Exhibit A
September 4, 2024
CONTRACT CHANGE ORDER NO. 3
TO AN AGREEMENT BETWEEN THE CITY OF SOLEDAD
AND DAVID CONSTRUCTION & MANAGEMENT FOR THE
COMMUNITY CENTER MODERNIZATION PROJECT
WHEREAS, the City of Soledad, a municipal corporation of the State of California entered into an agreement dated April 9, 2024, with David Construction & Management for a total price of $749,685.13 for the Community Center Modernization Project.
1. REASON FOR CHANGE.
This Contract Change Order No. 3 encompasses the changes listed in the description below:
a. Exterior Flatwork Elevation Issues – to investigate/backfill and patch failed AC at identified pothole locations and corrective demolition and re-installation of flatwork/walkway between ADA parking stalls.
b. Stage Wall and Ceiling Finishes
c. Grease Interceptor Conflict
d. Kitchen Waterline Repair
e. Wood Rot Repair South Wall Exterior
f. Bid Alt – Gym Lighting and Winches
Please refer to the attached document, for a full description of changes in the scope of work.
2. DESCRIPTION OF CHANGE.
a. Exterior Flatwork Elevation Issues $17,556
b. Stage Wall and Ceiling Finishes $19,122
c. Grease Interceptor Conflict $6,851
d. Kitchen Waterline Repair $9,053
e. Wood Rot Repair South Wall Exterior $37,988
f. Bid Alt – Gym Lighting and Winches $140,300
CCO No. 1 Total $230,870
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3. CONTRACT COST SUMMARY.
Original Contract Amount $749,685.13
Contingency $37,484.26
CC01 $14,228.00
CC02 $36,143.00
CC03 $230,870.00
New Total Amount $1068410.39
APPROVED:
____________________________________ _________________
Megan Hunter Date
City Manager
City of Soledad
ACCEPTED:
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.
DAVID CONSTRUCTION & MANAGEMENT
____________________________________ __________________ By: Date
END OF CONTRACT CHANGE ORDER NO.3
286 295
RESOLUTION NO. 6157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING AN AMENDMENT TO CONSULTING SERVICES AGREEMENT TASK ORDER NO. 1 WITH IN STUDIO ARCHITECTURE FOR $20,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $150,000 FOR THE SOLEDAD
COMMUNITY CENTER BUILDING MODERNIZATION PROJECT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE
ORDER ON BEHALF OF THE CITY OF SOLEDAD
WHEREAS, the Soledad Community Center was constructed in 1993, and while there have been various repairs over the years, the facility is currently in need of comprehensive overhaul; and
WHEREAS, on October 19, 2022, the City Council approved an Agreement between the City of Soledad and In Studio Architecture for design and construction management of the Soledad Community Center Building Modernization Project; and WHEREAS, on December 7, 2022, the City Council approved Task Order 1B under an agreement between the City of Soledad and In Studio Architecture (“ISA”) for the design and construction management of the Soledad Community Center Building Modernization Project; and
WHEREAS, this project is fully under construction, however, the kitchen remodel has hit some unexpected challenges including a broken water pipe and the discovery of mold and wood rot from a prior roof leak requiring additional Requests For Information (RFI’s) and construction management support from ISA; and
WHEREAS, there are a number of new items that also need construction management support including exterior flat and stucco work, stage wall and ceiling finishes, grease interceptor realignment, and exterior south wall/wood rot repairs; and WHEREAS, the newest Change Order No. 3 will also include bid Alternate 1 for gym lighting and basketball winches requiring additional construction management support not originally part of the ISA contract; and
WHEREAS, this project is Categorically Exempt under Class 1 Existing Facilities, having met the qualifying criteria provided under CEQA Guidelines Section 15301; and WHEREAS, the Amendment to Task Order No. 1 with In-Studio Architecture shall be funded through the American Rescue Plan Act: 276-5540-5632.
NOW THEREFORE, BE IT HEREBY RESOLVED, by the Council of the City of Soledad that an Amendment to Consulting Services Agreement Task Order No. 1 with In Studio Architecture for $20,000 for a contract total contract amount not to exceed $150,000, a copy of the Change Order is attached hereto as “Exhibit B”, and by this reference incorporated herein, is 287 296
hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 4th day of September 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
288 297
2 5 0 M a i n S t r e e t , S a l i n a s C A 9 3 9 0 1 ● P : 8 3 1 . 3 2 0 . 2 6 5 5 w w w . i s a r c h . n e t
AMENDMENT NO. 1
Architect: ISA In Studio Architecture Client: City of Soledad 250 Main Street 248 Main Street
Salinas, CA 93901 Soledad, CA 93960
Architect Contact: Alex Reynoso Client Contact: Don Wilcox
Agreement Date: October 19, 2022 Amendment Date: August 19, 2024
Project Name: Soledad Community Center - Remodel Description: Design Services Job No: #2251 Client Ref:
A. Scope of Services
In Studio Architecture was asked to provide design services for the remodel of the Community Center and separate the project into various alternates along with separate phasing or extended construction schedule. This amendment is to add a time for the extended and more complex construction phasing of the project. This additional scope increases the fee by $20,000 as outlined below.
B. Compensation
1. The Client agrees to increase the overall project compensation to a new total of One Hundred Fifty Thousand Dollars ($150,000).
Added Scope: $20,000
Description Fees
Original Fee
Task #01 $50,000
Task #02 $80,000
Increased Amount $20,000
New Total $150,000
Architect shall not exceed this fee without Client’s prior written authorization. Reimbursable expenses of Architect will be invoiced in accordance with the terms and conditions of the Agreement. 289 298
2 5 0 M a i n S t r e e t , S a l i n a s C A 9 3 9 0 1 ● P : 8 3 1 . 3 2 0 . 2 6 5 5 w w w . i s a r c h . n e t It is expressly understood that the requirements of Cal. Business and Professions Code § 5536.22 requiring mutual written agreement by the parties prior to proceeding with the work are met by this Amendment. In the event that contract negotiations are pending at the time this Amendment is executed, the parties understand and agree that upon execution of such final agreement, that all work performed under this Amendment will be governed by the terms and conditions thereof. In the event that an agreement has been executed by the parties at the time of this Amendment, it is understood that this Amendment amends the Agreement only as delineated herein, all other terms of the Agreement shall remain the same. Architect will not proceed with work until this form is executed and returned. The undersigned represents and warrants that he/she has the authority to bind the entity for which he/she is executing this Amendment.
Approved and Accepted: Approved and Accepted:
Architect: ISA In Studio Architecture Client: City of Soledad Signature: __________________________ Signature: _________________________ Printed Name: Alex Reynoso, AIA C29184 Printed Name:
Title: Architect Title:
Date: 08-19-2024 Date: _________________________
290 299
SUBJECT: 3CE Senior Customer Accounts Manager Judi Young will present a brief presentation quarterly update.
TO: Honorable Mayor Velazquez and City Council
FROM: Judi Young, 3CE Senior Customer Account Manager
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: August 21, 2024
AGENDA ITEM NO. 1.
300
3CE
Member Agency
Quarterly Meeting | April 2024
301
2 Ag e nd a
− Introd uctions
− Ne ws & Eve nts
− Ene rg y Transition
− Ene rg y Prog ram s
Q&A
3CE Member Agency Quarterly Meeting April 2024 302
3 News &
Eve nts
3CE Member Agency Quarterly Meeting April 2024
− Annual Im p act Re p ort + Annual Pre se ntation com ing to your ag e ncy − Incom e Grad uate d Fixe d Charg e (IGFC)
− California Clim ate Cre d its out this m onth
− Ne w SLO Office
303
4 WWS – A
California
Success
Story
3CE Member Agency Quarterly Meeting April 2024
Ene rg y Tra nsition
304
Ca lifornia CCAs
3CE Member Agency Quarterly Meeting April 2024 305
6 FY23-24 Program Performance
− Member Agency Programs
−YTD Community Programs
Introducing our Director of Energy
Programs, Chris Cook
3CE Member Agency Quarterly Meeting April 2024
Ene rg y Prog ra m s
Update
306
7 3CE Member Agency Quarterly Meeting April 2024
Re a ch Cod e s
7 3CE’s Reach Code program provides no-cost technical
assistance to help local cities and counties adopt and
implement reach codes
New Construction: City of Santa Cruz and San Luis Obispo recently adopted New Construction Reach Codes
Existing Buildings: City of Santa Cruz and San Luis Obispo investigating implementation of Existing Building
EV Reach Codes: City of Goleta EV infrastructure reach codes is in progress, going to Council in May
REACH Codes
307
8 Pla n, Ele ctrify a nd Cha rg e Your Fle e t
• City of Carpinteria
• City of Greenfield
• City of Marina
• County of Monterey
• County of Santa Barbara
• City of San Luis Obispo
• City of Santa Maria
• County of Santa Cruz
• City of Carpinteria
• City of Santa Cruz
• City of Santa Maria
• City of Watsonville
PYF EYF CYF
15 Vehicles 24 Chargers
3CE Member Agency Quarterly Meeting April 2024 308
9 Com m unity Prog ra m s
309
10 Ele ctric Bus Prog ra m
1 Bus
for Orcutt Union
School District in
Santa Barbara
County
1 Charger
for Los Olivos
School District in
Santa Barbara
County
Electric
Bus
3CE Member Agency Quarterly Meeting April 2024 310
11 Ag riculture Ele ctrifica tion Prog ra m
4 of 9
applicants have
Small Business
Designation
• 4 Irrigation Pumps
• 4 Amiga Tractors
• 1 Forklift
Ag
Electrification
3CE Member Agency Quarterly Meeting April 2024 311
12 Ne w Construction Ele ctrifica tion
Program
123
Multifamily
Affordable
Housing
Units
6 Single-Family
and
Accessory
Dwelling
Units
$334,500
Rebate Sum to date
New Construction
Electrification
3CE Member Agency Quarterly Meeting April 2024 312
13 Ele ctrify Your Rid e Prog ra m
13%
24%
63%
FY 2023-24 EYR FUNDS
% INCOME QUALIFIED INCENTIVES DISTRIBUTED
Income Qualified - Tier 1 Income Qualified - Tier 2 N/A 403
281
296
FY 2023-24 EYR FUNDS DISTRIBUTED BY MEASURE
SUM OF REBATES = $1,597,690
Battery EV EV Readiness Level 2 EV Charger
Electrify
Your Ride
3CE Member Agency Quarterly Meeting April 2024 313
14 Ele ctrify Your Hom e Prog ra m
66%
34%
EYH FY 2023-24 BY PRODUCT TECHNOLOGY
SUM OF REBATES: $100,000
Heat Pump HVAC
Heat Pump Water Heater
35 Heat Pump
HVAC units
18 Heat Pump
water heating
units
Applicants in Monterey, San Luis Obispo,
Santa Cruz and Santa Barbara Counties.
Electrify
Your Home
3CE Member Agency Quarterly Meeting April 2024 314
15 Ba tte ry Re b a te Prog ra m for
De m a nd Re sp onse
3CE Member Agency Quarterly Meeting April 2024
• The program will provide
rebates to residential
customers
• Benefits include:
1. Load shifting for cost savings
and more renewable energy
2. Resiliency during power
outages
3. Tiered rebates to address
specific customer needs
Demand-Side
Management
315
Thank you
Judith Young
Senior Customer Accounts Manager
(805) 693-2000
[email protected]
Q&A and Discussion
3CE Member Agency Quarterly Meeting April 2024 316
SUBJECT: Salinas Valley Basin Groundwater Sustainability Agency Senior Consultant General Manager Piret Harmon will present a brief presentation update TO: Honorable Mayor Velazquez and City Council
FROM: Piret Harmon, Salinas Valley Basin Groundwater Sustainability Agency Senior Consultant General Manager
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: August 21, 2024
AGENDA ITEM NO. 2.
317
Salinas Valley Basin GSA Update
August 21, 2024
City of Soledad Council
318
SVBGSA Role and Goals
• Sustainably manage groundwater in the 6 subbasins that comprise Salinas Valley Groundwater Basin
• Partner with other agencies responsible for water resources in region • Engage stakeholders and build strong alliances
• Groundwater Sustainability Plans submitted and approved by DWR • 180/400 Ft Aquifer Subbasin – 2020
• Other 5 subbasins - 2022
• Main focus on GSP implementation
• Plan evaluations and updates every 5 years
• Reach sustainability in 20 years (2040 and 2042)
• Consider 6 sustainability indicators
319
SVBGSA Jurisdictions • Subbasins defined by DWR • 180/400 • Monterey • Langley • Eastside • Forebay • Upper Valley • Partner GSAs: • Marina Coast Water District GSA • Arroyo Seco GSA, • County of Monterey GSA 320
• Sustainable Groundwater Management Implementation Round 1 Grant • $7.6 million
• Focus 180/400 Subbasin
• To be completed by Spring 2025
• Sustainable Groundwater Management Implementation Round 2 Grant – Monterey
• $3.9 million for SVBGSA (subgrantee to MCWDGSA)
• Focus Monterey Subbasin, Corral de Tierra Management Area • To be completed by Spring 2026
• Sustainable Groundwater Management Implementation Round 2 Grant – Salinas
• $10.3 million
• Focus Langley, Eastside, Forebay, Upper Valley Subbasins • To be completed by Spring 2026
Grant Funding from DWR
321
Forebay Subbasin
• Average groundwater use about 147,000 acre feet per year (AFY) • No undesirable results in last three water years
• Address DWR Recommended Corrective Actions (7)
• Plan for future: Sustainable Management Criteria Technical Advisory Committee 322
Questions and Comments
Piret Harmon
Salinas Valley Basin Groundwater Sustainability Agency
[email protected]
www.svbgsa.org
323
SUBJECT: Minutes
TO: Honorable Mayor and City Council
FROM: Darlene Noriega, Deputy City Clerk
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: August 21, 2024
AGENDA ITEM NO. 1.
324
Minutes
City of Soledad
Joint City Council/Successor Agency/Housing Authority/Successor Housing Agency/ Special Meeting
July 31, 2024
CALL TO ORDER
Mayor Velazquez called the Joint City Council/ Successor Agency/ Housing Authority/ Successor Housing Agency/ Regular Meeting to order at 6:01 p.m.
ROLL CALL
The Following Councilmembers/Agency members were present when the meeting was called to order:
Mayor/Chair Anna M. Velazquez
Councilmember/Agency Member Fernando Ansaldo-Sánchez
Councilmember/Agency Member Fernando Cabrera
Councilmember/Agency Member Evarista Bañuelos
THE FOLLOWING COUNCILMEMBER WAS ABSENT
Mayor Pro Tem/Vice Chair Maria Corralejo
PLEDGE OF ALLIGIANCE
Moises Arizmendi led the Pledge of Allegiance
ADDITIONS/MODIFICATIONS TO THE AGENDA
None
PUBLIC COMMENT
None
BUSINESS
1. Resolution No. 6138, A Resolution of the City Council of the City of Soledad Declaring an Emergency Pursuant to Section 20168 of the Public Contract Code and Section 3.24.040 of the Soledad Municipal Code and Authorizing Emergency Repair Work To Well No 11 In an Estimated Amount Not To Exceed $120,000, and Consider Calling for Implementation of Stage 2 Water Shortage Contingency Plan - Voluntary Reductions of up to 25% Water Use
Public Works Director Don Wilcox presented the staff report.
Public Works Water Department Manager Moises Arizmendi was also present and available to answer any questions.
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City of Soledad City Council/Successor Agency Special Meeting Minutes of July 31, 2024.
There were no public comments.
Mayor Velazquez recommended staff continue to put forth updates on the work being done, up until the job is finished. She also asked that after this meeting, staff bring forth a full analysis on all wells in Soledad.
She recommended that moving forward, staff follow the protocol for notifying the council and the public. She would also like any communication to the public in both English and Spanish.
Motion: Councilmember Ansaldo-Sánchez made motion to approve Resolution No. 6138 with the recommendations of receiving updates on the progress until it is fixed, and not implement the Stage 2 water shortage contingency plan. Motion was seconded by Councilmember Bañuelos and carried by the following vote:
Action
Ayes: Alsado-Sánchez, Bañuelos, Cabrera, Velazquez
Noes: None
Abstain: None
Absent: Corralejo
ADJOURNMENT
Meeting adjourned at 6:41 p.m.
Minutes Approved: August 21, 2024
_______________________________________
ANNA M. VELAZQUEZ, Mayor/Chair
________________________________________
MEGAN HUNTER, City Manager
326
Minutes
City of Soledad
Joint City Council/Successor Agency/Housing Authority/Successor Housing Agency/ Regular Meeting
August 07, 2024
CALL TO ORDER
Councilmember Fernando Cabrera called the Joint City Council/ Successor Agency/ Housing Authority/ Successor Housing Agency/ Regular Meeting to order at 6:11 p.m.
ROLL CALL
The Following Councilmembers/Agency members were present when the meeting was called to order:
Mayor/Chair Anna M. Velazquez – Arrived at 6:13 p.m.
Councilmember/Agency Member Fernando Ansaldo-Sánchez
Councilmember/Agency Member Fernando Cabrera
Councilmember/Agency Member Evarista Bañuelos
THE FOLLOWING COUNCILMEMBER WAS ABSENT
Mayor Pro Tem/Vice Chair Maria Corralejo
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None
CLOSED SESSION
1. The City Council will recess to closed session pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator concerning the sale/exchange/lease of property located at 990 Los Coches Rd, Assessor Parcel Number 022-291-010-000. Instructions will include price and terms of payment.
CLOSED SESSION REPORTS
City Attorney Mike Rodriquez reported with respect to item no. 1, The council conferred with its negotiator regarding the item. No reportable action was taken.
PLEDGE OF ALLIGIANCE
Soledad Police Department Deputy Chief Fred Lombardi led the Pledge of Allegiance
ADDITIONS/MODIFICATIONS TO THE AGENDA
None
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City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 07, 2024.
PUBLIC COMMENT
Mr. Ramon Moreno asked said he would like an update regarding bumps and stop signs being added to the neighborhood he lives in. He knows a request was already given to City staff many times by others in his community, however, no update has been given.
COUNCIL PRESENTATIONS
1. Mayor Velazquez presented a proclamation of the City Council of the City of Soledad Proclaiming the First Tuesday in August as National Night Out.
Soledad Police Chief Wasson thanked the council for the proclamation.
Councilmembers gave numerous positive comments regarding the National Night Out event.
PRESENTATIONS
1. Public Works Director Don Wilcox gave a brief verbal presentation regarding the Soledad water system.
2. Soledad Police Special Services Officer Joe Escarsega and Soledad Police Department Code Enforcement Officer Phillip Celaya gave a presentation regarding the 2023/2024 Code Enforcement/Animal Control presentation.
The council had numerous questions and comments regarding both presentations.
CONSENT CALENDAR
There were no public comments.
Motion: Councilmember Cabrera made motion to approve items C-1 through C-9.
Motion was seconded by Councilmember Ansaldo-Sánchez and carried by the following vote:
Action
Ayes: Cabrera, Ansaldo-Sánchez, Bañuelos, Velazquez
Noes: None
Abstain: None
Absent: Corralejo
C-1. Joint City Council/Successor Agency Regular Meeting Minutes of 07/17/2024 C-2. Warrants 054870 - 151600
C-3. Human Resources Activity Report
C-4. Public Works Activity Report
C-5. Parks and Recreation Department Activity report
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City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 07, 2024.
C-6. Community and Economic Development Department Activity report C-7. Office of Community Engagement Activity Report
C-8. Fire Department Activity Report
C-9. Soledad Police Department Activity Report
PUBLIC HEARING NO. 1
PH-1. Resolution no. 6136, A Resolution of the City Council of the City Council Accepting the findings and Approving the Adoption of an Addendum to the 2005 General Plan Environmental Impact Report and Determining that Implementation of the 2023-2031 Housing Element does not Require Further Analysis Pursuant to the California Environmental Quality Act. (CEQA) AND
Resolution No. 6137, A Resolution of the City Council of the City of Soledad Accepting the Findings and Approving the Adoption of the 2023-2031 City of Soledad Housing Element and Authorizing Staff to make non-policy revisions to the Housing element in response to future Department of Housing and Community Development (HCD) comments.
Housing Analyst Beatriz Trujillo and Associate Planner Ariana Mora presented the staff report.
Placeworks Senior Associate Nicole West was present in the meeting via Zoom and available to answer questions.
Public Hearing opened at 8:40 p.m.
Ther were no public comments.
Public Hearing closed at 8:41 p.m.
Council members had various questions and comments.
Motion: Councilmember Cabrera made motion to approve Resolutions No. 6136. Motion was seconded Councilmember Bañuelos and carried by the following vote:
Action
Ayes: Cabrera, Bañuelos, Ansaldo-Sánchez, Velazquez
Noes: None
Abstain: None
Absent: Corralejo
Motion: Councilmember Ansaldo-Sánchez made motion to approve Resolutions No. 6137 with minor modifications based on comments from Mayor Velazquez. Motion was seconded Councilmember Cabrera and carried by the following vote:
Action
Ayes: Ansaldo-Sánchez, Cabrera, Banuelos, Velazquez
Noes: None
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City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 07, 2024.
Abstain: None
Absent: Corralejo
PUBLIC HEARING NO. 2
PH-2. Ordinance No. 770, An Ordinance of the City Council of the City of Soledad Amending Chapter
3.24-Purchasing System of Title 3-Revenue and Finance of the Municipal Code to Increase the Bidding requirements Threshold for the Purchase of Supplies and Equipment from $25,000 to $50,000
Attorney Mike Rodriquez presented the staff report.
Public Hearing opened at 9:35 p.m.
Ther were no public comments.
Public Hearing closed at 9:36 p.m.
City Attorney Mike Rodriquez clarified that these are not consulting agreements and would always be visible to the council and listed on the warrants.
Motion: Councilmember Ansaldo-Sánchez made motion to approve, waive reading and read by title only Ordinance No. 770. Motion was seconded Councilmember Cabrera and carried by the following vote:
Action
Ayes: Ansaldo-Sánchez, Cabrera, Bañuelos, Velazquez
Noes: None
Abstain: None
Absent: Corralejo
BUSINESS
1. Resolution No. 6139, A Resolution of the City Council of the City of Soledad Retroactively Approving and Application for Funding and the Execution of a Grant Agreement and any Amendments thereto from the Fiscal Year 2024 United States Department of Agriculture Rural Business Development Fund
AND
Resolution No. 6140, A Resolution of the City Council of the City of Soledad Approving a Professional Service Agreement Between the City of Soledad and the Monterey County Business Council for the Procurement of Consulting Services for the Completion of a Feasibility Study for the Soledad Container Village Project
Community and Economic Development Director Kao Nou Yang presented the staff report.
Monterey County Business Council Chief Operations Officer Paul Farmer was present in the meeting via Zoom available to answer any questions.
Motion: Councilmember Cabrera made motion to approve Resolution No. 6139 and 6140. Motion was seconded by Councilmember Bañuelos and carried by the following vote:
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City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 07, 2024.
Action
Ayes: Cabrera, Bañuelos, Alsado-Sánchez, Velazquez
Noes: None
Abstain: None
Absent: Corralejo
2. Ordinance No. 771, An Ordinance of the City Council of the City of Soledad Increasing Council Compensation.
City Attorney Mike Rodriquez presented the staff report.
There were no public comments.
Finance Director Mike Howard confirmed that moving forward with these increases will not interfere with the approved 2024/2025 budget. The council increase was built into the budget.
Motion: Councilmember Ansaldo-Sánchez made motion to Introduce, Waive reading and Read by Title Only Ordinance No. 771, with the recommendation of the maximum amount. Motion was seconded by Councilmember Cabrera and carried by the following vote:
Action
Ayes: Alsado-Sánchez, Cabrera, Bañuelos, Velazquez
Noes: None
Abstain: None
Absent: Corralejo
3. Resolution No. 6141, A Resolution of the City Council of the City of Soledad Dissolving the City’s Measure S and Y Citizen Overnight Committees and Approving the Formation of a New Combined “City of Soledad Transactions and Use Tax Citizen Oversight Committee.” City Attorney Mike Rodriquez presented the staff report. A new ordinance dissolves the current Measure S and Y Committee. It will create a new combined, seven-member committee called the Transaction and Use Tax Oversight Committee.
The committee would be comprised of one member being appointed by each councilmember, including the Mayor.
The Mayor would have two additional appointments.
Members of the committee will receive a $50 stipend each meeting they participate in.
There were no public comments.
Motion: Councilmember Bañuelos made motion to approve Resolution No. 6141. Motion was seconded by Councilmember Ansaldo-Sánchez and was carried by the following vote:
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City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 07, 2024.
Action
Ayes: Bañuelos, Ansaldo-Sánchez, Cabrera, Velazquez
Noes: None
Abstain: None
Absent: None
MAYOR’S REPORTS AND ACKNOWLEDGEMENTS
1. On 07/18 she met with City Manager Megan Hunter.
2. On 07/20 she attended the Latina Professionals Network event.
3. On 07/22 she attended the First Five Commissioners meeting and presented a proclamation.
4. On 07/30 she attended the MST Board Ad hoc meeting.
5. On 07/31 she attended the City of Soledad Special Council meeting.
6. On 08/02 she attended a meeting with the Monterey County Mayors.
7. On 08/02 She attended the Ribbon Cutting for New Perspectives.
8. On 08/06 she attended the National Night Out event.
9. On 08/07 she attended a meeting with Supervisor Lopez and City Manager Megan Hunter.
COUNCILMEMBERS’ REPORTS AND ACKNOWLEDGEMENTS
Councilmember Bañuelos had 8 items to report:
1. She attended the open house for the Gateway Workshop.
2. On 07/04 she attended the Soledad 4th of July event.
3. On 07/06 she attended the City of Soledad’s Hot Summer Days event.
4. On 07/11 she attended the Soledad Cemetery Board meeting.
5. On 07/06 she attended the National Night Out event.
6. On 07/22 she attended a meeting with LAFCO and the Soledad Cemetery Board.
7. She attended the 4th Annual Open House in Greenfield with Supervisor Lopez.
8. She acknowledged members of the Measure Y committee that always attended the scheduled meetings.
Councilmember Ansaldo-Sánchez had 3 items to report:
1. On 07/06 he attended the National Night Out event.
2. He acknowledged and thanked the school staff for this new year.
3. He acknowledged his sister who will be starting college soon.
Councilmember Cabrera had 3 items to report:
1. On 07/10 he attended the Soledad Historical Society meeting.
2. On 07/31 he attended the City of Soledad Special Council meeting.
3. On 07/05 he attended the Railroad Committee meeting.
CITY MANAGERS’ REPORT
1. She thanked staff and the council for quickly getting together for a Special meeting when it was needed.
2. She will be collaborating with staff to improve public outreach on our utilities systems.
3. There are still no applicants for District 3.
4. She attended a meeting with the Soledad Lions Club and she will be bringing that item before the council.
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City of Soledad City Council/Successor Agency Regular Meeting Minutes of August 07, 2024.
