity meeting the criteria specified by HUD Emergency Solutions Grant regulations (24 CFR 576.) that is authorized to carry out certain special activities.
c. “CDD” means Community Development Department, a department within the City of Salinas that develops housing policy and administers housing finance, economic development, and community development programs.
d. "ESG" means the Emergency Solutions Grant program.
e. “Project” means an awarded program.

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2 Section 2. Term
This Agreement shall commence on July 1, 2024, and expires on June 30, 2025, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement may be extended beyond the term set forth in this section upon a performance evaluation of the Subrecipient.

Section 3. Scope of Service
This Agreement, including the attached budget, Exhibit A and Exhibit B - Scope of Work, herein made part of this agreement, is to be performed in accordance with HUD ESG regulations and this Agreement.
a. Activities
The Subrecipient will be responsible for administering City funds for the Chinatown Navigation Center Emergency Shelter Program in a manner satisfactory to the City and consistent with ESG Regulations defined in 24 CFR 576.01 and the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20. Such program will include the following activities eligible under the ESG program:
b. Components and Objectives
City funded programs provides funding primarily to five program components: (1) street outreach; (2) emergency shelter; (3) homeless prevention; (4) rapid re-housing assistance; and (5) HMIS as defined in CFR 576.01 through 576.108. The City of Salinas prioritizes Projects with housing outcomes.

The objectives of the program are to: (1) engage homeless individuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals and families, and (6) prevent families/individuals from becoming homeless as defined in 24 CFR Part 576. Each objective area or funded category, such as Emergency Shelter, Street Outreach, and Rapid Re-housing must enact in execution of objectives the Housing First philosophy and approach.
c. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B - Scope of Work and herein made part of this agreement.
d. Staffing
Subrecipients shall provide a list of staff time commitments to all grants awarded to this program with clear identification of staff committed funded through this Agreement. Staff allocated to this grant shall maintain consistent and notified the City immediately if any changes to Key Personnel or their general responsibilities occur under this project. Such changes are subject to the prior approval of the City of Salinas Planning Manager. The City must be contacted of any key personnel changes occur during the term of the agreement.

A Project must maintain adequate staffing throughout the awarded period. The Project cannot exceed a twenty percent (20%) staff vacancy, or more, for no longer than one (1) quarter in duration throughout the term of the funding. Additionally, staff must be fully trained in Best or Promising Practices, for example, Trauma-Informed approaches, that DRAFT
3 allow for fitting, appropriate services to be rendered for the funding category awarded.

Agencies are expected to train staff in advance or within thirty (30) to sixty (60) days of start of Services.
e. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards as stated above on a monthly and annual basis. If a Subrecipient has received a Finding during the FY 2023 Monitoring season, the City will request 3 random Client File’s during an initial 6-month period for review. If the Client Files are compliant with the recommended actions, the Finding will be resolved. Subrecipient will upload expense and activity reports as mentioned in Section 4d below which staff will review to assure compliance with program regulations. If Subrecipient fails to perform as determined by the City, this will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Subrecipient to reimburse funds mismanaged or misspent back to the State.

Section 4. Funding
Purpose:

Subrecipient shall provide services and staff, and otherwise do all things necessary to perform the work, as set forth in Exhibit B – Scope of Work and Additional Goals. a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed One Million Four Hundred Thirteen Thousand Nine Hundred Twenty Five Dollars ($1,413,925).
b. Funding Availability: Funding is contingent upon services provided under this Agreement meeting the requirements of the ESG, as outlined in Title 24, Code of Federal Regulations, Section 576 incorporated herein by reference and made a part hereof, by providing assistance to homeless individuals and families by undertaking Emergency Shelter activities. The availability of said funds is subject to the control of the City of Salinas, Community Development Department, Housing and Community Development and should said funds be encumbered, withdrawn, or otherwise made unavailable to City, whether earned by or promised to Subrecipient, Subrecipient shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.

It is specifically understood and agreed by Subrecipient that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subrecipient, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available DRAFT
4 to Subrecipient for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.

Subrecipient is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subrecipient is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available. c. Use of Funds: The Subrecipient shall administer its program in conformance with 2 CFR 200, also known as Uniform Guidance. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. d. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly basis upon successful electronic submission of a “Expense Report” through the City’s online data management system (www.citydataservices.net), by Subrecipient indicating the amount of payment requested and a breakdown of expenditures consistent with Subrecipient's budget included in Exhibit A.

All costs shall be supported by properly executed redacted invoices, contracts, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges while in compliance with the Personally Identifying Information (PII) Policy.

Subrecipients are responsible to redact all backup documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance per the component requesting reimbursement. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City or designated agents thereof.

To streamline reporting and minimize administrative workload, the City and subrecipient have the option to collectively decide, to initially review up to three monthly reports. This review will entail a comparison of the subrecipient's supporting documentation with the requested reimbursement. Once alignment is confirmed and all aspects are coherent, the subrecipient can subsequently furnish a report generated from their accounting system which is approved by the City to fulfill the reporting requirements. This approach aims to balance accountability while optimizing efficiency in the reporting process. Upon mutual agreement from both parties, a memo will be used to memorialize the reporting requirements in this section. The City has the right to request complete supporting documents at any point during the term of this agreement, if and when a report doesn’t align with Subrecipient report from their accounting system. e. Financial Management and Accounting Standards
Subrecipient shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or his or her designee prior to payment. Payment requests are due on the 15
th day of each month. Should the 15
th
fall on a weekend or holiday, the Subrecipient is responsible to provide their report prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May DRAFT
5 21, 2013. Payments shall be reimbursed based upon the prior month's expenditures and appropriate documentation must be submitted electronically. “Expense Report” submitted incorrectly, without being redacted, or without the completed “Activity Report” due on the 10 th day of each month, shall be returned to Subrecipient by City. Funding shall only be provided for expenses incurred or services provided during the period commencing July 1 st, 2024, and ending June 30, 2025. Payment requests received by City after July 15, 2025, need not be considered for payment.

If any portion of the approved funding is neither expended nor encumbered by June 30, 2025, the allocation shall be correspondingly reduced, and the funds made available for other eligible activities and any amendment thereto. In order to ensure compliance with the federal and state regulations concerning timely expenditure of the City’s FY 2024-25, the Subrecipient project mentioned above shall be completed within the timeframes specified in the Scope of Work (Exhibit B).

Upon written request by Subrecipient, the Planning Manager may authorize such extension request, provided all City requirements are met. Upon review of the Request for Extension, the Planning Manager will provide a determination in writing to Subrecipient within 15 City of Salinas business working days.
f. End of Year Reporting
At the end of the Fiscal Year timeframe, Subrecipients must submit an Annual HMIS CAPER Reporting for the program funded through this Agreement. This information must be submitted to the City as a pdf file in a timely manner through CDS. End of Year Reports submitted after July 15, 2025, will be considered late and in violation of this section. g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subrecipient, City's Planning Manager (Housing Division) may authorize a budget revision only if the revision is between the same component. Budget Modifications reflecting adjustments between components will not be approved. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure the City meets the State’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). Subrecipients spending rapid rehousing dollars are required to spend all their rapid rehousing funds. i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subrecipient under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Subrecipient, in writing, of the facts or conduct which warrant(s) such belief and shall provide Subrecipient reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subrecipient fails DRAFT
6 to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subrecipient shall immediately refund to City the amount determined to be improperly expended.

The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as the City shall have certified after audit, that all funds disbursed to Subrecipient under this Agreement were expended in accordance with the terms and conditions hereof. The Subrecipient would be required to re-pay any improperly spent funds to the City of Salinas.

Section 4A. City Program Requirements
Subrecipient shall comply with the following requirements set forth under this Agreement per funded activity, federal and state ESG regulations (24 CFR 576), and the City of Salinas Housing and Community Service Emergency Solutions Grant Operations Manual. a. Homeless individuals and families must be given assistance in obtaining: (i) appropriate supportive services, including permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (ii) other Federal, State, local and private assistance available for such individuals.
b. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual served pursuant to this Agreement and/or provided family violence prevention or treatment services and further to ensure that the address or location of any family violence shelter will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. c. Subrecipient shall involve, to the maximum extent practicable, homeless individuals and families in policy–making and general operations such as renovation, operation and maintenance of facilities and the delivery of services. d. Subrecipient agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect the Universal Data Elements and report an array of data pertaining to homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system. Communities and homeless assistance providers use the data stored in HMIS to improve homeless assistance programs and better serve homeless persons meeting federal requirements of the Emergency Solutions Grant under the McKinney-Vento Homeless Assistance Act. In addition, sub recipients will agree to use HMIS as a case management tool to upload a Housing Stability Plan, Related Case Management Documentation, and services provided through the use of Service Transactions as required by the City.

All other requirements of the ESG Program per title 24 CFR Part 576.

Section 4B. Other Program Requirements
Subrecipient shall carry out each activity in compliance with all applicable federal laws and regulations as described below:

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7 Monitoring Grant Activities:
a. City shall monitor the activities selected to ensure compliance with all requirements. Onsite monitoring of Homeless Services shall occur annually after grant period. b. The City will monitor the performance of the Subrecipient based on a risk assessment and according to the terms of this Agreement.
c. If it is determined that the Subrecipient or any of its designees falsified any certifications, application information, financial, or contract report, the Subrecipient shall be required to immediately reimburse the full amount of the award to the City and may be prohibited from any further participation.
d. As requested by the City, Subrecipients shall submit all documentation necessary to ensure that Subrecipient are in continued compliance with all Program Requirements (24 CFR 576 & 2 CFR 200) and to determine if objectives listed in proposal are being meet. e. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.

Evaluation: The City reserves the right to survey Subrecipient’s clients. If the City elects to survey Subrecipient’s clients, the City will deliver questionnaires to the Subrecipient and the Subrecipient will distribute those questionnaires to Subrecipient’s clients. Subrecipient’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subrecipient’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subrecipient.

Disclosure of Confidential Client Information: City and Subrecipient will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subrecipient expressly acknowledges that City is subject to the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Subrecipient and its activities and services provided pursuant to this Agreement.

Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed.

Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subrecipient therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.

Subrecipients shall comply with the Personally Identifying Information (PII) Policy. and are responsible to redact all documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance.

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8 Policies and Procedures: Subrecipients are required to produce specific policies and procedures, consistent with the City of Salinas ESG Written Standards. Program policies and procedures must include coordinated entry and the use of HMIS; Coverage Area; Participant Eligibility; Suite of Services Offered; Staffing Pattern; Problem Solving to include diversions and/or rapid exit; Participants Termination and grievance process. All Policies and Procedures must comply with all applicable federal laws, statues, and regulations; provide assistance that is tailored to each participants specific needs and housing barriers; implement best practices for returning people experiencing sheltered homelessness safe, stable Permanent housing via person centered practices that are tailored to each household.

VAWA Requirement: Violence Against Women Act (VAWA), reauthorized in 2013, expanded protections for victims of domestic violence, sexual assault, dating violence, and stalking in City and all funded programs. VAWA protections apply to all survivors regardless of age, sex, gender identity, race, national origin, familial status, disability, and sexual orientation, and extend to individuals affiliated with victim, including spouses, parents, siblings, children, and anyone residing in the household. VAWA protects City and all program participants against denial of assistance and termination of assistance or eviction based on survivor status and factors directly related to domestic violence, including job history, credit history, criminal history, or rental history. VAWA protections must be documented in the lease or rental agreement and provided to the participants served.

VAWA Rule Components: A participant cannot be denied assistance, terminated from a program, or evicted based on a status as a victim of domestic violence, sexual assault, dating violence, and stalking. An applicant cannot be denied access to housing or evicted based on factors directly related to the victimization, such as job history, credit history, criminal record, or rental history.

Notice of Occupancy Rights: A VAWA Notice of Occupancy Right and Victim SelfCertification Form (HUD Form-5380) must be given to a tenant by the Subrecipient when:

1. A program participant applies and is admitted to permanent housing or transitional housing.

2. An individual or family applies and is denied permanent housing or transitional housing.

3. A program participant receives notification of eviction.

4. A program participant is notified of termination of assistance.

5. In a tenant-based rental assistance, notice must also be given by the owner when a tenant receives notice of eviction.

Section 5. Records and Reports
Subrecipient shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly Activity Report, in a form determined by City, so that City may meet its record keeping and reporting requirements to City Council. These reports shall be due by the 10 th
day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required by City, Subrecipient shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City or designated agents thereof upon request as specified in 24 CFR Part 576.500, and 576.501. Subrecipient shall maintain all records required by the DRAFT
9 regulations specified in 24 CFR Part 576.500, and that are pertinent to the activities funded under this agreement; including but not limited to:
a. records demonstrating that funded activities meet one of the City’s Objectives from the City of Salinas Strategic Plan.
b. records must include the local CoC #506 third party documentation of homelessness and/or agency similar documentation approved by the City of Salinas; or have approval from City staff if it is not possible to get third party documentation on some clients; c. records required to determine the eligibility of activities; d. records stating the Subrecipient’s policies on procedures to document homelessness; e. records documenting compliance with fair housing and equal opportunity components; f. financial records as required by 24 CFR 576.500 and 2 CFR 200 agreeing to adhere to the accounting principles and procedures required therein, to employ adequate internal controls, and to maintain necessary source documentation for all costs incurred; g. records demonstrating client eligibility for services provided (including-but not limited toclient name, address, income, or other basis for determining eligibility, and description of service provided) and reports of milestones and schedules of programs as requested, per 2 CFR 200;
h. other records necessary to document compliance with Subpart K of 24 CFR Part 570; i. the Annual Program Narrative Report due no later than July 15th, 2025; and j. performance reports will be provided from the Homeless Management Information System (HMIS) on a quarterly basis to City.

Subrecipient shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.

Section 6: Indemnity; Insurance
Subrecipient shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

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10 Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.

Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Subrecipient or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the insurer shall reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
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11 The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subrecipient or Contractor. General liability coverage can be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Subrecipient or Contractor to the City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents, and subcontractors.

Subrecipient shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subrecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.

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12 Subrecipient shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.

Maintenance of insurance by Subrecipient as specified in this Agreement shall in no way be interpreted as relieving Subrecipient of any responsibility whatever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary.

In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which represents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.

Section 7. Subcontracts
Subrecipient may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subrecipient deems such to be proper and efficient.

Prior to Subrecipient entering into any agreement for any person or organization to render said services, the Subrecipient shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Subrecipient, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subrecipient is subject to under this Agreement and Subrecipient shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.

City shall in no event be liable to any subcontractor or any other creditor of Subrecipient and shall be liable to Subrecipient only in accordance with the terms and conditions of this Agreement.

Section 8. Environmental Review (ER)
The environmental effects of the activity or project carried out must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities implementing regulations at 24 CFR parts 50 and 58. No funds may be committed to the activity or project before the completion of the Environmental Review (ER) and approval of the request of release of funds and related certification, except as authorized by 24 CFR Part 58. Subrecipient shall not commit funding to any property until City staff has approved the ER and has received clearance from the State Historic Preservation Office (SHPO) to commence work (only for properties over 50 years old).

Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C., 7401, et seq.;
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13 • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

Section 9. Lead-Based Paint
Subrecipient will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Subrecipient must provide the lead hazard information pamphlet to any resident who will be residing in a unit built before 1978. The tenant must receive the pamphlet before moving into the unit. If Subrecipient can document the tenant received the pamphlet previously, Subrecipient is not required to provide it again.

Such regulations pertain to all assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

For units older than 1978 which will house one or more children under the age of 6, landlord and tenant must complete a Lead-Based Paint Disclosure form. The form describes any known current or previous lead-based paint hazards, and documents tenant’s receipt of records and the lead hazard information pamphlet. Additionally, a visual lead-based paint assessment must be completed by a person trained in this inspection process. The inspection may be completed in conjunction with the habitability inspection if the inspector is qualified. At Intake, it should be noted on the Application Form if there will be any child in the household younger than six years. This information should be provided to the habitability inspector prior to their examination of the proposed rental unit.

Essential service activities, such as, counseling, case management, street outreach, referrals to employment, etc., are exempt and excluded from the lead-based paint inspection requirements.