FUTURE AGENDA ITEMS
Councilmember Cabrera requested 1 future agenda item:
1. He would like an update regarding the City Council Rules and Procedures and other sub committees.
Councilmember Ansaldo-Sánchez requested 4 future agenda items:
1. He would like to discuss how the council can let people know further information regarding the Districts.
2. He would like to have a candidate forum.
3. He would like to move forward with discussing a Legislative Ad Hoc Committee.
4. He is interested in having a rent control ordinance in Soledad and have Renters Rights workshops.
Councilmember Bañuelos had no requests for future agenda items.
Mayor Velazquez had no requests for future agenda items. She also let the public know that she has received a City cell phone, and she now has a new phone number. She has requested that the councilmembers phone numbers be posted on the website accessible to the public.
City Attorney Mike Rodriquez reminded the council and the public that the 08/21/2024 meeting will be starting at 5:30 p.m.
ADJOURNMENT
Meeting adjourned at 8:42 p.m.
Minutes Approved: August 7, 2024
_______________________________________
ANNA M. VELAZQUEZ, Mayor/Chair
________________________________________
MEGAN HUNTER, City Manager
333
SUBJECT: Warrants
TO: Honorable Mayor and City Council
FROM: Mike Howard, Finance Director
COUNCIL COMMUNICATION
THROUGH: Megan Hunter, City Manager
MEETING
DATE: August 21, 2024
AGENDA ITEM NO. 2.
334
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 1
VENDOR SET: 01 City of Soledad
BANK: * ALL BANKS
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT C-CHECK VOID CHECK V 8/09/2024 055143
C-CHECK VOID CHECK V 8/09/2024 055148
C-CHECK VOID CHECK V 8/09/2024 055149
SUNLIF SUN LIFE ASSURANCE COMPANY OF
C-CHECK SUN LIFE ASSURANCE COMPAVOIDED V 8/09/2024 055150 2,283.39CR C-CHECK VOID CHECK V 8/09/2024 055151
C-CHECK VOID CHECK V 8/09/2024 055168
C-CHECK VOID CHECK V 8/09/2024 055172
C-CHECK VOID CHECK V 8/09/2024 055182
C-CHECK VOID CHECK V 8/09/2024 055185
C-CHECK VOID CHECK V 8/09/2024 055190
C-CHECK VOID CHECK V 8/09/2024 055223
C-CHECK VOID CHECK V 8/09/2024 055242
* * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 0 0.00 0.00 0.00
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 12 VOID DEBITS 0.00
VOID CREDITS 2,283.39CR 2,283.39CR 0.00
TOTAL ERRORS: 0
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: * TOTALS: 12 2,283.39CR 0.00 0.00
BANK: * TOTALS: 12 2,283.39CR 0.00 0.00
335
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
DAMWAS DAMON WASSON
I-073024 DAMON WASSON R 8/02/2024 1,500.00 055136 1,500.00
COMOEM COUNTY OF MONTEREY DEPT OF EME
I-FY 24/25-Q1 COUNTY OF MONTEREY DEPT OF EME R 8/06/2024 114,612.00 055137 114,612.00
AFLAC AFLAC HEADQUARTERS
I-AF2202408062220 AFLAC CONTRIBUTION R 8/09/2024 912.88 055138 I-AFL202408062220 AFLAC CONTRIBUTION R 8/09/2024 1,168.77 055138 2,081.65
CALIFS CALIFORNIA STATE DISBURSEMENT
I-CH 202408062220 CHILD SUPPORT CONTRIBUTION R 8/09/2024 1,061.07 055139 1,061.07
COMM F COMMUNITY FOUNDATION FOR MONTE
I-CCD202408062220 CAPITAL CAMPAIGN DONATION R 8/09/2024 120.00 055140 120.00 ICMA R MISSION SQUARE-109117
I-401202408062220 EMPLOYEE DEDUCTION R 8/09/2024 243.42 055141 243.42
PRINCI PRINCIPAL LIFE INSURANCE COMPA
I-110202408062220 DENTAL INSURANCE R 8/09/2024 3,103.59 055142 I-120202408062220 VISION INSURANCE R 8/09/2024 509.06 055142 3,612.65 SEIU L SEIU LOCAL 521
I-SCO202408062220 EMPLOYEE CONTRIBUTION R 8/09/2024 24.00 055144 I-SEI202408062220 EMPLOYEE CONTRIBUTION R 8/09/2024 1,471.68 055144 1,495.68
SPOA SOLEDAD POLICE OFFICERS ASSOCI
I-SPO202408062220 POLICE OFFICERS CONTRIBUTIONS R 8/09/2024 720.00 055145 720.00 STAEDD STATE OF CALIFORNIA E.D.D.
I-T2 202408062220 STATE TAX W/H R 8/09/2024 11,455.95 055146 11,455.95
STPERS STATE OF CALIFORNIA PERS
I-PCR202408062220 CHIEF & LIEUTENANT R 8/09/2024 3,447.99 055147 I-PEC202408062220 City of Soledad Conf PEPRA R 8/09/2024 295.10 055147 I-PEP202408062220 EMPLOYEE CONTRIBUTION R 8/09/2024 10,178.60 055147 I-PER202408062220 City of Soledad Regular Empl R 8/09/2024 10,635.84 055147 I-PES202408062220 City of Soledad Police R 8/09/2024 5,563.15 055147 I-PKE202408062220 City of Soledad Conf. Employee R 8/09/2024 330.78 055147 I-PME202408062220 City of Soledad Reg Managers R 8/09/2024 527.49 055147 I-PMR202408062220 City of Soledad Managers R 8/09/2024 764.87 055147 I-PPE202408062220 City of Soledad Police R 8/09/2024 2,355.08 055147 I-PPR202408062220 City of Soledad Police R 8/09/2024 2,622.99 055147 I-PPS202408062220 City of Soledad Police R 8/09/2024 5,559.08 055147 I-PRE202408062220 EMPLOYEE CONTRIBUTION R 8/09/2024 4,711.43 055147 I-PRR202408062220 City of Soledad Regular Empl R 8/09/2024 7,311.16 055147 54,303.56 336
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
SUNLIF SUN LIFE ASSURANCE COMPANY OF
I-SLI202408062220 LIFE, AD&D, LTD V 8/09/2024 1,903.48 055150 I-SLS202408062220 SUPPLEMENTAL V 8/09/2024 379.91 055150 2,283.39
SUNLIF SUN LIFE ASSURANCE COMPANY OF
M-CHECK SUN LIFE ASSURANCE COMPAVOIDED V 8/09/2024 055150 2,283.39CR
UNIWAY UNITED WAY MONTEREY COUNTY
I-UN 202408062220 UNITED WAY CONTRIBUTIONS R 8/09/2024 2.00 055152 2.00 VANTAG MISSION SQUARE-303584
I-D15202408062220 DEFERRED-EMPLOYEE PORTION R 8/09/2024 567.74 055153 I-DDD202408062220 DEFERRED-EMPLOYEE PORTION R 8/09/2024 8,145.00 055153 I-DEF202408062220 DEFERRED-EMPLOYEE PORTION R 8/09/2024 1,122.10 055153 9,834.84 360PSM 360PSM INC.
I-Crack Seal - 1 Crack Seal Proj. Labor Complia R 8/09/2024 795.66 055154 795.66 ALLSTA ALL STAR FIRE EQUIPMENT, INC.
I-256936 ALL STAR FIRE EQUIPMENT, INC. R 8/09/2024 573.43 055155 573.43
AMAZON AMAZON CAPITAL SERVICES
I-1C3N-HLVC-PM7H Hot Summer Days R 8/09/2024 126.26 055156 126.26 ANGJOH ANGEL H. JOHNSTONE
I-1022 CDBG Consulting R 8/09/2024 16,280.36 055157 16,280.36
ATDWT ATD WINDOW TINTING
I-3361 FD-Window Tint R 8/09/2024 972.00 055158 972.00
AUTOZO AUTOZONE LLC
C-5509680788 Equip. Maint. Return R 8/09/2024 59.79CR 055159 C-5509705353 Thermostat Housing Return R 8/09/2024 20.65CR 055159 C-5509708420 Thermostate Housing Return R 8/09/2024 20.65CR 055159 I-5509680767 Equip. Maint. R 8/09/2024 59.79 055159
I-5509713033 Front Wheel Bearing R 8/09/2024 100.03 055159 58.73 CAROLL CAROLLO ENGINEERS, INC.
I-FB53890-6 Recycled Water Conveyance Proj R 8/09/2024 123,927.07 055160 I-FB53925-7 Recycled Water Conveyance Proj R 8/09/2024 311,275.53 055160 435,202.60 CONEXW BIZON GROUP INC.
I-INV-306810 Container-Gateway R 8/09/2024 130.01 055161 130.01 337
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
DEPTRA DEPARTMENT OF TRANSPORTATION
I-SL241077 Signals & Lighting R 8/09/2024 911.16 055162 911.16 EMCPLA EMC PLANNING GROUP INC.
I-16-001-81 Miramonte Support R 8/09/2024 15,199.03 055163 I-16-001-82 Miramonte Support R 8/09/2024 3,076.84 055163 18,275.87
GRANIC GRANICUS, LLC
I-184136 Peak Agenda Mgmt. 2023-2024 R 8/09/2024 8,400.00 055164 8,400.00 KCGLAS KING CITY GLASS INC.
I-KC17996 DC's Window Tint R 8/09/2024 386.86 055165 386.86 MARKMI MARK A. MILLER
I-070824 4 Water Tank Cleaning R 8/09/2024 4,305.00 055166 4,305.00
SOLACE ALCANTAR ACE HARDWARE
I-158/1 Drill Bits & Misc. Fasteners R 8/09/2024 67.02 055167 I-244/1 Irrigation Parts R 8/09/2024 18.71 055167
I-26/1 Paint Brush, Screw Extractor R 8/09/2024 37.12 055167 I-266/1 Weed Eater String R 8/09/2024 91.75 055167
I-312/1 Paint/2 AMP Fuse R 8/09/2024 21.39 055167
I-328/1 Irrigation Timer Connectors R 8/09/2024 35.35 055167 I-34/1 Tool Bag Connector Set R 8/09/2024 43.44 055167
I-473/1 Irrigation Sprinkler & Fitting R 8/09/2024 71.37 055167 I-504/1 Drip System Fittings R 8/09/2024 21.39 055167
I-551/1 Irrigation Fittings R 8/09/2024 22.64 055167
I-557/1 Splash Pad R 8/09/2024 25.76 055167
I-605/1 Chainsaw Oil/Irrigation Parts R 8/09/2024 155.48 055167 I-629/1 Flag Pole Light City Hall R 8/09/2024 15.16 055167 I-660/1 Dust Masks R 8/09/2024 39.32 055167
I-667/1 Paint/Rust Remover/Paint Mixer R 8/09/2024 22.48 055167 I-682/1 Torch Gas/Mask R 8/09/2024 104.84 055167
I-764/1 Irrigation Repair Parts R 8/09/2024 32.48 055167 I-772/1 1" PVC Pipe R 8/09/2024 13.10 055167
I-775/1 Picnic Table Repairs R 8/09/2024 99.72 055167
I-781/1 Irrigation Parts R 8/09/2024 57.78 055167 996.30
SOLTRU SOLEDAD TRUE VALUE
I-080924 Final Reimb-Front Door Replace R 8/09/2024 7,569.33 055169 7,569.33
STAPLE STAPLES BUSINESS CREDIT
I-6005193932 STAPLES BUSINESS CREDIT R 8/09/2024 360.48 055170 360.48 338
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
SUNLIF SUN LIFE ASSURANCE COMPANY OF
I-110202407092211 DENTAL INSURANCE R 8/09/2024 2,660.90 055171 I-120202407092211 VISION INSURANCE R 8/09/2024 477.56 055171 I-SLI202407092211 LIFE, AD&D, LTD R 8/09/2024 1,751.52 055171 I-SLS202407092211 SUPPLEMENTAL R 8/09/2024 345.78 055171 5,235.76
TAMC TAMC
I-060424 TAMC Fees-June 2024 R 8/09/2024 1,290.10 055173 1,290.10
TERMIN RENTOKIL NORTH AMERICA INC
I-447808610 RENTOKIL NORTH AMERICA INC R 8/09/2024 45.00 055174 45.00 USBANP U.S. BANK CORPORATE PAYMENT SY
I-070824 FD FD-Tool Repair R 8/09/2024 380.00 055175
A/C# 4246 0445 5575 8782
I-070824 Jason Various Charges R 8/09/2024 406.79 055175 A/C# 4246 0445 5575 8782
I-070824 Jesus Various Charges R 8/09/2024 963.67 055175 1,750.46 A/C# 4246 0445 5575 8782
ACCBUS ACC BUSINESS
I-241923916 Internet - City Hall R 8/09/2024 2,452.72 055176 2,452.72
ACCBUS ACC BUSINESS
I-241949152 Internet R 8/09/2024 2,032.99 055177 2,032.99
ACCBUS ACC BUSINESS
I-241959769 ACC BUSINESS R 8/09/2024 1,019.17 055178 1,019.17
ACCBUS ACC BUSINESS
I-241999027 WWTP Internet Service R 8/09/2024 1,341.31 055179 1,341.31
AK&CO ANITA KEREZSI
I-SOLEDAD-25-1 SB90 Claims Admin R 8/09/2024 2,000.00 055180 2,000.00
ALCANA ALCANTAR ACE HARDWARE
C-1494 ALCANTAR ACE HARDWARE R 8/09/2024 3.15CR 055181
I-1150 ALCANTAR ACE HARDWARE R 8/09/2024 25.12 055181
I-1205 ALCANTAR ACE HARDWARE R 8/09/2024 19.65 055181
I-1321 ALCANTAR ACE HARDWARE R 8/09/2024 6.09 055181
I-1337 ALCANTAR ACE HARDWARE R 8/09/2024 155.11 055181
I-1361 ALCANTAR ACE HARDWARE R 8/09/2024 44.15 055181
I-1365 ALCANTAR ACE HARDWARE R 8/09/2024 9.82 055181
I-1385 ALCANTAR ACE HARDWARE R 8/09/2024 41.49 055181
I-1389 ALCANTAR ACE HARDWARE R 8/09/2024 13.07 055181
I-1394 ALCANTAR ACE HARDWARE R 8/09/2024 15.05 055181
I-1395 ALCANTAR ACE HARDWARE R 8/09/2024 21.84 055181
I-1433 ALCANTAR ACE HARDWARE R 8/09/2024 14.84 055181
339
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 6
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT I-1454 ALCANTAR ACE HARDWARE R 8/09/2024 21.39 055181
I-1473 ALCANTAR ACE HARDWARE R 8/09/2024 45.87 055181
I-1481 ALCANTAR ACE HARDWARE R 8/09/2024 65.51 055181
I-1490 ALCANTAR ACE HARDWARE R 8/09/2024 7.39 055181
I-1495 ALCANTAR ACE HARDWARE R 8/09/2024 14.19 055181
I-1498 ALCANTAR ACE HARDWARE R 8/09/2024 2.65 055181
I-1522 ALCANTAR ACE HARDWARE R 8/09/2024 66.02 055181
I-1523 ALCANTAR ACE HARDWARE R 8/09/2024 7.64 055181
I-1538 ALCANTAR ACE HARDWARE R 8/09/2024 70.96 055181
I-1541 ALCANTAR ACE HARDWARE R 8/09/2024 15.05 055181
I-1542 ALCANTAR ACE HARDWARE R 8/09/2024 12.00 055181
I-1563 ALCANTAR ACE HARDWARE R 8/09/2024 4.36 055181
I-1589 ALCANTAR ACE HARDWARE R 8/09/2024 116.86 055181
I-1591 ALCANTAR ACE HARDWARE R 8/09/2024 41.50 055181 854.47 alhamb Alhambra
I-18185522 080224 Water & Dispenser R 8/09/2024 15.97 055183 I-21460558 080124 Water Service R 8/09/2024 404.16 055183 420.13
AMAZON AMAZON CAPITAL SERVICES
C-16NG-9YRM-1K36 Refund for Bad Drives R 8/09/2024 1,529.44CR 055184 I-11VP-KPHW-7KLC SSO Storage for PD Server/Case R 8/09/2024 769.85 055184 I-1466-3F39-1KJH AMAZON CAPITAL SERVICES R 8/09/2024 209.07 055184 I-147D-PF1V-96NX AMAZON CAPITAL SERVICES R 8/09/2024 108.08 055184 I-14Y4-WCDY-YG1Y Scale for Fitness Center R 8/09/2024 495.51 055184 I-16Q1-NHR4-7RFF Office Desk Fan R 8/09/2024 117.39 055184 I-17NV-6DPL-3DW4 Office Tool Kit/ Water Access R 8/09/2024 82.09 055184 I-19CH-3XFR-6PYM AMAZON CAPITAL SERVICES R 8/09/2024 13.97 055184 I-19GM-TV9X-XF3G AMAZON CAPITAL SERVICES R 8/09/2024 156.70 055184 I-1C1G-3W4P-1VXW AMAZON CAPITAL SERVICES R 8/09/2024 305.89 055184 I-1C6L-PXXD-1G16 AMAZON CAPITAL SERVICES R 8/09/2024 49.11 055184 I-1CVT-YFGT-3V4F AMAZON CAPITAL SERVICES R 8/09/2024 152.95 055184 I-1FDV-6RT7-1V3L AMAZON CAPITAL SERVICES R 8/09/2024 191.87 055184 I-1GCM-YCPT-6YMR Label Printer for Inv Tracking R 8/09/2024 287.26 055184 I-1H7C-HYNM-VDWL Receipt Paper Blue Tape R 8/09/2024 104.93 055184 I-1JH3-VGWF-1W1M AMAZON CAPITAL SERVICES R 8/09/2024 47.58 055184 I-1KQL-Q3JM-CL4D Membership Cards R 8/09/2024 109.00 055184 I-1PPJ-T41Q-HRQ3 Drives for PD Case R 8/09/2024 1,442.04 055184 I-1QHJ-YPKN-3LLY Council Member Phone Case R 8/09/2024 46.97 055184 I-1TNK-MWPF-3W4K HR Supplies R 8/09/2024 57.05 055184
I-1TYF-XKYL-3P7Y AMAZON CAPITAL SERVICES R 8/09/2024 10.80 055184 I-1W99-6647-F19Q AMAZON CAPITAL SERVICES R 8/09/2024 294.81 055184 I-1XJJ-VP9F-1HQQ Keyboard Case for IPad for Eva R 8/09/2024 88.37 055184 I-1YKQ-L1PV-7PVC IPhone Case for Council Member R 8/09/2024 14.19 055184 I-1YV4-J4MJ-7YGL Laundry Detergent R 8/09/2024 86.82 055184 3,712.86 340
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 7
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
AMESUP AMERICAN SUPPLY COMPANY
I-3037113 AMERICAN SUPPLY COMPANY R 8/09/2024 669.48 055186 I-3037702 AMERICAN SUPPLY COMPANY R 8/09/2024 195.78 055186 I-3037703 AMERICAN SUPPLY COMPANY R 8/09/2024 87.73 055186 952.99 ANIMAL ANIMAL DAMAGE MANAGEMENT, INC.
I-351965 ANIMAL DAMAGE MANAGEMENT, INC. R 8/09/2024 200.00 055187 200.00
AUDRIX RUBEN ZAMORA
I-080624 RUBEN ZAMORA R 8/09/2024 500.00 055188 500.00
AUTOZO AUTOZONE LLC
C-5509725178 AUTOZONE LLC R 8/09/2024 4.88CR 055189
C-5509730309 3/8 Rachet R 8/09/2024 40.77CR 055189
C-5509734422 Continental Serp R 8/09/2024 33.57CR 055189 C-5509741111 AUTOZONE LLC R 8/09/2024 162.04CR 055189
I-5509730309 3/8 Ratchet R 8/09/2024 40.77 055189
I-5509734420 Serpentine Belt R 8/09/2024 23.24 055189
I-5509735585 AUTOZONE LLC R 8/09/2024 45.65 055189
I-5509737468 AUTOZONE LLC R 8/09/2024 82.05 055189
I-5509737793 AUTOZONE LLC R 8/09/2024 8.50 055189
I-5509737891 AUTOZONE LLC R 8/09/2024 14.13 055189
I-5509738574 Vehicle Supplies R 8/09/2024 31.62 055189
I-5509738860 AUTOZONE LLC R 8/09/2024 54.36 055189
I-5509738861 AUTOZONE LLC R 8/09/2024 162.04 055189
I-5509738907 AUTOZONE LLC R 8/09/2024 17.38 055189
I-5509739005 AUTOZONE LLC R 8/09/2024 114.17 055189
I-5509739310 AUTOZONE LLC R 8/09/2024 105.48 055189
I-5509741081 AUTOZONE LLC R 8/09/2024 231.63 055189
I-5509741193 AUTOZONE LLC R 8/09/2024 30.43 055189
I-5509741709 AUTOZONE LLC R 8/09/2024 31.62 055189
I-5509741714 AUTOZONE LLC R 8/09/2024 11.07 055189
I-5509741781 AUTOZONE LLC R 8/09/2024 102.17 055189
I-5509742244 AUTOZONE LLC R 8/09/2024 55.88 055189
I-5509742786 AUTOZONE LLC R 8/09/2024 92.45 055189
I-5509742839 AUTOZONE LLC R 8/09/2024 47.93 055189
I-5509742973 AUTOZONE LLC R 8/09/2024 16.83 055189
I-5509743018 AUTOZONE LLC R 8/09/2024 4.21 055189
I-6290849016 Booster Pump Support Shocks R 8/09/2024 39.31 055189 I-6290849365 AUTOZONE LLC R 8/09/2024 201.83 055189 1,323.49 BADGER BADGER METER, INC.
I-80166378 Badger Meter Signal R 8/09/2024 1,362.30 055191 1,362.30 341
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 8
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
BAILEY BAILEY STREET LIMITED
I-100522505 Polymer for Plant R 8/09/2024 11,508.40 055192 11,508.40
BENITE JESUS BENITEZ
I-2082 Rental Security R 8/09/2024 450.00 055193 450.00 BOUTRE BOUND TREE MEDICAL, LLC.
I-85434002 BOUND TREE MEDICAL, LLC. R 8/09/2024 213.91 055194 213.91
BUENRO OBED BUENROSTRO
I-08052024 Reimburse Fire Wood R 8/09/2024 120.00 055195 120.00
CASTJ JESSIE MEZA CASTANEDA
I-08062024 Mobile Food Vender - Cancel R 8/09/2024 300.00 055196 300.00
CISO CITY OF SOLEDAD
I-07312024 Water Services R 8/09/2024 34,084.48 055197 34,084.48
CORE&M CORE & MAIN LP
I-V075469 Backflow Enclosure City Hall R 8/09/2024 5,111.62 055198 I-V349894 Stock Poly Fittings/C-Copter R 8/09/2024 3,434.99 055198 8,546.61
CPCA T CALIFORNIA POLICE CHIEFS ASSOC
I-6465 Dues R 8/09/2024 365.00 055199 365.00
DATA DATAFLOW BUSINESS SYSTEMS, INC
I-396866 DATAFLOW BUSINESS SYSTEMS, INC R 8/09/2024 373.09 055200 I-397287 DATAFLOW BUSINESS SYSTEMS, INC R 8/09/2024 12.50 055200 385.59
ELIZEM EMMA ESPINOZA ELIZALDE
I-08062024 Mobile Food Vendor - Cancel R 8/09/2024 300.00 055201 300.00 EMCPLA EMC PLANNING GROUP INC.
I-24-110-1 General Planning Services R 8/09/2024 886.57 055202 886.57 GONZAC GONZALES ACE HARDWARE INC.
I-035467/3 Park Locks R 8/09/2024 108.40 055203
I-035506/3 Head Lamp R 8/09/2024 86.76 055203 195.16
GRAINE GRAINGER
I-9200252907 GRAINGER R 8/09/2024 307.42 055204
I-9201242519 GRAINGER R 8/09/2024 246.40 055204
I-9202310356 GRAINGER R 8/09/2024 346.10 055204
I-9202530771 GRAINGER R 8/09/2024 31.27 055204
I-9205200778 GRAINGER R 8/09/2024 145.42 055204
I-9205486997 GRAINGER R 8/09/2024 179.93 055204 1,256.54 342
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 9
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
GREENR GREEN RUBBER-KENNEDY AG
I-429238 GREEN RUBBER-KENNEDY AG R 8/09/2024 237.70 055205 I-429291 GREEN RUBBER-KENNEDY AG R 8/09/2024 12.23 055205 249.93
GUERR DAMIAN GUERRERO
I-123 Orchard Lane Park Service R 8/09/2024 4,000.00 055206 I-124 San Vicente Landscape R 8/09/2024 1,500.00 055206 I-125 Serra Rio Park Service R 8/09/2024 1,750.00 055206 I-126 DAMIAN GUERRERO R 8/09/2024 250.00 055206
I-127 Davalos Park Bio Park Service R 8/09/2024 1,750.00 055206 I-128 Calle Vol Verde Bio Service R 8/09/2024 1,750.00 055206 I-130 Little League Basketball Court R 8/09/2024 650.00 055206 I-131 DAMIAN GUERRERO R 8/09/2024 100.00 055206
I-132 DAMIAN GUERRERO R 8/09/2024 100.00 055206
I-133 DAMIAN GUERRERO R 8/09/2024 100.00 055206
I-134 Weed Abatement R 8/09/2024 1,000.00 055206
I-135 West St. Trimming R 8/09/2024 2,200.00 055206 15,150.00
GYMREP GUILLIEMO GARCIA
I-01175 Facility Fitness Equip Repairs R 8/09/2024 2,230.00 055207 2,230.00 HILLYA HILLYARD, INC.
I-605545669 Janitorial R 8/09/2024 30.00 055208 30.00
J.R. G J.R. GENERAL CONTRACTOR
I-07222024 Encroachment Permit Dep Rel R 8/09/2024 1,133.00 055209 1,133.00
JACKC CRYSTAL JACKSON
I-08062024 Seafood Vendor - Cancel R 8/09/2024 500.00 055210 500.00
JBHEAT JBENJAMIN LARA CHAVEZ
I-00076 HVAC Repair R 8/09/2024 340.00 055211
I-00078 Sleeping quarters at F D R 8/09/2024 1,000.00 055211 I-00079 FD Modular Office R 8/09/2024 840.00 055211 2,180.00
JHERNA JOSE HERNANDEZ
I-07312024 2024/25 Boot Reimbursement R 8/09/2024 250.00 055212 250.00
JOESS JOE'S SEWER & DRAIN
I-08062024 Encroachment Permit Dep Rel R 8/09/2024 1,092.00 055213 1,092.00
JOHNEL JOHNSON ENGINEERED SYSTEMS INC
I-4082499 JOHNSON ENGINEERED SYSTEMS INC R 8/09/2024 150.00 055214 150.00 343
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 10
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
LARRYD LARRY DAVIS ASSOCIATES, LLC
I-4631 Internet Troubleshooting R 8/09/2024 1,110.00 055215 1,110.00
LAWPRO LAWSON PRODUCTS
I-9311709705 LAWSON PRODUCTS R 8/09/2024 262.41 055216 262.41
LEXIPO LEXIPOL, LLC
I-11235289 LEXIPOL, LLC R 8/09/2024 3,133.26 055217 3,133.26 MAGBRO MAGGIORA BROS. DRILLING, INC.
I-M24-092 Well#10 CP Brush/Swap/Bail R 8/09/2024 4,920.00 055218 I-M24-093 Well #10 Pump Test set UP R 8/09/2024 23,400.00 055218 28,320.00 MOTIND MOTION INDUSTRIES, INC.
I-CA19-00790395 Gear Unit-Headworks R 8/09/2024 1,824.68 055219 I-CA19-00790401 Express Shipping-Headworks R 8/09/2024 682.81 055219 2,507.49
MY JEE SALINAS LINCOLN MERCURY, INC
I-257239 SALINAS LINCOLN MERCURY, INC R 8/09/2024 309.05 055220 309.05
NEWSV NEWSV MEDIA
I-116920 Public Notices R 8/09/2024 214.42 055221 214.42
OREAUT O'REILLY AUTO PARTS
I-204669 O'REILLY AUTO PARTS R 8/09/2024 68.66 055222
I-204677 O'REILLY AUTO PARTS R 8/09/2024 23.00 055222
I-204678 O'REILLY AUTO PARTS R 8/09/2024 105.00 055222
I-205018 O'REILLY AUTO PARTS R 8/09/2024 114.52 055222
I-205020 O'REILLY AUTO PARTS R 8/09/2024 31.76 055222
I-205130 O'REILLY AUTO PARTS R 8/09/2024 109.24 055222
I-205172 O'REILLY AUTO PARTS R 8/09/2024 16.42 055222
I-205173 O'REILLY AUTO PARTS R 8/09/2024 24.02 055222
I-205706 O'REILLY AUTO PARTS R 8/09/2024 57.88 055222
I-205780 O'REILLY AUTO PARTS R 8/09/2024 136.56 055222
I-205857 O'REILLY AUTO PARTS R 8/09/2024 35.18 055222
I-206005 O'REILLY AUTO PARTS R 8/09/2024 92.82 055222
I-206052 O'REILLY AUTO PARTS R 8/09/2024 74.80 055222
I-206071 O'REILLY AUTO PARTS R 8/09/2024 4.92 055222
I-206192 O'REILLY AUTO PARTS R 8/09/2024 67.54 055222
I-206658 O'REILLY AUTO PARTS R 8/09/2024 382.36 055222 1,344.68 P.G.E. PACIFIC GAS & ELECTRIC
I-07/16/24-2880 PACIFIC GAS & ELECTRIC R 8/09/2024 6,885.27 055224 I-07/19/24-1450 PACIFIC GAS & ELECTRIC R 8/09/2024 3,388.56 055224 I-07/23/24-7320 PACIFIC GAS & ELECTRIC R 8/09/2024 5,306.82 055224 I-07/25/24-9418 PACIFIC GAS & ELECTRIC R 8/09/2024 31,696.89 055224 47,277.54 344
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 11
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
PENINS PENINSULA WELDING & MEDICAL SU
I-264409 PENINSULA WELDING & MEDICAL SU R 8/09/2024 165.95 055225 I-264864 PENINSULA WELDING & MEDICAL SU R 8/09/2024 119.10 055225 285.05
PREAUT PRECISION AUTOMOTIVE
I-I023884 PRECISION AUTOMOTIVE R 8/09/2024 240.00 055226 240.00
RAINFO RAIN FOR RENT
I-2037487 Pipe for Well #10 R 8/09/2024 61.09 055227 61.09
REYTIR JESUS REYES
I-12652 Tire Patch/Repair R 8/09/2024 180.59 055228
I-12707 Front Tire Replacement/ Instal R 8/09/2024 440.07 055228 620.66 SAFETY SAFETY-KLEEN SYSTEMS, INC.
I-94945554 Oil & Liquid Absorbents R 8/09/2024 197.50 055229 197.50
SIGIRR SIGNATURE IRRIGATION
I-54200 PVC Parts Well #6 R 8/09/2024 28.54 055230 28.54
SOLAUT SOLEDAD AUTO PARTS
C-186847 Brake Caliper Return R 8/09/2024 32.78CR 055231 C-186952 Return Compressor R 8/09/2024 499.93CR 055231
I-186865 Shop Equipment Creeper Kit R 8/09/2024 126.66 055231 I-186876 Repairs - Dump Truck R 8/09/2024 482.10 055231 I-186917 Belt Repairs - Dump Truck R 8/09/2024 299.09 055231 I-186918 Battery Service Trucks R 8/09/2024 240.35 055231 I-186927 Dump Truck Compressor R 8/09/2024 499.93 055231 I-186950 Hose Reel-Replacement at Shop R 8/09/2024 343.89 055231 I-186964 A/C Compressor-Dump Truck R 8/09/2024 499.16 055231 1,958.47
SOLTRU SOLEDAD TRUE VALUE
I-08012024 Batteries Line Locator R 8/09/2024 34.92 055232 I-08052024 Oil for Storm Pond Pump R 8/09/2024 10.36 055232 45.28
STAPLE STAPLES BUSINESS CREDIT
I-6007633648 Office Supplies R 8/09/2024 20.98 055233
I-6007633649 Office Supplies R 8/09/2024 108.79 055233
I-6007633650 Janitorial Services R 8/09/2024 48.93 055233 I-6007633651 Janitorial Supplies R 8/09/2024 106.01 055233 I-6007633652 Office Supplies/Batteries/Tone R 8/09/2024 822.50 055233 I-6007633653 Office Supplies R 8/09/2024 304.56 055233
I-6007633654 USB R 8/09/2024 188.96 055233
I-6007633655 USB R 8/09/2024 70.99 055233
I-6007633656 Office Supplies R 8/09/2024 11.69 055233
I-6007633657 Certificate Paper R 8/09/2024 98.26 055233 1,781.67 345
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 12
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
TERMIN RENTOKIL NORTH AMERICA INC
I-448962161 Pest Control R 8/09/2024 45.00 055234
I-448980236 RENTOKIL NORTH AMERICA INC R 8/09/2024 45.00 055234 90.00
TMOBIL T-MOBILE USA, INC
I-07212024 Cell Phones R 8/09/2024 80.33 055235 80.33
TOWNSE TOWNSEND PUBLIC AFFAIRS, INC
I-22060 Grant Write R 8/09/2024 5,000.00 055236 5,000.00
TRICIT TRI-CITIES DISPOSAL AND RECYCL
I-0001104659 Plant Clean UP R 8/09/2024 365.22 055237
I-2024-07 Garbage Fees/July 2024 R 8/09/2024 159,181.24 055237 159,546.46
TRINIP TRINIDAD ZAVALA
I-24-0722 MU TRINIDAD ZAVALA R 8/09/2024 450.00 055238 450.00 USBANK U.S. BANK
I-7409484 Bond Admin Fee R 8/09/2024 2,750.00 055239 2,750.00
VERIZO VERIZON WIRELESS
I-9969661239 Air Cards R 8/09/2024 38.52 055240
I-9969661240 Cell Phone Service R 8/09/2024 782.20 055240 820.72
VESTIS VESTIS GROUP, INC
I-5110512022 PW Uniforms/Parks & Streets R 8/09/2024 108.94 055241 I-5110512023 PW Uniforms/Fleet R 8/09/2024 118.03 055241 I-5110512027 WW Uniforms R 8/09/2024 375.59 055241
I-5110512028 Water Uniforms R 8/09/2024 96.02 055241
I-5110516488 PW Uniforms/Parks & Streets R 8/09/2024 117.62 055241 I-5110516489 PW Uniforms/Fleet R 8/09/2024 130.97 055241 I-5110516493 WW Uniforms R 8/09/2024 390.42 055241
I-5110516494 Water Uniforms R 8/09/2024 106.61 055241 1,444.20 P.G.E. PACIFIC GAS & ELECTRIC
I-1185069-4 Little League Park Project H 1/28/2015 180.86 151600 180.86 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 95 1,066,620.02 0.00 1,064,336.63
HAND CHECKS: 1 180.86 0.00 180.86
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 1 VOID DEBITS 0.00
VOID CREDITS 2,283.39CR 2,283.39CR 0.00
TOTAL ERRORS: 0
346
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 13
VENDOR SET: 01 City of Soledad
BANK: APRAB Mechanics Bank
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: APRAB TOTALS: 97 1,064,517.49 0.00 1,064,517.49 BANK: APRAB TOTALS: 97 1,064,517.49 0.00 1,064,517.49
REPORT TOTALS: 97 1,064,517.49 0.00 1,064,517.49
347
8/15/2024 10:20 AM A/P HISTORY CHECK REPORT PAGE: 14
SELECTION CRITERIA
------------------------------------------------------------------------------------------------------------------------------------ VENDOR SET: 01-City of Soledad
VENDOR: ALL
BANK CODES: All
FUNDS: All
------------------------------------------------------------------------------------------------------------------------------------
CHECK SELECTION
CHECK RANGE: 055136 THRU 999999
DATE RANGE: 0/00/0000 THRU 99/99/9999
CHECK AMOUNT RANGE: 0.00 THRU 999,999,999.99
INCLUDE ALL VOIDS: YES
------------------------------------------------------------------------------------------------------------------------------------
PRINT OPTIONS
SEQUENCE: CHECK NUMBER
PRINT TRANSACTIONS: YES
PRINT G/L: NO
UNPOSTED ONLY: NO
EXCLUDE UNPOSTED: NO
MANUAL ONLY: NO
STUB COMMENTS: YES
REPORT FOOTER: NO
CHECK STATUS: NO
PRINT STATUS: * - All
------------------------------------------------------------------------------------------------------------------------------------ 348
SUBJECT: Resolution No. 6142, a Resolution of the City Council of the City of Soledad Approving the Application for Grant Funds for the Youth Community Access Grant Program for $145,930 and Authorizing the City Manager to Execute an Agreement with the State of California on Behalf of the City if Awarded
TO: Honorable Mayor Velazquez and City Council
FROM: Jessica Potts, Parks and Recreation Director
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.
Recommendation
It is recommended that the City Council of the City of Soledad approve Resolution No.6142, "Approving the Application for Grant Funds for the Youth Community Access Grant Program for $145,930 and Authorizing the City Manager to Execute an Agreement with the State of California on Behalf of the City if Awarded".
Executive Summary
Providing low-cost, accessible outdoor access to encourage healthy and active opportunities is a part of the Soledad Parks and Recreation Department's (SPR) mission. The Youth Community Access Grant Program (YCA) would provide valuable funding to develop a Youth Outdoor Adventure Program and expand access to those in Soledad who might not otherwise be able to afford to participate. If funded, the Youth Outdoor Adventure Program will offer up to eight (8) outings for 40 youth, ages 10-17 over a two-year period. Funds would cover the cost of admission, transportation, food, and staffing, as well as two annual local outdoor art activities that would build connection to the community and its open spaces.
Background
The State of California Natural Resources Agency is seeking to increase youth access to natural or cultural resources with a focus on low-income and disadvantaged communities. The funds are specifically focused on funding programs that connect people who lack access, fostering a sense of belonging for all Californians in the outdoors.
The available grants range from $25,000 to $500,000. The City is working with Townsend Public Affairs, Inc. to submit the application by the deadline. It is anticipated that grants will be awarded Fall 349
Resolution 6142 - Youth Community Access Grant
2025.
Review & Analysis
With the creation of the Parks and Recreation Department in 2021, staff has worked to establish a foundation of well-rounded recreational and leisure opportunities for the community of all ages and demographics. Programming for youth and seniors was expressed to be a priority for the City Council.
In building youth and multi-generational programming capacity, SPR has created social and active programs through sports, visual and performing arts, and cultural activities, as well as a variety of family-focused special events, like the annual Dia del Los Muertos event.
Through the grant, the City will launch the Youth Outdoor Adventure Program. This program will take youth groups on various outings throughout the area to explore and experience outdoor spaces, and other new environments. If the City of Soledad received the YCA grant, the SPR Department will plan and implement up to eight (8) outings over a two-year period. Up to 40 youth, ages 10-17, would be invited to participate in each outing. Funds would cover the cost of admission, transportation, food, and staffing, as well as two annual local outdoor art activities that would build connection to the community and its open spaces. As a part of the quarterly travel experiences, a partnership with FamCamp would be formed, providing an overnight camping experience for up to 30 youth, exposing them to an out-ofdoors learning experience.
To apply for the grant, the City Council must approve a resolution approving submittal of the application, certifying compliance with grant requirements, and authorizing the City Manager or designee to conduct all negotiations and execute and submit all related documents.
Financial Considerations
Costs associated with preparing the City's YCA grant application are included in the contractual agreement between the City of Soledad and Townsend Public Affairs, Inc. Programming costs will be determined by the grant award. The City is applying for $145,930 to be used to support the costs associated with the creation and implementation of a Youth Outdoor Adventure Program.
Alternatives
Approve the Resolution as recommended.
Do not approve the Resolution and provide other direction to staff.
Planning/CEQA
The submission of an application to the YCA Grant Program for youth programming is not considered a project for the purposes of CEQA and has no potential for resulting in either a direct or indirect impact to the environment.
Public Notice Requirements
Not Applicable.
Attachment(s):
350
RESOLUTION NO. 6142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH
COMMUNITY ACCESS GRANT PROGRAM AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA
ON BEHALF OF THE CITY IF AWARDED
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, if selected, the City of Soledad will enter into an agreement with the State of California to carry out the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Soledad:
1. Approves the filing of an application for the Youth Outdoor Adventures Program; and
2. Certifies that Applicant understands the assurances and certification in the application package; and
3. Certifies that Applicant or title holder will have enough funds to operate and maintain the project consistent with the grant guideline requirements or will secure the resources to do so; and
4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and
5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, and disabled access laws, and that prior to commencement of construction all applicable permits will have been obtained; and
6. Appoints the City Manager or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
Attachment 1
351
PASSED AND ADOPTED by the City Council of the City of Soledad, at a regular meeting duly held on the 21st day of August 2024, by the following vote:
AYES, and in favor thereof Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
352
SUBJECT: Resolution No. 6143, a Resolution of the City of Soledad Establishing a New On-Call Consultant List of Professional Services
TO: Honorable Mayor Velazquez and City Council
FROM: Donald Wilcox, Public Works Director
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 4.
Recommendation
It is recommended that the City Council of the City of Soledad consider Resolution No.6143, a Resolution of the City of Soledad “Establishing a New On-Call Consultant List of Professional Services”.
Executive Summary
The City engages regularly with consulting firms to perform a variety of professional services to assist with the delivery of Capital Improvement Program (CIP) Projects and to support other efforts in the Public Works Department. The staff has determined it was appropriate to seek qualifications from interested consulting firms due to the number of current and expected CIP projects. To ensure that we continue to move projects forward and avoid lengthy requests for qualifications, Staff is recommending that the City Council approve establishing a new on-call list for professional services.
Background
Under Resolution 5698, a list of on-call services of consultants was approved by City Council on April 7, 2021, to provide more flexibility to City Staff for required infrastructure upgrades or repairs and increase efficiencies with the established list of pre-qualified professional services firms. In addition, in March 2024, Caltrans requested a copy of the City’s on-call consultant Request for Proposals (RFP) from 2021, and after their review Caltrans determined that due to the inclusion of cost as an evaluation criteria within the City’s RFP, that solicitation could not be used for state funded projects after January 1, 2024. Cost could also not be an evaluation criteria for consultant selection for federally funded projects prior to January 1, 2024.
Under Resolution 5888, a new on-call consultant list was established by the City Council on November 2, 2022. Staff had identified disciplines and subdisciplines that were not included in the prior RFQs and considered it necessary to retain them for a complete list of additional supporting services per discipline.
353
Resolution No. 6143
Exhibit A - On-Call Consultants List
Review & Analysis
Staff issued a state and federal compliant Request for Qualifications (RFQ) on July 2nd, 2024, on Planetbids for professional support services for municipal engineering projects, including, but not limited to, parks and facilities architectural support, capital improvement project delivery, development review, staff augmentation, and other professional services. Approval of this new list will enable the City to accelerate project timelines by utilizing any of the qualified firms in the established list for projects, thus eliminating the need to request proposals or statements of qualifications formally through the bidding process. Additionally, the parameters of this RFQ were changed slightly so that fee schedules were eliminated as part of the selection criteria to avoid conflicts in federal and state funding opportunities. Project proposals will continue to be sought for projects in excess of the City Manager’s authorization and taken to the Council for approval.
The RFQ had a submission due date of July 31, 2024, which resulted in the City receiving 33 Statements of Qualifications (SOQs) from various consulting firms. Upon comparing the qualifications, approach, experience, and references of the responding parties, Staff found and deemed them all responsive. The list shall be for a duration of two years, with one-year optional renewals for a total of three years possible.
Financial Considerations
Funding for these services is based on the existing Fiscal Year 24/25 Budget. Any additional funding required in excess of what has been budgeted would require a budget amendment subject to City Council approval.
Alternatives
Approve the resolution as presented; or
Reject the proposed resolution and provide other direction; this action is not recommended as the City would not be able to accomplish CIP projects that are necessary to maintain the City.
Planning/CEQA
Pursuant to Section 21065 of the CEQA Guidelines, a “project” is defined as a “whole action” subject to a public agency’s discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. Establishing an On-Call Consultant List of firms that assist the City perform a variety of professional services to facilitate projects in not a project under CEQA as it will not cause a direct physical change to the environment and will not cause a reasonably foreseeable indirect physical change to the environment. Any project resulting in the use of the On-Call List shall be subjected to CEQA review and analysis.
Public Notice Requirements
None required
Attachment(s):
354
RESOLUTION NO. 6143
A RESOLUTION OF THE CITY OF SOLEDAD ESTABLISHING A NEW ON-CALL
CONSULTANT LIST OF PROFESSIONAL SERVICES
WHEREAS, the City engages regularly with consulting firms to perform a variety of professional services to assist with the delivery of Capital Improvement Program (CIP) Projects and other support efforts in the Public Works Department; and WHEREAS, under resolution 5698 a list of on-call services of consultants was approved by City Council on April 7, 2021, to provide more flexibility to City Staff for required infrastructure upgrades or repairs and increase efficiencies with the established list of pre-qualified professional services firms; and
WHEREAS, under resolution 5888 a new on-call consultant list was established by the City Council on November 2, 2022, which included disciplines and subdisciplines that were not included in the prior RFQs and considered necessary to retain for a complete list of additional supporting services; and
WHEREAS, on July 2, 2024, Staff issued a Request for Qualifications (RFQ) on Planetbids for professional services for municipal engineering projects, parks and facilities, architectural support, capital improvement project delivery, development review, staff augmentation and other professional services; and
WHEREAS, the City received a total of 33 Statement of Qualifications (SOQs) from various consulting firms; and
WHEREAS, Staff reviewed the submitted SOQs and compared the qualifications, approach, experience, and references of the responding parties and deemed them all responsive; and
WHEREAS, pursuant to California Public Resources Code 21065, the establishment of a on-call consultant list does not constitute a project as it will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and any project conducted under this on-call list shall be subjected to CEQA review and analysis.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that a “New On-Call Consultant List for Professional Support Services,” as set forth in Exhibit “A”, attached hereto and incorporated by this reference, is hereby approved.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 21st day of August 2024 by the following vote:
355
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
356
On-Call Consultant List
360PSM INC.
Akel Engineering Group, Inc.
Aurum Consulting Engineers
BFS LANDSCAPE ARCHITECTS
Cannon Corporation
ColeBreit Engineering
CSG Consultants, Inc.
Cypress Engineering Group
Denise Duffy & Associates
Dudek
Earth Systems Pacific
EMC Planning Group
FirstCarbon Solutions
Haley & Aldrich
Harris & Associates, Inc.
HydroScience Engineer
Ifland Engineers, Inc.
ISA In Studio Architecture
M3 Environmenmtal LLC
Mark Miller & Associates
Mesiti-Miller Engineering, Inc.
Metropolitan Planning Group
MNS Engineers, Inc.
Moore Twining Associates Inc
Pacific Crest Engineering
Pavement Engineering, Inc.
PlaceWorks
Schaaf & Wheeler
Tanaka Design Group
TL Engineering
Traffic Patterns
Wald, Ruhnke & Dost Architects
Wallace Group
Exhibit A
357
SUBJECT: Resolution No. 6144, A Resolution of the City Council of the City of Soledad Declaring Surplus Equipment and Authorizing the Sale, Donation or Disposal of Such Property
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Howard, Finance Director
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 5.
Recommendation
It is recommended that the City Council of the City of Soledad adopt Resolution No.6144, “Declaring Surplus Equipment and Authorizing the Sale, Donation or Disposal of Such Property”.
Executive Summary
City property is occasionally declared surplus due to age, cost of maintenance, obsolescence, or some other relevant factor. Disposal of said property cannot take place until it is formally declared surplus by the City Council. In previous years, the surplus property has consisted of vehicles, office furniture and equipment, e-waste (such as obsolete computers and peripherals), tools, equipment, unclaimed recovered property, and other miscellaneous items. The City is at a point where we have accumulated several items to be declared as surplus so that the items can be sold or disposed of.
Background
Since the last surplus project, dated April 2023, City staff has identified additional surplus items from the Public Works, Parks and Recreation, and Police Departments as detailed in “Exhibit A”. The City makes no guarantee whether the items sold need repair and all items are sold “AS IS” with no warranty implied. Additionally, it is stipulated that the buyer is responsible for omissions and any repairs necessary to pass (if applicable).
Review & Analysis
A review of old City property has revealed that the City has a variety of items that are obsolete, outdated or no longer useful to the City. Under Government State Code Section 37350 – 37351, the City can dispose of property for the City's common benefit.
The property identified in “Exhibit A” is no longer needed by the City, has exceeded its useful life, or no longer meets the operational needs of the City. The surplus list includes certain office furniture (i.e. 358
Resolution No. 6144
Exhibit A - Surplus List
cabinets, bookcase, wooden counter) that has been stored in the Corporation Yard for years and is taking unnecessary storage space. The two vehicles included in the list have exceeded their useful life and are no longer being used in patrol services by the Police Department. Additionally, certain equipment listed includes a commercial stove and range that were removed and will be replaced as part of the Community Center’s kitchen remodel project.
If declared surplus by the City Council and authorized for disposal, the surplus items will be sold by a third party at auction, by negotiation, or if no market value is determined, will be disposed of as scrap or donated. In the past, certain surplus equipment has been donated to local non-profit organizations.
Financial Considerations
Proceeds from the sale of surplus property will be recorded as revenue to the General Fund, unless the property was purchased with Enterprise Funds. In that case those funds will be recorded as revenue in the corresponding Enterprise Fund . In addition, the City will no longer need to pay to maintain, store, or repair these surplus vehicles and equipment. Proceeds from the sale of vehicles will be used to finance lease obligations for our current fleet of vehicles.
Alternatives
Adopt Resolution No. 6144, declaring items as surplus and authorizing sale, donation, or disposal of such property;
Take no action. This is not recommended as the City has limited storage capacity.
Provide alternative direction to staff.
Planning/CEQA
The approval and declaration of surplus property is not considered a project for purposes of CEQA since it has no potential for resulting in either a direct or indirect impact to the environment. (See CEQA Guidelines Section 15378.)
Public Notice Requirements
None required.
Attachment(s):
359
RESOLUTION NO. 6144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
DECLARING SURPLUS EQUIPMENT AND AUTHORIZING THE SALE, DONATION,
OR DISPOSAL OF SUCH PROPERTY
WHEREAS, Government State Code Section 37350 - 37351 provides for the ability of cities to dispose of property for the common benefit of the City; and WHEREAS, the City of Soledad has accumulated material that is either obsolete, outdated or is no longer of use to the City and thus is considered surplus property; and WHEREAS, the value, obsolescence and condition of these items make it impractical to trade the same in on future purchases of new inventory items and to obtain a maximum return for said surplus items, and as such, it is in the best interest of the City to sell, donate or dispose of the same; and
WHEREAS, the City Council of the City of Soledad has in the past declared obsolete, outdated or property no longer of use to the City as surplus property and authorized that the property be sold, destroyed or donated to other agencies for use; and WHEREAS, staff has compiled a list of surplus equipment “Exhibit A” and is recommending that the Council deem the lists as surplus property and direct staff to dispose of such property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Soledad as follows:
1. Based upon the findings and recommendations of City Staff, the items of inventory belonging to said City, as shown in Exhibit “A” attached hereto, are declared surplus to the foreseeable needs of the City; and
2. That it is deemed to be for the common benefit of the residents of said City to dispose of said inventory by sale, donation or other appropriate means.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 21st day of August 2024 by the following vote:
AYES, and in favor thereof Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
360
____________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
_____________________________________
MEGAN HUNTER, City Clerk
361
Qty. Item Description ID Number Category
15 Cabinets A mix of office cabinets and shelves N/A Furniture 1 Bookcase Small brown bookcase N/A Furniture
1 Cell phone locker
Aluminum gray cell phone storage locker with
30 combo doors N/A Furniture
1 Display Case Outdoor message bulletin board 48"x48" N/A Furniture 1 Counter Wooden counter N/A Furniture
1 Hutch Brown desk hutch N/A Furniture
1 Refrigerator McCall commercial two-door refrigerator SN. M-098202 Model 4-4045 Equipment 1 Stove Vulcan commercial 6 burner stove N/A Equipment
1 Range Vulcan double full size convection oven N/A Equipment 1 Patrol Vehicle 2015 Ford Expedition (mileage 115,908) 1356454 VIN 1FM5K8ARXFGA46085 Vehicles 1 Patrol Vehicle 2015 Ford Expedition (mileage 75,569) 1356464 VIN 1FM5K8AR6FGC66856 Vehicles
EXHIBIT A
SURPLUS LIST
362
SUBJECT: Ordinance No. 771, An Ordinance of the City Council of the City of Soledad Increasing Council Compensation
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunger, City Manager
AGENDA ITEM NO. 1.