Subrecipients must keep record in each client file when “Protect Your Family form Lead in Your Home” pamphlet is issued.

Section 10. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in federal, state or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Subrecipient, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of w specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.

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14 Section 11. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Subrecipient to assign rights and responsibilities and restricts the right to modify this Agreement.

Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this agreement must be signed by the Board of Directors of the Subrecipient, if a corporation, or the management if not a corporation, and by the City of Salinas.

Section 12. Suspension and Termination
If Subrecipient materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Subrecipient. Subrecipient may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.

In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports of Subrecipient, become the property of City and Subrecipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.

In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subrecipient, nor shall such payment impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Subrecipient the repayment to the City of any funds disbursed to Subrecipient under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subrecipient agrees to promptly refund any such funds upon demand.

Notwithstanding the above, Subrecipient shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Subrecipient, and City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due City from Subrecipient is determined.

Section 13. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.

This Agreement and performance hereunder are subject to the Federal and State regulations, and Subrecipient agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.

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15 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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16 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:

Section 1. Program Income
Any income generated by Subrecipient from the use of these funds must be immediately reported as earned and returned to City.

Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subrecipient shall comply with the requirements and standards of Federal Office of Management and Budget Circular 2 CFR, Part 230, "Cost Principles for Non-Profit Organizations", and 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards”. 2 CFR Part 200 sets forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.

Records shall be maintained in accordance with any other requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized by the City, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16). b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. Unified Rule Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.

Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.

Compliance: The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.

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17 Subrecipient shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Subrecipient. Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "limited English proficient," or "LEP." Subrecipient shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subrecipient;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subrecipient and costs of modifying existing procedures.

After performing the four-factor analysis, Subrecipient is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Subrecipient's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subrecipient's staff will provide language services, how Subrecipient will train its staff to implement the LAP, providing public notice of the language services Subrecipient provides, and self-assessment and monitoring by Subrecipient of its LAP.

Section 4. Executive Order No. 11063
Subrecipient shall not discriminate because of race, color, religion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy thereof if property is provided for in whole or in part by a GF grant funds.

Section 5. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, shall be prohibited under the performance of this Agreement. Subrecipient shall comply with regulations found at Title 24, Code of Federal Regulations, Part 8, that complement Section 504 of the Rehabilitation Act of 1973.

The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.

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18 b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subrecipient that employs less than fifteen (15) persons shall:
(a).Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6]
(b).Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR 8.51]
(ii) A Subrecipient that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a).Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
(b).Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
(c).Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the Subrecipient does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54] d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:

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19 (a).Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b).Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106]
(c).TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a).Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107] (b).Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
Section 6. Affirmative Action
The Subrecipient agrees that it shall be committed to carry out pursuant to the Subrecipient’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
a. Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Subrecipient agrees to take reasonable steps to ensure that small businesses owned by women or by racial or ethnic minorities have the opportunity to compete for contracts resulting from this Agreement. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the DRAFT
20 maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. c. Executive Order 11246 Equal Employment Opportunity and Affirmative Action (EEO/AA statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.

Affirmative Outreach
The Subrecipient will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Subrecipient intends to use to make known the availability of the facilities, assistance, and services will be available to reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Subrecipient must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subrecipients are required to take reasonable steps to ensure meaningful access to programs and activities for Limited English Proficiency (LEP) persons.

Section 7. Business and Employment Opportunities for Lower-Income Residents Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the regulations issued pursuant thereto at 24 CFR Part 135. Subrecipient is encouraged to the greatest extent feasible, to DRAFT
21 provide opportunities for training and employment be given to lower-income residents of the City of Salinas, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the City of Salinas.

Section 8. Conflict of Interest
a. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Subrecipientshall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subrecipient and Sub-Subrecipients:

No employees, officer or agent of Subrecipient or any Sub-Subrecipient shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Subrecipient or his employees must be immediately disclosed to the City.

The Subrecipient agrees to abide by the provisions of 24 Section 576.404, ESG Conflict of Interest provisions, specific to the ESG program; 404(a) organizational, 404(b) individuals and 404(c) contractors, which include (but are not limited to) the following:

1. The Subrecipient shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

2. No employee, officer, or agent of the Subrecipient shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

3. No covered person who exercises or has exercised any functions or responsibilities with respect to City-assisted activities, or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest in any contract, subcontract, or agreement with respect to the Cityassisted activity, or with respect to the proceeds from the City-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, DRAFT
22 or elected or appointed official of the City, the Subrecipient, or any designated public agency.

Section 9. Reversion of Assets
Upon expiration of this Agreement, Subrecipient shall transfer to the City any unexpended funds and any accounts receivable attributable to the use of the funds. Rapid Rehousing funds must be spent within the grant period by the Subrecipient. Residual assets derived from Subrecipient's use of these funds, such as fixtures and equipment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Subrecipient's assets derived from this funding, if any.

The City is responsible for expenditure on rapid rehousing dollars and agencies in charge of rapid rehousing dollars must ensure their agency meets the rapid rehousing expenditure.

Section 10. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

Subrecipient shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Subrecipients shall certify and disclose accordingly.

Section 11. Faith-based Activities
a. Faith-Based Activities Organizations: Faith-based organizations that are directly funded under this program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the funded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the City-funded programs or services. b. Religious Organizations: A religious organization that receives funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs, provided that it does not use direct funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, Faith-based organizations may use space in their facilities to provide services without removing religious art, icon, scriptures, or other religious symbols. A funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents.

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23 c. Religious Discrimination: An organization receiving these funds shall not, in providing that assistance, discriminate against a program participant or prospective program beneficiary on the basis of religion or religious belief. d. Subrecipients: Any sub-recipient of City’s funds provided under this agreement shall abide by the terms under faith-based activities as described in this agreement. e. Structures Used for Religious Activities: Funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities.

Funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the funded program. Where a structure is used for both eligible and inherently religious activities, General Funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to funds. Sanctuaries, chapels, or other rooms that a religious congregation uses as its principal place of worship, however, are ineligible for funded improvements under the program. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property.

Section 12. Audits and Inspections
Subrecipient will, at any time during normal business hours and as often as City, may deem necessary, make available to City, in accordance with the state, federal, and local law, examination of all of Subrecipient's records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq.

Subrecipient shall permit City, citizens notwithstanding 24 CFR 85.42 (f), and provide citizens with reasonable access to records regarding the past use of General Funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.

Subrecipients receiving less than $750,000 a year in Federal Grants are exempt from Federal audit requirements, but Subrecipients' records, as may be covered by the attorney client privilege, must be available for review upon request by City, or representatives of the Comptroller General for examination. Subrecipients receiving $750,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with 24 CFR 200.

Subrecipient further represents to City that Subrecipient, as a non-profit 501(c)(3) organization, provides services to clients in a confidential manner, and therefore neither Subrecipient, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subrecipient’s clients.

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24 Section 13. City Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.

Section 14. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining City approval for such assistance, or any other approval or concurrence of City required under this Agreement, Title I of the Housing and Community Development Act of 1974, as amended, with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

Section 15. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of Housing and Urban Development and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.

Section 16. Patents
Any discovery or invention arising out of or developed during the course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the U. S.

Department of Housing and Urban Development and City as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

Section 17. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall comply with provisions of the Hatch Act, which limits political activities of employees.

Section 18. Board of Directors
Subrecipient shall provide City with information regarding any changes in the Board of Directors or the management of Subrecipient no later than ten (10) days from the official change.

Section 19. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

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25 City:

Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Subrecipient:

Execute Director
Community Homeless Solutions (CHS)
3087 Wittenmyer Court
Marina, CA 93933
Telephone: 831-384-3388
Section 20. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.

Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

Section 21. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Section 22. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

Section 23. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.

Section 24. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

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26 Section 25. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.

Section 26. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Subrecipient.

Section 27. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.

Section 28. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require consummating, evidence, or confirm the agreements contained herein in a manner contemplated hereby.

Section 29. Entire Agreement
This Agreement constitutes the entire agreement between City and Subrecipient and is the final expression of City and Subrecipient with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subrecipient acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subrecipient.

Section 30. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Section 31. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.

If awarded, City's attorneys' fees shall be calculated at the market rate.

Section 32. Credit for Funding and City of Salinas
The Subrecipient shall include the City of Salinas logo, where feasible, on website and written materials about the City-funded program, and include a statement such as “This program funded, in part, by the U.S. Department of Housing and Urban Development in cooperation with the City of Salinas.”
Section 33. Compliance with Laws
Subrecipient’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state, and local laws and any rules or regulations promulgated thereunder.

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27 Section 34. Close-outs
The Subrecipient’s obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.

EXHIBIT A – Budget
EXHIBIT B - Scope of Work & Additional Goals

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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28 IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and COMMUNITY HOMELESS SERVICES (CHS), a non-profit corporation, have executed this Agreement.

City of Salinas Subrecipient:

By: By:

Jim Pia, Acting City Manager Greg Baker, Executive Director APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
Rhonda Combs, Assistant City Attorney
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29 EXHIBIT A – BUDGET
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30 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
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FISCAL YEAR 2024-25

AMERICAN RESCUE PLAN ACT (ARPA)

PROGRAM

FUNDING AGREEMENT BETWEEN

THE CITY OF SALINAS AND

COMMUNITY HOMELESS SOLUTIONS
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This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

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FISCAL YEAR 2024-25

AMERICAN RESCUE PLAN ACT (ARPA) PROGRAM

FUNDING AGREEMENT BETWEEN CITY OF SALINAS
AND

COMMUNITY HOMELESS SOLUTIONS

FOR THE

CHINATOWN NAVIGATION CENTER PROGRAM
Agreement Number: 24ARPA02
Table of Contents
PART I - AGREEMENT................................................................................................................ 2 Section 1. Definitions (as used in this Agreement)......................................................................2 Section 2. Term............................................................................................................................2 Section 3. Scope of Service .........................................................................................................2 Section 4. Funding .......................................................................................................................3 Section 4A. Other Program Requirements...................................................................................5 Section 5. Records and Reports...................................................................................................6 Section 6: Insurance.....................................................................................................................7 Section 7. Subcontracts..............................................................................................................10 Section 8. Amendment...............................................................................................................10 Section 9. Assignment ...............................................................................................................10 Section 10. Suspension and Termination...................................................................................11 Section 11. Terms and Conditions.............................................................................................11 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 12 Section 1. Program Income........................................................................................................12 Section 2. Uniform Administrative Requirements.....................................................................12 Section 3. Title VI of the Civil Rights Act of 1964...................................................................12 Section 4. Nondiscrimination.....................................................................................................13 Section 5. Conflict of Interest ....................................................................................................15 Section 6. Lobbying Prohibited .................................................................................................16 Section 7. Audits and Inspections..............................................................................................16 Section 8. ARPA Requirements.................................................................................................17 Section 9. Prohibition Against Payment of Bonus or Commissions .........................................17 Section 10. Copyrights...............................................................................................................17 Section 11. Political Activity Prohibited ...................................................................................17 Section 12. Board of Directors...................................................................................................17 Section 13. Notices ....................................................................................................................17 Section 14. Legal Representation ..............................................................................................18 Section 15. Joint Representation................................................................................................18 Section 16. Warranty of Authority.............................................................................................18 Section 17. No Waiver of Rights...............................................................................................18 Section 18. No Third-Party Rights.............................................................................................18 Section 19. Modification............................................................................................................19 DRAFT
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Section 20. Severability .............................................................................................................19 Section 21. Further Assurances..................................................................................................19 Section 22. Entire Agreement....................................................................................................19 Section 23. Rights and Obligations............................................................................................19 Section 24. Attorney Fees..........................................................................................................19 Section 26. Compliance with Laws ...........................................................................................19 EXHIBIT A BUDGET ................................................................................................................ 21 EXHIBIT B SCOPE OF WORK & ADDITIONAL GOALS..................................................... 22 DRAFT
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FISCAL YEAR 2024-25

AMERICAN RESCUE PLAN ACT (ARPA) PROGRAM

FUNDING AGREEMENT BETWEEN CITY OF SALINAS
AND

COMMUNITY HOMELESS SOLUTIONS

FOR THE

CHINATOWN NAVIGATION CENTER PROGRAM
Agreement Number: 24ARPA02
This American Rescue Plan Act Agreement ("Agreement"), made and entered into this 1st day of July 2024, by and between the City of Salinas, a charter city and municipal corporation, ("City"), and, Community Homeless Solutions, a California non-profit corporation, (hereinafter referred to as "Subrecipient").

RECITALS
WHEREAS, the City of Salinas will receive a total of $51,567,313, in American Rescue Plan Act (ARPA) funding, in two payments; and
WHEREAS, ARPA funds must be obligated by the City Council by December 31, 2024, and expended by December 31, 2026, with ongoing Finance Department reporting requirements; and
WHEREAS, City Staff met with the Finance Committee on August 2, 2021, to discuss the ARPA funds and recommendations to the City Council; and WHEREAS, the City Council has reviewed Government Service categories that qualify for receipt of this money and upcoming expenditures in the areas of Public Facilities, Public Infrastructure, Investments in Water and Sewer, and Homelessness, all as described in the August 24th Staff Report to Council; and
WHEREAS, Subrecipient was awarded ARPA funding to reimburse the cost of providing services to the community under this Agreement; and
WHEREAS, the City wishes to engage the Subrecipient and assist in utilizing such funds; and
NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

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PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined in the Final Rule in 31 CFR Part 35 RIN 1505-AC77 established under the American Rescue Plan Act, shall have the same meaning when used herein.
a) "HUD" means the U.S. Department of Housing and Urban Development, or a person authorized to act on behalf of the Department.
b) “ARPA” American Rescue Plan Act
Section 2. Term
This Agreement shall commence on July 1, 2024, and shall expire on June 30, 2025, unless City grants a written extension of term set forth in this Section.

Subrecipient shall submit a Final Report by July 10, 2025. The Final Report will include programmatic, fiscal data, program outputs and outcomes in City Data Services (CDS) www.citydataservices.net . The City will review submitted Final Report and collaborate with Subrecipient to cure any deficiency by July 10, 2025.

Section 3. Scope of Service
This Agreement, including attached, Exhibit A, budget and Exhibit B, Project Timeline, herein made part of this Agreement, is to be performed in accordance with Subrecipient's FY 2024-25 Funding Agreement, and incorporated herein by this reference. a. Activities
The Subrecipient will be responsible for administering ARPA Year FY 2024-25 Chinatown Navigation Center Program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. Such program will include activities that meet the ARPA eligible activities described in the Interim Final Rule 31 CFR Part 35 RIN 1505-AC77.
b. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B-Project Timeline and herein made part of this agreement.
c. Staffing
The list of staff and time commitments to be allocated to each activity are included in Exhibit B-Project Timeline. Any changes in the Key Personnel assisted or their general responsibilities under this project are subject to the prior approval of the Subrecipient. The City must be contacted if any key personnel changes occur during the grant cycle. An awarded Project must maintain adequate staffing throughout the award period.

The Project cannot exceed a 20% staff vacancy (or more) for no longer than one (1) quarter in duration. The Project staff, as well as those operating at a City facility, must be fully trained in relevant Best or Promising Practices, such as, but not limited, to Housing First, or must receive appropriate training within (30) days of start of services to allow for the rendering of fitting, adequate services for the awarded funding category.

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d. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Grantee to reimburse funds mismanaged or misspent.

In addition to HUD performance standards, some examples of substandard performance include: a pattern of inadequate staffing levels; inadequate progress towards outcome achievement, as delineated in Exhibit B – Scope of Work and Additional Goals; deficiency in timeliness of overall reporting, including both activity and expense reporting. More than (2) two late reports results in a deficiency, with exception for transitions to new reporting tools/system, the consequence of which will be a demerit of points counted against future funding applications; deficiencies in spending down grant funds timely; substandard performance also includes leaving any grant funds unspent at end of grant term.