Recommendation
It is recommended that the City Council waive reading, adopt and read by title only “An Ordinance of the City Council of the City of Soledad Adjusting Council Compensation.” Executive Summary
As was previously discussed with the Council, Senate Bill No. 329, adopted in 2023, allows significant increases in council compensation for the first time in almost 40 years. The last adjustment to the Soledad City Council’s compensation was implemented in 2012. Pursuant to Government Code Section 36516, all compensation adjustments must be made by ordinance. After discussing the new law, the Council directed that Staff prepare and bring back an Ordinance increasing Council compensation.
Ordinance No. 771 was introduced and read by title only at the City Council meeting of August 7, 2024, and is before the Council this evening for consideration of adoption.
Background
State law regulates maximum compensation for councilmembers and when adjustments to compensation become effective. The compensation schedule for general law cities like Soledad has not been adjusted by the legislature since 1984, meaning that city council compensation has not kept pace with inflation. On June 29, 2023, Governor Newsom approved Senate Bill No. 329 (“SB 329”) which amended Government Code Section 36516 so as to increase the maximum amount of councilmember salary that may be approved by an ordinance passed by the city council. According to SB 329’s author, the salary increases authorized by the new law are designed to address recent inflationary increases and economic realities, enable city councilmembers to balance their careers and personal obligations with the calling to serve the community, and provide incentive for members of marginalized communities to provide public service to a city.
After discussing this matter in detail at the City Council meeting of May 1, 2024, the Council provided direction to Staff and then deferred any action until after the adoption of the Fiscal Year Budget. 363
Under AB 329, council compensation may be adjusted in several ways, including: 1) On the basis of a city’s population; 2) By an amount equal to 5% for each calendar year from the operative date of the last salary adjustment; or, 3) By an amount equal to inflation, based on the Consumer Price Index commencing in January of 2024, which may not exceed 10% for each calendar year. All increases must be adopted by ordinance, with a first and second reading, and include findings concerning the need for the proposed increase. A council may also place the issue of council compensation on the ballot at any municipal election, proposing that the compensation be increased beyond or decreased below the amounts set forth in Gov. Code Section 36516. The voters would then decide whether the proposed salary should be enacted.
Review & Analysis
The current salary for the Soledad City Council was established by resolution in 2012. In recognition of economic downturn at that time, the compensation for the Mayor was temporarily reduced for one year from $612 per month to $551 per month, or $6,612 annually, while the compensation for councilmembers was temporarily reduced from $512 per month to $451 per month, or $5,412 annually.
Currently, City Council salaries are $612 per month for the Mayor or $7,344 annually, and councilmembers receive $512 per month or $6,144 annually. (Note that per Soledad Municipal Code Section 2.28.010 and Government Code Section 36516.1, the Mayor receives one hundred dollars per month in addition to his/her salary as a councilmember.) Pursuant to the provisions of Government Code Section 36516, a council’s compensation choices are as follows:
A. Apply the new maximum salary established by SB 329 for cities with a population of 35,000 or less to set the salary for council members in Soledad at $950 per month, or $11,400 annually. The salary for the Mayor would be $1,050 per month or $12,600 annually.
B. Choose to increase the salary of councilmembers to an amount below the maximum salary.
Examples are as follows:
10% increase - Mayor $7,956 ($663), Councilmember-$6,756, ($563) 15% increase - Mayor $8,268 ($689), Councilmember- $7,068, ($589) 20% increase - Mayor-$8568, ($714), Councilmember-$7,368, ($614) C. Consider adoption of an ordinance that would increase council compensation by either of the two formulas provided in Government Code Section 36516. Application of the formula that allows for a 5% annual increase for every year since the last salary adjustment, or 2012, would result in a new annual salary of $11,028, ($919) for Councilmembers and $12,228, ($1,019) for the Mayor. This would exceed a population-based salary increase. The Council could also consider a lesser annual multiplier, with the results such as follows:
4% annually- Mayor- $11,040, ($920), Councilmember-$9,840, ($820) 3% annually- Mayor-$9,960, ($830), Councilmember-$8,760, ($730) 2% annually-Mayor-$8,988, ($749), Councilmember-$7,778, ($649) The other method listed for increasing salaries, by using the CPI commencing in January of 2024, capped at a maximum of 10%, would result in a new annual salary of $6,288, ($524) for Councilmembers and $7,488, ($624) for the Mayor.
364
Ordinance No. 771
D. Place a measure before the voters asking them to establish the salaries of the council and mayor. Said amount could be greater or less than the population-based maximums established in Section 36516.
After discussing these options, the Council expressed a preference for a salary increase at the population-based maximum level authorized by law, $950 a month. The Mayor would receive an additional $100 per month pursuant to SMC Section 2.28.010, or $1,050 a month. An ordinance effectuating that adjustment was prepared by Staff and after waiving reading, the Council introduced Ordinance No. 771 and read it by title only at the City Council meeting of August 7, 2024. Ordinance No. 771 is before the Council this evening for consideration of adoption.
Note that while usually any ordinance adopted by the Council would take effect thirty days after adoption, by operation of Government Code Section 36516.5, any change in salary would not take effect until the first pay period after a councilmember commences a new regular term of office, in this case after the election in November of 2024. So, the earliest the increase will be effective will be in December of 2024.
Financial Considerations
At the City Council meeting of August 7, 2024, Finance Director Mike Howard confirmed that a population-based salary increase for the Council as established by SB 329 was incorporated into the Fiscal Year 2024-2025 budget as a place holder for the period of December 2024 through June 2025 in anticipation of the Council taking action to increase council compensation.
Alternatives
Council may adopt Ordinance No. 771.
The Council can request that the Ordinance be modified to some lesser or greater amount or otherwise altered. Such changes would require the Item to be modified and then brought back for reintroduction at a subsequent meeting.
The Council can take no action and leave councilmember salary at its current rate.
Planning/CEQA
The adoption of Ordinance No. 771 is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), since it can be seen with certainty that proposed salary increase will not result in a significant effect on the environment Public Notice Requirements
None
Attachment(s):
365
ORDINANCE NO. 771
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
INCREASING COUNCIL COMPENSATION
WHEREAS, Senate Bill 329 (SB 329), effective January 1, 2024, amended Government Code Section 36516 to increase the maximum compensation that can be paid to city councilmembers, and
WHEREAS, pursuant to Government Code Section 36516, authorized maximum salaries have been established on the basis of population, with the new maximum salary for council members in a city with a population of less than 35,000, as is the case on Soledad, set at $950 per month; and
WHEREAS, as noted by the state legislature in SB 329, the councilmember compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation; and WHEREAS, allowing adjustment for inflation may help city councils become more diverse because increased compensation can help individuals from across different income levels to receive sufficient income from their service to help ensure that they can continue to serve the public and support their families; and
WHEREAS, increased compensation for councilmembers also reflects the significant time commitment required to serve as a councilmember; and WHEREAS, councilmember compensation in Soledad has not been adjusted since 2012, when it was temporarily reduced in response to the local and statewide economic downturn; and WHEREAS, Government Code Section 36516 directs increases in councilmember compensation to be effectuated by Ordinance; and
WHEREAS, after discussing the issue of councilmember compensation on May 1, 2024, the City Council directed that an ordinance increasing councilmember compensation be prepared for consideration at a future meeting.
NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Soledad as follows:
SECTION 1. All of the recitals set forth above are true and correct to the best of its knowledge and by this reference are incorporated herein.
SECTION 2. Consistent with California Government Coe Section 36516, all members of the City Council of the City of Soledad shall receive a salary of $950 per month. The Mayor 366
will continue to receive supplemental compensation of $100 per month in accordance with Soledad Municipal Code Section 2.28.010 of $100 for a total of $1,050 a month.
SECTION 3. Effective Date. This Ordinance shall not be effective until December of 2024, when a new term of office for any Councilmember commences.
SECTION 4. CEQA. This Ordinance is not subject to the California Environmental Quality Act (CEQA) because based on 14 California Code of Regulations Section 15061(b)(3), it can be seen with certainty that a proposed salary increase will not result in a significant effect on the environment.
SECTION 5. Notice. The City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary thereof prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Soledad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Soledad City Council on the 7th day of August, 2024, and thereafter;
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Soledad on the ___ day of ___, 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, The Honorable Mayor
ATTEST:
_______________________________
MEGAN HUNTER, City Clerk
367
SUBJECT: Public Hearing Before The Soledad City Council For Discussion of Possible Community Development Block Grant (CDBG) Applications For The 2024 Funding Cycle Public Hearing
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang, Community and Economic Development Director, Beatriz Trujillo, Housing Analyst and Tencia Vargas, Economic Development Coordinator
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
It is recommended that the City Council of the City of Soledad hold a Public Hearing to gather community input and provide direction to staff concerning potential grant applications for the Community Development Block Grant (CDBG) funding under the 2024 Notice of Funding Availability (NOFA).
Executive Summary
The City of Soledad can apply for financial support from the California Department of Housing and Community Development (HCD) for a variety of City projects and programs via competitive grants under the 2024 CDBG NOFA anticipated to be released this month. City staff anticipates submitting three applications for funding that will continue to support the Economic Development Business Loan Program, a new First-Time Homebuyer Assistance Program, and Public Facility funds to assist with upgrades for the Community Center.
Background
The General and Economic Development Components of the State CDBG program publish Notices of Funding Availability (NOFA’s) each program year (July 1 to June 30). Eligible cities and counties may submit applications for CDBG funds under these NOFAs. Typically, up to $500,000 is available under the General Allocation NOFA each year but greater amounts may be available. Up to $1,500,000 is available under the Economic Development Enterprise Allocation NOFA each year. Additionally, each year Planning and Technical Assistance Grants of up to $250,000 are available under the General and Economic Development Components.
Eligible activities under the above NOFA Allocations consist of infrastructure in support of new 368
housing construction projects; housing acquisition and housing rehabilitation programs; community facility and public work projects; and public service programs and planning studies. Economic development programs and projects and planning activities are also eligible for grants. Eligible activities paid for with State CDBG funds must meet one or more of the three National Objectives listed in CDBG Federal Statutes as follows: 1. Benefit to low- and moderate-income households or persons (also called Low- Moderate Income (LMI)); 2. Aid in the prevention or elimination of slums and blight; and, 3. Meeting an urgent community development need (a need resulting from a State or Federally declared disaster).
The City of Soledad anticipates submitting applications under the State CDBG NOFA published during the 2024 program year. Applications are anticipated under the General and Economic Development Components as well as the Planning and Technical Assistance Components. A separate public hearing will be held to discuss and approve each proposed application prior to submittal to the State.
The purpose of this Public Hearing is to give citizens an opportunity to make their comments known regarding what types of eligible activities the City should be applying for under the State CDBG program.
Review & Analysis
Staff anticipates applying for 2024 CDBG funding and would like to request ideas on needs and suitable projects from the City Council and the public. Not all concepts may qualify or be competitive, however, at this point we should seek to identify potential needs and Staff can then discuss these with the HCD representative to determine which may be more successful.
Again, it is not known if all of the proposed applications listed below would be eligible or competitive, nor is it known to what extent the community and City Council may or may not support these projects.
They are offered only for discussion purposes.
1. The CDBG Economic Development Allocation will announce the availability of approximately $1,500,000 per application in the FY 2024-2025 NOFA. Staff recommends continuing the City’s business assistance efforts, as the Soledad business community continues to demonstrate a strong need for financial support through the Business Assistance Loan Program. This program is particularly vital as many local businesses face challenges in securing conventional loans due to high interest rates and stringent restrictions.
To better serve these businesses, staff will be reviewing and updating the program guidelines. The goal is to expand the list of eligible activities and offer financial assistance at more feasible rates and terms.
By doing so, the program aims to empower local businesses to improve, expand, and even launch new ventures within our community.
2. The CDBG General Allocation will announce the availability of grant funds for Public Facilities applications of up to $500,000. Staff is proposing to apply under the Public Facilities component of the NOFA to continue funding improvements to the City Community Center such as ADA compliance improvements and an emergency generator that will support the facility’s use as a cooling/heating center for the City.
3. The CDBG General Allocation will announce the availability of funding for Housing Program applications of up to $500,000. Staff proposes applying for this funding to support a First-Time Homebuyer Program that will assist low and moderate-income first-time home buyers with down 369
CDBG NOFA - Public Notice
payment assistance, closing costs, and gap financing.
Financial Considerations
There is no fiscal impact as a result of this item, other than publication costs to the newspaper to notice the public hearing. Expenses to pay for writing the grants are currently covered under existing contracts with Susan Long of Dragonfly Business Consulting, who will cover the general application process, and with Angel Johnstone who will prepare Economic Development applications and will be paid from the CDBG Program Income Fund (Fund 261).
Alternatives
• Accept staff recommendations on applying for CDBG funds but with alternate program activities. • Decline to pursue CDBG funds in the current funding cycle.
Planning/CEQA
Pursuant to Section 21065 of the CEQA guidelines, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. The proposed consideration is establishing activities that will be used to apply for the upcoming 2024 CDBG NOFA. This action will not cause a direct physical change to the environment.
Any development project resulting from the application and approval of a CDBG Grant Award may be subject to subsequent CEQA review and analysis.
Public Notice Requirements
A public notice was published in The Salinas Valley Tribune on August 11, 2024 (see Attachment A) and was posted outside of the Soledad City Hall offices.
Attachment(s):
370
CITY OF SOLEDAD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Soledad will
conduct a public hearing on August 21, 2024, at 6:00 pm, at City of Soledad city hall located at 248 Main Street, Soledad, CA 93960 to discuss possible applications for funding under the State Community Development Block Grant (CDBG)
Program and to gather residents’ input for possible activi- ties to be included in the application.
The City of Soledad anticipates submitting an application during the next CDBG program year. The City of Soledad
has or anticipates receiving approximately $300,000 in CDBG Program Income.
The purpose of this hearing is to review CDBG eligible
activities and collect residents’ views on housing, commu- nity development, and economic development needs (which includes economic development business loans, services, facilities, and/or infrastructure that will improve livabil- ity within the community or promote small business and employment).
The following information related to the project is available at 248 Main Street, Soledad, CA 93960 between the hours of 8:00 AM to 5:00 PM on Monday –Friday or by emailing the contact listed below:
Amount of funds available and range of activities that may be undertaken.
Information on proposed project(s).
Estimated amounts of funds proposed to be used for activi- ties benefiting persons of low- and moderate-income.
Plans for minimizing displacement of persons as a result of activities associated with CDBG funds and plans for provid- ing assistance to persons displaced as a result of CDBGfunded activities.
Records regarding the past use of CDBG funds.
Anyone may attend the public hearing and be heard in person or via Zoom https://cityofsoledad.zoom.us/j/86517739550 one tap mobile at 1 (669) 444-9171 with Webinar ID: 865 1773 9550.
If you wish to submit comments for this meeting in advance and no later than 5:00 PM on August 21, 2024. If you can’t attend, please email [email protected], drop-off your statements at Soledad City Hall or mail to the Housing Division, P.O. Box 156, Soledad, California 93960.
The City of Soledad does not discriminate on the basis of race, color, national origin, sex, sexual orientation, gender identify, age, religion or disability. If you require specific accommodations to participate in the public hearing, please contact Beatriz Trujillo at least 24 hours prior to the scheduled hearing.
AVISO DE AUDIENCIA PÚBLICA
SE NOTIFICA POR LA PRESENTE que la Cuidad de
Soledad conducirá una reunión pública el 21 de agosto de 2024 a las 6:00 PM, en el ayuntamiento de la Cuidad de
Soledad ubicado en 248 Main Street, Soledad, CA 93960 para debatir las posibles solicitudes de financiación en el marco del Programa de Subvención en Bloque para el Desarrollo Comunitario (CDBG) y para recibir comentarios los resi- dentes sobre las posibles actividades que se incluirán en la solicitud.
La Cuidad de Soledad prevé presentar una solicitud durante el próximo año del programa CDBG. La Ciudad de Soledad
tiene o prevé recibir aproximadamente $300,000 en ingresos del programa CDBG.
El propósito de esta audiencia es revisar las actividades elegibles del programa CDBG y recibir las opiniones de los residentes sobre las necesidades de vivienda, desarrollo comunitario, y desarrollo económico (que incluyen présta- mos comerciales para el desarrollo económico, servicios, instalaciones y/o infraestructuras que mejorarán la habit- abilidad de la comunidad o promover las pequeñas empresas y el empleo)
La siguiente información relacionada con el proyecto está disponible en 248 Main Street, Soledad, CA 93960 entre las horas de 8:00 AM – 5:00 PM de lunes a viernes o enviando un correo electrónico al contacto indicado a continuación:
Cantidad de los fondos disponibles y tipos de actividades que pueden emprenderse.
Información sobre el/los proyecto(s) propuestos.
Cantidades estimadas de los fondos que se propone utilizar para actividades que beneficien a personas de ingresos bajos y moderados.
Planes para minimizar el desplazamiento de las personas como resultado de las actividades asociadas con los fondos del programa CDBG y planes para proporcionar asistencia a las personas desplazadas como resultado de las actividades financiadas por el programa CDBG.
Registros relativos a la utilización en el pasado de los fondos del programa CDBG.
Si no puede asistir a la audiencia pública, puede dirigir sus comentarios por escrito a Cuidad de Soledad, a la dirección proporcionada arriba, o poniéndose en contacto con Beatriz Trujillo por teléfono o correo electrónico a (813) 223-5056 y [email protected] a más tardar a las 5:00 PM del 21 de agosto de 2024 para garantizar que se incluyan en el acta oficial de la audiencia.
La Cuidad de Soledad no discrimina por motivos de raza, color, origen nacional, sexo, orientación sexual, identidad de género, edad, religión o discapacidad. Si necesita adaptaciones específicas para participar en la audiencia pública, póngase en contacto con Beatriz Trujillo al menos 24 horas antes de la audiencia programada.
Publication Dates
L00000000
371
SUBJECT: Resolution No. 6147, A Resolution of the City Council of the City of Soledad Approving and Authorizing the City Manager to Execute Subrecipient Agreements with The County of Monterey for the Encampment Resolution Funding Program - Round 3 (ERF-3) in an Amount not to Exceed $2,500,000
TO: Honorable Mayor Velazquez and City Council
FROM: Kao Nou Yang, Community and Economic Development Director, and Beatriz Trujillo, Analyst Housing
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.
Recommendation
Motion to approve a Resolution:
1. Approving the execution of the Subrecipient Agreements with the County of Monterey for the Encampment Resolution Funding Program - Round 3 (ERF-3) in an amount not to exceed $2,500,000; and
2. Authorizing the City Manager and City Attorney to finalize the terms of the Agreements and directing the City Manager to execute the Agreements and related documents necessary to implement the grant program on behalf of the City of Soledad upon the approval of the Monterey County Board of Supervisors; and
3. Establishing an ERF-3 appropriation fund of up to $2,500,000 and amending the FY 24/25 Budget for related expenditures to implement the grant program; and
4. Approving the job classification of the Homeless Services Coordinator and associated job description and establishing the salary range as $35.07 - $41.83/hour.
Executive Summary
Both City councilmembers and staff have consistently reached out to the County of Monterey to help address the growing encampment in the Salinas River that straddles both of our jurisdictions. Since last year’s winter storms, this encampment has grown with an estimated 35-45 encampment residents. As a result of this advocacy, on January 31, 2024, the County of Monterey Administrative Office Homeless Services Program (CAOHS), in collaboration with City staff, submitted an ERF-3 application. On April 18, 2024, CAOHS received the ERF-3 award letter for a total amount of $4,726,964. The CAOHS will subgrant a portion of the award, not to exceed $2,500,000 to the City of Soledad through subrecipient 372
agreements between both parties. The ERF-3 funds will allow the City to create and provide interim housing solutions with supportive services, create a new Homeless Services Coordinator position and a establish a Motel Voucher Program.
Background
In 2022, under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (sections 50250 et seq.), the Encampment Resolution Funding (ERF) Program was established to increase collaboration between the CAL-ICH, local jurisdictions, and continuums of care (CoC’s) to accomplish the following:
Assist Local Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
Provide grants to Local Jurisdictions and CoCs to resolve critical encampment concerns and transition individuals into safe and stable housing.
Encourage a data-informed, coordinated approach to address encampment concerns.
In March 2023, Encampment Resolution Funding Round 3 (ERF-3) was authorized through Senate Bill (SB) 197 (Chapter 70, Statutes of 2022), and enacted under Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.). The $400 million for this third round of funding was appropriated by SB 101 (Chapter 12, Statute of 2023) to fund ERF-3.
On January 17, 2024, the City Council authorized City staff to partner with CAOHS to develop and submit an ERF-3 application for the Salinas River/Soledad Encampment. The CAOHS submitted a grant application on January 31, 2024, and on April 18, 2024, CAOHS received a notification of intent by Cal ICH to award $4,726,964 for the Salinas River/Soledad Encampment project plan. As part of this partnership, the CAOHS committed to subgrant a portion of the grant award to the City.
Review & Analysis
The approved ERF-3 will resolve an encampment of approximately 40 people living in the Salinas riverbed within the City of Soledad in southern Monterey County. The City of Soledad and CAOHS partnered to develop a plan to support the encampment residents with increased outreach services, expanded interim housing capacity, rental subsidies, and linkages to affordable housing units.
Term of the SubrecipientAgreements andAllowableActivities The City may begin incurring eligible costs under the approved ERF-3 on July 1, 2024. Funds shall be fully expended by June 30, 2027. The eligible activities include interim shelter, motel vouchers, permanent housing financial assistance, rapid rehousing, and outreach. The acceptance of this award will allow the City to achieve the proposal’s outcomes and expand the collaboration with the CAOHS, Step-Up and the Coalition of Homeless Services Providers (CHSP).
Partnerships and Responsibilities
Given that this grant award is a collaboration with the CAOHS, the responsibilities between parties are outlined as follows:
373
City’s Responsibilities
Interim Shelter Construction Management
Hire a Homeless Service Coordinator (full draft job description on Exhibit A) Liaison between City Department and Operator
Ensures grant compliance
Establishes and oversees the Motel Voucher program
Address community concerns
Supports outreach and referrals
CAOHS Responsibilities
Grant Management
Services Provider Selection
Subrecipient Agreements
Step-Up (Operator)
Case Management
Client Intake
Financial Assistance (Rapid Rehousing and Rental Assistance) Interim Shelter Operations
Outreach and Referrals
City’s ERF-3 Estimated Budget
Item Allocation
Motel Vouchers $199,500
Site Development $250,000
Interim Shelter Construction $1,155,000
Homeless Services Coordinator $203,016
Interim Shelter Amenities &
Furniture
$100,000
Professional Services $2,000
Transportation & Food $126,240
Consumables/Supplies $12,000
Contingencies $163,550
Total $2,211,306
With the addition of this funding, City Council will need to establish an ERF-3 appropriation fund of up to $2,500,000 and amend the FY 24/25 Budget for related expenditures to implement the grant program. Although the City may receive additional funding beyond the program budget of $2,211,306, only the amount granted will be spent.
City staff have been working with CAOHS on the best approach to grant ERF-3 funds. It was decided that it would be better to have two separate subrecipient agreements, one for services and one for the development of the interim housing. The City already has an agreement in place with the County for encampment clean up, storage, and motel vouchers in the amount of $40,000 that was spent in Fiscal Year 23/24. Because this agreement is already in place, the County is proposing to amend the 374
Resolution No.6147 ERF-3
Exhibit A - Homeless Services Coordinator Job Description_Draft Exhibit B - Subrecipient Agreement_Amendment.pdf
Exhibit C: Subrecipient Agreement II_Draft
agreement to add new services, primarily for the City's Homeless Services Coordinator, and funding, The City would also enter into a separate subrecipient agreement for the development of the interim housing because some of the contract provisions are different.
The City supports this approach to grant these funds, but the County still is in the process of completing its legal review and will take the item to the Board of Supervisors for formal approval in September. It is expected that the content and form of these draft agreements is largely as shown in the attachments, but it is requested that City Council authorize the City Manager and City Attorney to finalize the terms of these Agreements and direct the City Manager to execute the Agreements and related documents necessary to implement the grant program after approval by the Board of Supervisors.
In addition to these actions, it is recommended that the City Council approve the job classification of the Homeless Services Coordinator and associated job description and salary range. As outlined above, ERF-3 provides funding for the City to hire a temporary Homeless Services Coordinator for up to three years. Hiring this position is critical to helping put encampment residents on a pathway to housing and connecting them to the resources they need. Once approved, the Human Resources Manager will open the recruitment.
Financial Considerations
The funding received through the ERF-3 subrecipient agreements will provide additional funds to support three years of homeless services personnel costs, an interim shelter, motel vouchers, and outreach efforts. The Community and Economic Department will administer the ERF-3 grant will continue to coordinate with the City’s Finance and Legal Departments to ensure full regulatory compliance and the efficient, full disbursement of funds.
Unfortunately, the costs of the Interim Shelter are based on estimates. To ensure that the City receives full reimbursement for these costs, CAOHS is willing to shift funding around to increase the City's portion beyond the $2,211,306 in the budget. Based on the grant budget, CAOHS estimates that the City could be granted up to $2.5 million if necessary to cover funding gaps for the interim shelter.
Alternatives
Adopt the Resolution as presented to facilitate implementation of this program.
Defer adoption of the required resolution pending additional information. This is not recommended as it will delay hiring of key staff and program implementation.
Planning/CEQA
Not a Project. The City of Soledad has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
Public Notice Requirements
Not required.
Attachment(s):
375
Attachment A - Award Letter.pdf
Attachment B - Soledad ERF3 Project Plan.pdf
Attachment C - Interim Housing Site Map.pdf
ERF Presentation - August 21, 2024
376
RESOLUTION NO. 6147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
AUTHORIZING THE CITY MANAGER TO EXECUTE SUBRECIPIENT
AGREEMENTS WITH THE COUNTY OF MONTEREY FOR THE ENCAMPMENT RESOLUTION FUNDING PROGRAM - ROUND 3 (ERF-3) IN AN AMOUNT NOT TO EXCEED $2,500,000
WHEREAS, in 2022, under the authority of Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (sections 50250 et seq.), the Encampment Resolution Funding (ERF) Program was established to increase collaboration between the California Interagency Council on Homelessness (CAL-ICH), local jurisdictions, and continuums of care (CoC’s); and WHEREAS, the ERF Program seeks to fund local projects that provide services to address the immediate crisis of experiencing unsheltered homelessness in encampments, to support people living in encampments onto paths to safe and stable housing, and that result in sustainable restoration of public spaces to their intended uses while safeguarding the needs of unhoused people seeking shelter; and
WHEREAS, on January 17, 2024, the City Council authorized City staff to partner with County of Monterey Administrative Office Homeless Services Program (CAOHS) to develop and submit an ERF- Round 3 (ERF-3) application for the Salinas River/Soledad Encampment; and WHEREAS, on January 31, 2024, CAOHS submitted an ERF-3 grant application to CALICH for the Salinas River/Soledad Encampment; and WHEREAS, on April 18, 2024, CAOHS received the ERF-3 award letter for a total amount of $4,726,964; and
WHEREAS, CAOHS agreed to subgrant a portion of the award, not to exceed $2,500,000 to the City of Soledad through a subrecipient agreement; and WHEREAS, the acceptance of the ERF-3 grant will allow the City to build Interim Housing, create a new full time Homeless Service Coordinator position and create a Motel Voucher Program for the Salinas River/Soledad Encampment occupants.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Soledad that the Council authorizes the execution of the Subrecipient Agreements with the County of Monterey for the Encampment Resolution Funding Program - Round 3 (ERF-3) in an amount not to exceed $2,500,000.
BE IT FURTHER RESOLVED that the City Council of the City of Soledad authorizes the City Manager and City Attorney to finalize the terms of the Agreements and directs the City Manager to execute the Agreements and related documents necessary to implement the grant program on behalf of the City of Soledad upon the approval of the Monterey County Board of Supervisors.
377
BE IT FURTHER RESOLVED that the City Council of the City of Soledad authorizes the establishment of an ERF-3 appropriation fund of up to $2,500,000 and approves a corresponding amendment to the FY 24/25 Budget for related expenditures to implement the grant program.
BE IT FURTHER RESOLVED that the City Council of the City of Soledad approves the job classification of the Homeless Services Coordinator and associated job description and establishes the salary range as $35.07 - $41.83/hour.
PASSED AND ADOPTED at a meeting of the City Council of the City of Soledad duly held on the 21st day of August 2024, by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
378
CITY OF SOLEDAD Approved: _______
FLSA: EXEMPT
HOMELESS SERVICES COORDINATOR
DEFINITION
Under general direction, responsible for the operational management of the City’s Encampment Resolution Fund, which include the establishment and operation of an interim housing site. The Homeless Services Coordinator will oversee the Peer Outreach Worker; develop and implement new strategies in collaboration with other agencies; organize and participate in public outreach, education and advocacy; coordinate services providers; and prepare reports. This position will work closely with the County of Monterey Department of Homeless Services and the Coalition of Homeless Services Providers (CoC).
SUPERVISION RECEIVED AND EXERCISED
Receives supervision from Housing Analyst or designee.
CLASS CHARACTERISTICS
This is a single level position within the Community and Economic Development Department.
Responsible for the implementation and operations of the City’s homeless programs and initiatives. Receives direction from the Housing Analyst.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢ Provides oversight of all administrative aspects of the City’s homelessness encampment programs, including coordination and communication with other City staff, communitybased service providers, members of the public, encampment residents, and program participants.
➢ Oversees the City’s Encampment Resolution Fund Program, interim housing site, coordinates with site operator, the County and City Departments
➢ Coordinates outreach efforts for homelessness response. ➢ Connects outreach workers from various providers/agencies to the unhoused within the City’s limits.
➢ Conducts constituents and local business outreach.
➢ Determines, prepares, and provides responses to public, as well as proactive public correspondence, related to the City’s homelessness response. ➢ Prepares reports related to homelessness response.
➢ Oversees homelessness response budget and expenditure and EFR-3 grant management. ➢ Conducts cost analysis; monitors monthly expenses; creates budget analysis and projections; manages purchase orders; opens new financial project numbers; and ensures invoice payments and tracking.
Exhibit A
379
Homeless Services Coordinator
➢ Creates and updates resource materials for homelessness response. ➢ Ensures compliance with all applicable federal, state, and local regulations and requirements related to interim shelter operations.
➢ Attends all required meetings and mandatory training. ➢ Performs other related duties as assigned.
QUALIFICATIONS
Knowledge of:
➢ Pertinent local, State, Federal rules, regulations and laws. ➢ Basic principles and practices of service provisions to the homeless. ➢ Program planning, development and coordination.
➢ Community outreach, advocacy and public education.
➢ Methods and techniques of research funding sources, fund raising and grant writing. ➢ Municipal government organization.
➢ Modern office procedures, methods and computer equipment. ➢ Principles and practices of work safety.
Ability to:
➢ Follow CoC best practices in reducing homelessness in the community. ➢ Interpreting, analyzing, and applying governmental policy, procedures, and regulations. ➢ Preparing and overseeing budgets.
➢ Preparing concise, comprehensive, and accurate written reports, presentations and correspondence.
➢ Communicating effectively, orally, and in writing.
➢ Promoting the mission, values and standards of the organization. ➢ Establishing and maintaining effective working relationships. ➢ Effectively organizing tasks, planning time frames, and meeting deadlines. ➢ Managing, training and evaluating assigned staff.
Desired Qualifications:
➢ Bilingual English and Spanish
➢ Familiarity with a Homelessness Management Information System (HMIS).
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
➢ Bachelor’s degree from an accredited college or university in psychology, counseling human services, social behavioral sciences, community development, business, public administration or a related field; and
➢ Two (2) years of progressively responsible professional program and project management experience
➢ One (1) year of experience working with people who have experienced homelessness, mental health and/or substance use issues.
380
Homeless Services Coordinator
License and Screening Requirements:
➢ Possess a valid California Driver License and a satisfactory driving record. ➢ Receive satisfactory results from a Livescan (electronic fingerprinting). ➢ Satisfactory physical examination, and an administrative review.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required.
Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift up to 25 pounds and carry, push, and pull materials and objects necessary to perform job functions.
ENVIRONMENTAL ELEMENTS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. The principal duties of this class are performed in a police station environment with exposure to criminal offenders, mentally ill individuals, and persons infected with communicable diseases.
381
Exhibit A-3: Scope of Work/Payment Provisions CAO-Homeless Services Program and City of Soledad Contract Term: April 8, 2024 to June 30, 2027
EXHIBIT A-3
To Agreement by and between
CAO -Homeless Services, hereinafter referred to as “COUNTY” AND
City of Soledad “CONTRACTOR”
Scope of Services / Payment Provisions
A. SCOPE OF SERVICES
A.1 SOLEDAD INTERIM HOUSING PROGRAM. In April 2024, the County Administrative Office’s Homelessness Strategy and Initiatives Division (CAO-HSI) received an ERF-3R grant award to provide funding to the City of Soledad (City) to address the homeless encampment along the Salinas River embankments in unincorporated areas that overlap the City, public and private lands. The City will use ERF-3R grant award funds provided by CAOHS to hire an outreach worker to engage and support encampment occupants with service linkages, purchase a vehicle for transportation and provide interim supportive housing through motel vouchers during the construction of a 12-unit low barrier navigation center in the City (“Village”) and clearance of encampment.
SOLEDAD INTERIM HOUSING STREET OUTREACH PROGRAM
1. Motel Vouchers for Encampment Occupants
• Provide temporary housing at local hotels to provide for encampment occupants as necessary.
2. Hire an Outreach Worker
• Perform outreach to encampment occupants for linkage to supportive services. • Provide for onsite support to residents for concerns and questions during the construction of the Village.
• Secure storage unit for encampment occupants’ valuables (if needed)
3. Purchase a vehicle for City staff to transport encampment occupants.
4. Purchase Client Supplies for Encampment Occupants
5. Professional Services for Homeless Management Information System Record Keeping.
A.2 SALINAS RIVER ENCAMPMENT DEBRIS AND TRASH REMOVAL PROJECT.
The CONTRACTOR shall provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:
382
Exhibit A-3: Scope of Work/Payment Provisions CAO-Homeless Services Program and City of Soledad Contract Term: April 8, 2024 to June 30, 2027
A.2.1 CONTRACTOR shall provide motel vouchers, engagement community outreach for encampment occupants, and trash and debris clean-up of encampment areas along and in the Salinas River as located on the map of unincorporated/private areas (Exhibit B) outside the jurisdictional boundaries of the City of Soledad (City) for the purpose of removing multiple abandoned vehicles, large amounts of trash and other unhealthy hazards causing pollution to the river for the safety and wellness of encampment occupants and the community.
The encampment clean-up project services will include the following:
Salinas River Encampment Debris Removal Project Performed By CONTRACTOR:
1. Motel Vouchers for Encampment Occupants
• Provide temporary housing at local hotels to provide for encampment occupants as necessary.
City Community
Development
Department
2. Encampment Community Outreach:
• Provide staff to perform outreach and notification to encampment occupants of the plan to remove debris and
trash from the area.
• Provide staff for onsite support to residents for concerns and questions on the day(s) of clean-up as necessary.
• Secure storage unit for encampment occupants’ valuables (if needed)
City Community
Development
Department
3. Outsource Debris and Trash Removal Contracts:
• Coordinate and outsource services to remove abandoned vehicles and unload trash dumpsters from the targeted
area.
City Public Works
Department
4. Performance of Debris and Trash Removal:
• Provide support during outreach activities to Community and Economic Development Department as needed.
City Police and
Fire Department
B. PAYMENT PROVISIONS
B.1 COMPENSATION/ PAYMENT
COUNTY shall pay an amount not to exceed $582,756.00 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Services.
CONTRACTOR'S compensation for services rendered shall be based on the following rates or in accordance with the following terms:
PROJECT SERVICES Maximum
Cost
Soledad Interim Housing Program – Motel vouchers for interim housing, hire one (1) full time outreach worker, purchase a vehicle for transportation of encampment residents
$542,756.00
383
Exhibit A-3: Scope of Work/Payment Provisions CAO-Homeless Services Program and City of Soledad Contract Term: April 8, 2024 to June 30, 2027
SALINAS RIVER ENCAMPMENT DEBRIS AND TRASH
REMOVAL PROJECT. For the project services, as described in Exhibit A-1, Section A.1.1, to provide motel vouchers & engagement community outreach for encampment occupants and trash & debris clean-up of encampment areas along and in the Salinas River for the purpose of removing multiple unhealthy hazards causing pollution to the river and for the safety and wellness of encampment occupants and the community. $40,000.00
B.3 CONTRACTORS BILLING PROCEDURES
CONTRACTOR shall send invoices by email to the COUNTY CAO Homeless Services Contracts Management Analyst on a form acceptable to setting forth the amounts claimed by the CONTRACTOR for the previous month, together with an itemized basis for the amounts claimed, and such other information pertinent to the invoice as the COUNTY may require.
The Contract Administrator or his or her designee shall certify the invoice within seven (7) business days of receipt of the invoice; either in the requested amount or in such other amount as the COUNTY approves in conformity with this Agreement and shall promptly submit such invoice to the COUNTY Auditor-Controller for payment. The COUNTY Auditor-Controller shall pay the amount certified within thirty (30) days of receiving the certified invoice.
CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this Agreement.
NOTES: Payment may be based upon satisfactory acceptance of each deliverable, payment after completion of each major part of the Agreement, payment at conclusion of the Agreement, etc. COUNTY may, in its sole discretion, terminate the contract or withhold payments claimed by CONTRACTOR for services rendered if CONTRACTOR fails to satisfactorily comply with any term or condition of this Agreement.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COUNTY.
COUNTY shall not pay any claims for payment for services rendered in Fiscal Year 2023-2024 submitted after July 29, 2024, and for payment for services rendered in Fiscal Year 2024-2025 that are submitted after July 29, 2025.
384
SOLEDAD LOW BARRIER NAVIGATION CENTER AGREEMENT
BETWEEN
COUNTY OF MONTEREY
AND
CITY OF SOLEDAD
Soledad Las Casitas Village
990 Los Coches Road
Soledad, California 93960
Exhibit C
385
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center
DEVELOPMENT MANAGEMENT AGREEMENT
THIS DEVELOPMENT MANAGEMENT AGREEMENT (the "Agreement") is entered into as of the last date opposite the respective signatures (the “Effective Date”), by and between the County of Monterey ("County") and City of Soledad (“City”), collectively referred to as “the Parties”.
RECITALS
A. This Agreement is intended to provide for the development of a Low Barrier Navigation Center1 (“LBNC”) for unhoused individuals to assist in addressing the chronically homeless occupants living along the Salinas River embankments located in unincorporated areas that overlap the City, public and private lands, see Exhibit “A” (the “Encampment Map”).
Exhibit A is attached to this Agreement and incorporated by this reference.
B. The City owns real property located at 990 Los Coches Road, Soledad, California, which is located within the jurisdictional boundaries of the City in the County (APN: 022-291- 010-000), as more particularly described in Exhibit "B" (the "Property"). Exhibit B is attached to this Agreement and incorporated by this reference. The Parties understand and agree that the City owns the Property that will serve as the site for the development of a 12-unit shelter LBNC.
C. The City and County intend to develop the Property with a LBNC program for unhoused individuals, to contain 10 ensuite sleeping units, 2 ADA ensuite sleeping units (total bed capacity of 22), 2 ADA restroom/shower units, 1 laundry unit, 1 warming kitchen (no stove), common areas (including but not limited to ancillary dining, green space, pet turf area, vegetable garden, bike racks and storage facilities for residents) and 2 office units with 1 unit for intake/security/IT unit for operations of the foregoing (together with all related facilities, the “Project”). For purposes of this Agreement, the term “Project” shall be deemed to include the final number of residential units developed with related improvements as ultimately approved by the agency or agencies or Governmental authority or authorities with jurisdiction.
D. The County will provide and administer funding, in the amount of approximately $1,668,550.00, which will include funds administered by the County through the State of California Encampment Resolution Funding Program (together with any additional funds donated or otherwise provided, if any, to fund the construction of the Project, collectively, the “Funding”).
The Parties understand and agree that no additional funds have been donated, or otherwise provided or allocated, to fund the construction of the Project as of the effective date of this Agreement.
1 CA Govt Code § 65660 (2023): “(a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets. (3) The storage of possessions. (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (b) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.”
386
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center E. The City will select and hire a California State Housing and Community Development Department(HCD) certified modular unit providerwho are experienced in developing interim housing development projects similar to the Project and will also provide development management services in partnership with the State, the County and the City’s Public Works Department for this Project.
F. The City, in partnership with the selected HCD certified modular provider and the County, intends to manage, arrange, supervise, and coordinate the planning, design, entitlement, permitting, construction and completion of the Development Work (as such term is hereinafter defined) upon the terms, conditions and covenants herein described.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and the mutual promises and covenants contained in this Agreement, the County and City agree as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Agreement, the following terms shall have the respective meanings set forth below:
"Affiliate" shall mean a person or entity controlled by, under common control with or controlling another person or entity. The term "control" means the ownership, directly or indirectly, of at least 50% of the voting ownership interests in an entity, or the management control of an entity.
"Agreement" shall mean this Development Management Agreement, as may be amended, modified or supplemented from time to time.
“HCD Certified Modular Unit Provider” shall mean a State HCD certified provider that manufactures modular components, coordinates State approvals and inspections, and assembles, delivers and installsthe Project’s LBNC’s modular components.
"Business Day" shall mean any day other than a Saturday, Sunday or other than a holiday on which businesses in the State of California are generally closed for business. "City" shall mean the City of Soledad, California.
"Claims" shall mean any and all claims, liabilities, losses, damages, costs or expenses, including, without limitation, actual attorneys' fees and costs, court costs, demands, debts, causes of action, fines, judgments and penalties.
"Construction Contract(s)" shall mean any construction contracts entered into by City and any Contractor providing for the performance of Development Work. "Consultants" shall mean the architects, engineers, consultants or designers engaged by City for the Project.
387
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center "Contractor" shall mean one or more licensed general contractors to be engaged by City Public Works to construct all or a portion of the Improvements engaged by City to act as the general contractor for the Project.
"County" shall mean County of Monterey, California.
"Day" shall mean a calendar day unless specifically referenced as a Business Day. "Development Budget" shall mean the budget for the Development Work to be agreed to in writing by the County and City in accordance with the terms of this Agreement, as it may be amended and/or updated from time to time as mutually agreed to in writing by the parties, setting forth the anticipated costs, expenses, and income and other relevant financial projections to perform and complete the Development Work.
"Development Plan" shall mean the general plan for development of the Project consisting of the product type and size, site plan and density of development and Project amenities, which shall be consistent with the Entitlements and shall be subject to County approval. "Development Schedule" shall mean a schedule to be prepared by City, HCD Modular Unit Provider, and Contractor and approved by the County in its reasonable discretion showing the dates of commencement and completion of various components of the Development Work, which Development Schedule shall be updated by City in consultation with the HCD Certified Modular Unit Provider and Contractor and reviewed by the County as provided in this Agreement. “Development Work” shall mean any and all construction and other work necessary for the construction of the Improvements, all as covered by the Development Budget. "Entitlements" shall mean the Permits and all other Governmental agreements, permits, approvals and entitlements required from time to time for the development of the Project. “Government” or “Governmental” shall mean and include the City, County and any other governmental, quasi-governmental, or public utility authority. "Improvements" shall mean the onsite and offsite grading, installation of sewer, water, storm drain, electrical, cable, and other utilities and connections to the Property and the Project, site preparation and, if required, installation of prefabricated and/or modular housing units to be incorporated into the Project, and vertical construction of any improvements constituting the Project, together with the installation of landscape areas, including entry areas, walkways, open space and any other improvements to be constructed in connection with the development of the Project as set forth in the Plans and Specifications, as the same may be amended, modified or supplemented from time to time pursuant to the terms hereof, and any other Work of Improvement as that term is defined in Section 8050 of the California Civil Code. "Line Items" shall mean the cost accounting categories set forth in the Development Budget for each of the construction trades for the construction of the Improvements and for any separate material categories or other development costs, including costs to obtain the Entitlements. 388
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center "Notice of Termination" shall mean a written notice of termination of this Agreement delivered by the County to City and/or by City to the County. "Permits" shall mean such grading and building permits, or any other public agency permits as may be necessary for the construction of the Improvements. "Plans and Specifications" shall mean the grading plans and the architectural and engineering plans and specifications for the Improvements including the improvement plans that may be approved by the City, the plot plans showing the proposed location of the Improvements and appurtenances, and such other plans and specifications as may be necessary for the construction of the Improvements.
"Project" shall have the meaning set forth in Recital C. "Project Costs" shall mean all costs incurred by City in connection with the Project, in accordance with the Development Budget or otherwise approved by the County in writing. “Property” shall have the meaning set forth in Recital B. "Services" shall mean the development services contemplated to be performed by City under this Agreement.
"Subcontractor" shall mean a person or organization who has a direct contract with City and/or City’ Contractor/s to perform any work or to provide any materials, equipment or supplies for the Project.
"Third Party or Parties" shall mean individually or collectively, as applicable, any Consultant, Contractor, Subcontractor, vendor, supplier or any other person or entity providing services or materials to the Project, other than City.
"Third Party Contract" shall mean a contract between City and any Third Party with respect to the development of the Project, including any Construction Contract. "Unavoidable Delay" shall mean any prevention, delay or stoppage in the Services required of City and/or other Third Parties performing services pursuant to this Agreement, but not including any payment and/or performance obligations of City, caused by war, insurrection, strikes, lockouts, riots, unusually adverse weather, unavailability of labor or construction materials, supplies and equipment or product shortages, floods, earthquakes, fires, casualties, acts of God, acts of a public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, lack of transportation, suits filed by unrelated third parties concerning or arising out of this Agreement or unseasonable weather conditions, unknown Property conditions discovered during the course of construction, newly enacted Governmental regulations or controls, the application to the Project of existing regulations or controls or similar events outside the performing party’s control impacting the Project, its location or the region in which the Project is located, or other matters or causes beyond the reasonable control of City, including delays arising from an action under the California Environmental Quality Act (CEQA), failure by City to expedite the plan 389
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center check process, or unreasonable processing times for City or other public agency approvals, which shall extend the time within which this Agreement requires certain acts to be performed for a period equal to any such prevention, delay or stoppage. The time for performance of provisions of this Agreement by either Party shall be extended for a period equal to the period of any Unavoidable Delay affecting the Project or this Agreement will be deemed granted only if written notice by the Party claiming such extension is sent to the other Party within thirty (30) calendar days from the commencement of the cause.
ARTICLE 2
ENGAGEMENT; STANDARDS OF PERFORMANCE
2.1 Engagement. The County hereby engages City as the development manager of the Project with respect to the Development Work, for the purpose of managing, supervising, and coordinating the planning, design, entitlement, permitting, construction and completion of the Development Work, all in accordance with the terms, conditions and limitations herein set forth.
City hereby accepts such engagement and City hereby agrees to use reasonable efforts to perform the Services, including (i) obtaining and preserving all Entitlements required for Project occupancy (See Section 3.2.2), (ii) negotiating any Third Party Contracts necessary for the completion of the Project, (iii) overseeing and managing construction of the Improvements by Third Parties pursuant to approved Plans and Specifications, (iv) obtaining the acceptance of the applicable Improvements by the relevant Governmental agencies, (v) otherwise providing all Services necessary for completion of the Development Work, within the Development Budget and Project Schedule as the same may be modified from time to time, (vi) signing documents, purchase orders, change orders and other instruments and writings related to the Project, (vii) issuing payments in connection with the Development Work on checks drawn against the Project Account(s) (assuch term is hereafter defined), and (viii) such other tasks as are necessary to perform or procure the Development Work or as requested by the County.
2.2 Standard of Performance. City shall furnish its skill and judgment to perform the Development Work and shall cooperate with the City, the County and the Third Parties performing Development Work or otherwise providing services relating to the Project. City shall perform its duties and obligations under this Agreement in a reasonably efficient, expeditious and economical manner, in accordance with the applicable Project Schedule (subject, however, to the provisions of Section 3.2) and within the amounts budgeted in the Development Budget (except as otherwise permitted pursuant to the terms of this Agreement) consistent with the professional care, skill, judgment, diligence and care ordinarily provided by development managers practicing in the same or similar locality under the same or similar circumstances, but in no event less than reasonable skill and care, and in compliance with all Applicable Laws. City shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project, consistent with the Development Schedule. City shall devote sufficient time and attention to ensure the full, prompt, and professional discharge of its duties under this Agreement.
2.3 City' Personnel, Contractors and Consultants. City may perform its duties and obligations hereunder with its own employees and/or by engaging Consultants or Contractors.
City shall be responsible for hiring, supervising, training, and terminating all of its employees and 390
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center staff members performing Services relating to the Project. The persons designated by City as its representatives ("Representatives") shall represent City as its agents and all written communications given to or by those Representatives shall be as if given to or by City. City and its employees, agents, Third Party Consultants, and Contractors shall at all times perform City' obligations hereunder in a good and workmanlike manner. Any employee, agent, Third Party Consultant or Contractor of City performing Development Work who, in the reasonable opinion of the County, does not perform its work in a skillful manner or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the County, be promptly removed from performing Development Work on the Project. City shall fully comply with all applicable laws and regulations relating to Workers’ Compensation Insurance (WCI), social security, unemployment insurance, hours of labor, wages, working conditions, and other employer-employee related laws, including the California Labor Code, as applicable to City’ employees, agents, Third Party Consultants and Contractors.
2.4 County’s Representative. Roxanne V. Wilson, County Administrative Office Homeless Services Director shall represent the County, and all written communications given to or by such representative shall be deemed given to or by the County. The County’s representative may be changed from time to time by the County by delivery of written notice thereof to City.
2.5 Access to Work. The County, City and their respective officers, managers, members, representatives, agents, and employees shall at all times have access to the Project and the Development Work wherever it is in preparation or progress. It is acknowledged by all Parties that the County does not own the Project premises.
2.6 Project Accounts; Funding. Upon execution of this Agreement, the County will provide a one-time payment to the City of one million, six hundred sixty-eight thousand, five hundred and fifty dollars and zero cents ($1,668,550.00). The one-time payment will have a certified invoice and is agreed upon now, in this Agreement, for All draw packages received after the one-time payment is issued, will be offset against the one-time payment until funds are exhausted or the term of the agreement has ended. City agrees that the advanced payment provided in this Agreement, is to be used solely for the purposes of this Project. All payments after the advance payment will be paid within thirty (30) days after receipt of a certified invoice to the County Auditor-Controller’s office. The City shall be authorized to issue checks or make withdrawals for payment of contractors, vendors and consultants from such Project Account once the County has approved the draw package. All funds must be exhausted by June 30, 2027.
2.6.1 The Draw Process. On a monthly basis: (a) HCD Certified Modular Unit Provider, Contractors, and/or Subcontractors shall submit their invoices to City no later than the 23rd day of each month for work completed as of the 23rd day of that month; (b) City shall review all invoices received for work completed as of the 23rd day of that month and assemble a DRAW PACKAGE for submittal to the County for the County’s approval on the 25th day of that month, which draw package shall include: (i) a SUMMARY listing all invoices to be paid for that month and the total draw amount; (ii) copies of all invoices to be paid; (iii) General Contractor’s Application for Payment including conditional releases for the current pay application and 391
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center unconditional releases for the previous pay application; and (iv) an updated DEVELOPMENT BUDGET reflecting paid-to-date and balance-to-complete. City recommends and is amenable to a monthly draw review meeting with the County.
2.7 Licensing. The City holds a State of California, Department of Consumer Affairs, Contractors State License Board (CSLB) license.