Section 4. Funding
Purpose:

The Chinatown Navigation Center assists unsheltered Salinas residents with shelter and essential supportive services 7 days a week, 24 hours a day, plus the program offers case management and housing navigation services. It is low-barrier and intended for single homeless women and men originating from the downtown and Chinatown districts, as well as the neighboring encampments in need of temporary shelter safely off the streets. Residents are provided warm meals, a semiprivate sleeping area, shower facility, as well as laundry and computer access to make gains on their self-identified plans. With the assistance of on-site Housing Navigators, Participants of the program are asked to formulate, and to progress on, an individualized housing plan. Staff enter clients in the Homeless Management Information System (HMIS) and the Coordinated Assessment Referral System (CARS) and help Participants apply for and/or ready for permanent housing referrals.

The funds to be used by the City for the payments to Subrecipient hereunder are ARPA funds received under a grant from the Department of the Treasury. a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed $305,034.00.
b. Funding Availability: The availability of said funds is subject to the control of the Department of the Treasury and, should said funds be encumbered, withdrawn, or otherwise made unavailable to City, whether earned by or promised to Subrecipient, Subrecipient shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.

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It is specifically understood and agreed by Subrecipient that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subrecipient, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to Subrecipient for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.

Subrecipient is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subrecipient is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available.

Use of ARPA Funds: The Subrecipient shall administer its program in conformance with the policies and requirements of 31 CFR Part 35 RIN 1505-AC77 and the Uniform Administrative Requirements 2 CFR Part 200, as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. c. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly basis upon successful electronic submission of “Expense Report” and “Contract Expenditure Request” through the City’s online data management system City Data Services (CDS) (www.citydataservices.net) by Subrecipient indicating the amount of payment requested and a breakdown of expenditures consistent with Subrecipient's budget included in Exhibit A. All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City and the Department of Treasury, or designated agents thereof.
d. Financial Management and Accounting Standards
Subrecipient shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or his or her designee prior to payment. Payment requests are due on the tenth (10th) day of each month. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May 21, 2013.

Payments shall be reimbursed based upon the prior month's expenditures and appropriate documentation must be submitted electronically. “Expense Report” submitted incorrectly or without the “Activity Report” shall be returned to Subrecipient by the City. Funding shall only be provided for expenses incurred or services provided during the period DRAFT
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commencing July 1, 2024, and ending June 30, 2025. Payment requests received by City after July 10, 2025, need not be considered for payment.

If any portion of the approved funding is neither expended nor encumbered by July 10, 2025, the allocation shall be correspondingly reduced, and the funds made available for other eligible ARPA activities as approved by City Council and any amendment thereto.

In order to ensure compliance with the regulations concerning timely expenditure the above-mentioned project shall be completed within the timeframes specified in the Section 2 - Term.

The Subrecipient may request an extension for the completion of the proposed scope of work. The Extension Request may only be approved on a case-by-case basis and only upon written request by submittal of a Request for Extension Form provided by the City of Salinas. Such form shall be completed on the CDS website at www.citydataservices.net.

Upon written request by Subrecipient, the Planning Manager may authorize such extension request, provided all ARPA and City requirements are met. e. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subrecipient, City's Planning Manager (Housing Division) may authorize a budget revision. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net.
f. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). Should an agency be at risk to not complete the obligation of expenditure, the City reserves the right to reassess the grant and possibly de-obligate funding to another agency in order to meet the spending requirements.
g. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subrecipient under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Subrecipient, in writing, of the facts, and shall provide Subrecipient reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subrecipient fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subrecipient shall immediately refund to City the amount determined to be improperly expended.

Section 4A. Other Program Requirements
Subrecipient shall carry out each activity in compliance with all applicable federal laws and regulations as described below:

Monitoring: City will monitor Subrecipient to ensure that the ARPA funds granted through this Agreement are used in accordance with all program requirements (2 CFR 200.332).

Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient DRAFT
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within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.

Evaluation: The City reserves the right to survey Subrecipient’s clients. If the City elects to survey Subrecipient’s clients, the City will deliver questionnaires to the Subrecipient and the Subrecipient will distribute those questionnaires to Subrecipient’s clients. Subrecipient’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subrecipient’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subrecipient.

Disclosure of Confidential Client Information: City and Subrecipient will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subrecipient expressly acknowledges that City is subject to the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Subrecipient and its activities and services provided pursuant to this Agreement.

Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed.

Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subrecipient therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.

Section 5. Records and Reports
Subrecipient shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly Activity Report, in a form determined by City, so that City may meet its record keeping and reporting requirements to the U.S. Department of the Treasury. These reports shall be due by the tenth day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the CDS website at www.citydataservices.net. As required by City and by U.S Department of the Treasury, Subrecipient shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City, U.S. Department of the Treasury, or designated agents thereof upon request as specified in 2 CFR 200.1. Subrecipient shall maintain all records required by the regulations specified in 2 CFR Part 200 Subpart F, and that are pertinent to the activities funded under this agreement; including but not limited to:
a. records demonstrating that funded activities meet one of the ARPA Objectives program; b. records required to determine the eligibility of activities; c. financial records as required by 2 CFR 200.1 and 2 CFR 200.307 agreeing to adhere to the accounting principles and procedures required therein; and d. the Annual Program Narrative Report due July 10, 2025, in CDS (incorporating data on prior year's activities).

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Each month, and at the conclusion of the fiscal year, Subrecipients must submit required information through the HMIS-CAPER, in pdf format, and forthcoming Annual Program Narrative Report, due July 10, 2025 with the final activity and expense reporting submission. The HMISCAPER may be requested quarterly for data integrity check purposes. Subrecipients must submit this information in a timely manner. The forthcoming Annual Program Narrative Report supplies and elaborated on additional data points or reporting requested in association regional priorities, such as the Lead Me Home Plan, and/or Administrative Entity (AE) priorities such as Key Performance Indicators reporting and/or AP-90 standards reporting.

Reporting pertains to all Participants enrolled in Emergency Shelter, or Housing Navigation, or Rapid Re-Housing activities, the City of Salinas requests the following information:
# of Participants that discontinue/exit program before completion, including a brief summary of why, and with discharge destination.

For those Participants permanently housed:
# of Participants retained for 3-6 months in housing
# of Participants retained for 7-12 months in housing
# of Participants retained for 12-18 months in housing
Subrecipient shall retain all records specified under this Agreement for a period of five (5) years after the termination of the Agreement.

Section 6: Insurance
Subrecipient shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.

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Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Subrecipient or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
a. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the insurer shall reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subrecipient or Contractor. General DRAFT
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liability coverage can be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Subrecipient or Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
b. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. c. Waiver of Subrogation
Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents, and subcontractors.
d. Subrecipient shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the CDS website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subrecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy. e. Subrecipient shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is DRAFT
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unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.
f. Maintenance of insurance by Subrecipient as specified in this Agreement shall in no way be interpreted as relieving Subrecipient of any responsibility whatever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary. g. In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which represents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.

Section 7. Subcontracts
Subrecipient may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subrecipient deems such to be proper and efficient.

Prior to Subrecipient entering into any agreement for any person or organization to render said services, the Subrecipient shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Subrecipient, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subrecipient is subject to under this Agreement and Subrecipient shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.

City shall in no event be liable to any subcontractor or any other creditor of Subrecipient and shall be liable to Subrecipient only in accordance with the terms and conditions of this Agreement.

Section 8. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Federal, State or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Subrecipient, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of services specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.

Section 9. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Subrecipient to assign rights and responsibilities and restricts the right to modify this Agreement.

Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this DRAFT
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agreement must be signed by the Board of Directors of the Subrecipient, if a corporation, or the management if not a corporation, and by the City of Salinas.

Section 10. Suspension and Termination
If Subrecipient materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Subrecipient. Subrecipient may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.

In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of Subrecipient, become the property of City and Subrecipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.

In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subrecipient, nor shall such payment impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Subrecipient the repayment to the City of any funds disbursed to Subrecipient under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subrecipient agrees to promptly refund any such funds upon demand.

Notwithstanding the above, Subrecipient shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Subrecipient, and City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due City from Subrecipient is determined.

Section 11. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.

This Agreement and all performance hereunder are subject to the Treasury’s final rule regulations pertaining to the American Rescue Plan Act, and Subrecipient agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.

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PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:

Section 1. Program Income
Any income generated by Subrecipient from the use of ARPA funds must be immediately reported as earned and returned to City.

Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subrecipient shall comply with the policies, requirements, and standards of the Uniform Administrative Requirements 2 CFR Part 200. 2 CFR Part 200 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property, and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.

Records shall be maintained in accordance with any other requirements prescribed by U.S.

Department of the Treasury or City with respect to all matters covered by this Agreement.

Except as otherwise authorized by U.S. Department of the Treasury or City, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement.
b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. Procurement Standards: Unless specified otherwise within this agreement, the Subrecipient shall ensure consistency with the standards set forth in the Uniform Guide at of 2 CFR parts 200.317 – 327 as applicable.

Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.

Compliance: The Subrecipient agrees to comply with 24 CFR Part 570.600 – 615, Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.

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Subrecipient shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Subrecipient. Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "limited English proficient," or "LEP." Subrecipient shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subrecipient;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subrecipient and costs of modifying existing procedures.

After performing the four-factor analysis, Subrecipient is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Subrecipient's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subrecipient's staff will provide language services, how Subrecipient will train its staff to implement the LAP, providing public notice of the language services Subrecipient provides, and self-assessment and monitoring by Subrecipient of its LAP.

Section 4. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, shall be prohibited under the performance of this Agreement. Subrecipient shall comply with regulations found at Title 24, Code of Federal Regulations and Part 8 that complement Section 504 of the Rehabilitation Act of 1973.

The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.

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c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subrecipient that employs less than fifteen (15) persons shall:
(a).Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6]
(b).Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR 8.51]
(ii) A Subrecipient that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a).Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
(b).Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
(c).Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees that the Subrecipient does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54] d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a).Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
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(b).Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans with Disabilities Act and Part 35. [28 CFR 35.106]
(c).TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a).Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107] (b).Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
Section 5. Conflict of Interest
a. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Subrecipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subrecipient and Sub-Subrecipients:

No employees, officer or agent of Subrecipient or any Subrecipient shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to DRAFT
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his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Subrecipient or his employees must be immediately disclosed to U.S. Department of the Treasury and to City.

Section 6. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

Subrecipient shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Subrecipients shall certify and disclose accordingly.

Section 7. Audits and Inspections
Subrecipient will, at any time during normal business hours and as often as City, or U.S.

Department of the Treasury, may deem necessary, make available in accordance with the state, federal, and local law, and to the examination of all of Subrecipient's records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Subrecipient shall provide citizens with reasonable access to records regarding the past use of ARPA funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.

Subrecipients receiving less than $750,000 a year in Federal Grants is exempt from Federal audit requirements, but Subrecipients' records, as may be covered by the attorney client privilege, must be available for review upon request by City, U.S. Department of the Treasury, or representatives of the Comptroller General for examination. Subrecipients receiving $750,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with 2 CFR Part 200.501 Audit Requirements. Subrecipients that expend $750,000 or more during the City’s fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 Scope of audit, except when it elects to have a program-specific audit conducted in accordance with 2 CFR Part 200.501 (d).

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Subrecipient further represents to City that Subrecipient, as a non-profit 501(c) (3) law firm, represents clients in confidential attorney-client relationships, and therefore neither Subrecipient, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subrecipient’s clients.

Section 8. ARPA Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by the U.S. Department of the Treasury or City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.

Section 9. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining City’s approval of the application for such assistance, or any other approval or concurrence of U.S. Department of the Treasury regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

Section 10. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of the Treasury and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.

Section 11. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall comply with provisions of the Hatch Act, which limits political activities of employees.

Section 12. Board of Directors
Subrecipient shall provide City with information regarding any changes in the Board of Directors or the management of Subrecipient no later than ten (10) days from the official change.

Section 13. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

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City:

Planning Manager
City of Salinas
Community Development Department
Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Subrecipient:

Community Homeless Solutions
3087 Wittenmyer Court
Marina, CA 93933
Telephone: 831-384-3388
Section 14. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.

Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

Section 15. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Section 16. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

Section 17. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.

Section 18. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.

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Section 19. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Subrecipient.

Section 20. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.

Section 21. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require consummating, evidence, or confirm the agreements contained herein in a manner contemplated hereby.

Section 22. Entire Agreement
This Agreement constitutes the entire agreement between City and Subrecipient and is the final expression of City and Subrecipient with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subrecipient acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subrecipient.

Section 23. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Section 24. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.

If awarded, City's attorneys' fees shall be calculated at the market rate.

Section 26. Compliance with Laws
Subrecipient’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state, and local laws and any rules or regulations promulgated thereunder.

EXHIBIT A – Budget
EXHIBIT B – Scope of Work & Additional Goals

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and Community Homeless Solutions, a non-profit corporation, have executed this Agreement.

City of Salinas Subrecipient:

By: By:

Rene Mendez, City Manager [Name], [Title]
APPROVED AS TO FORM:

By: By:

Christopher A. Callihan, City Attorney [Name], [Title]
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EXHIBIT A
BUDGET
Pending negotiation.

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EXHIBIT B

SCOPE OF WORK & ADDITIONAL GOALS
Pending negotiation.

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FISCAL YEAR 2024-25

AMERICAN RESCUE PLAN ACT (ARPA)

SUBRECIPIENT AGREEMENT BETWEEN
DOWNTOWN STREETS, INC. AND THE

CITY OF SALINAS
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This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

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i
FISCAL YEAR 2024-25

SUBRICIPIENT AGREEMENT BETWEEN AGREEMENT BETWEEN
DOWNTOWN STREETS, INC. AND THE CITY OF SALINAS

FOR THE

SALINAS DST RAPID REHOUSING PROGRAM
Agreement Number: 24ARPA01
Table of Contents
PART I - AGREEMENT................................................................................................................ 1 Section 1. Definitions (as used in this Agreement)......................................................................1 Section 2. Term............................................................................................................................2 Section 3. Scope of Service .........................................................................................................2 Section 4. Funding .......................................................................................................................3 Section 4A. City Program Requirements.....................................................................................6 Section 4B. Other Program Requirements...................................................................................7 Section 5. Records and Reports...................................................................................................9 Section 6: Indemnity; Insurance ................................................................................................10 Section 7. Subcontracts..............................................................................................................13 Section 8. Environmental Review (ER).....................................................................................14 Section 9. National Flood Insurance Program...........................................................................14 Section 10. Lead-Based Paint ....................................................................................................14 Section 11. Amendment.............................................................................................................15 Section 12. Assignment .............................................................................................................15 Section 13. Suspension and Termination...................................................................................15 Section 14. Terms and Conditions.............................................................................................16 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 17 Section 1. Program Income........................................................................................................17 Section 2. Uniform Administrative Requirements.....................................................................17 Section 3. Title VI of the Civil Rights Act of 1964...................................................................17 Section 4. Land Covenants ........................................................................................................18 Section 5. Executive Order No. 11063 ......................................................................................18 Section 6. Nondiscrimination.....................................................................................................18 Section 7. Affirmative Action....................................................................................................21 Section 8. Business and Employment Opportunities for Lower-Income Residents..................22 Section 9. Labor Standards........................................................................................................22 Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses........................................................................................22 Section 11. Conflict of Interest ..................................................................................................23 Section 12. Reversion of Assets.................................................................................................24 Section 13. Lobbying Prohibited ...............................................................................................24 Section 14. Faith-based Activities.............................................................................................24 Section 15. Audits and Inspections............................................................................................25 Section 16. City Requirements ..................................................................................................26 DRAFT
ii
Section 17. Prohibition Against Payment of Bonus or Commissions .......................................26 Section 18. Copyrights...............................................................................................................26 Section 19. Patents.....................................................................................................................26 Section 20. Political Activity Prohibited ...................................................................................26 Section 21. Board of Directors...................................................................................................27 Section 22. Notices ....................................................................................................................27 Section 23. Legal Representation ..............................................................................................27 Section 24. Joint Representation................................................................................................27 Section 25. Warranty of Authority.............................................................................................27 Section 26. No Waiver of Rights...............................................................................................28 Section 27. Counterparts............................................................................................................28 Section 28. No Third-Party Rights.............................................................................................28 Section 29. Modification............................................................................................................28 Section 30. Severability .............................................................................................................28 Section 31. Further Assurances..................................................................................................28 Section 32. Entire Agreement....................................................................................................28 Section 33. Rights and Obligations............................................................................................28 Section 34. Attorney Fees..........................................................................................................28 Section 35. Credit for Funding and City of Salinas...................................................................29 Section 36. Compliance with Laws ...........................................................................................29 Section 37. Close-outs ...............................................................................................................29 Section 38. Historic Preservation...............................................................................................29 EXHIBIT A – BUDGET .............................................................................................................. 31 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ................................................... 32 DRAFT
1 FISCAL YEAR 2024-25

AMERICAN RESCUE PLAN ACT (ARPA)

FUNDING AGREEMENT BETWEEN CITY OF SALINAS
AND
DOWNTOWN STREETS, INC.