2.8 Term. The term of this Agreement shall commence as of the Effective Date and shall terminate on June 30, 2027.
2.9 Termination. During the term of this Agreement, the County may terminate the Agreement for any reason by giving written notice of termination to City at least thirty (30) days prior to the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination. The County may cancel and terminate this Agreement for good cause effective immediately upon written notice to City. “Good cause” includes the failure of City to perform the required services at the time and in the manner provided under this Agreement. If County terminates this Agreement for good cause, all Funding received by City minus work performed prior to the effective termination date, shall be returned to the County. The County may also be relieved of the payment of any consideration to City, and the County may proceed with the work in any manner which County deems proper. The cost to the County shall be deducted from any sum due to City under this Agreement.
ARTICLE 3
PERFORMANCE OF THE DEVELOPMENT WORK
3.1 Development Budgets.
3.1.1 Approval of Development Budgets. The County has approved of the preliminary Development Budget attached hereto as Exhibit C and incorporated by this reference. City shall advise the County if City determines that the amounts set forth in the applicable Development Budget will be exceeded. Any amendments and all material changes to the Development Budget shall be promptly delivered and subject to the County’s prior written approval.
3.1.2 Conformity with Development Budget. City shall use commercially reasonable and diligent efforts to enable the Development Work to be completed in conformity with the Development Budget making use of the Funding available the Project; provided, however, in no event shall City (a) be required to extend credit or expend funds with respect to the Project or (b) be responsible for the payment of any amounts incurred in excess of the Development budget unless such amounts arise from City’ gross negligence, willful misconduct or willful failure to perform its material obligations under this Agreement (beyond any applicable notice and cure period). The County acknowledges that changes to the Project scope will impact the Development Budget.
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3.2 Project Schedule and Development Plan.
3.2.1 Approved Project Schedule and Development Plan. City and the County will jointly agree upon the Project Schedule and Development Plan. The Project Schedule and Development Plan shall be updated regularly by City. City shall provide the County with reports with respect to the progress of the Development Work and the status of the Development Budget and amounts of the Funding remaining in the Project Accounts. City shall provide the County with concurrent copies of Contractors’ monthly applications for payment.
3.2.2 Delay. City shall proceed with diligence to perform the Development Work in accordance with the Development Plan, the Development Schedule and the Development Budget. If any delay in completion of the Development Work in accordance with the Project Schedule (or other applicable time period as specified herein) occurs due to an Unavoidable Delay, including any City or public agency processing delays, the Project Schedule shall be appropriately modified. In the event of an Unavoidable Delay, City and the County shall meet and confer within seven (7) business days to discuss modifications to the Development Plan, Project Schedule and the Development Budget.
3.2.3 Notification by City. Promptly after City becomes aware that (i) any action or performance shown in the Project Schedule will be materially delayed beyond the start or completion date that is specified for such action or performance in the Project Schedule or (ii) any changes to the Development Plan are necessary or advisable, and at such other times as the County may reasonably request, City shall furnish to the County proposed additional or revised schedules with variance explanations and/or revisions to the Development Plan and/or Project Schedule. City shall submit a written remedial plan of action for recapturing such schedule slippage, together with supporting documentation therefor. The County shall review the proposal with City and City shall make any necessary revisions thereto as mutually agreed upon during the review.
3.3 Responsibilities of City.
3.3.1 General Responsibility. City’ general responsibility hereunder as the County’s development manager shall be to ensure the HCD Modular Unit Provider and City’s Public Works Department manage, arrange, supervise and coordinate the planning, design, entitlement, permitting, development, construction, and completion of the Development Work, and to take such actions as the County may reasonably request within the scope of City’ responsibilities in this Agreement. City will be required to make continuous inspections of the work and shall be responsible for fully understanding and supervising the means, methods, and techniques of construction, regardless of whether or not the work is under its control or under the control of Third Parties including City’ Contractors and any Subcontractors. In furtherance of the foregoing, the Development Work is proposed to consist of the following: a 19 modular unit LBNC site constructed with 12 duplex ensuites (individual, couple, or ADA compliant) modular units containing individual rooms for habitation, along with common bathrooms, administrative offices, dining facilities, common outdoor areas, laundry, storage, bike racks, ADA decking and entrances, parking and a garden area.
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3.3.2 Project Approvals. City shall be solely responsible for procuring Entitlements. City shall ensure that the Project shall be developed in accordance with the terms and conditions of this Agreement and all approvals, entitlements and permits that the City and County or any other governmental body or agency with jurisdiction over the Project or the Property has granted or issued as of the effective date of this Agreement or may hereafter grant or issue in connection with development of the Project. City and the County acknowledge that construction of the Project is expected to commence on or about October 1, 2024.
3.3.3 Construction Plans. Once the City has engaged the HCD Certified Modular Unit Provider to prepare construction plans for the Project (the “Construction Plans”), and together with the HCD Certified Modular Unit Provider, and such Consultants as the HCD Certified Modular Unit Provider and City deem necessary, shall cause to be prepared building, grading and landscaping permit applications for review and approval by the City within sixty days of the Effective Date of this Agreement. City shall be responsible for securing prompt review and comments by the City on any submissions of Construction Plans. City shall inform the County of the City’s comments, and the HCD Certified Modular Unit Provider shall instruct any Contractor or Consultants to submit each subsequent revision within thirty days of receipt of the City’s comments, to the extent reasonably practicable. As used herein “Construction Plans” means all construction documents upon which City, the HCD Certified Modular Unit Provider, Contractor and any Subcontractors or Consultants shall rely upon in constructing the Project, and shall include, without limitation, the site development plan, final architectural drawings, landscaping, exterior lighting and signage plans and specifications, materials specifications, final elevations, and building plans and specifications. The Construction Plans and any modifications thereto shall be based upon the site plan and elevations approved by the City and County, and the approvals issued by the City and County for the Project and shall not materially deviate therefrom without the express written consent of County.
3.3.4 Construction Pursuant to Plans. City shall oversee the development, design and construction of the Project as herein described, in accordance with the approved Construction Plans and all other permits and approvals granted by the City and County pertaining to the Project. City shall require its HCD Certified Modular Unit Provider, Contractor(s), Subcontractor(s), employees and Consultants to comply with all directions, rules and regulations of any fire marshal, health officer, building official or other officer of every governmental agency having jurisdiction over the Property or the Project. All design and construction work on the Project shall be performed by licensed design professionals including licensed Contractors, engineers or architects, as applicable and in accordance with state and local laws and regulations.
3.3.5 Construction Schedule. City shall cause construction of the Project to be commenced by starting utility extensions, site preparation and foundation preparation (“Commence Construction”) within three business days of City’s issuance of a grading permit for the Property consistent with the Construction Plans, and the City’s written notice to proceed.
City and the HCD Certified Modular Unit Provider shall cause construction of the Project to be diligently prosecuted to completion.
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3.3.6 Bonds, Mechanic’s Liens and Stop Notices. City shall instruct the Contractor to procure performance and labor and materials bonds from sureties acceptable to City to ensure completion of the Improvements in the estimated amount of the costs. City shall keep the Property free from liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of City in the performance of its duties hereunder.
3.3.7 As-Built Plans. Upon completion of construction, City shall request on behalf of the County following the completion of the Improvements, either a set of marked-up as-built plans for the Improvements prepared by the Contractor, or alternatively a record drawing reflecting construction prepared by the Project HCD Certified Modular Unit Provider.
3.3.8 Use of Plans. The contracts secured and executed by City relating to design and construction of the Improvements shall provide, in form and substance reasonably satisfactory to City and the County, for the purpose of development of the Project.
3.3.9 Cost of Construction. The costs of designing, developing and constructing the Improvements of the Project and compliance with the Project approvals shall be paid from the Funding, which shall be made available pursuant to this Agreement to City for its disbursement and application to the HCD Certified Modular Unit Provider, Contractor(s), Subcontractor(s), Consultants and other professionals contributing to the construction of the Project. See Section 3.5.
3.3.10 Equal Opportunity. There shall be no discrimination on the basis of race, color, religion, creed, sex, sexual orientation, marital status, ancestry or national origin in the hiring, firing, promoting or demoting of any person engaged in construction work on the Property, and City and its agents, including its HCD Certified Modular Unit Provider, Contractors, Subcontractors, Consultants shall refrain from discrimination on such basis.
3.3.11 Compliance with Laws. City and any Contractors, and Consultants engaged by City pursuant to this Agreement to carry out the construction of the Project and all subsequent improvements, alterations and replacements, shall perform such construction in a first class and workmanlike fashion in accordance with the Construction Plans and in accordance with Applicable Laws.
3.4 Ownership of Plans and Materials. The County and the City are the sole owners of all Plans and Specifications and all other materials, prepared in connection with the Project. Upon completion or any termination of this Agreement, the County shall retain sole custody of all such materials and City shall return to the County any and all copies of such materials.
3.5 Sufficiency of Project Funds. The Parties have agreed, and secured the understanding and agreement of the County, that the amount of the Funding is anticipated to be sufficient to complete the Project, and the Parties will work cooperatively and in good faith to accomplish the same in accordance with the Development Budget and Project Schedule as the same may be modified from time to time. Should the amount of Funding be deemed insufficient, by City in its reasonable discretion, to complete the Project in accordance with the Plans and 395
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center Specifications and pursuant to the Project Schedule, City and the County shall meet and confer and either (a) identify and obtain sources of additional funding or (b) agree upon changes to either the Plans and Specifications or the Project Schedule, or both, in order to accomplish cost savings and efficiencies so the Project can be completed with the available amount of Funding and any additional funding identified pursuant to clause (a) of this Section 3.5 above.
3.6 Approvals and Requests for Consent. If at any time City requests the approval of the County with respect to any matter relating to the Project, the County shall provide such approval or disapproval within five (5) Business Days of receiving written notice of such request (as provided in Section 10.4) from City along with any documentation to support City’ request for approval and/or consent by the County. In the event the County is not able to process approval or disapproval within five (5) business days, the parties shall meet and confer regarding the process and timeframe to respond to such request, but approval or disapproval shall in no event be provided later than ten (10) days of the County’s receipt of the written request from City.
ARTICLE 4
AUTHORITY OF DEVELOPMENT MANAGER
4.1 General Authority. City shall carry out and discharge the responsibilities and obligations of City under this Agreement (including, without limitation, all of the responsibilities imposed upon City under Article 3); provided, however, that City shall have no right or authority, express or implied, to commit or otherwise obligate the County in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by the County.
ARTICLE 5
PROGRESS MEETINGS; REPORTING REQUIREMENTS
5.1 Progress Meetings. At the County’s request, City shall schedule and attend meetings with the County to discuss the progress of the development and construction of the Project. At such meetings City shall provide the County with any updated Project Schedule, Development Budget and Development Plan required to be delivered by City.
5.2 Third Party Information. City shall furnish to the County, from time to time, promptly after the County’s request, a current list of all of City’s Contractors, Subcontractors, Consultants and Third Parties employed in connection with the Development Work.
5.3 Books and Records. Electronic copies of City correct and complete books of account and business records in which all transactions respecting the Development Work shall be timely entered in accordance with generally accepted accounting principles and practices.
Such accounts and records shall be kept by City on an accrual basis and in all respects in a manner consistent with generally accepted accounting principles and practices consistently applied. City shall preserve all such records and upon the expiration or earlier termination of this Agreement, shall deliver copies of all such records to the County. Such books shall be open at all reasonable 396
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center times for inspection or copying by the County and its agents, employees, and representatives. The books shall be audited as directed by the County.
ARTICLE 6
INSURANCE AND INDEMNIFICATION
6.1 Insurance General. At all times during the Term, without limiting City’ duty to indemnify County, City shall comply with the following insurance requirements:
6.1.1.1 Except as otherwise approved by the County, all insurance described under this Article to be carried by City will be maintained by City as follows: it will maintain workers compensation, general commercial liability, automobile insurance and an umbrella policy as more fully described below. These insurance policies are understood to be provided in association with City development management services. City’ Contractor and any Subcontractor will obtain and maintain their own separate insurance policies as required.
6.1.1.2 Premiums for all policies of insurance required to be maintained by City under this Agreement shall be paid by City unless otherwise provided in this Agreement or in the Development Budget.
6.2 Evidence of Insurance. As evidence of City’ specified insurance coverage, the County shall accept certificates issued by City’ insurance carrier acceptable to the County showing such policies in force for the specified period. Such evidence shall be delivered to the County prior to commencement of Services. City shall also allow the County to inspect such evidence of insurance as City obtains from its Subcontractor(s), but the County shall have no obligation to inspect such evidence of insurance.
6.3 Workers’ Compensation Insurance. City shall maintain Workers’ Compensation Insurance (statutory limit) for all persons whom it employs in carrying out the Services under this Agreement.
6.4 Commercial General Liability Insurance. City shall maintain Commercial General Liability Insurance on an “occurrence” basis, with reasonably acceptable deductibles, premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broad form Property Damage, Independent Contractors, Products and Completed Operations with a combined single limit for Bodily Injury and Property Damage of not less than One Million Dollars ($1,000,000) per occurrence and with a total limit of Two Million Dollars ($2,000,000.00) with coverage at least as broad as the current ISO forms.
6.5 Automobile Liability Insurance. City shall maintain owned, hired, leased, and non-owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by City in connection with this Agreement, with a combined single limit for bodily injury and property damage of One Million Dollars ($1,000,000.00). 397
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6.6 Umbrella/Excess Coverage. City shall maintain umbrella/excess liability coverage on an “occurrence” basis, with a combined single limit for bodily injury and property damage of Two Million Dollars ($2,000,000.00) covering general liability and automobile liability.
6.7 Additional Insured. Additional Insured Status. The County of Monterey, its officers, officials, employees, and volunteers are to be covered as additional insureds on the commercial general liability policy with respect to liability arising out of work or operations performed by or on behalf of City including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement to City’ insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
6.8 Primary Non-Contributory Coverage. For any claims related to this contract, City’ insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the City’ insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
6.9 Waiver of Subrogation. City hereby grants to County a waiver of any right to subrogation which any insurer of City may acquire against the County by virtue of the payment of any loss under such insurance. City 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 County has received a waiver of subrogation endorsement from the insurer.
6.10 Other Insurance Requirements. All insurance required by this Agreement shall be with a company reasonably acceptable to the County and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of two (2) years following the date City completes its performance of services under this Agreement. Each liability policy shall provide that the County shall be given notice in writing at least thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or intended nonrenewal thereof. Each policy shall provide coverage for City and additional insureds with respect to claims arising from each subcontractor performing work under this Agreement or be accompanied by a certificate of insurance from each showing each subcontractor has identical insurance coverage to the above requirements. Commercial general liability and automobile liability policies shall provide an endorsement naming the County of Monterey, its officers, agents, and employees as Additional Insureds with respect to liability arising out of City' work, including ongoing and completed operations, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by the County and that the insurance of Additional Insureds shall not be called upon to contribute to a loss covered by City’ insurance. The required endorsement form for Commercial General Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 (2000). 398
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center The required endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99. Prior to the execution of this Agreement by the County, City shall file certificates of insurance with the County’s Contract Administrator and County’s Contracts/Purchasing Division, showing that City has in effect the insurance required by this Agreement. City shall file a new or amended certificate of insurance within five (5) calendar days after any change is made in any insurance policy, which would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify or change the indemnification clause in this Agreement, which shall continue in full force and effect. City shall at all times during the term of this Agreement maintain in force the insurance coverage required under this Agreement and shall send, without demand by County, annual certificates to County’s Contract Administrator and County’s Contracts/Purchasing Division. If the certificate is not received by the expiration date, County shall notify City and City shall have five (5) calendar days to send in the certificate, evidencing no lapse in coverage during the interim. Failure by City to maintain such insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate this Agreement immediately.
6.11 County’s Insurance. The County is self-insured for general liability up to $2.5 million. Above the self-insured retention, the County maintains a primary excess layer up to $10 million. The County may elect to maintain an OCIP insurance policy with respect to the Project in such form and amount and with such limits as reasonably agreed by City and the County and an employee liability policy (EPL) covering all County employees working at the Project.
6.12 Indemnification. City shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death arising out of or connected with any negligence or willful misconduct by City, its officers, employees, Contractors, Subcontractors, and/or Consultants, such claims, liabilities, or losses arise out of the sole negligence or willful misconduct of the County. “City’ performance” includes City’s action or inaction and the action or inaction of City’ officers, employees, agents, Contractors, Subcontractors and Consultants.
6.14 Indemnification Agreement to be included in City’ Design Professional Agreements. City shall require the following indemnification provisions to be included in their Professional Services Agreement and Construction Contracts for any design/construction work to be performed as a part of this Program, (Indemnification Agreement) “design professional” has the same meaning set forth in California Civil Code section 2782.8. If any term, provision or application of this Indemnification Agreement provision is found to be invalid, in violation of public policy or unenforceable to any extent, such finding shall not invalidate any other term or provision of this Indemnification Agreement provision and such other terms and provisions shall continue in full force and effect. If there is any conflict between the terms, provisions or application of this Indemnification Agreement provision and the provisions of California Civil Code sections 2782 or 2782.8, the broadest indemnity protection for County under this Indemnification Agreement that is permitted by law shall be provided by City’ design 399
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center professionals.
6.15 Indemnification for Design Professional Services Claims. City’s design professionals shall indemnify, defend and hold harmless County, its governing board, directors, officers, employees, and agents against any claims that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of City’ design professionals', its employees, Contractors, Subcontractors, Consultants and agents in the performance of design professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or willful misconduct of County, or defect in a design furnished by County, but in no event shall the amount of City’ design professional’s liability exceed City’ design professional’s proportionate percentage of fault as determined by a court, arbitrator or mediator, or as set out in a settlement agreement. In the event one (1) or more defendants to any action involving such claim or claims against County is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, such Contractor shall meet and confer with the other parties to such action regarding unpaid defense costs. City’ design professionals shall agree to reimburse our clients for their legal fees and costs in proportion to either our agreed (via settlement agreement) or adjudicated (via arbitration or litigation) percentage fault.
6.16 Indemnification for All Other Claims or Loss. For any claim, loss, injury, damage, expense or liability other than claims arising out of City’ design professionals’ performance of design professional services under this Agreement, City’ design professionals’ shall indemnify, defend and hold harmless County, its governing board, directors, officers, employees, and agents against any claim for loss, injury, damage, expense or liability resulting from or alleging injury to or death of any person or loss of use of or damage to property, arising from or related to the performance of services under this Agreement by City’ design professionals’, its employees, Contractors, Subcontractors, Consultants or agents, excepting only liability arising from the sole negligence, active negligence or willful misconduct of County, or defect in a design furnished by County.
ARTICLE 7
FUNDING FOR PROJECT
8.1 Costs to be Paid With Funding. Project Costs, which are to be sourced by the Funding and such additional funding sources as the Parties may identify and secure during the term of this Agreement, shall include the following general categories to the extent incurred by City in accordance with the Development Budget (Exhibit C):
8.1.1 All costs for architectural, legal, accounting, engineering and other consultant services and for soils, geological, and toxic and hazardous waste studies, and any environmental studies;
8.1.2 All construction costs, including labor and material costs and equipment rental and repair, and the costs to maintain the Property as provided in this Agreement; 400
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8.1.3 All Governmental licenses and fees relating to the Project, costs to process, obtain and maintain the Entitlements, all real and personal property taxes imposed against the Property and Project and all bonds or deposits required in connection with the development of the Project;
8.1.4 All financing costs, including interest payments, for loans from traditional lenders for actual costs incurred and directly related to City’ Development of the Project.
8.1.5 The premiums on any insurance required to be carried by City pursuant to this Agreement to the extent properly allocable to the Project (but excluding Workers' Compensation Insurance); and
8.1.6 Subject to available Funding, all other actual costs incurred in connection with the Development Work.
ARTICLE 8
REPRESENTATIONS AND WARRANTIES
9.1 Representations and Warranties of City. City hereby represents and warrants to the County as follows:
9.1.1 Formation; Qualification. City is a nonprofit corporation, duly formed, validly existing and in good standing under the laws of the State of California.
9.1.2 Authorization; Binding Agreement. City has taken all action required to allow City to enter into this Agreement. This Agreement constitutes a legal, valid and binding obligation of City, and neither its execution nor performance violates the requirements of any other agreement to which City is a party or is otherwise bound.
9.1.3 Resources. City has and shall maintain at all times during the Term sufficient facilities, expertise, staff, assets and other resources to perform its duties under this Agreement.
9.2 Representations and Warranties of County. The County hereby represents and warrants to City as follows:
9.2.1 County. County is a political subdivision of the State of California.
9.2.2 Authorization; Binding Agreement. The County has taken all action required to allow the County to enter into this Agreement, and this Agreement constitutes a legal, valid and binding obligation of the County.
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MISCELLANEOUS PROVISIONS
10.1 Remedies Cumulative. No remedy herein reserved is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other given in this Agreement or as now or hereafter existing or at law, equity or by statute.
10.2 Nonwaiver. The failure of either party to notify the other of any default under this Agreement shall not be deemed to be a waiver of any continuing default of any term, covenant or condition set forth in this Agreement, nor of such party's right to declare a default for any such continuing breach, and the failure of either party to insist upon strict performance of any of the terms, covenants or conditions of this Agreement, or to exercise any option in this Agreement in any one or more instances, shall not be construed as a waiver or relinquishment of any such terms, covenants, conditions or options, but the same shall be and remain in full force and effect,
10.3 Successors and Assigns. Neither party may assign this Agreement in whole or in part, or any interest herein, without the other party's prior written consent, which shall not be unreasonably withheld. Any assignment without such consent shall be void and of no effect.
Notwithstanding the foregoing, City acknowledges that the County intends to assign the LBNC to the City on or before June 30, 2027. The rights and obligations of the parties hereunder shall, subject to the limitations on assignment contained in this Section, be binding upon, and inure to the benefit of, the successors and assigns of the County and City.
10.4 Written Notice. For purposes of this Agreement, notices will be deemed to have been given upon personal delivery thereof, three (3) Business Days after having been deposited in the United States mail, postage prepaid and properly addressed, one (1) Business Day after having been sent by Federal Express or other similar overnight delivery service or upon confirmation if sent by facsimile or email. Any party hereto may from time to time, by written notice to the other, designate a different address which shall be substituted for the one set forth below.
County: County of Monterey
County Administrative Office
168 West Alisal Street, Third Floor
Salinas, California 93901
Attn: Roxanne V. Wilson, Homeless Services
Director
Email: [email protected]
City: City of Soledad
City Manager’s Office
248 Main Street
Soledad, California 93901
Attn: Megan Hunter, City Manager
Email: [email protected]
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County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center
10.5 Severability. Should any one or more provisions set forth in this Agreement for any reason be held invalid, illegal or unenforceable in any respect, any such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been incorporated therein provided that the deletion of such provision does not materially alter this Agreement.
10.6 No Third-Party Beneficiaries. This Agreement is not intended and shall not be deemed or construed to confer any rights, powers or privileges on any person, firm, partnership, corporation or other entity not a party hereto except as may be expressly provided herein to the contrary.
10.7 Exhibits and Headings; Construction. The Exhibits attached or to be attached hereto shall be construed with and as integral parts of this Agreement to the same extent as if the same had been set forth verbatim herein. The titles and headings of articles and sections of this Agreement are intended for convenience only and shall not in any way affect the meaning or construction of any provision of this Agreement. As used herein: (i) the singular shall include the plural (and vice versa) and the masculine or neuter gender shall include the feminine gender (and vice versa) where the context so requires; (ii) locative adverbs such as “herein,” “hereto,” and “hereunder” shall refer to this Agreement in its entirety and not to any specific Section or paragraph; (iii) the terms “include,” “including,” and similar terms shall be construed as though followed immediately by the phrase “but not limited to;” and (iv) “shall,” “will” and “must” are mandatory and “may” is permissive.
10.8 Oral Agreements. No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in this Agreement, and none of the provisions of this Agreement shall be held to be waived or modified by reason of any act whatsoever, other than by an express waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.
10.9 Counterparts. This Agreement may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts should constitute one and the same agreement.
10.10 Governing Law; Venue for Resolution of Legal Actions. This Agreement shall be governed by the laws of the State of California. Any litigation regarding the enforcement or the interpretation of the terms and conditions of this Agreement shall be filed in the Superior Court of the State of California, County of Monterey.
10.11 Merger. All prior understandings and agreements between the parties respecting this relationship, are merged into this Agreement, which Agreement fully and completely expresses the agreement of the parties, and there are no representations, warranties or agreements except as specifically and expressly set forth herein and in the Exhibits which are attached and incorporated by reference into this Agreement. 403
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center
10.12 Time. Time is of the essence for this Agreement and each provision hereof of which time is an element.
10.13 Confidentiality. City and its officers, employees, agents, and Contractors, Subcontractors and Consultants shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. City shall not disclose any confidential records or other confidential information received from the County or prepared in connection with the performance of this Agreement, unless County specifically permits City to disclose such records or information. City shall promptly transmit to County any and all requests for disclosure of any such confidential records or information. City shall not use any confidential information gained by City in the performance of this Agreement except for the sole purpose of carrying out City’ obligations under this Agreement.
10.14 County Records. When this Agreement expires or terminates, City shall return to County any County records which City used or received from County to perform services under this Agreement.
10.15 Maintenance of Records. City shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and County rules and regulations related to services performed under this Agreement. City shall maintain such records for a period of at least three years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three-year period, then City shall retain said records until such action is resolved.
10.16 Access to and Audit of Records. The County shall have the right to examine, monitor and audit all records, documents, conditions, and activities of City related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of the County or as part of any audit of the County, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
10.17 Non-Discrimination: During the performance of this Agreement. City and its Contractors, Subcontractors and Consultants shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), sexual orientation, or any other characteristic set forth in California Government code § 12940(a), either in City’ employment practices or in the furnishing of services to recipients. City shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination. City and Contractors, Subcontractors and Consultants shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.
404
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center
10.18 Compliance With Terms of State or Federal Grants. If this Agreement has been or will be funded with monies received by the County pursuant to a contract with the state or federal government in which the County is the grantee, City will comply with all the provisions of said contract, to the extent applicable to City as a subgrantee under said contract, and said provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County will deliver a copy of said contract to City, at no cost to City.
10.19 Parties’ Relationship. No provisions of this Agreement shall be intended to create an agency, partnership or joint venture or other similar relationship between the County and City with respect to the Project, and neither party shall have the power to bind or obligate the other party, except as expressly set forth in this Agreement. Neither this Agreement nor any communication or other action between the parties relating to the Project, is intended shall be construed to create a joint venture, partnership or other similar relationship between City and the County.