FOR THE

SALINAS DST STREET OUTREACH AND RAPID REHOUSING PROGRAM Agreement Number: 24ARPA01
This American Rescue Plan Act (ARPA) Agreement ("Agreement"), made and entered into this 1th day of July 2024, by and between the City of Salinas, a charter city and municipal corporation, ("City"), and, Downtown Streets, Inc., a California non-profit corporation, (hereinafter referred to as "Subrecipient").

RECITALS
WHEREAS, the City of Salinas received a total of $51,567,313, in American Rescue Plan Act (ARPA) funding, in two payments; and
WHEREAS, ARPA funds must be obligated by the City Council by December 31, 2024, and expended by December 31, 2026, with ongoing Financial Department reporting requirements; and
WHEREAS, City Staff met with the Finance Committee on August 2, 2021, to discuss the ARPA Funds and recommendations to the City Council; and WHEREAS, Subrecipient was awarded ARPA funding to reimburse the cost of providing services to the community under this Agreement; and
WHEREAS, CDD funded Programs are subject to terms and conditions of ESG requirements, and the Funding Agreement through mutual agreement by both parties; and WHEREAS, the Subrecipient shall follow the regulations set forth by the U.S. Department of Housing and Urban Development (HUD), Emergency Solutions Grants program; and WHEREAS, the City wishes to continue engaging the Subrecipient and assist in utilizing such funds; and
NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined in Title I of the Housing and Community Development Act of 1974, or the Emergency Solutions Grant Regulations at 24 CFR Part 576, shall have the same meaning when used herein. a. "City” means the City of Salinas
b. ..

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2 c. “CDD” means Community Development Department, a department within the City of Salinas that develops housing policy and administers housing finance, economic development and community development programs.
d. “ARPA” means American Rescue Plan Act.
e. "ESG" means the Emergency Solutions Grant program.
f. “Project” means an awarded program.
g. “Subrecipient” means private nonprofit organization to which a recipient makes available ARPA funds
Section 2. Term
This Agreement shall commence on July 1, 2024, and expires on June 30, 2025, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement may be extended beyond the term upon mutual agreement by both parties set forth in this section.

Section 3. Scope of Service
This Agreement, including the attached budget, Exhibit A and Exhibit B - Scope of Work, herein made part of this agreement, is to be performed in accordance with HUD ESG regulations and this Agreement.
a. Activities
The Subrecipient will be responsible for administering the grant funds for Salinas DST Street Outreach and Rapid Rehousing program in a manner satisfactory to the City and consistent with ESG Regulations defined in 24 CFR 576.01 and the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20. Such program will include the following activities eligible under the ESG program:
i. Components and Objectives
The City funded programs provides funding primarily to five program components:
(1) street outreach; (2) emergency shelter; (3) homeless prevention; (4) rapid rehousing assistance; and (5) HMIS as defined in CFR 576.01 through 576.108. The City of Salinas prioritizes Projects with housing outcomes.

The objectives of the ESG program are to: (1) engage homeless individuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals and families, and (6) prevent families/individuals from becoming homeless as defined in 24 CFR Part 576. Each objective area or funded category, such as Emergency Shelter, Street Outreach, and Rapid Re-housing must enact in execution of objectives the Housing First philosophy and approach. b. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B-Scope of Work and herein made part of this agreement.
c. Staffing
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3 Subrecipients shall provide a list of staff time commitments to all grants awarded to this program with clean identification of staff committed funded through this Agreement. Staff allocated to this grant shall maintain consistent and notified the City immediately if any changes to Key Personnel or their general responsibilities occur under this project. Such changes are subject to the prior approval of the City of Salinas Planning Manager. The City must be contacted of any key personnel changes occur during the grant cycle. A Project must maintain adequate staffing throughout the awarded period. The Project cannot exceed a twenty percent (20%) staff vacancy, or more, for no longer than one (1) quarter in duration throughout the term of the funding. Additionally, staff must be fully trained in Best or Promising Practices, for example, Trauma-Informed approaches, that allow for fitting, appropriate services to be rendered for the funding category awarded. Agencies are expected to train staff in advance or within thirty (30) to sixty (60) days of start of Services. d. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards as stated above on a monthly and annual basis. If a Subrecipient has received a Finding during the FY 2023 Monitoring season, the City will request 3 random Client File’s during an initial 6-month period for review. If the Client Files are compliant with the recommended actions, the Finding will be resolved. Subrecipient will upload expense and activity reports as mentioned in Section 4d below which staff will review to assure compliance with program regulations. If Subrecipient fails to perform as determined by the City, this will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Subrecipient to reimburse funds mismanaged or misspent back to the State.

Section 4. Funding
The purpose of City funds is to engage unsheltered individuals and families living on the street, while meeting the immediate needs of people experiencing homelessness in unsheltered locations by provide linkages to services.
a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed ONE HUNDRED FORTY SEVEN THOUSAND DOLLARS ($147,000).
b. Funding Availability: Funding is contingent upon services provided under this Agreement meeting the requirements of the Emergency Solutions Grant Program, as outlined in Title 24, Code of Federal Regulations, Section 576 incorporated herein by reference and made a part hereof, by providing assistance to homeless individuals and families by undertaking Street Outreach activities. The availability of said funds is subject to the control of the City of Salinas, Community Development Department, Housing and Community Development and should said funds be encumbered, withdrawn or otherwise made unavailable to City, whether earned by or promised to Subrecipient, Subrecipient shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.

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4 It is specifically understood and agreed by Subrecipient that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subrecipient, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to Subrecipient for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.

Subrecipient is advised that additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subrecipient is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available. c. Use of Funds: The Subrecipient shall administer its program in conformance with 2 CFR 200, also known as Uniform Guidance. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. d. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly basis upon successful electronic submission of a “Expense Report” through the City’s online data management system (www.citydataservices.net), by Subrecipient indicating the amount of payment requested and a breakdown of expenditures consistent with Subrecipient's budget included in Exhibit A.

All costs shall be supported by properly executed redacted invoices, contracts, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges while in compliance with the Personally Identifying Information (PII) Policy.

Subrecipients are responsible to redact all backup documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance per the component requesting reimbursement. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City or designated agents thereof.

To streamline reporting and minimize administrative workload, the City and subrecipient have the option to collectively decide, to initially review up to three monthly reports. This review will entail a comparison of the subrecipient's supporting documentation with the requested reimbursement. Once alignment is confirmed and all aspects are coherent, the subrecipient can subsequently furnish a report generated from their accounting system which is approved by the City to fulfill the reporting requirements. This approach aims to balance accountability while optimizing efficiency in the reporting process. Upon mutual agreement from both parties, a memo will be used to memorialize the reporting requirements in this section. The City has the right to request complete supporting documents at any point during the term of this agreement, if and when a report doesn’t align with Subrecipient report from their accounting system.

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5 e. Financial Management and Accounting Standards
Subrecipient shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or his or her designee prior to payment. Payment requests are due on the 10
th day of each month. Should the 15
th
fall on a weekend or holiday, the Subrecipient is responsible to provide their report prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May 21, 2013. Payments shall be reimbursed based upon the prior month's expenditures and appropriate documentation must be submitted electronically. “Expense Report” submitted incorrectly, without being redacted, or without the completed “Activity Report” due on the 15th day of each month, shall be returned to Subrecipient by City. Funding shall only be provided for expenses incurred or services provided during the period commencing July 1, 2024, and ending June 30, 2025. Payment requests received by City after July 15, 2025, need not be considered for payment.

If any portion of the approved funding is neither expended nor encumbered by June 30, 2025, the allocation shall be correspondingly reduced, and the funds made available for other eligible activities and any amendment thereto. In order to ensure compliance with the federal and state regulations concerning timely expenditure of the City’s FY 2024-25, the Subrecipient above-mentioned project shall be completed within the timeframes specified in the Scope of Work (Exhibit B).

The Subrecipient may request an extension for the completion of the proposed scope of work however, it may not be granted. The Extension Request may only be approved on a case-by-case basis, only upon written request, and after City is grants approval.

Subrecipient shall email extension request to City’s grant administration for consideration and if approved, request shall be uploaded on the City Data Services (CDS) website at www.citydataservices.net.

Upon written request by Subrecipient, the Planning Manager may authorize such extension request, provided all City requirements are met. Upon review of the Request for Extension, the Planning Manager will provide a determination in writing to Subrecipient within 15 City of Salinas business working days.
f. End of Year Reporting
At the end of the Fiscal Year timeframe, Subrecipients must submit an annual HMIS CAPER Reporting for the program funded through this Agreement. This information must submitted to the City as a pdf file in a timely manner through CDS. End of Year Reports submitted after July 10, 2025, will be considered late and in violation of this section. g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subrecipient, City's Planning Manager (Housing Division) may authorize a budget revision only if the revision is between the same component. Budget Modifications reflecting adjustments between components will not be approved. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget DRAFT
6 modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure the City meets the State’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). Subrecipients spending rapid rehousing dollars are required to spend all their rapid rehousing funds.

Should an agency be at risk to not complete the rapid rehousing obligation of expenditure, the City reserves the right to reassess the grant and possibly de-obligate funding to another agency in order to meet the spending requirements for rapid rehousing.
i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subrecipient under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Subrecipient, in writing, of the facts or conduct which warrant(s) such belief and shall provide Subrecipient reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subrecipient fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subrecipient shall immediately refund to City the amount determined to be improperly expended. Monies refunded must come from non-ESG resources.

The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as the City shall have certified after audit, that all funds disbursed to Subrecipient under this Agreement were expended in accordance with the terms and conditions hereof. The Subrecipient would be required to re-pay any improperly spent funds to the City of Salinas.

Section 4A. City Program Requirements
Subrecipient shall comply with the following requirements set forth under this Agreement per funded activity, federal and state ESG regulations (24 CFR 576), and the City of Salinas Housing and Community Service Emergency Solutions Grant Operations Manual. a. Funding of homeless prevention activities for households that have received eviction notices or notices of termination of utility services shall meet the following requirements:
(i) the inability of the family to make the required payment must be the result of a sudden reduction in income; (ii) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (iii) there must be a reasonable prospect the family will be able to secure payment within a reasonable period of time; and (iv) the assistance must not supplant funding for pre-existing homeless prevention activities from any other source. Proof of determination and efforts to document duplication of benefits Checklist is required.
b. Whenever City funds are used to perform minor rehabilitation of a structure, said structure must be maintained as a shelter for the homeless for not less than a three-year period.

Whenever City funds are used for either major rehabilitation of a structure, or for DRAFT
7 conversion of a structure for use as an emergency shelter for the homeless, said structure shall be maintained as a shelter for not less than a ten-year period from the completion of the work. For the purpose of this Agreement, "Minor Rehabilitation/Renovation" means rehabilitation that involves costs totaling seventy-five percent (75%) or less of the value of the building before rehabilitation and "Major Rehabilitation" means rehabilitation that involves costs in excess of seventy-five percent (75%) of the value of the building before rehabilitation.
c. Any building in which City funds are used for essential services, or payment of operating expenses, must be maintained as a shelter for the homeless or a facility for assisting the homeless for the period during which such assistance is provided. For buildings with multiple tenants, this requirement applies only to the portion occupied by Subrecipient. d. Any building for which City funds are used for renovation, conversion or major rehabilitation must meet federal, state and local government safety and sanitation standards upon completion of work.
e. Homeless individuals and families must be given assistance in obtaining: (i) appropriate supportive services, including permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (ii) other Federal, State, local and private assistance available for such individuals.
f. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual served pursuant to this Agreement and/or provided family violence prevention or treatment services and further to ensure that the address or location of any family violence shelter will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. g. Subrecipient shall involve, to the maximum extent practicable, homeless individuals and families in policy–making and general operations such as renovation, operation and maintenance of facilities and the delivery of services. h. Subrecipient agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect the Universal Data Elements and report an array of data pertaining to homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system. Communities and homeless assistance providers use the data stored in HMIS to improve homeless assistance programs and better serve homeless persons meeting federal requirements of the Emergency Solutions Grant under the McKinney-Vento Homeless Assistance Act. In addition, sub recipients will agree to use HMIS as a case management tool to upload a Housing Stability Plan, Related Case Management Documentation, and services provided through the use of Service Transactions as required by the City.

All other requirements of the ESG Program per title 24 CFR Part 576.

Section 4B. Other Program Requirements
Subrecipient shall carry out each activity in compliance with all applicable federal laws and regulations as described below:

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8 Monitoring Grant Activities:
a. City shall monitor the activities selected to ensure compliance with all requirements. Onsite monitoring of Homeless Services shall occur annually after grant period. b. The City will monitor the performance of the Subrecipient based on a risk assessment and according to the terms of this Agreement.
c. If it is determined that the Subrecipient or any of its designees falsified any certifications, application information, financial, or contract report, the Subrecipient shall be required to immediately reimburse the full amount of the award to the City and may be prohibited from any further participation. The City may also impose any other actions permitted under 24 CFR 576.501 (c).
d. As requested by the City, Subrecipients shall submit all documentation necessary to ensure that Subrecipient are in continued compliance with all Program Requirements (24 CFR 576 & 24 CFR Part 84, Subpart C, Section 84.51) and to determine if objectives listed in proposal are being meet.
e. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.

Evaluation: The City reserves the right to survey Subrecipient’s clients. If the City elects to survey Subrecipient’s clients, the City will deliver questionnaires to the Subrecipient and the Subrecipient will distribute those questionnaires to Subrecipient’s clients. Subrecipient’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subrecipient’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subrecipient.

Disclosure of Confidential Client Information: City and Subrecipient will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subrecipient expressly acknowledges that City is subject to the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Subrecipient and its activities and services provided pursuant to this Agreement.

Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed.

Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subrecipient therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.

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9 Subrecipients shall comply with the Personally Identifying Information (PII) Policy. and are responsible to redact all documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance.

Policies and Procedures: Subrecipients are required to produce specific policies and procedures, consistent with the City of Salinas ESG Written Standards. Program policies and procedures must include coordinated entry and the use of HMIS; Coverage Area; Participant Eligibility; Suite of Services Offered; Staffing Pattern; Problem Solving to include diversions and/or rapid exit; Participants Termination and grievance process. All Policies and Procedures must comply with all applicable federal laws, statues, and regulations; provide assistance that is tailored to each participants specific needs and housing barriers; implement best practices for returning people experiencing sheltered homelessness safe, stable Permanent housing via person centered practices that are tailored to each household.

VAWA Requirement: Violence Against Women Act (VAWA), reauthorized in 2013, expanded protections for victims of domestic violence, sexual assault, dating violence, and stalking in City and all funded programs. VAWA protections apply to all survivors regardless of age, sex, gender identity, race, national origin, familial status, disability, and sexual orientation, and extend to individuals affiliated with victim, including spouses, parents, siblings, children, and anyone residing in the household. VAWA protects City and all program participants against denial of assistance and termination of assistance or eviction based on survivor status and factors directly related to domestic violence, including job history, credit history, criminal history, or rental history. VAWA protections must be documented in the lease or rental agreement and provided to the participants served.

A. VAWA Rule Components: A participant cannot be denied assistance, terminated from a program or evicted based on a status as a victim of domestic violence, sexual assault, dating violence, and stalking. An applicant cannot be denied access to housing or evicted based on factors directly related to the victimization, such as job history, credit history, criminal record, or rental history.