10.20 Advice of Counsel. Each party represents and warrants that it has received the advice of independent counsel of its own choosing with respect to the meaning and effect of this Agreement. No provision of this Agreement shall be construed in favor of or against any party on the ground that such party or its counsel drafted the provision.
10.21 City’ Default. The occurrence and continuance of any one or more of the following events, beyond the expiration of any applicable grace and/or cure period provided for herein, is an “Event of Default” hereunder by City:
10.21.1 Uncured Breach. Any breach or default by City of any covenant, duty, obligation, representation, or warranty under this Agreement; provided, however, that before such breach or default is deemed an Event of Default, City shall have: (i) received notice from the County of such breach or default; and (ii)(A) failed to cure or remedy such breach or default within ten (10) business days following such notice, in the event of a monetary default, or thirty (30) days following the date of such notice in the event of any other breach or default; or (B) if such breach or default does not consist of the failure to pay money and is not curable within such thirty (30)-day period, failed to commence such cure within such thirty (30)-day period or failed to diligently and continuously pursue such a cure or remedy thereafter and in any event failed to fully cure or remedy such breach or default within sixty (60) days of such notice to City.
10.21.2 Bankruptcy. There is a bankruptcy or dissolution with City.
10.21.3 Improper Conduct. City is grossly negligent or
engages in fraud, bad faith, or willful misconduct in connection with the Services.
10.22 Contingency. This Agreement is contingent upon the County's successful receipt and retainment of grant funding from the State of California Encampment Resolution Funding grant.
10.23 Remedies on Default. Upon an Event of Default, the non-defaulting party shall have the authority to exercise any and all rights and remedies available at law or in equity, 405
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center including, without limitation, the right to terminate this Agreement upon ten (10) days’ written notice to the other.
[SIGNATURES ON FOLLOWING PAGES]
406
County of Monterey & City of Soledad Development Management Agreement Project: Development of a 12-Bed Non-Congregate Low Barrier Navigation Center IN WITNESS WHEREOF, County and CITY have executed this Agreement as of the day and year written below.
COUNTY OF MONTEREY: CITY OF SOLEDAD
County Administrative Office (CAO),
Sonia M. De La Rosa, CAO
By: ________________________________
Deborah Paolinelli, Assistant CAO
Date: _____________________________
Megan Hunter, City Manager
By: ___________________________________
Megan Hunter, City Manager
Date: _________________________________
Debra R. Wilson, Contracts/Purchasing Officer
By: ____________________________________
Debra R. Wilson,
Contracts/Purchasing Officer
Date: ______________________________
CITY ATTORNEY
By: _____________________________________
Mike Rodriquez, City Attorney
Date: ___________________________
APPROVED AS TO FORM:
Office of the County Counsel-Risk Management
Susan K. Blitch, Acting County Counsel
By: ___________________________________
Marina Pantchenko, Deputy County Counsel
APPROVED AS TO FISCAL PROVISIONS:
Rupa Shah, Auditor-Controller
By: ___________________________________
Name: ___________________________
Title: ___________________________
APPROVED AS TO INSURANCE AND
INDEMNIFICATION PROVISIONS:
Office of the County Counsel-Risk Management
Susan K. Blitch, Acting County Counsel
By: ___________________________________
David Bolton, Risk Manager
407
EXHIBIT A – ENCAMPMENT SITE MAP Page 1 of 1
EXHIBIT A
ENCAMPMENT SITE MAP
408
EXHIBIT B –THE PROPERTY
EXHIBIT B
THE PROPERTY
APN 022-291-010-000
409
EXHIBIT C – DEVELOPMENT BUDGET
EXHIBIT C
CITY DEVELOPMENT BUDGET
Las Casitas Village Development Budget
990 Los Coches Road (APN 022-291-010-000)
410
April 18, 2024
Monterey County #79
Attn: Roxanne Wilson
168 W. Alisal
Salinas, CA 93901
RE: ERF-3-R Award Announcement – Monterey County
Award Amount: $4,726,963.50
Dear Roxanne Wilson:
The Business, Consumer Services and Housing Agency’s (BCSH) California Interagency Council on Homelessness (Cal ICH) is pleased to announce that Monterey County has been awarded an Encampment Resolution Funding Round 3 (ERF-3-R) grant in the amount of $4,726,963.50. This letter constitutes notice of the award of ERF-3-R funds. Please note that this letter does not constitute the formation of a contract between the State and Monterey County.
Monterey County will receive its full disbursement of funds after the Standard Agreement is fully executed. Please be advised that this award is subject to the terms and conditions of the Standard Agreement.
Due to the imminent transition of all Cal ICH grant programs to the Department of Housing and Community Development (HCD) and the inability of the State Controller’s Office to issue payments in June, you will not receive your Standard Agreement for this award until July. Please note that your jurisdiction may begin expending eligible costs under your approved ERF project as of the date of this award letter. Eligible costs may be reimbursed once a Standard Agreement is executed between Monterey County and the State and you receive your full award. Monterey County will not acquire any legal or equitable rights to the ERF3-R award until a Standard Agreement is executed.
You may reference the ERF-3-R Notice of Intent to Award on the Cal ICH website.
BUSINESS, CONSUMER
SERVICES AND
HOUSING AGENCY
801 Capitol Mall
Suite 601
Sacramento, CA 95814
(916) 651-2820
bcsh.ca.gov/calich
Gavin Newsom,
Governor
Tomiquia Moss,
Secretary
Attachment A
411
2 Congratulations on your successful application. For further information or if you have any questions, please contact me at [email protected] or [email protected]. Sincerely,
Jeannie McKendry
Jeannie McKendry
Grants Development Section Chief, Cal ICH
412
1 ERF-3-R Application
APPLICATION TEMPLATE
January 28, 2024
Part 1: ADMINISTRATIVE INFORMATION
Application Window
This application is being submitted in the following window:
X Window #1 11/3/2023 – 1/31/2024
Window #2 2/1/2024 – 4/30/2024
Window #3 5/1/24 – 6/30/24
Applications received after 5:00 p.m. on the last day of the application window will be reviewed and evaluated during the following application window. Note, applications submitted after 5:00 p.m. on 6/30/2023 will not be reviewed.
Eligible Applicant
Select the eligible applicant’s jurisdiction type:
CoC City County X
What is the name of the City or County? Monterey
Part 1 (B) Contracting Information
Contractor Name (the legal entity entering into contract with the State): County of Monterey Federal Employer Identification Number for the contractor (Upload GovTin Tax Form or STD 204 Tax Form): 94-6000524
Who is the best contact person for this contract? Roxanne V. Wilson Primary Contact – this contact will receive ALL grant related correspondence.
Title County Homeless Services Director
First Name Roxanne
Last Name Wilson
Email [email protected]
Phone 831-755-5445
Secondary Contact - this contact will receive ALL grant related correspondence Attachment B
413
2 Title Management Analyst II
First Name Sarah
Last Name Federico
Email [email protected]
Phone 831-755-5341
Contact Person for Reporting - This contact will ONLY receive grant reporting correspondence Title Management Analyst II
First Name Sarah
Last Name Federico
Email [email protected]
Phone 831-755-5341
Authorized Representative – The authorized representative has authority to contract on behalf of the eligible applicant.
Title Assistant County Administrative
Officer
First Name Debbie
Last Name Paolinelli
Email [email protected]
Phone 831-755-5309
If this application is funded, what address should the check be mailed to? Address Line 1 168 W. Alisal
Address Line 2 3rd Floor
City Salinas
State CA
Zip Code 93901
Attention to: (if applicable) Roxanne V. Wilson
414
3 PART 2: PROPOSAL OVERVIEW
Proposal Summary:
Summarize the proposed Encampment Resolution Fund (ERF) project, including an overview of all key components and/or phases of the project that will be funded in whole or in part with ERF-3-R resources. (1500-character limit) 1469
This proposed project will resolve an encampment of 40 people who are living in the Salinas Riverbed within the City of Soledad in southern Monterey County. The City has a total population of 25,000 and has partnered with the County to develop a plan to support the encampment residents with increased outreach services, expanded interim housing capacity, rental subsidies, and linkages to affordable housing units in the City that are nearing completion. The requested ERF will fund 1.0 FTE City Outreach Worker to engage and support encampment residents with service connections, interim and permanent housing, the creation of 12 units of non-congregate interim housing with housing navigation services in mobile homes on a City-owned, undeveloped site close to the encampment to be operated by a nonprofit partner to be selected through an RFP process, and motel vouchers to provide some additional interim housing capacity. The City estimates 15% of employed encampment residents can also secure housing directly with the help of short-term rental subsidies and housing navigation. Affordable units available in new apartment buildings in the City will additionally be available in 2024, of which 8-10 households will have access for permanent housing. With a small investment of ERF resources, the City and County will be able to substantially reduce homelessness, as this encampment represents the only large grouping of people experiencing homelessness in the community.
People Served
Number of people currently residing in prioritized encampment site (#) 40 Of people currently residing in prioritized encampment site, how many will be served by this proposal? (#) 40
Potential inflow of people into the prioritized encampment site during the grant term (text) None
Given the potential for inflow of people into the prioritized encampment site, how many people are projected to be served across the entire grant period? (#)
40 Of people projected to be served across the entire grant period, number of people projected to transition into interim shelters. (#) 22 Of people projected to be served across the entire grant period, number of people projected to transition into permanent housing. This should include both people who transition directly into permanent housing and people who may first transition into interim shelter. (#)
30 Is the prioritized encampment site part of a larger encampment area? Y/N N Encampment Information
415
4 1. Briefly describe the characteristics of the people residing within the prioritized encampment site. The description must include demographics and may include household compositions, disabilities, and projected service and housing needs. (1500 character limit). If this proposal seeks to serve a particular target population, specify and describe. 1156
The prioritized encampment consists of about 40 people, made up of 24 single individuals and 8 couples.
The City staff conducted a survey of the site in January 2024 and were able to speak to 33 of the people present. The City’s Police Department has also regularly visited the site and know the residents by name.
Based on the survey and PD reports, the City estimates that about 55% of residents are men and 45% are women. Almost all are Latino/Hispanic and most are bi-lingual in English and Spanish. Only a few are monolingual Spanish speakers. Most are documented though there are estimated to be a few (10 to 20 %) who are undocumented. About 15% of them are employed. About 50% have mental health issues.
Only 7 of the residents have pets. The encampment has a mix of people who are from Soledad and from other communities, including Salinas, Greenfield, and Gonzalez. All have indicated they are open to receiving help with services, shelter, and housing. Most would prefer to remain in or near Soledad and the rest would be open to moving elsewhere in south county. A few would be willing to go to Salinas to secure housing (about 30 miles away).
2. Briefly describe physical characteristics of the prioritized encampment site in which the people you are proposing to serve are residing. The description must include the specific location, physical size of the area, the types of structures people are residing in at the site, whether vehicles are present, and any other relevant or notable physical characteristics of the site. 969 The encampment spans over 1.3 miles of both City and County jurisdictions on public and private lands along the Salinas River, which includes areas below a Highway 101 overpass. The encampment consists of elaborate and complex structures made of lumber, tarps, pallets, with stairs, outdoor kitchens, and decks. The City identified at least one dugout bunker covered with a tarp and no supporting infrastructure and a separate 15’ cave dug into the riverbank which poses a major health and safety risk to encampment occupants. Encampment occupants built a treehouse to prepare for the possibility of flood. There are three abandoned vehicles at the site, one of which is sunken into the Salinas River and the others being completely stripped of parts. This RURAL encampment has been historically difficult to address due to the complete absence of services in South Monterey County. The proposed Interim Housing location is less than one mile from the encampment site.
3. Why is this particular encampment site being prioritized? Applicant should identify any distinguishing needs and/or vulnerabilities of the people living in this encampment and/or any health, safety, or other concerns that led the applicant to prioritize this site over other encampments. (1000/ character limit).
ERF authorizing legislation requires funding be used for “prioritized” encampments. Applicants must, therefore, provide a justification for the prioritization of the encampment proposed to be served. Except in very small communities where it may be possible to justify prioritizing all of a small number of encampments for resolution using this fund source, ERF is not intended to be used to fund a communitywide encampment resolution program. 979 This encampment is being prioritized because it is the second largest in the southern area of Monterey County, and because the area is not safe for the residents to live in. It was flooded in January 2023 and continues to be prone to flooding. The Fire Department put out 2 fires there recently, including one 416
5 instance where occupants set a stolen vehicle on fire under the CalTrans overpass. Highway 101 is the sole access point from the City to other parts of Monterey County. Damage or destruction of the highway will be detrimental for emergency services and will have severe impacts to the entire S.
Monterey County region. The residents are also digging into the river embankment and creating risk of landslide and other damage from erosion. There is also a lot of trash at the site, that residents often burn causing pollution to the river and other health hazards. PD responds to calls from encampment occupants and surrounding community at least once per day.
Attachment: Map.
The provided map should clearly indicate the area of the prioritized encampment. The map may also indicate the location of other key service, shelter, and housing resources described in this proposal.
The provided map should clearly indicate the area of the prioritized encampment. The map may also indicate the location of other key service, shelter, and housing resources described in this proposal.
4. Is the prioritized site on a state right-of-way?
No Yes – Partially X Yes - Entirely
PROPOSAL’S OUTCOMES
5. What are the outcomes this proposal seeks to accomplish by the grant close (6/30/2027)? Outcomes should be specific, measurable, attainable, and time-bound (SMART). (1000 character limit) 644
1. Of the 40 estimated encampment residents, 22 (55%) will secure interim housing at the proposed new non-congregate mobile home/trailer interim housing project (12 beds) or using motel vouchers (10 beds) by December 2024.
2. Of the 40 estimated encampment residents, 30 (75%) will secure permanent housing through a combination of medium-term rental assistance and placement into affordable housing units currently being built within the city. Placement into permanent housing will be completed by June 2027.
3. Of the 40 estimated encampment residents, 90% will receive outreach, engagement, and connections to needed services by December 2024.
6. What are the primary activities the applicant will implement to achieve each of the proposal’s outcomes? (1000 character limit). 997
1. Interim Housing: The City will acquire 12 mobile homes to create an interim housing facility on a City-owned property near the encampment and will identify a non-profit partner to operate the units to provide housing-focused case management and navigation to the residents. The ERF grant will also create a pool of flexible motel voucher funds to assist some of the residents who are not able to move into to the mobile homes.
2. Permanent Housing/Rapid Rehousing: 15% Encampment residents will receive assistance to move directly into housing and 60% will move to interim housing and then to permanent housing.
3. Outreach/Service Connections: The City’s PD and the County’s CHE outreach team are already providing outreach and engagement to this site. The proposed ERF project will include funding for 1 417
6 FTE outreach worker who will be housed within the PD to engage and provide service connections for the residents. This person will work in partnership with the City’s Victims Advocate Unit.
7. How will the applicant measure progress towards the proposal’s outcomes? (1000 character limit) 655 Housing and service outcomes will be tracked using HMIS data. Clients will be entered into the Monterey/San Benito County HMIS system by the identified non-profit partner operating the proposed new interim housing and by the City’s outreach workers. Monterey County also has a system administrator user license and will receive data exports for purposes of grant tracking and ERF program reporting. APR and CAPER reports will allow for understanding the longitudinal achievements of a person as they progress in a program and the combination of services that ultimately led to their housing outcomes. The PIT will determine if we achieve functional zero.
8. Are there any local ordinances, resources, or other factors that may hinder achieving the proposal’s outcomes? If so, how will the applicant navigate these challenges? (1000 character limit) 702 There are no City or County ordinances or other factors that might hinder achieving the proposal’s outcomes. The City is very pro-housing and has a number of new rental complexes in the pipeline that have inclusionary affordable units. The City’s Police Department approaches homelessness from a services-based, non-enforcement-centric approach. The PD regularly visit the prioritized encampment and knows everyone by name. They have the trust of the residents and have helped in a variety of ways, even though they are not service providers. The primary challenge for this project, as with any project addressing homelessness, will be securing safe and affordable housing for the encampment residents.
9. Does this proposal fund a standalone project, or is the proposed project one component of a larger initiative?
Standalone Larger Initiative
Centering People
10. Describe how the perspectives of people with lived experience of homelessness meaningfully contributed to the content of this proposal? How will people with lived experience be part of the implementation of this ERF project? If individuals living in the encampment site were included in the development of this proposal, describe how their input was obtained and how that input shaped the proposal. (1000-character limit) 975
Both the City and County are voting members of the Monterey/San Benito Continuum of Care and have adopted CoC’s Lead Me Home Plan, which includes a commitment to involving people with lived experience in the design and implementation of the homelessness response system. The Soledad PD, Community Development, CalFire, and Public Works, and the County’s outreach team have regularly visited this encampment to talk with the residents to learn what their needs are. In January 2024, a team of city staff (including the City Manager and the Housing Analyst) conducted a survey and talked to 26 of the estimated 40 residents in the encampment. All of them indicated that they would welcome help with securing interim and permanent housing. When asked about the type of shelter they would prefer, most indicated they wanted private, non-congregate settings. Some also indicated they needed help with employment, getting identification, health care, and behavioral health services. 418
7 11. Briefly describe how the proposal exemplifies Housing First approaches as defined in Welfare and Institutions Code section 8255. (1000 character limit) 849 The City and County are committed to Housing First Principles as defined by the State of California and by HUD. This project exemplifies Housing First approaches in that all the residents of the encampment are presumed to be “housing ready” and the proposed interim housing will not impose barriers to entry or to ongoing participation. Using ERF resources, the City will employ one FTE outreach worker and will also engage a service provider partner to operate and deliver services at the proposed interim housing.
These services will be person-centered and trauma-informed, with a focus on doing whatever it takes to support residents to sustain their housing and not to exit back to homelessness. Encampment residents placed into housing who are Medi-Cal eligible may also receive ECM services through Cal AIM to help them sustain their housing.
12. Describe how each of the following service delivery practices are incorporated into the outreach, interim shelter (if applicable), and permanent housing aspects of the proposed ERF project: (a) individual participant choice and (b) trauma-informed care. (1000-character limit) 791 The City and County are committed to identifying and working with individual staff people and nonprofit service provider partners that are experienced in the implementation of evidence-based practices, including individual participant choice and trauma-informed care. Providers must have a commitment to ensuring that encampment residents have a choice in what services they receive, and must utilize trauma-informed care standards, which ensure that clients are not required to participate in treatment services. Progress towards achieving goals will be measured at a pace that is comfortable for each client.
Trauma Informed Care practice will engage individuals to acknowledge the role that trauma has played in their choices, self-concept, behavior, development, health, and well-being.
13. Describe how harm reduction principles will be incorporated into the outreach, interim housing (if applicable), and permanent housing aspects of this ERF project. (1000-character limit) 934 The City and County are committed to working in a harm reduction approach to deliver services and housing to encampment residents. The proposed new 12-unit interim housing project will employ harm reduction in resident screening and in ongoing operational policies and procedures. Harm reduction incorporates a spectrum of strategies that includes safer use, managed use, abstinence, meeting people who use drugs “where they are at,” and addressing conditions of use along with the use itself. Harm reduction is grounded in justice and human rights. It focuses on positive change and working with people without judgment, coercion, discrimination, or requiring that people stop using drugs as a precondition of support. Participants in the interim housing will not be required to maintain sobriety but are held to a set of behavioral standards that are grounded in considerations for the safety of the participant and other residents.
14. Describe the services that will be provided to improve people’s health, dignity, and safety while they continue to reside within the prioritized encampment site. (1000-character limit) 587 419
8 While the residents continue to live in the encampment, they will receive regular outreach and service connections from the County’s outreach program, City’s Police Department, and the Rapid Rehousing agency. Once the ERF grant is executed, the City will hire an additional FTE outreach worker who will be able to focus more dedicated time and expertise in helping encampment residents with their daily needs (hygiene, etc.), connections to the health system, employment, etc. The City is also providing a dumpster so that residents can throw away their trash and will continue to do so.
15. Identify what controls are or will be in place to ensure that all ERF-3-R funded parties will not penalize homelessness. The term “penalize homelessness” means to impose, by a governmental unit, criminal or civil penalties on persons who are homeless in a manner that is related to those persons’ engagement in necessary human activities, including sleeping, resting, and eating. (1000 character limit) 416
Monterey County and the City of Soledad do not have any laws in place to penalize homelessness.
However, some of this encampment is on privately owned property and the owners may request people get moved sooner, although the landowners have been willing to work with both the City and County thus far. As it relates to this specific encampment, the City has responded to emergency situations (fires, floods, medical emergencies) as would be the case for any location where people are in need of assistance.
16. Describe how this proposal considers sanitation services for people residing in the prioritized encampment. This may include but is not limited to non-intrusive, curb-side waste removal and access to clean and available bathrooms. (1000 character limit) 481.
The encampment currently has a significant volume of trash, so the City is providing a dumpster which is regularly emptied. In 2023, the County worked with the City and the CoC to coordinate a trash and debris clean-up while allowing occupants to remain. The CoC used foundation funding to provide stipends to people with lived experience to clean-up their areas. This method proved to be fairly successful and may be used during the summer months to prepare for the rainy season.
PART 3: IMPLEMENTATION
Core Service Delivery and Housing Strategies
17. Describe the proposed outreach and engagement strategy, case management, and / or service coordination for people while they are continuing to reside within the encampment site. Quantify units of service to be delivered including the ratio of staff to people served, frequency of engagement, and length of service periods. (2000 character limit) 1345
The City of Soledad Police Department is currently the primary provider of outreach to the encampment. They know each of the residents by name and have positive relationships with them. The PD is trained in trauma-informed care. The County’s outreach team, operated by CSUMB, also has some 420
9 contact with this encampment, though less regularly than the PD. The proposed ERF grant will significantly expand services to these residents, through:
• Addition of 1 FTE City outreach worker housed at the PD who will provide dedicated engagement and service connections at the encampment.
• Addition of 1.0 FTE Housing Navigator who will be connected to the proposed 12 unit interim housing project but will also support encampment residents who do not move to the interim housing and need help identifying a permanent housing pathway while living unsheltered. • 4 Service Coordinators and a part-time peer support person will staff the 12 unit interim housing project.
• The interim housing will be operated by a service provider partner to be identified by the City of Soledad. The County will work with the City to help this provider become an ECM provider (if they are not already), which will allow them to leverage CalAIM resources.
City Community Development staff will serve as a liaison to the Housing Navigators and the housing pipeline/landlords.
18. Describe the role of Coordinated Entry in the context of this proposal and how Coordinated Entry policies or processes will support and / or hinder the implementation of this proposal. (1000 character limit). 773
Coordinated Entry is one of the tools the outreach workers, housing navigator, and interim housing services staff will utilize to connect encampment residents to housing. Participants in the ERF project will be entered into the Monterey County Coordinated Entry System. The CE system generally tend to have large backlogs of people waiting for a housing match and many are not prioritized due to their assessed level of vulnerability. The City and County is projecting only a small number of encampment residents will secure housing through CE. Another barrier to using CE is distance. The Soledad encampment is 27 miles away from the nearest site-based PSH project (in Salinas) and many residents in south county do not wish to re-locate to the central part of the county. If Homekey in King City gets resolved, that could be a potential placement for Soledad residents.
19. Describe each of the specific (a) interim housing and (b) permanent housing opportunities that will be used to achieve the proposed outcomes of this ERF project. Demonstrate that any ERF-3-R funded interim housing capacity is either non-congregate or clinically enhanced congregate shelter. (2000- character limit) 1011
• Interim Housing – The City of Soledad will acquire 12 mobile homes/trailers to create a new interim housing facility on a City-owned property near the encampment and will identify a nonprofit partner to operate the units and provide housing-focused case management and housing navigation to the residents. The ERF grant will also create a pool of flexible motel voucher funds that the City may use to assist some of the encampment residents during emergencies, inclement weather, or when units at the interim housing site are unavailable. All these interim housing options are non-congregate.
• Permanent Housing – 15% of encampment residents will receive assistance to move directly from being unsheltered into housing and 60% will move to interim housing and then to permanent housing. This will include placement into new affordable housing units coming 421
10 online. Some residents will need rental subsidies to afford these units, while others might need rental assistance to secure units in market rate units.
20. Demonstrate the applicant's commitment and ability to deliver permanent housing solutions to the people residing in the prioritized encampment, including by providing examples of prior successful efforts to permanently house similarly situated individuals. (2000-character limit) 1602 Monterey County has partnered with the City of Salinas on a number of similar projects. These have involved extensive outreach and engagement with encampment residents, support to help residents transition to temporary housing in Project Roomkey motels, and then transition to Project Homekey permanent housing. About 50% of those served have moved into permanent housing. Monterey County is also currently partnering with Santa Cruz County and the City of Watsonville to implement an ERF-2 project to create new modular non-congregate shelter and pathways to permanent housing for residents of a large encampment in Pajaro, a small community on the border between Monterey and Santa Cruz that was devasted in a March 2023 flooding event that displaced the encampment residents before the grant funds were even awarded. The County stood up an emergency response, engaged our partners, and located temporary housing for 600 residents of the town of Pajaro, in addition to providing services and support to the encampment residents who continue to be displaced and are awaiting the opening of the facility in Watsonville. The County coordinated outreach efforts during the disaster with the local Continuum of Care, including homeless shelters, non-profit developers, rapid rehousing agencies, and the Housing Authority. 30 households obtained Emergency Housing Vouchers among other vouchers they were eligible for. The County of Monterey’s Board of Supervisors has adopted the Lead Me Home 5 Year Plan to Reduce Homelessness by 50% - demonstrating their commitment to address unsheltered homelessness.
21. Describe how this proposal is tailored to meet the needs and preferences of people residing within the prioritized encampment. (1500 character limit) Where applicable, identify the people, data, evidence, and / or other sources of information that was relied upon for this proposal. 1256 The City of Soledad PD and other City staff, as well as countywide outreach teams, have conducted extensive outreach with encampment residents to gain their trust by authentically listening and meeting people where they are. During these visits, staff have asked residents what they need and want in the next step in their lives. Virtually all the residents indicated they would like to move forward with housing, especially if it affords them some privacy and they are able to bring their partners, pets, and belongings. Some occupants have mentioned their ability to reunite with family members. The proposed ERF project will meet this need by offering 12 units of new non-congregate interim housing in mobile homes/trailers and also motel vouchers. Residents will also be assisted to identify housing solutions, either directly from the encampment or while they are in the interim housing.