Notice of Occupancy Rights: A VAWA Notice of Occupancy Right and Victim SelfCertification Form (HUD Form-5380) must be given to a tenant by the Subrecipient when:

1. A program participant applies and is admitted to permanent housing or transitional housing.

2. An individual or family applies and is denied permanent housing or transitional housing.

3. A program participant receives notification of eviction.

4. A program participant is notified of termination of assistance.

5. In a tenant-based rental assistance, notice must also be given by the owner when a tenant receives notice of eviction.

Section 5. Records and Reports
Subrecipient shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly Activity Report, in a form determined by City, so that City may meet its record keeping and reporting requirements to City Council. These reports shall be due by the 15th day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required DRAFT
10 by City, Subrecipient shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City or designated agents thereof upon request as specified in 24 CFR Part 576.500, and 576.501. Subrecipient shall maintain all records required by the regulations specified in 24 CFR Part 576.500, and that are pertinent to the activities funded under this agreement; including but not limited to:
a. records demonstrating that funded activities meet one of the City’s Objectives from the City of Salinas Strategic Plan.
b. records must include the local CoC #506 third party documentation of homelessness and/or agency similar documentation approved by the City of Salinas; or have approval from City staff if it is not possible to get third party documentation on some clients; c. records required to determine the eligibility of activities; d. records stating the Subrecipient’s policies on procedures to document homelessness; e. records documenting compliance with fair housing and equal opportunity components; f. financial records as required by 24 CFR 576.500 and 24 CFR PART 84.21-28 (Revised 2 CFR, Part 215) agreeing to adhere to the accounting principles and procedures required therein, to employ adequate internal controls, and to maintain necessary source documentation for all costs incurred;
g. records demonstrating client eligibility for services provided (including-but not limited toclient name, address, income or other basis for determining eligibility, and description of service provided) and reports of milestones and schedules of programs as requested, per 24 CFR Parts 84 and 85;
h. other records necessary to document compliance with Subpart K of 24 CFR Part 570; i. the Annual Program Narrative Report due no later than July 10th, 2025; and j. performance reports will be provided from the Homeless Management Information System (HMIS) on a quarterly basis to City.

Subrecipient shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.

Section 6: Indemnity; Insurance
Subrecipient shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its DRAFT
11 officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.

Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Subrecipient or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City DRAFT
12 guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subrecipient or Contractor. General liability coverage can be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Subrecipient or Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents and subcontractors.

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13 Subrecipient shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subrecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.

Subrecipient shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.

Maintenance of insurance by Subrecipient as specified in this Agreement shall in no way be interpreted as relieving Subrecipient of any responsibility whatever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary.

In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which represents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.

Section 7. Subcontracts
Subrecipient may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subrecipient deems such to be proper and efficient.

Prior to Subrecipient entering into any agreement for any person or organization to render said services, the Subrecipient shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Subrecipient, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subrecipient is subject to under this Agreement and Subrecipient shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.

City shall in no event be liable to any subcontractor or any other creditor of Subrecipient and shall be liable to Subrecipient only in accordance with the terms and conditions of this Agreement.

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14 Section 8. Environmental Review (ER)
The environmental effects of the activity or project carried out must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities implementing regulations at 24 CFR parts 50 and 58. No funds may be committed to the activity or project before the completion of the Environmental Review (ER) and approval of the request of release of funds and related certification, except as authorized by 24 CFR Part 58. Subrecipient shall not commit funding to any property until City staff has approved the ER and has received clearance from the State Historic Preservation Office (SHPO) to commence work (only for properties over 50 years old).
a. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

Section 9. National Flood Insurance Program
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law 93-234, 42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) in accordance with the requirements of Section 102(a) of said Act.

Section 10. Lead-Based Paint
Any grants or loans made by Subrecipient for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35 Subpart B and 24 CFR 570.608.

Subrecipient will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing and abatement procedures concerning lead-based paint. Subrecipient must provide the lead hazard information pamphlet to any resident who will be residing in a unit built before 1978. The tenant must receive the pamphlet before moving into the unit. If Subrecipient can document the tenant received the pamphlet previously, Subrecipient is not required to provide it again.

Such regulations pertain to all ESG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending DRAFT
15 on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

For units older than 1978 which will house one or more children under the age of 6, landlord and tenant must complete a Lead-Based Paint Disclosure form. The form describes any known current or previous lead-based paint hazards, and documents tenant’s receipt of records and the lead hazard information pamphlet. Additionally, a visual lead-based paint assessment must be completed by a person trained in this inspection process. The inspection may be completed in conjunction with the habitability inspection if the inspector is qualified. At Intake, it should be noted on the Application Form if there will be any child in the household younger than 6 years. This information should be provided to the habitability inspector prior to their examination of the proposed rental unit.

Essential service activities, such as, counseling, case management, street outreach, referrals to employment, etc., are exempt and excluded from the lead-based paint inspection requirements.

Subrecipients much keep record in each client file when “Protect Your Family form Lead in Your Home” pamphlet is issued.

Section 11. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Federal, State or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Subrecipient, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of w specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.

Section 12. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Subrecipient to assign rights and responsibilities and restricts the right to modify this Agreement.

Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this agreement must be signed by the Board of Directors of the Subrecipient, if a corporation, or the management if not a corporation, and by the City of Salinas.

Section 13. Suspension and Termination
If Subrecipient materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Subrecipient. Subrecipient may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.

In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports of Subrecipient, become the property of City and Subrecipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.

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16 In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subrecipient, nor shall such payment impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Subrecipient the repayment to the City of any funds disbursed to Subrecipient under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subrecipient agrees to promptly refund any such funds upon demand.

Notwithstanding the above, Subrecipient shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Subrecipient, and City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due City from Subrecipient is determined.

Section 14. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.

This Agreement and all performance hereunder is subject to the Federal and State regulations, and Subrecipient agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.

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17 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:

Section 1. Program Income
Any income generated by Subrecipient from the use of ARPA Funds must be immediately reported as earned and returned to City.

Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subrecipient shall comply with the requirements and standards of Federal Office of Management and Budget Circular 2 CFR, Part 230, "Cost Principles for Non-Profit Organizations", and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 24 CFR Part 84, Subpart C, Sections 84.40 through 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.

Records shall be maintained in accordance with any other requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized by the City, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16). b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 2 CFR 200.

Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.

Compliance: The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.

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18 Subrecipient shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Subrecipient. Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "limited English proficient," or "LEP." Subrecipient shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subrecipient;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subrecipient and costs of modifying existing procedures.

After performing the four-factor analysis, Subrecipient is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Subrecipient's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subrecipient's staff will provide language services, how Subrecipient will train its staff to implement the LAP, providing public notice of the language services Subrecipient provides, and self-assessment and monitoring by Subrecipient of its LAP.

Section 4. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 99- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Subrecipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.

Section 5. Executive Order No. 11063
Subrecipient shall not discriminate because of race, color, religion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy thereof, if property is provided for in whole or in part by a grant of federal, state, local funds.

Section 6. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, DRAFT
19 shall be prohibited under the performance of this Agreement. Subrecipient shall comply with regulations found at Title 24, Code of Federal Regulations, Part 8, that complement Section 504 of the Rehabilitation Act of 1973.

The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subrecipient that employs less than fifteen (15) persons shall:
(a).Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6]
(b).Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR 8.51]
(ii) A Subrecipient that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a).Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
(b).Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any DRAFT
20 action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
(c).Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants and employees that the Subrecipient does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54] d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a).Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b).Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106]
(c).TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a).Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107] (b).Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
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21 Section 7. Affirmative Action
The Subrecipient agrees that it shall be committed to carry out pursuant to the Subrecipient’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
a. Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Subrecipient agrees to take reasonable steps to ensure that small businesses owned by women or by racial or ethnic minorities have the opportunity to compete for contracts resulting from this Agreement. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. c. Executive Order 11246 Equal Employment Opportunity and Affirmative Action (EEO/AA statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.

Affirmative Outreach
The Subrecipient will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Subrecipient intends to use to make known the availability of the facilities, assistance, and services will be available to DRAFT
22 reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Subrecipient must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subrecipients are required to take reasonable steps to ensure meaningful access to programs and activities for Limited English Proficiency (LEP) persons.

Section 8. Business and Employment Opportunities for Lower-Income Residents Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the regulations issued pursuant thereto at 24 CFR Part 135. Subrecipient is encouraged to the greatest extent feasible, to provide opportunities for training and employment be given to lower-income residents of the City of Salinas, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the City of Salinas.

Section 9. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less than eight units, Subrecipient and all contractors engaged under contracts in excess of $2,000 for construction work financed in whole or in part with assistance provided under this Agreement, shall comply with requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5, and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher rates. Subrecipient shall cause or require to be inserted in full in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. and, for such contracts in excess of $10,000, 29 CFR 5a.3.b.

The provisions of the Davis-Bacon Act, (40 U.S.C. 276a to 276a-5) do not apply to the this program.

Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses
If Subrecipient causes the involuntary temporary or permanent displacement of any person or business in connection with development of the Project, Subrecipient shall reimburse City for City's out-of-pocket costs and expenses, if any, related to compliance with 24 CFR 576.408, Policies for Displacement, Relocation, Acquisition, and Replacement of Housing, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("1970 Relocation Act"), and, if triggered by 24 CFR 92.353(e), Section 104(d) of the Housing and Community Development Act of 1974, including the costs of all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the 1970 Act, as amended, and the implementing regulations at 49 CFR Part 24. If triggered by 24 CFR 92.353(e), Subrecipient shall also reimburse City for City's out-of-pocket costs and expense to comply with Section 104(d) of the Housing and Community Development Act of 1974, and the implementing regulations at DRAFT
23 24 CFR 576.408. Subrecipient hereby agrees to indemnify City from and against, any and all claims and liabilities for relocation benefits required by the 1970 Act or other federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.

Section 11. Conflict of Interest
a. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Subrecipientshall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subrecipient and Sub-Subrecipients:

No employees, officer or agent of Subrecipient or any Sub-Subrecipient shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Subrecipient or his employees must be immediately disclosed to the City.

The Subrecipient agrees to abide by the provisions of 24 Section 576.404, ESG Conflict of Interest Provisions, specific to the ESG program; 404(a) organizational, 404(b) individuals and 404(c) contractors, which include (but are not limited to) the following:

1. The Subrecipient shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

2. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

3. No covered person who exercises or has exercised any functions or responsibilities with respect to City-assisted activities, or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest in any contract, subcontract, or agreement with respect to the Cityassisted activity, or with respect to the proceeds from the City-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, DRAFT
24 or elected or appointed official of the City, the Subrecipient, or any designated public agency.

Section 12. Reversion of Assets
Upon expiration of this Agreement, Subrecipient shall transfer to the City's fund any unexpended funds and any accounts receivable attributable to the use of City funds. Rapid Rehousing funds must be spent within the grant period by the Subrecipient. Residual assets derived from Subrecipient's use of City funds, such as fixtures and equipment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Subrecipient's assets derived from City funding, if any.

The City is responsible for expenditure on rapid rehousing dollars and agencies in charge of rapid rehousing dollars must ensure their agency meets the rapid rehousing expenditure.

Section 13. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

Subrecipient shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Subrecipients shall certify and disclose accordingly.

Section 14. Faith-based Activities
a. Faith-Based Activities Organizations: 24 CFR Part 576, Section 406 states Faith-based activities organizations that are directly funded under the this program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the funded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the Cityfunded programs or services. b. Religious Organizations: 24 CFR Part 576, Section 406(c) 576 states a religious organization that receives funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs, provided that it does not use direct funds to support any inherently religious activities, such as worship, religious instruction, or proselytization.

Among other things, Faith-based organizations may use space in their facilities to provide services without removing religious art, icon, scriptures, or other religious symbols. A funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious DRAFT
25 basis, and include religious references in its organization's mission statements and other governing documents.
c. Religious Discrimination: 24 CFR Part 576, Section 406(c) 576 states an organization receives City funds shall not, in providing that assistance, discriminate against a program participant or prospective program beneficiary on the basis of religion or religious belief. d. Subrecipients. Any sub-recipient of City funds provided under this Agreement shall abide by the terms under faith-based activities as described in Title 24 CFR 576.406 with religious activities.
e. Structures Used for Religious Activities 24 CFR Part 576, Section 406(e) states that funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities. Funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the funded program. Where a structure is used for both eligible and inherently religious activities, City funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to funds. Sanctuaries, chapels, or other rooms that an religious congregation uses as its principal place of worship, however, are ineligible for funded improvements under the program. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 24 CFR Parts 84 and 85).
f. Commingling Funds: 24 CFR Part 576, Section 406(f) states that if the recipient or a subrecipient that is a local government voluntarily contributes its own funds to supplement federally funded activities, the recipient or subrecipient has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, Section 24 CFR 576.406 applies to all of the commingled funds.

Section 15. Audits and Inspections
Subrecipient will, at any time during normal business hours and as often as City, may deem necessary, make available to City, in accordance with the state, federal, and local law, examination of all of Subrecipient's records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Subrecipient shall permit City, citizens notwithstanding 24 CFR 85.42 (f), and provide citizens with reasonable access to records regarding the past use of City funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.

Subrecipients receiving less than $500,000 a year in Federal Grants are exempt from Federal audit requirements, but Subrecipients' records, as may be covered by the attorney client privilege, must DRAFT
26 be available for review upon request by City, or representatives of the Comptroller General for examination. Subrecipients receiving $500,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with OMB Circular A-133.

Subrecipient further represents to City that Subrecipient, as a non-profit 501(c) (3) law firm, represents clients in confidential attorney-client relationships, and therefore neither Subrecipient, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subrecipient’s clients.

Section 16. City Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.

Section 17. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining City approval for such assistance, or any other approval or concurrence of City required under this Agreement, Title I of the Housing and Community Development Act of 1974, as amended, with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

Section 18. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of Housing and Urban Development and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.

Section 19. Patents
Any discovery or invention arising out of or developed during the course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the U. S.

Department of Housing and Urban Development and City as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

Section 20. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall comply with provisions of the Hatch Act, which limits political activities of employees.

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27 Section 21. Board of Directors
Subrecipient shall provide City with information regarding any changes in the Board of Directors or the management of Subrecipient no later than ten (10) days from the official change.

Section 22. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

City:

Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Subrecipient:

Executive Director
Downtown Streets, Inc.
1671 The Alameda, Suite 306
San Jose, CA 95126
Telephone: 408-899-7350
Section 23. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.

Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

Section 24. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Section 25. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

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28 Section 26. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.

Section 27. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

Section 28. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.

Section 29. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Subrecipient.

Section 30. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.

Section 31. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in a manner contemplated hereby.

Section 32. Entire Agreement
This Agreement constitutes the entire agreement between City and Subrecipient and is the final expression of City and Subrecipient with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subrecipient acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subrecipient.

Section 33. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Section 34. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled DRAFT
29 to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.

If awarded, City's attorneys' fees shall be calculated at the market rate.

Section 35. Credit for Funding and City of Salinas
The Subrecipient shall include the City of Salinas logo, where feasible, on website and written materials about the City-funded program and include a statement such as “This program funded, in part, by the U.S. Department of Housing and Urban Development in cooperation with the City of Salinas.”
Section 36. Compliance with Laws
Subrecipient’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state, and local laws and any rules or regulations promulgated thereunder.

Section 37. Close-outs
The Subrecipient’s obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over such funds, including program income.

Section 38. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

EXHIBIT A – Budget
EXHIBIT B - Scope of Work & Additional Goals

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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30 IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and DOWNTOWN STREETS, INC., a non-profit corporation, have executed this Agreement.

City of Salinas Subrecipient:

By: By:

Jim Pia, Acting City Manager Jim Rettew, Executive Director APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
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31 EXHIBIT A – BUDGET
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32 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
Scope of Work
Downtown Streets Inc. (DSI) operates through the Salinas Downtown Streets Team (DST) Program which will maintain its evidence-based best practice work experience program in the City of Salinas (City). The DST Program will continue to focus on cleanup efforts in the Chinatown area, Downtown corridor, Natividad Creek Park, Natividad Creek Park and assist in the maintenance of previously clean encampment sites, between 8 AM – 12 PM, five days a week excluding observed holidays, two week-long breaks and incidents of inclement weather.

DST Program Team Members will all have access to case management, employment services, referrals to other service providers and basic needs stipends. Each DST Program Team Member will be offered DSI’s unique optin and individualized case management approach.

DSI will continue with its standing DST Program team of at least 20 individuals and serve at least 40 unduplicated individuals in the year. Staffing will be comprised of a Regional Director, a Project Manager, two full-time Case Managers, one Housing Lead, and one Office Administrator/Outreach Coordinator. The DST Program Project Manager will act as the direct contact to the City and all project partners. The Case Managers will provide resources to Team Members, provide one-on-one case management sessions, provide employment services, advocate for Team Members and build partnerships with service providers, employer and landlord to place Team Members.

In January 2023, DSI launched a new model which includes part-time employment opportunities to former Team Members through our social enterprise, Streets Team Enterprises.

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FISCAL YEAR 2024-25

GENERAL FUND (GF)

SUBRECIPIENT AGREEMENT BETWEEN

THE CITY OF SALINAS AND
DOWNTOWN STREETS, INC.

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This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

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i
FISCAL YEAR 2024-25

GENERAL FUND (GF)

SUBRECIPIENT AGREEMENT BETWEEN CITY OF SALINAS
AND
DOWNTOWN STREETS, INC.

FOR THE

SALINAS DST STREET OUTREACH PROGRAM
Agreement Number: 24GF01
Table of Contents
PART I - AGREEMENT................................................................................................................ 1 Section 1. Definitions (as used in this Agreement)......................................................................1 Section 2. Term............................................................................................................................2 Section 3. Scope of Service .........................................................................................................2 Section 4. Funding .......................................................................................................................3 Section 4A. City Program Requirements.....................................................................................6 Section 4B. Other Program Requirements...................................................................................7 Section 5. Records and Reports...................................................................................................9 Section 6: Indemnity; Insurance ................................................................................................10 Section 7. Subcontracts..............................................................................................................13 Section 8. Environmental Review (ER).....................................................................................13 Section 9. National Flood Insurance Program...........................................................................14 Section 10. Lead-Based Paint ....................................................................................................14 Section 11. Amendment.............................................................................................................15 Section 12. Assignment .............................................................................................................15 Section 13. Suspension and Termination...................................................................................15 Section 14. Terms and Conditions.............................................................................................16 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 17 Section 1. Program Income........................................................................................................17 Section 2. Uniform Administrative Requirements.....................................................................17 Section 3. Title VI of the Civil Rights Act of 1964...................................................................17 Section 4. Land Covenants ........................................................................................................18 Section 5. Executive Order No. 11063 ......................................................................................18 Section 6. Nondiscrimination.....................................................................................................18 Section 7. Affirmative Action....................................................................................................21 Section 8. Business and Employment Opportunities for Lower-Income Residents..................22 Section 9. Labor Standards........................................................................................................22 Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses........................................................................................22 Section 11. Conflict of Interest ..................................................................................................23 Section 12. Reversion of Assets.................................................................................................24 Section 13. Lobbying Prohibited ...............................................................................................24 Section 14. Faith-based Activities.............................................................................................24 DRAFT
ii
Section 15. Audits and Inspections............................................................................................25 Section 16. City Requirements ..................................................................................................26 Section 17. Prohibition Against Payment of Bonus or Commissions .......................................26 Section 18. Copyrights...............................................................................................................26 Section 19. Patents.....................................................................................................................26 Section 20. Political Activity Prohibited ...................................................................................26 Section 21. Board of Directors...................................................................................................27 Section 22. Notices ....................................................................................................................27 Section 23. Legal Representation ..............................................................................................27 Section 24. Joint Representation................................................................................................27 Section 25. Warranty of Authority.............................................................................................27 Section 26. No Waiver of Rights...............................................................................................28 Section 27. Counterparts............................................................................................................28 Section 28. No Third-Party Rights.............................................................................................28 Section 29. Modification............................................................................................................28 Section 30. Severability .............................................................................................................28 Section 31. Further Assurances..................................................................................................28 Section 32. Entire Agreement....................................................................................................28 Section 33. Rights and Obligations............................................................................................28 Section 34. Attorney Fees..........................................................................................................28 Section 35. Credit for Funding and City of Salinas...................................................................29 Section 36. Compliance with Laws ...........................................................................................29 Section 37. Close-outs ...............................................................................................................29 Section 38. Historic Preservation...............................................................................................29 EXHIBIT A – BUDGET .............................................................................................................. 31 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ................................................... 32 DRAFT
1 FISCAL YEAR 2024-25

GENERAL FUND

FUNDING AGREEMENT BETWEEN CITY OF SALINAS
AND
DOWNTOWN STREETS, INC.

FOR THE

SALINAS DST STREET OUTREACH PROGRAM
Agreement Number: 24GF01
This General Fund (GF) Agreement ("Agreement"), made and entered into this 1th day of July 2024, by and between the City of Salinas, a charter city and municipal corporation, ("City"), and, Downtown Streets, Inc., a California non-profit corporation, (hereinafter referred to as "Subrecipient").

RECITALS
WHEREAS, on June 18, 2024, the City Manager submitted the operating budget for fiscal year 2024 to City Council which incorporated $590,000 in General Funds for Downtown Streets Inc., Salinas DST Street Outreach Program directed by City Council; and WHEREAS, CDD funded Programs are subject to terms and conditions of ESG requirements, and the Funding Agreement through mutual agreement by both parties; and WHEREAS, the Subrecipient shall follow the regulations set forth by the U.S. Department of Housing and Urban Development (HUD), Emergency Solutions Grants program.

NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined in Title I of the Housing and Community Development Act of 1974, or the Emergency Solutions Grant Regulations at 24 CFR Part 576, shall have the same meaning when used herein. a. "City” means the City of Salinas
b. “Subrecipient” shall mean an entity, whether public or private, which has the responsibility for administering a project or activity meeting the criteria specified by HUD Emergency Solutions Grant regulations (24 CFR 576.) that is authorized to carry out certain special activities.
c. “CDD” means Community Development Department, a department within the City of Salinas that develops housing policy and administers housing finance, economic development and community development programs
d. Emergency Solutions Grant, "ESG" means the Emergency Solutions Grant program. e. “Project” means an awarded program.

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2 Section 2. Term
This Agreement shall commence on July 1, 2024, and expires on June 30, 2025, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement may be extended beyond the term upon mutual agreement by both parties set forth in this section.

Section 3. Scope of Service
This Agreement, including the attached budget, Exhibit A and Exhibit B - Scope of Work, herein made part of this agreement, is to be performed in accordance with HUS ESG regulations and this Agreement.
a. Activities
The Subrecipient will be responsible for administering the General Fund grant for Salinas DST Street Outreach Program in a manner satisfactory to the City and consistent with ESG Regulations defined in 24 CFR 576.01 and the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20. Such program will include the following activities eligible under the ESG program:
b. Components and Objectives
The City funded programs provides funding primarily to five program components: (1) street outreach; (2) emergency shelter; (3) homeless prevention; (4) rapid re-housing assistance; and (5) HMIS as defined in CFR 576.01 through 576.108. The City of Salinas prioritizes Projects with housing outcomes.

The objectives of the ESG program are to: (1) engage homeless individuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals and families, and (6) prevent families/individuals from becoming homeless as defined in 24 CFR Part 576. Each objective area or funded category, such as Emergency Shelter, Street Outreach, and Rapid Re-housing must enact in execution of objectives the Housing First philosophy and approach.
c. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B-Scope of Work and herein made part of this agreement.
d. Staffing
Subrecipients shall provide a list of staff time commitments to all grants awarded to this program with clean identification of staff committed funded through this Agreement. Staff allocated to this grant shall maintain consistent and notified the City immediately if any changes to Key Personnel or their general responsibilities occur under this project. Such changes are subject to the prior approval of the City of Salinas Planning Manager. The City must be contacted of any key personnel changes occur during the grant cycle. A Project must maintain adequate staffing throughout the awarded period. The Project cannot exceed a twenty percent (20%) staff vacancy, or more, for no longer than one (1) quarter in duration throughout the term of the funding. Additionally, staff must be fully trained in Best or Promising Practices, for example, Trauma-Informed approaches, that allow for DRAFT
3 fitting, appropriate services to be rendered for the funding category awarded. Agencies are expected to train staff in advance or within thirty (30) to sixty (60) days of start of Services. e. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards as stated above on a monthly and annual basis. If a Subrecipient has received a Finding during the FY 2023 Monitoring season, the City will request 3 random Client File’s during an initial 6-month period for review. If the Client Files are compliant with the recommended actions, the Finding will be resolved. Subrecipient will upload expense and activity reports as mentioned in Section 4d below which staff will review to assure compliance with program regulations. If Subrecipient fails to perform as determined by the City, this will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Subrecipient to reimburse funds mismanaged or misspent back to the State.

Section 4. Funding
Purpose:

The purpose of City Funds is to engage unsheltered individuals and families living on the street, while meeting the immediate needs of people experiencing homelessness in unsheltered locations by provide linkages to services.
a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed FIVE HUNDRED NINTY THOUSAND DOLLARS ($590,000).
b. Funding Availability: Funding is contingent upon services provided under this Agreement meeting the requirements of the Emergency Solutions Grant Program, as outlined in Title 24, Code of Federal Regulations, Section 576 incorporated herein by reference and made a part hereof, by providing assistance to homeless individuals and families by undertaking Street Outreach activities. The availability of said funds is subject to the control of the City of Salinas, Community Development Department, Housing and Community Development and should said funds be encumbered, withdrawn or otherwise made unavailable to City, whether earned by or promised to Subrecipient, Subrecipient shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.

It is specifically understood and agreed by Subrecipient that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subrecipient, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available DRAFT
4 to Subrecipient for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.

Subrecipient is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subrecipient is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available. c. Use of Funds: The Subrecipient shall administer its program in conformance with 2 CFR 200, also known as Uniform Guidance. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. d. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly basis upon successful electronic submission of a “Expense Report” through the City’s online data management system (www.citydataservices.net), by Subrecipient indicating the amount of payment requested and a breakdown of expenditures consistent with Subrecipient's budget included in Exhibit A.

All costs shall be supported by properly executed redacted invoices, contracts, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges while in compliance with the Personally Identifying Information (PII) Policy.

Subrecipients are responsible to redact all backup documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance per the component requesting reimbursement. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City or designated agents thereof.

To streamline reporting and minimize administrative workload, the City and subrecipient have the option to collectively decide, to initially review up to three monthly reports. This review will entail a comparison of the subrecipient's supporting documentation with the requested reimbursement. Once alignment is confirmed and all aspects are coherent, the subrecipient can subsequently furnish a report generated from their accounting system which is approved by the City to fulfill the reporting requirements. This approach aims to balance accountability while optimizing efficiency in the reporting process. Upon mutual agreement from both parties, a memo will be used to memorialize the reporting requirements in this section. The City has the right to request complete supporting documents at any point during the term of this agreement, if and when a report doesn’t align with Subrecipient report from their accounting system. e. Financial Management and Accounting Standards
Subrecipient shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or his or her designee prior to payment. Payment requests are due on the 10
th day of each month. Should the 15
th
fall on a weekend or holiday, the Subrecipient is responsible to provide their report prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May DRAFT
5 21, 2013. Payments shall be reimbursed based upon the prior month's expenditures and appropriate documentation must be submitted electronically. “Expense Report” submitted incorrectly, without being redacted, or without the completed “Activity Report” due on the 15th day of each month, shall be returned to Subrecipient by City. Funding shall only be provided for expenses incurred or services provided during the period commencing July 1, 2024, and ending June 30, 2025. Payment requests received by City after July 15, 2025, need not be considered for payment.

If any portion of the approved funding is neither expended nor encumbered by June 30, 2025, the allocation shall be correspondingly reduced, and the funds made available for other eligible activities and any amendment thereto. In order to ensure compliance with the federal and state regulations concerning timely expenditure of the City’s FY 2024-25, the Subrecipient abovementioned project shall be completed within the timeframes specified in the Scope of Work (Exhibit B).

The Subrecipient may request an extension for the completion of the proposed scope of work however, it may not be granted. The Extension Request may only be approved on a case-by-case basis, only upon written request, and after City is grants approval.

Subrecipient shall email extension request to City’s grant administration for consideration and if approved, request shall be uploaded on the City Data Services (CDS) website at www.citydataservices.net.

Upon written request by Subrecipient, the Planning Manager may authorize such extension request, provided all City requirements are met. Upon review of the Request for Extension, the Planning Manager will provide a determination in writing to Subrecipient within 15 City of Salinas business working days.
f. End of Year Reporting
At the end of the Fiscal Year timeframe, Subrecipients must submit an Annual HMIS CAPER Reporting for the program funded through this Agreement. This information must submitted to the City as a pdf file in a timely manner through CDS. End of Year Reports submitted after July 10, 2025, will be considered late and in violation of this section. g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subrecipient, City's Planning Manager (Housing Division) may authorize a budget revision only if the revision is between the same component. Budget Modifications reflecting adjustments between components will not be approved. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure the City meets the State’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). Subrecipients DRAFT
6 spending rapid rehousing dollars are required to spend all their rapid rehousing funds.

Should an agency be at risk to not complete the rapid rehousing obligation of expenditure, the City reserves the right to reassess the grant and possibly de-obligate funding to another agency in order to meet the spending requirements for rapid rehousing.
i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subrecipient under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Subrecipient, in writing, of the facts or conduct which warrant(s) such belief and shall provide Subrecipient reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subrecipient fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subrecipient shall immediately refund to City the amount determined to be improperly expended. Monies refunded must come from non-ESG resources.

The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as the City shall have certified after audit, that all funds disbursed to Subrecipient under this Agreement were expended in accordance with the terms and conditions hereof. The Subrecipient would be required to re-pay any improperly spent funds to the City of Salinas.

Section 4A. City Program Requirements
Subrecipient shall comply with the following requirements set forth under this Agreement per funded activity, federal and state ESG regulations (24 CFR 576), and the City of Salinas Housing and Community Service Emergency Solutions Grant Operations Manual. a. Funding of homeless prevention activities for households that have received eviction notices or notices of termination of utility services shall meet the following requirements:
(i) the inability of the family to make the required payment must be the result of a sudden reduction in income; (ii) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (iii) there must be a reasonable prospect the family will be able to secure payment within a reasonable period of time; and (iv) the assistance must not supplant funding for pre-existing homeless prevention activities from any other source. Proof of determination and efforts to document duplication of benefits Checklist is required.
b. Whenever City funds are used to perform minor rehabilitation of a structure, said structure must be maintained as a shelter for the homeless for not less than a three-year period.

Whenever City funds are used for either major rehabilitation of a structure, or for conversion of a structure for use as an emergency shelter for the homeless, said structure shall be maintained as a shelter for not less than a ten-year period from the completion of the work. For the purpose of this Agreement, "Minor Rehabilitation/Renovation" means rehabilitation that involves costs totaling seventy-five percent (75%) or less of the value of the building before rehabilitation and "Major Rehabilitation" means rehabilitation that involves costs in excess of seventy-five percent (75%) of the value of the building before rehabilitation.

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7 c. Any building in which City funds are used for essential services, or payment of operating expenses, must be maintained as a shelter for the homeless or a facility for assisting the homeless for the period during which such assistance is provided. For buildings with multiple tenants, this requirement applies only to the portion occupied by Subrecipient. d. Any building for which City funds are used for renovation, conversion or major rehabilitation must meet federal, state and local government safety and sanitation standards upon completion of work.
e. Homeless individuals and families must be given assistance in obtaining: (i) appropriate supportive services, including permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (ii) other Federal, State, local and private assistance available for such individuals.
f. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual served pursuant to this Agreement and/or provided family violence prevention or treatment services and further to ensure that the address or location of any family violence shelter will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. g. Subrecipient shall involve, to the maximum extent practicable, homeless individuals and families in policy–making and general operations such as renovation, operation and maintenance of facilities and the delivery of services. h. Subrecipient agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect the Universal Data Elements and report an array of data pertaining to homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system. Communities and homeless assistance providers use the data stored in HMIS to improve homeless assistance programs and better serve homeless persons meeting federal requirements of the Emergency Solutions Grant under the McKinney-Vento Homeless Assistance Act. In addition, sub recipients will agree to use HMIS as a case management tool to upload a Housing Stability Plan, Related Case Management Documentation, and services provided through the use of Service Transactions as required by the City.

All other requirements of the ESG Program per title 24 CFR Part 576.

Section 4B. Other Program Requirements
Subrecipient shall carry out each activity in compliance with all applicable federal laws and regulations as described below:

Monitoring Grant Activities:
a. City shall monitor the activities selected to ensure compliance with all requirements. Onsite monitoring of Homeless Services shall occur annually after grant period. b. The City will monitor the performance of the Subrecipient based on a risk assessment and according to the terms of this Agreement.

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8 c. If it is determined that the Subrecipient or any of its designees falsified any certifications, application information, financial, or contract report, the Subrecipient shall be required to immediately reimburse the full amount of the ESG award to the City and may be prohibited from any further participation. The City may also impose any other actions permitted under 24 CFR 576.501 (c).
d. As requested by the City, Subrecipients shall submit all documentation necessary to ensure that Subrecipient are in continued compliance with all Program Requirements (24 CFR 576 & 24 CFR Part 84, Subpart C, Section 84.51) and to determine if objectives listed in proposal are being meet.
e. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.

Evaluation: The City reserves the right to survey Subrecipient’s clients. If the City elects to survey Subrecipient’s clients, the City will deliver questionnaires to the Subrecipient and the Subrecipient will distribute those questionnaires to Subrecipient’s clients. Subrecipient’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subrecipient’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subrecipient.

Disclosure of Confidential Client Information: City and Subrecipient will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subrecipient expressly acknowledges that City is subject to the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Subrecipient and its activities and services provided pursuant to this Agreement.

Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed.

Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subrecipient therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.

Subrecipients shall comply with the Personally Identifying Information (PII) Policy. and are responsible to redact all documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance.

Policies and Procedures: Subrecipients are required to produce specific policies and procedures, consistent with the City of Salinas ESG Written Standards. Program policies and procedures must include coordinated entry and the use of HMIS; Coverage Area; Participant DRAFT
9 Eligibility; Suite of Services Offered; Staffing Pattern; Problem Solving to include diversions and/or rapid exit; Participants Termination and grievance process. All Policies and Procedures must comply with all applicable federal laws, statues, and regulations; provide assistance that is tailored to each participants specific needs and housing barriers; implement best practices for returning people experiencing sheltered homelessness safe, stable Permanent housing via person centered practices that are tailored to each household.

VAWA Requirement: Violence Against Women Act (VAWA), reauthorized in 2013, expanded protections for victims of domestic violence, sexual assault, dating violence, and stalking in City and all funded programs. VAWA protections apply to all survivors regardless of age, sex, gender identity, race, national origin, familial status, disability, and sexual orientation, and extend to individuals affiliated with victim, including spouses, parents, siblings, children, and anyone residing in the household. VAWA protects City and all program participants against denial of assistance and termination of assistance or eviction based on survivor status and factors directly related to domestic violence, including job history, credit history, criminal history, or rental history. VAWA protections must be documented in the lease or rental agreement and provided to the participants served.

A. VAWA Rule Components: A participant cannot be denied assistance, terminated from a program or evicted based on a status as a victim of domestic violence, sexual assault, dating violence, and stalking. An applicant cannot be denied access to housing or evicted based on factors directly related to the victimization, such as job history, credit history, criminal record, or rental history.

Notice of Occupancy Rights: A VAWA Notice of Occupancy Right and Victim SelfCertification Form (HUD Form-5380) must be given to a tenant by the Subrecipient when:

1. A program participant applies and is admitted to permanent housing or transitional housing.

2. An individual or family applies and is denied permanent housing or transitional housing.

3. A program participant receives notification of eviction.

4. A program participant is notified of termination of assistance.

5. In a tenant-based rental assistance, notice must also be given by the owner when a tenant receives notice of eviction.

Section 5. Records and Reports
Subrecipient shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly Activity Report, in a form determined by City, so that City may meet its record keeping and reporting requirements to City Council. These reports shall be due by the 15th day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required by City, Subrecipient shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City or designated agents thereof upon request as specified in 24 CFR Part 576.500, and 576.501. Subrecipient shall maintain all records required by the regulations specified in 24 CFR Part 576.500, and that are pertinent to the activities funded under this agreement; including but not limited to:

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10 a. records demonstrating that funded activities meet one of the City’s Objectives from the City of Salinas Strategic Plan.
b. records must include the local CoC #506 third party documentation of homelessness and/or agency similar documentation approved by the City of Salinas; or have approval from City staff if it is not possible to get third party documentation on some clients; c. records required to determine the eligibility of activities; d. records stating the Subrecipient’s policies on procedures to document homelessness; e. records documenting compliance with fair housing and equal opportunity components; f. financial records as required by 24 CFR 576.500 and 24 CFR PART 84.21-28 (Revised 2 CFR, Part 215) agreeing to adhere to the accounting principles and procedures required therein, to employ adequate internal controls, and to maintain necessary source documentation for all costs incurred;
g. records demonstrating client eligibility for services provided (including-but not limited toclient name, address, income or other basis for determining eligibility, and description of service provided) and reports of milestones and schedules of programs as requested, per 24 CFR Parts 84 and 85;
h. other records necessary to document compliance with Subpart K of 24 CFR Part 570; i. the Annual Program Narrative Report due no later than July 10th, 2025; and j. performance reports will be provided from the Homeless Management Information System (HMIS) on a quarterly basis to City.

Subrecipient shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.

Section 6: Indemnity; Insurance
Subrecipient shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

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11 Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.

Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.

If the Subrecipient or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
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12 The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subrecipient or Contractor. General liability coverage can be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitted by Subrecipient or Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents and subcontractors.

Subrecipient shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the DRAFT
13 insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subrecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.

Subrecipient shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.

Maintenance of insurance by Subrecipient as specified in this Agreement shall in no way be interpreted as relieving Subrecipient of any responsibility whatever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary.

In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which represents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.

Section 7. Subcontracts
Subrecipient may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subrecipient deems such to be proper and efficient.

Prior to Subrecipient entering into any agreement for any person or organization to render said services, the Subrecipient shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Subrecipient, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subrecipient is subject to under this Agreement and Subrecipient shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.

City shall in no event be liable to any subcontractor or any other creditor of Subrecipient and shall be liable to Subrecipient only in accordance with the terms and conditions of this Agreement.

Section 8. Environmental Review (ER)
The environmental effects of the activity or project carried out must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities implementing regulations at 24 CFR parts 50 and 58. No funds may be committed to the activity or project before the completion of the Environmental Review (ER) and approval of the request of release of funds and related certification, except as authorized by 24 CFR Part 58. Subrecipient shall not commit funding to any property until City staff has approved DRAFT
14 the ER and has received clearance from the State Historic Preservation Office (SHPO) to commence work (only for properties over 50 years old).
a. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

Section 9. National Flood Insurance Program
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law 93-234, 42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) in accordance with the requirements of Section 102(a) of said Act.

Section 10. Lead-Based Paint
Any grants or loans made by Subrecipient for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35 Subpart B and 24 CFR 570.608.

Subrecipient will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing and abatement procedures concerning lead-based paint. Subrecipient must provide the lead hazard information pamphlet to any resident who will be residing in a unit built before 1978. The tenant must receive the pamphlet before moving into the unit. If Subrecipient can document the tenant received the pamphlet previously, Subrecipient is not required to provide it again.

Such regulations pertain to all ESG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

For units older than 1978 which will house one or more children under the age of 6, landlord and tenant must complete a Lead-Based Paint Disclosure form. The form describes any known current or previous lead-based paint hazards, and documents tenant’s receipt of records and the lead hazard information pamphlet. Additionally, a visual lead-based paint assessment must be completed by a person trained in this inspection process. The inspection may be completed in conjunction with the habitability inspection if the inspector is qualified. At Intake, it should be noted on the DRAFT
15 Application Form if there will be any child in the household younger than 6 years. This information should be provided to the habitability inspector prior to their examination of the proposed rental unit.

Essential service activities, such as, counseling, case management, street outreach, referrals to employment, etc., are exempt and excluded from the lead-based paint inspection requirements.

Subrecipients much keep record in each client file when “Protect Your Family form Lead in Your Home” pamphlet is issued.

Section 11. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Federal, State or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Subrecipient, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of w specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.

Section 12. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Subrecipient to assign rights and responsibilities and restricts the right to modify this Agreement.

Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this agreement must be signed by the Board of Directors of the Subrecipient, if a corporation, or the management if not a corporation, and by the City of Salinas.

Section 13. Suspension and Termination
If Subrecipient materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Subrecipient. Subrecipient may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.

In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports of Subrecipient, become the property of City and Subrecipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.

In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subrecipient, nor shall such payment impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Subrecipient the repayment to the City of any funds disbursed to Subrecipient under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subrecipient agrees to promptly refund any such funds upon demand.

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16 Notwithstanding the above, Subrecipient shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Subrecipient, and City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due City from Subrecipient is determined.

Section 14. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.

This Agreement and all performance hereunder is subject to the Federal and State regulations, and Subrecipient agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.

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17 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:

Section 1. Program Income
Any income generated by Subrecipient from the use of General Funds must be immediately reported as earned and returned to City.

Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subrecipient shall comply with the requirements and standards of Federal Office of Management and Budget Circular 2 CFR, Part 230, "Cost Principles for Non-Profit Organizations", and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 24 CFR Part 84, Subpart C, Sections 84.40 through 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.

Records shall be maintained in accordance with any other requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized by the City, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16). b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 2 CFR 200.

Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.

Compliance: The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.

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18 Subrecipient shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Subrecipient. Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "limited English proficient," or "LEP." Subrecipient shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subrecipient;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subrecipient and costs of modifying existing procedures.

After performing the four-factor analysis, Subrecipient is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Subrecipient's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subrecipient's staff will provide language services, how Subrecipient will train its staff to implement the LAP, providing public notice of the language services Subrecipient provides, and self-assessment and monitoring by Subrecipient of its LAP.

Section 4. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 99- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Subrecipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.

Section 5. Executive Order No. 11063
Subrecipient shall not discriminate because of race, color, religion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy thereof, if property is provided for in whole or in part by a grant of CDBG or ESG funds.

Section 6. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, DRAFT
19 shall be prohibited under the performance of this Agreement. Subrecipient shall comply with regulations found at Title 24, Code of Federal Regulations, Part 8, that complement Section 504 of the Rehabilitation Act of 1973.

The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subrecipient that employs less than fifteen (15) persons shall:
(a).Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6]
(b).Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR 8.51]
(ii) A Subrecipient that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a).Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
(b).Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any DRAFT
20 action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
(c).Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants and employees that the Subrecipient does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54] d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a).Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b).Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106]
(c).TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a).Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107] (b).Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
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21 Section 7. Affirmative Action
The Subrecipient agrees that it shall be committed to carry out pursuant to the Subrecipient’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
a. Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Subrecipient agrees to take reasonable steps to ensure that small businesses owned by women or by racial or ethnic minorities have the opportunity to compete for contracts resulting from this Agreement. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. c. Executive Order 11246 Equal Employment Opportunity and Affirmative Action (EEO/AA statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.

Affirmative Outreach
The Subrecipient will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Subrecipient intends to use to make known the availability of the facilities, assistance, and services will be available to DRAFT
22 reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Subrecipient must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subrecipients are required to take reasonable steps to ensure meaningful access to programs and activities for Limited English Proficiency (LEP) persons.

Section 8. Business and Employment Opportunities for Lower-Income Residents Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the regulations issued pursuant thereto at 24 CFR Part 135. Subrecipient is encouraged to the greatest extent feasible, to provide opportunities for training and employment be given to lower-income residents of the City of Salinas, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the City of Salinas.

Section 9. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less than eight units, Subrecipient and all contractors engaged under contracts in excess of $2,000 for construction work financed in whole or in part with assistance provided under this Agreement, shall comply with requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5, and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher rates. Subrecipient shall cause or require to be inserted in full in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. and, for such contracts in excess of $10,000, 29 CFR 5a.3.b.

The provisions of the Davis-Bacon Act, (40 U.S.C. 276a to 276a-5) do not apply to the ESG program.

Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses
If Subrecipient causes the involuntary temporary or permanent displacement of any person or business in connection with development of the Project, Subrecipient shall reimburse City for City's out-of-pocket costs and expenses, if any, related to compliance with 24 CFR 576.408, Policies for Displacement, Relocation, Acquisition, and Replacement of Housing, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("1970 Relocation Act"), and, if triggered by 24 CFR 92.353(e), Section 104(d) of the Housing and Community Development Act of 1974, including the costs of all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the 1970 Act, as amended, and the implementing regulations at 49 CFR Part 24. If triggered by 24 CFR 92.353(e), Subrecipient shall also reimburse City for City's out-of-pocket costs and expense to comply with Section 104(d) of the Housing and Community Development Act of 1974, and the implementing regulations at DRAFT
23 24 CFR 576.408. Subrecipient hereby agrees to indemnify City from and against, any and all claims and liabilities for relocation benefits required by the 1970 Act or other federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.

Section 11. Conflict of Interest
a. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Subrecipientshall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subrecipient and SubSubrecipients:

No employees, officer or agent of Subrecipient or any subSubrecipient shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Subrecipient or his employees must be immediately disclosed to the City.

The Subrecipient agrees to abide by the provisions of 24 Section 576.404, ESG Conflict of Interest Provisions, specific to the ESG program; 404(a) organizational, 404(b) individuals and 404(c) contractors, which include (but are not limited to) the following:

1. The Subrecipient shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

2. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

3. No covered person who exercises or has exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest in any contract, subcontract, or agreement with respect to the CDBGassisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, DRAFT
24 consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency.

Section 12. Reversion of Assets
Upon expiration of this Agreement, Subrecipient shall transfer to the City's ESG fund any unexpended funds and any accounts receivable attributable to the use of ESG funds. Rapid Rehousing funds must be spent within the grant period by the Subrecipient. Residual assets derived from Subrecipient's use of ESG funds, such as fixtures and equipment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Subrecipient's assets derived from ESG funding, if any.

The City is responsible for expenditure on rapid rehousing dollars and agencies in charge of rapid rehousing dollars must ensure their agency meets the rapid rehousing expenditure.

Section 13. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

Subrecipient shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Subrecipients shall certify and disclose accordingly.

Section 14. Faith-based Activities
a. Faith-Based Activities Organizations: 24 CFR Part 576, Section 406 states Faith-based activities organizations that are directly funded under the this program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the funded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the Cityfunded programs or services. b. Religious Organizations: 24 CFR Part 576, Section 406(c) 576 states a religious organization that receives funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs, provided that it does not use direct funds to support any inherently religious activities, such as worship, religious instruction, or proselytization.

Among other things, Faith-based organizations may use space in their facilities to provide services without removing religious art, icon, scriptures, or other religious symbols. A funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious DRAFT
25 basis, and include religious references in its organization's mission statements and other governing documents.
c. Religious Discrimination: 24 CFR Part 576, Section 406(c) 576 states an organization receives City funds shall not, in providing that assistance, discriminate against a program participant or prospective program beneficiary on the basis of religion or religious belief. d. Subrecipients. Any sub-recipient of City funds provided under this Agreement shall abide by the terms under faith-based activities as described in Title 24 CFR 576.406 with religious activities.
e. Structures Used for Religious Activities 24 CFR Part 576, Section 406(e) states that funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities. Funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the funded program. Where a structure is used for both eligible and inherently religious activities, City funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to funds. Sanctuaries, chapels, or other rooms that an religious congregation uses as its principal place of worship, however, are ineligible for funded improvements under the program. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 24 CFR Parts 84 and 85).
f. Commingling Funds: 24 CFR Part 576, Section 406(f) states that if the recipient or a subrecipient that is a local government voluntarily contributes its own funds to supplement federally funded activities, the recipient or subrecipient has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, Section 24 CFR 576.406 applies to all of the commingled funds.

Section 15. Audits and Inspections
Subrecipient will, at any time during normal business hours and as often as City, may deem necessary, make available to City, in accordance with the state, federal, and local law, examination of all of Subrecipient's records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Subrecipient shall permit City, citizens notwithstanding 24 CFR 85.42 (f), and provide citizens with reasonable access to records regarding the past use of City funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.

Subrecipients receiving less than $500,000 a year in Federal Grants are exempt from Federal audit requirements, but Subrecipients' records, as may be covered by the attorney client privilege, must DRAFT
26 be available for review upon request by City, or representatives of the Comptroller General for examination. Subrecipients receiving $500,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with OMB Circular A-133.

Subrecipient further represents to City that Subrecipient, as a non-profit 501(c) (3) law firm, represents clients in confidential attorney-client relationships, and therefore neither Subrecipient, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subrecipient’s clients.

Section 16. City Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.

Section 17. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining City approval for such assistance, or any other approval or concurrence of City required under this Agreement, Title I of the Housing and Community Development Act of 1974, as amended, with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

Section 18. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of Housing and Urban Development and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.

Section 19. Patents
Any discovery or invention arising out of or developed during the course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the U. S.

Department of Housing and Urban Development and City as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.

Section 20. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall comply with provisions of the Hatch Act, which limits political activities of employees.

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27 Section 21. Board of Directors
Subrecipient shall provide City with information regarding any changes in the Board of Directors or the management of Subrecipient no later than ten (10) days from the official change.

Section 22. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

City:

Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Subrecipient:

Executive Director
Downtown Streets, Inc.
1671 The Alameda, Suite 306
San Jose, CA 95126
Telephone: 408-899-7350
Section 23. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.

Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.

Section 24. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Section 25. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

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28 Section 26. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.

Section 27. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.

Section 28. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.

Section 29. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Subrecipient.

Section 30. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.

Section 31. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in a manner contemplated hereby.

Section 32. Entire Agreement
This Agreement constitutes the entire agreement between City and Subrecipient and is the final expression of City and Subrecipient with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subrecipient acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subrecipient.

Section 33. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

Section 34. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled DRAFT
29 to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.

If awarded, City's attorneys' fees shall be calculated at the market rate.

Section 35. Credit for Funding and City of Salinas
The Subrecipient shall include the City of Salinas logo, where feasible, on website and written materials about the City-funded program, and include a statement such as “This program funded, in part, by the U.S. Department of Housing and Urban Development in cooperation with the City of Salinas.”
Section 36. Compliance with Laws
Subrecipient’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state and local laws and any rules or regulations promulgated thereunder.

Section 37. Close-outs
The Subrecipient’s obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.

Section 38. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

EXHIBIT A – Budget
EXHIBIT B - Scope of Work & Additional Goals

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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30 IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and DOWNTOWN STREETS, INC., a non-profit corporation, have executed this Agreement.

City of Salinas Subrecipient:

By: By:

Rene Mendez, City Manager Jim Rettew, Executive Director APPROVED AS TO FORM:

By:

Christopher A. Callihan, City Attorney
Rhonda Combs, Assistant City Attorney
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31 EXHIBIT A – BUDGET
Pending Negotiations
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32 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
Scope of Work
Pending Negotiations
Downtown Streets Inc. (DSI) operates through the Salinas Downtown Streets Team (DST) Program which will maintain its evidence-based best practice work experience program in the City of Salinas (City).

The DST Program will continue to focus on cleanup efforts in the Chinatown area, Downtown corridor, Natividad Creek Park, Natividad Creek Park and assist in the maintenance of previously clean encampment sites, between 8 AM – 12 PM, five days a week excluding observed holidays, two weeklong breaks and incidents of inclement weather.

DST Program Team Members will all have access to case management, employment services, referrals to other service providers and basic needs stipends. Each DST Program Team Member will be offered DSI’s unique opt-in and individualized case management approach.

DSI will continue with its standing DST Program team of at least 20 individuals and serve at least 40 unduplicated individuals in the year. Staffing will be comprised of a Regional Director, a Project Manager, two full-time Case Managers, one Housing Lead, and one Office Administrator/Outreach Coordinator.

The DST Program Project Manager will act as the direct contact to the City and all project partners. The Case Managers will provide resources to Team Members, provide one-on-one case management sessions, provide employment services, advocate for Team Members and build partnerships with service providers, employer and landlord to place Team Members.

In January 2023, DSI launched a new model which includes part-time employment opportunities to former Team Members through our social enterprise, Streets Team Enterprises DRAFT
1 FISCAL YEAR 2024-25

HCD ESG

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN

THE CITY OF SALINAS
AND
DOWNTOWN STREETS, INC.

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2 This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.

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i
FISCAL YEAR 2024-25

HCD ESG

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN

THE CITY OF SALINAS
AND

DOWNTOWN STREETS, INC
Agreement Number:24SESG01
Table of Contents
RECITALS ..................................................................................................................................... 1 PART I - AGREEMENT................................................................................................................ 2 Section 1. Definitions (as used in this Agreement)......................................................................2 Section 2. Term............................................................................................................................2 Section 3. Scope of Service .........................................................................................................2 Section 4. Funding .......................................................................................................................4 Section 4A. Non-Entitlement State ESG Program Requirements...............................................7 Section 4B. Other Program Requirements...................................................................................8 Section 5. Records and Reports...................................................................................................9 Section 6: Indemnity; Insurance ..................................................................................................9 Section 7. Subcontracts..............................................................................................................12 Section 8. Environmental Review (ER).....................................................................................13 Section 9. National Flood Insurance Program ...........................................................................13 Section 10. Lead-Based Paint ....................................................................................................13 Section 11. Amendment.............................................................................................................14 Section 12. Assignment .............................................................................................................14 Section 13. Suspension and Termination...................................................................................14 Section 14. Terms and Conditions.............................................................................................15 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 16 Section 1. Program Income........................................................................................................16 Section 2. Uniform Administrative Requirements.....................................................................16 Section 3. Title VI of the Civil Rights Act of 1964...................................................................16 Section 4. Land Covenants ........................................................................................................17 Section 5. Executive Order No. 11063 ......................................................................................17 Section 6. Nondiscrimination.....................................................................................................17 Section 7. Affirmative Action....................................................................................................19 Section 8. Business and Employment Opportunities for Lower-Income Residents..................21 Section 9. Labor Standards........................................................................................................21 Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses........................................................................................21 Section 11. Conflict of Interest ..................................................................................................21 Section 12. Reversion of Assets.................................................................................................22 DRAFT
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Section 13. Lobbying Prohibited ...............................................................................................23 Section 14. Faith-based Activities .............................................................................................23 Section 15. Audits and Inspections............................................................................................24 Section 16. HUD Requirements.................................................................................................24 Section 17. Prohibition Against Payment of Bonus or Commissions .......................................25 Section 18. Copyrights...............................................................................................................25 Section 19. Patents.....................................................................................................................25 Section 20. Political Activity Prohibited ...................................................................................25 Section 21. Board of Directors...................................................................................................25 Section 22. Notices ....................................................................................................................25 Section 23. Legal Representation ..............................................................................................26 Section 24. Joint Representation................................................................................................26 Section 25. Warranty of Authority.............................................................................................26 Section 26. No Waiver of Rights...............................................................................................26 Section 27. Counterparts............................................................................................................26 Section 28. No Third-Party Rights.............................................................................................27 Section 29. Modification............................................................................................................27 Section 30. Severability .............................................................................................................27 Section 31. Further Assurances..................................................................................................27 Section 32. Entire Agreement....................................................................................................27 Section 33. Rights and Obligations............................................................................................27 Section 34. Attorney Fees..........................................................................................................27 Section 35. Credit for HUD Funding and City of Salinas .........................................................27 Section 36. Compliance with Laws ...........................................................................................27 Section 37. Close-outs ...............................................................................................................28 Section 38. Historic Preservation...............................................................................................28 EXHIBIT A – BUDGET .............................................................................................................. 30 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ................................................... 31 DRAFT
1 FISCAL YEAR 2024-25

HCD ESG

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN

THE CITY OF SALINAS
AND

DOWNTOWN STREETS, INC
Agreement Number:24SESG01
This State Emergency Solutions Grant (ESG) Agreement ("Agreement"), made and entered into this first day of July 1, 2024, by and between the City of Salinas, a charter city and municipal corporation, ("City"), and, Downtown Streets, Inc. (DSI), a California non-profit corporation, (hereinafter referred to as "Grantee").

RECITALS
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (NOFA) dated August 17, 2021, under the California Emergency Solutions Grant (ESG) Program (“Program”); and WHEREAS, City of Salinas is an approved State of California ESG Administrative Entity (AE) and has made these funds available to eligible recipients/Grantees, including private nonprofit organizations; and WHEREAS, the Department has approved funding allocations for the ESG Program, subject to terms and conditions of the NOFA, Program guidelines and requirements, and the Standard Agreement and other contracts between Department and ESG grant recipients; and WHEREAS, ESG funds are available for emergency shelter operations and essential supportive services for homeless prevention, rapid re-housing, and grant administration; and WHEREAS, ESG funds may be used in non-entitlement and entitlement areas within San Benito and Monterey Counties; and
WHEREAS, the Grantee must make matching contributions to supplement the Grantee’s ESG program in an amount that equals the Grantee’s fiscal year grant for ESG and each matching contribution must meet the requirements under 2 CFR 200.306; and WHEREAS, Grantee is going to use the City’s General Fund agreement as a matching contribution; and
WHEREAS, the City of Salinas was authorized by the Salinas/Monterey and San Benito Counties Continuum of Care (CoC) to be the Administrative Entity (AE) for the HCD ESG Program; and
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2 WHEREAS, the Grantee follows the regulations set forth by the Department of Housing and Community Development (HCD), Emergency Solutions Grants Program State Regulations under the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20.

NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined in Title I of the Housing and Community Development Act of 1974, or the HUD Emergency Solutions Grant Regulations at 24 CFR Part 576, shall have the same meaning when used herein. a. “Grantee” shall mean an entity, whether public or private, which has the responsibility for administering a project or activity meeting the criteria specified by HUD in the Emergency Solutions Grant regulations (24 CFR 576.) that is authorized to use ESG funds to carry out certain special activities.
b. "HUD" means the U.S. Department of Housing and Urban Development, or a person authorized to act on behalf of the Department.
c. Emergency Solutions Grant, "ESG" means the Emergency Solutions Grant program. d. “Proposal" means the agency’s application submitted to the City of Salinas requesting ESG funding.
e. “Project” means an awarded program executed by an awarded Agency.

Section 2. Term
This Agreement shall commence on July 1, 2024, and expires on June 30, 2025, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement may not be extended beyond the term set forth in this section.

Section 3. Scope of Service
This Agreement, including the attached budget, Exhibit A and Exhibit B- Project Timeline, herein made part of this agreement, is to be performed in accordance with Grantee's FY 2024-25 Funding Proposal/Application for funding ("Proposal") dated February 04, 2021 and addendums as applicable, on file at the City of Salinas, Community and Economic Development DepartmentHousing Division, and incorporated herein by this reference. a. Activities
The Grantee will be responsible for administering the ESG grant for DSI Rapid Rehousing and Homeless Prevention Services in a manner satisfactory to the City/AE and consistent with ESG Regulations defined in 24 CFR 576.01 and the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20. Such program will include the following activities eligible under the ESG program:
b. Components and Objectives
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3 As the Administrative Entity, the City of Salinas establishes priority to Projects with housing outcomes given the dire need. The ESG program provides funding for five program components: (1) street outreach; (2) emergency shelter; (3) homeless prevention; (4) rapid re-housing assistance; and (5) HMIS as defined in CFR 576.01 through 576.108.

The objectives of the ESG program are to: (1) engage homeless individuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals and families, and (6) prevent families/individuals from becoming homeless as defined in 24 CFR Part 576. Each objective area or funded category, such as Emergency Shelter, Rapid Re-housing, or Street Outreach must enact in execution Housing First philosophy and approach. c. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B-Project Timeline and herein made part of this agreement.
d. Staffing
The list of staff and time commitments to be allocated to each activity are included in Section 5 of the Grantee’s FY 2021-22 application. Any changes in the Key Personnel assisted or their general responsibilities under this project are subject to the prior approval of the Grantee and the City must be contacted if any key personnel changes occur during the grant cycle. An awarded Project must maintain adequate staffing throughout the award period. The Project cannot exceed a 20% staff vacancy (or more) for no longer than one (1) quarter in duration. The Project staff, as well as those operating at a City facility, must be fully trained in relevant Best or Promising Practices, such as, but not limited, to Housing First, or must receive appropriate training within (30) days of start of services to allow for the rendering of fitting, adequate services for the awarded funding category. e. Performance Monitoring
The City will monitor the performance of the Grantee against goals and performance standards as stated above. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Grantee within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Grantee to reimburse funds mismanaged or misspent back to the State. In addition to HUD performance standards, located at the link below, some examples of substandard performance are: a pattern of inadequate staffing levels; inadequate progress towards outcome achievement, as delineated in Exhibit B – Scope of Work and Additional Goals; deficiency in timeliness of overall reporting, including both activity and expense reporting. More than (2) two late reports results in a deficiency, with exception for transitions to new reporting tools/system, the consequence of which will be a demerit of points counted against future funding applications; deficiencies in spending down grant funds timely; substandard performance also includes leaving any grant funds unspent at end of grant term. The HUD exchange link, which delineates standards according to the component funding, can be found at:
https://www.hud.gov/program_offices/administration/hudclips/handbooks/cpd/6509.2 DRAFT
4 Section 4. Funding
Purpose:

DSI will use the SESG to fund to continue sustain DSI Rapid Rehousing and Homeless Prevention Program (RRH and HP) that provides assistance to consumers to access, secure, and retain affordable housing, as well as to provide case management services to all consumers receiving rapid re-housing and homeless prevention services. DSI assists consumers to navigate housing programs, county, state financial benefits, medical benefits and will provide independent living skill training to each consumer under the RRH and HP Services. Referrals will be taken from the Salinas Outreach and Response Team (SORT), as well as from CBOs. Referrals are self-referrals and thru Coordinated Entry.

The funds to be used by the City for the payments to Grantee hereunder are ESG funds received under a grant from the State of California HCD.
a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Grantee under this Agreement for services rendered shall not exceed SIXTY FIVE THOUSAND DOLLARS ($65,000).
b. Funding Availability: Funding is contingent upon services provided under this Agreement meeting the requirements of the Emergency Solutions Grant Program, as outlined in Title 24, Code of Federal Regulations, Section 576 incorporated herein by reference and made a part hereof, by providing assistance to homeless individuals and families by undertaking homeless prevention activities. The availability of said funds is subject to the control of the State of California, United States Government, Department of Housing and Urban Development and should said funds be encumbered, withdrawn or otherwise made unavailable to City, whether earned by or promised to Grantee, Grantee shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.

It is specifically understood and agreed by Grantee that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Grantee, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to Grantee for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.

Grantee is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Grantee is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available.

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5 c. Use of HUD Funds: The Grantee shall administer its program in conformance with 2 CFR 200, prior OMB Circulars A-122, “Cost Principles for Non-Profit Organizations,” or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. d. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly or quarterly basis upon successful electronic submission of “Expense Report” through the City’s online data management system (www.citydataservices.net) by Grantee indicating the amount of payment requested and a breakdown of expenditures consistent with Grantee's budget included in Exhibit A. All costs shall be supported by properly executed invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges.

All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City and HUD, or designated agents thereof.
e. Financial Management and Accounting Standards
Grantee shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or his or her designee prior to payment. Payment requests are due on the tenth (10th) day of each month. Should the 10 th fall on a weekend or holiday, the Grantee is responsible to provide their reports prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May 21, 2013. Payments shall be reimbursed based upon the prior month's expenditures and appropriate documentation must be submitted electronically. “Expense Report” submitted incorrectly or without the “Activity Report” shall be returned to Grantee by City. Funding shall only be provided for expenses incurred or services provided during the period commencing July 1, 2024 and ending October 30, 2024. Payment requests received by City after October 30, 2024, need not be considered for payment.