Throughout the project, participants will be afforded many opportunities to voice their concerns and make recommendations for improvement. The City’s selected operator/service provider for the interim housing will be expected to offer frequent opportunities for feedback to further engender engagement with program participants. Participants will be able to offer input through case management sessions, satisfaction surveys, and exit interviews.
Table 1: Projected Living Situations Immediately Following the Encampment 422
11 For people served who exit the encampment, what are the projected Living Situations Immediately Following the Encampment, including but not limited to, permanent housing, interim sheltering, and unsheltered?
Please provide responses in the table below. Add a row for each projected living situation. (250- character limit for each cell).
Briefly
Describe Each
Projected
Living
Situation
Immediately
Following the
Encampment
Is This
Permanent
Housing? Y/N
Quantify The
Capacity (e.g.,
number of
beds/units,
frequency of
bed/unit
availability)
Prioritized or
Set-Aside for
ERF-3-R?
(Pri/Set
Aside/Neither)
Is this living
situation
funded by ERF3-R and / or
Leveraged
Funds?
(ERF/Lev/Both)
% of Served
Persons
Projected to
Fall Within
This Living
Situation (%)
New 12 unit
noncongregate IH
project.
N 12 beds Set Aside ERF 40% (16/40)
Motel
vouchers
N 10 beds Set aside ERF 25% (10/40)
Directly to
housing
Y 10 Neither Both 25% (10/40)
Other
unsheltered
locations
N 4 Neither 10% (4/40)
Table 2: Permanent Housing Opportunities
A permanent housing opportunity is a combination of project and/or service provided to an individual with the goal of helping the individual obtain permanent housing. Of course, applicants cannot and do not need to provide every possible scenario; Cal ICH is looking to understand the primary, expected permanent housing opportunities for people projected to be served by this proposal.
Please provide responses in the table below. Add a row for each projected pathway. (250-character limit for each cell).
Describe the Permanent
Housing Opportunity
Prioritized or SetAside for ERF 3-R? Quantify the Capacity of the Housing and
Service Opportunity
Is this Housing
Opportunity funded by
ERF-3-R and / or
Leveraged Funds?
(ERF/Lev/Both)
Emergency Housing
Vouchers
Prioritized 5 Units Leveraged
Rapid Re-Housing
(Market Rate Housing)
Set-Aside 20 Units ERF
423
12 22. Describe strategies the applicant will use to ensure that people are not displaced from the prioritized encampment into another unsheltered location. Include strategies that are in addition to/complement the interim shelter and permanent housing opportunities that are part of this proposal. (1000-character limit) 602
Ensuring people in the prioritized encampment do not move to another unsheltered location in the city of Soledad or elsewhere in south county will be challenging. However, the City and County does not intend to force anyone to move and will instead rely on outreach and engagement to build rapport with residents and support them to move directly to interim and permanent housing. The City’s goal is that everyone will remain in the current location and receive support from outreach workers and housing navigators until they are able to avail themselves of either interim housing or permanent housing.
23. Describe specific strategies and/or services the applicant will use to prevent returns to unsheltered homelessness among people from the prioritized encampment who are sheltered and housed through this ERF project. Include whether these strategies will be funded with ERF-3-R funds and, if not, what other resources will be leveraged. (1000-character limit) 738 The City intends to select a provider partner to operate the new interim housing project that is experienced in delivering person-centered and trauma-informed services to help participants sustain their housing and avoid exits back to homelessness. Participants will be encouraged to develop individualized Housing Stability Plans and support access to health, behavioral health, employment or other services they need for ongoing stability. Once participants have moved to permanent housing, either the City’s outreach workers or interim housing provider will ensure they are connected to the support they need to sustain housing. Those who are Medi-Cal eligible will be able to receive ECM services to support housing stability.
24. Describe how this proposal considers and plans for the dynamic nature of encampments including potential inflow of people into the geographically served areas. (1000 character limit) 300 The City is not anticipating that there will be any significant further inflow into this site once the ERF project launches. The City will provide City IDs to identify which occupants are to be served from this project. If any new residents take up occupancy, the City will endeavor to extend outreach services to help connect them to needed services and identify alternative places they can go. If no other places are identified, and if capacity permits, new occupants may be enrolled for services through the duration of the ERF program.
25. Describe how participants in this ERF project will be supported with continued access to and / or the storage of their personal property. (1000 character limit) 640 The County will work with the City to provide POD storage onsite at the interim housing location to reduce barriers to entry. The storage will be locked to protect the belongings of individuals and will be made accessible by the identified service provider. This particular encampment has excessive amounts of trash and debris and City outreach workers will compassionately work with the occupants to determine what occupants would like to dispose of and what they deem necessary to keep. Personal storage containers may be offered to encampment occupants to safely transition their items to their new interim or permanent housing location.
424
13 26. Describe how participants in this ERF project who have service animals and/or pets will be supported while in the encampment, in interim shelter (if applicable), and in permanent housing. (1000 character limit) 637
The most recent survey of encampment residents found that only 7 of the 40 residents have pets and only 5 of these are large dogs. This means that pets will not be a barrier for the vast majority of residents. The interim housing project will allow for pets of all sizes, assuming the pets aren’t aggressive.
The ERF project includes funding for pet care, which includes food, flea remediation, and other petspecific services. For the few that have large dogs, the strategy will be to help them secure permanent housing in pet-friendly buildings directly from the encampment, rather than trying to bring their dogs into interim housing. The County will work with clinicians to determine if pets could be certified as therapeutic pets where appropriate.
Budget and Resource Plan
27. State the total amount of ERF-3-R funds requested. $4,550,258.16
28. State the estimated dollar value of secured non-ERF-3-R resources that will help meet this proposal’s outcomes. $1,171,185.75
29. Identify and describe each leveraged non-ERF-3-R resource and how that specific resource will be used to help meet the proposal’s outcomes, including the permanent housing outcomes. (1000- character limit)
This proposal leverages more than $1.1 million in resources, including:
• $ 222,561 cost savings for administrative personnel costs, to be paid for by City of Soledad and County of Monterey.
• $ 270,000 costs savings from the use of City-owned property for the proposed 12-unit noncongregate IH project. • $ 330,000 CalAIM Medium Term Rental Assistant
• $ 335,400 Homeless Set-Aside Vouchers
Applicants are directed to provide a detailed description of other fund sources, and system capacity, that will be leveraged to achieve the outcomes proposed for the ERF-3-R funded project (especially as it relates to meeting this proposal's permanent housing outcomes) and, if applicable, to sustain the new programming beyond the end of the grant term.
This includes prior ERF awards, HUD unsheltered NOFO, and other federal, state, and local funding sources.
Applications will be evaluated with the understanding that communities vary significantly with respect to the current availability of other fund sources that can be used as leverage for their proposed projects and to sustain the projects beyond the grant term.
425
14 In the absence of currently available resources, Applicants are encouraged to provide a specific plan for obtaining the funding necessary to sustain their project beyond the grant term if the project is intended to continue.
30. Describe how the proposal is a prudent and effective use of requested funding relative to the number of people it seeks to serve, the types of services and housing to be provided, and any benefits to the community’s efforts to address homelessness that will extend beyond the grant term, including ongoing expansion of interim and permanent housing capacity. Include an explanation of how the requested ERF-3-R amount was determined. (1000- character limit). 947 This proposal is highly cost effective in that the total ERF request is only $4,550,258 for 40 encampment residents [$113,756/person]. As a result of this investment, the State of California will be supporting the resolution of the only large encampment in the City of Soledad (currently the largest in South Monterey County) and assist most of the residents to secure interim and/or permanent housing. The requested funds will also create an expansion of non-congregate interim housing in the community that may extend beyond the grant term. There are no other options for people experiencing homelessness in Soledad, and the ERF will build a full-service continuum. Additionally, the City will save money due to the extensive service calls that require PD and Fire to respond on daily basis.
The ERF 3 budget was determined by costing out each individual line item (see budget notes) and identifying leveraged funding sources wherever possible.
Attachment: Standardized Budget
Applicants must use the ERF-3-R Budget Template available on box.com Key Entities and Staff
31. First, describe the implementing organization and specific unit or office within the implementing organization that would administer ERF-3-R. Then, describe their role and primary responsibilities for this proposal. Finally, if these entities have managed a complex homelessness project or grant, describe how those experiences informed this proposal. (1500 character limit) 807 The implementing organization for this grant is the Monterey County Homeless Services Unit, within the County Administrative Office, Office of Legislative and Intergovernmental Affairs. This is a relatively new unit created in 2022 to coordinate work to reduce homelessness that is spread across several departments, including Social Services, Health, and Housing and Community Development. All of these Departments have experience managing complex homelessness projects including Project Roomkey, SHARE Center (Navigation Center), HDAP, Family Stabilization Program, and the Housing Support Program. For this ERF project, Monterey County’s role will be to receive and administer the funding from Cal-ICH, prepare required reports, and serve as the overall coordinator of the work of the different partners.
426
15 Table 3: Key Staff
Identify all staff positions (e.g. administrative, programmatic, development etc.) which are integral to this ERF project and to achieving the proposal’s outcomes. For each position include the title, whether the position is filled or vacant, the approximate fulltime equivalent (FTE) of the position dedicated to the ERF project, whether the position is funded through ERF-3-R and/or Leveraged (i.e.non-ER-3-R) funds, and a brief description of the duties. Please provide responses in Table 3 below.
Title Currently Filled
Position (Y/N)
FTE of Staffing
for This Proposal
(#FTE)
Funded by ERF-3-
R and / or
Leveraged
Funds?
(ERF/Lev/Both)
Brief Description
of Duties
County Homeless
Services Director
Y .10 Lev Lead Project
Manager
Homeless Services
Management
Analyst
Y .20 Lev Contract
Management
and grant
administration
Chief of Police Y .20 Leverage Oversee Outreach
and Encampment
Engagement;
Serve as Liaison
to Businesses;
Support Safety in
Interim Housing
City Manager Y .05 Leverage Oversee ERF
Implementation
Support of all City
Departments and
Support of
Interim Housing
Housing Analyst Y .15 Leverage Coordinate
Housing Pipeline
and Assist
Housing
Navigator; Assist
County in
Monitoring
Outcomes
Code
Enforcement/Animal
Control
Y .10 Leverage Coordinate
Encampment
Clean Up Efforts
and Animal
Services; Assist
427
16 with Emergency
Services and Basic
Needs Assistance
Victims Advocate Y .15 Leverage Assist Street
Outreach Worker
with Case
Management and
Secure Additional
Resources for
Encampment
Residents
Battalion Chief Y .05 Leverage Oversee the
Provision of
Emergency and
EMT Services;
Conduct
Emergency
Training to Keep
Encampment
Residents Safe
32. First, describe key partners that will be responsible for implementing this ERF project and achieving the proposal's outcomes (e.g. service providers, public agencies, development entities etc.). Then, describe their role and primary responsibilities for this proposal. Finally, if these entities have managed a complex homelessness project or grant, describe how those experiences informed this proposal. (1500- character limit) 1029
The key partners for this project are:
• City of Soledad: The City’s Community and Economic Development Department (CED) (housing, permitting, planning), will coordinate the development of the 12-unit non-congregate interim housing project and procurement of an operator/service provider. The City will also hire, train and supervise 1 FTE outreach worker who will expand the services currently provided by the Police Department. The CED has strong experience in oversight of development projects and operates a number of different housing programs and housing development projects to address community needs. The City works with residents, developers, stakeholders, and non-profit organizations to preserve affordable and accessible rental and ownership housing opportunities for diverse income levels to help boost economic activity in the community. • Non-profit operator and service provider for non-congregate interim housing: The City will identify an experienced service provider to operate the new interim housing project.
33. Describe specific examples of how Local Jurisdiction(s) and the CoC have collaborated on the design and implementation of this proposal. (1000 character limit) 857 The City of Soledad and County of Monterey have held regular coordination meetings with the Coalition of Homeless Services Providers (the CoC lead agency), countywide outreach teams and other direct service providers that understand the needs of the population intended to be served by this project and 428
17 develop strategies to assist them. These high-level meetings provided the space and opportunity to foresee and overcome complications that may arise as the ERF project application develops. To develop this application, the City and County have been holding strategy meetings/brainstorming sessions since the fall of 2023. Monterey County also participated in the CoC's development of the local Emergency Shelter Standards, which will be incorporated into the City’s contract with the selected operator/provider for the new non-congregate interim housing.
Applicants may upload evidence of cross-jurisdictional collaboration such as MOUs, letters of support, or interagency agreements etc. in the field immediately below.
Optional Upload: Evidence of Cross-Jurisdictional Collaboration
34. Identify any entities that have a right to and/or control of the property upon which the encampment site resides. Describe how applicant has engaged with these entities and confirm that each of these entities has committed to allowing the implementation of this proposal. (1000-character limit) 641 This encampment spans over private and public lands in the jurisdictions of the City of Soledad and the County of Monterey. Each year, the County partners with the City and private property owners to coordinate trash and debris clean-ups while allowing people to remain in the encampment. Private property owners have historically provided Right-of-Entry forms to allow for government officials and non-profits to provide trash and debris removal. Both jurisdictions will follow this process to ensure all occupants are offered the opportunity to participate in this program, while maintaining meaningful relationships with property owners.
Accelerated Timeline
35. How is your community currently supporting and / or engaging with people residing within the prioritized encampment? (1000 character limit) 799
As previously noted, there is ongoing outreach and engagement, as well as crisis response, taking place at the prioritized encampment. The City is also providing a dumpster and regular trash removal and coordinates annual trash and debris clean-ups with the County.
The County hosted a community engagement session per HHAP requirements in the City of Soledad, and many people experiencing homelessness attended. Through this engagement, occupants voiced their desire for more services and pathways to permanent housing. Many people were severely impacted by the January storms (Federally Declared Disaster #4683) and lost all of their belongings due to the rise of the Salinas River. The County deployed the CHE outreach team to engage with encampment occupants and register them for FEMA benefits.
36. If this proposal is selected, in advance of receiving funding, what steps will your community take to support the people living in the encampment and swift implementation of this proposal? (1000 character limit) 472
429
18 If this proposal is funded, all of the above-mentioned activities will continue. The City of Soledad will move swiftly to begin hiring the one (1) FTE outreach workers, which will allow for stepped-up engagement as well as housing and service connections. The City will also move to procure a provider/operator for the proposed new interim housing; this contract will include a Housing Navigator that can work with residents while they are still living in the encampment.
Table 4: Projected Timeline
Cal ICH should be able to use the project timeline to understand the general parameters of the project and how it will be implemented.
This Standardized Project Timeline Template will not perfectly capture every nuance - that’s Ok.
However, applicants are strongly encouraged to provide incremental milestones for achieving the interim shelter and permanent housing goals set out in the proposal. For projects that include interim shelter and/or permanent housing development, the timeline should include major development milestones.
Where there is ambiguity, conflict, or silence, use your judgment.
Date Milestone Category Additional Detail for
Milestone
April 2024 ERF award announced
June 2024 Begin soliciting bids for
the non-congregate
housing units (mobile
homes
June 2024 Begin process to select
interim housing
operator/provider;
begin hiring for City
outreach workers.
July 2024 ERF disbursement
begins
August 2024 Award non-congregate
housing contracts (for
unit development and
operator); outreach
workers hired
August 2024 Begin IH site
development; outreach
workers begin working
with encampment
residents
November 2024 Non congregate IH is
ready for occupancy
430
19 December 2025 All encampment
residents have moved
to either IH or PH
Table 5: Projected Milestones
Answer the following questions in relationship to January 31, 2024. Cal ICH assumes disbursement will occur approximately 3-6 months after January 31, 2024.
Please provide responses in the table below including the month and year. (15-character limit for each cell)
Outreach to the
people residing in the
prioritized
encampment site
began / will begin in
January 2023
This proposal will
reach full operating
capacity in December
2025
The first planned exit
of a person or
household from the
prioritized
encampment will
occur in November
2024
The last planned exit
of a person or
household from the
prioritized
encampment will
occur in December
2025
CERTIFICATION
Before certifying, applicants are strongly encouraged to review the NOFA.
I certify that all information included in this Application is true and accurate to the best of my knowledge.
Name* Roxanne Wilson
Title Homeless Services Director
Email [email protected]
*This does not have to be an authorized representative or signatory 431
990 Los Coches Rd
City Owned Property
APN: 022-291-010-000 Parcel
Size-Acres: 6.94
Legend
Property of City of Soledad
Property Line
900 ft
N
➤
Attachment C
432
Encampment Resolution
Funding Round 3 (ERF-3)
Community and Economic
Development Department
August 21, 2024
433
Background
The ERF Program increases
collaboration between the CALICH, local jurisdictions, and CoC’s to accomplish the
following:
• safety and wellness people in
encampments
• transition individuals into safe
and stable housing
• Encourage a data-informed,
coordinated approach
• City Council authorized City staff to
partner with the County of Monterey
to submit and application
Jan. 17th
• The County Administrative Office
Homeless Services Program (CAOHS)
submitted an ERF-3 application
Jan. 31st
• CAOHS is awarded $4.7 million
• The City will receive up to $2.5
million
Apr. 18th
434
Partnerships and Shared Responsibilities
City
• Interim Shelter
Construction
Management
• Hire a Homeless
Service Coordinator
• Establish Motel
Voucher Program
County of Monterey
(CAOHS)
• Grant Management
• Subrecipient
Agreements
• Services Provider
Selection
Operator
• Case Management
• Client Intake
• Housing Financial
Assistance
• Interim Shelter
Operations
• Outreach and
Referrals
435
Term of Funds and Allowable Activities
Staffing
& Admin Cost
Housing Unit &
Construction Cost
Operator Rental Assistance Motel Vouchers
Term:
July 1, 2024 – June 30, 2027
Allowable Activities:
436
Budget Overview
ITEM ALLOCATION
Motel Vouchers Program $199,500
Site Development $250,000
Interim Shelter Construction $1,155,000
Homeless Services Coordinator $203,016
Interim Shelter Amenities & Furniture $100,000
Professional Services $2,000
Transportation & Food $126,240
Consumables/Supplies $12,000
Contingencies $163,550
Total $2,211,306
437
Interim Shelter Overview 438
Budget Overview
➢12 bedrooms
➢1 office space
➢Shared bathrooms and showers
➢Shared Kitchenet
439
Financial Consideration
ERF-3 will provide additional funds to support 3 years of:
➢Homeless services personnel costs
➢An interim shelter
➢Motel voucher Program
➢Outreach efforts
440
Alternatives
➢Adopt the Resolution as presented to
facilitate implementation of this program
➢Defer adoption of the required resolution
pending additional information. This is not
recommended as it will delay hiring of key
staff and program implementation.
CEQA
➢Not a Project. The City of
Soledad has determined
that the proposed action
is not a project as defined
by the California
Environmental Quality
Act (CEQA) (CEQA
Guidelines Section
15378).
441
Recommendation
Motion to approve a Resolution 6147:
1. Approving the execution of the Subrecipient Agreements with the County of Monterey for the Encampment Resolution Funding Program - Round 3 (ERF-3) in an amount not to exceed $2,500,000; an
2. Authorizing the City Manager and City Attorney to finalize the terms of the Agreements and directing the City Manager to execute the Agreements and related documents necessary to implement the grant program on behalf of the City of Soledad upon the approval of the Monterey County Board of Supervisors; and
3. Establishing an ERF-3 appropriation fund of up to $2,500,000 and amending the FY 24/25 Budget for related expenditures to implement the grant program; and
4. Approving the job classification of the Homeless Services Coordinator and associated job description and establishing the salary range as $35.07 - $41.83/hour.
442
Comments and
Questions
443
SUBJECT: Resolution No. 6146, A Resolution of the City Council of the City of Soledad Providing for the appointment of Nominated City Officers as if Elected at the November 5, 2024 City of Soledad General Municipal Election
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Rodriquez, City Attorney
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 2.
Recommendation
It is recommended that the City Council consider and adopt Resolution No.6146, “Providing for the Appointment of Nominated City Officers as if Elected at the November 5, 2024 Election and Cancelling the November 5, 2024 City of Soledad General Municipal Election.” Executive Summary
On June 19, 2024, the City Council adopted a resolution calling for a General Municipal Election in Soledad at which the Mayor’s seat and two newly created district council seats are open. The deadline for the submission of nomination papers for the open positions closed on August 9, 2024, and the City Clerk has determined there are not more candidates than offices to be filled by election, one for each position. Pursuant to California Elections Code Section 10229, under such circumstances the Council has the option to either appoint the nominated candidates to their respective positions and cancel the election or to move forward with the election as previously called. By cancelling the election, the Council will save approximately $77,000.
Background
At the close of the nomination period for the previously called November 5, 2024 General Municipal Election in Soledad, only one individual had submitted nomination papers for the open Mayor’s seat and only one individual had filed nomination papers for each of the open seats in Districts 3 and 4.
Pursuant to California Elections Code Section 10229, if at the close of the nomination period for a municipal election there are not more candidates than offices to be filled by election, a City Council has the following options:
1. Appoint to the office the person who has been nominated; or
2. Appoint to the office any eligible elector if no one has been nominated; or 444
Resolution No. 6146
3. Hold the election if either no one or only one person has been nominated.
As such, the Council may choose to take action by pursuing Option 1 or 3.
The window of opportunity to exercise its right to choose one of the aforesaid options is quite limited and must be taken by no later than tomorrow, August 22, 2024. (The City also has publishing requirements if the Council wishes to utilize Section 10229 which further constrain the time in which the Council has to act.) If the Council fails to act on or before August 22, 2024, the election will go forward as previously set by resolution.
Review & Analysis
Staff is recommending that the City Council choose Option 1, as referenced above, and appoint the three persons that have been nominated for the three open positions on the Council, namely:
Mayor Incumbent Anna M. Velazquez 2 year term
District 3 Council Seat Benjamin Caldera Garcia 4 year term District 4 Council Seat Evarista Banuelos 4 year term
The City will save an estimated seventy-seven thousand ($77,000) by appointing the positions and foregoing the local municipal election. The persons appointed in this manner will take office in December and serve exactly as if they had been elected at the November 5, 2024 election. Voters in the City will still have the opportunity to vote on any other county, state and nationwide issues that will be appearing on the ballot at the General Election on November 5.
Financial Considerations
As noted above, by appointing the nominated officers the City will save the cost of the previously called consolidated general election, estimated to be seventy-seven thousand dollars ($77,000).
Alternatives
Council may adopt Resolution No. 6146.
The Council can choose to move forward with the election. The Council does not need to take any action if this is its preference as failure to cancel the election by August 22, 2024 will result in the local general municipal election being held in Soledad.
Planning/CEQA
The adoption of Resolution No. 6146 is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), since it can be seen with certainty that proposed election appointment and cancellation process will not result in a significant effect on the environment.
Public Notice Requirements
None.
Attachment(s):
445
RESOLUTION NO. 6146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD PROVIDING
FOR THE APPOINTMENT OF NOMINATED CITY OFFICERS AS IF ELECTED AT THE NOVEMBER 5, 2024 ELECTION AND CANCELLING THE NOVEMBER 5, 2024
CITY OF SOLEDAD GENERAL MUNICIPAL ELECTION
WHEREAS, as of the close of the nomination period of August 9, 2024, there are not more candidates than offices to be elected at the Soledad November 5, 2024, General Municipal Election; and
WHEREAS, under such circumstances, Section 10229 of the California Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated; or
2. Appoint to the office any eligible elector if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated; and WHEREAS, only one incumbent was nominated for the Mayor’s position and only one individual was nominated for each of the newly created council positions in Districts 3 and 4 to be filled at the November 5, 2024 General Municipal Election, and therefore, the City Council may take action pursuant to either Option 1 or 3 above; and WHEREAS, there are no other City offices to be filled at the November 5, 2024 election, and no City measure has qualified to be submitted to the voters at said election; and WHEREAS, on August 16, 2024, the City Clerk published the notice required by Elections Code Section 10299 and delivered to the City Council the certificate required by the same section, which is attached as Exhibit A and hereby incorporated by reference as though set forth in full; and
WHEREAS, the City Council has determined that by appointing the officers as permitted by Elections Code Section 10229, the City will save the cost of the General Municipal Election, estimated at a cost of $77,000.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Soledad as follows:
Section 1. Pursuant to Section 10229 of the Elections Code, the following persons are hereby appointed to the office to which they were nominated:
NAME OFFICE TERM
Incumbent Anna M. Velazquez Mayor 2024-2026
Benjamin Caldera Garcia District 3 Council 2024-2028
Evarista Banuelos District 4 Council 2024-2028
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Section 2. Pursuant to Elections Code Section 10229, the persons appointed by Section 1 of this Resolution shall qualify and take office and serve exactly as if elected at the November 5, 2024 Municipal Election, with terms commencing in December 2024.
Section 3. That the November 5, 2024, General Municipal Election is cancelled.
Section 4. That the City Clerk shall certify the passage and adoption of this Resolution and shall transmit a certified copy to the Monterey County Elections Department and the Board of Supervisors of Monterey County.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting on the 21st day of August 2024, by the following vote:
AYES: and in favor thereof, Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
___________________________________
MEGAN HUNTER, City Clerk
I, the undersigned City Clerk, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Soledad, California, at a Regular Meeting thereof held on the 21st day of August, 2024, by the above-stated vote of the members thereof, a majority being present.
___________________________________ Dated: August __, 2024 MEGAN HUNTER, City Clerk
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SUBJECT: Resolution No. 6145, a Resolution of the City Council of the City of Soledad Approving a Contract for Construction Services with Monterey Peninsula Engineering in the Amount of $858,343 Plus 10% Contingency ($85,834) for a Total Not to Exceed Amount of $944,177 for the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project Phase 2 and Authorizing the City Manager to Execute Said Contract on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Don Wilcox, Public Works Director, Alex Ramos, Assistant Engineer MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 3.
Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6145, “Approving a Contract for Construction Services with Monterey Peninsula Engineering in the Amount of $858,343 Plus 10% ($85,834) for a total not to exceed the amount of $944,177 for the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project Phase 2 and Authorizing the City Manager to Execute said Contract on Behalf of the City of Soledad”.
Executive Summary
The City received funding through a State earmark from Senator Caballero for $2 million to purchase a new fire engine with a ladder attachment Unfortunately, the existing fire station bay is too small for this new apparatus, requiring the construction of a new apparatus bay to house and protect the ladder truck.
The majority of the funding for the project is coming from the City's American Rescue Plan Act allocation, which requires an expedited development timeline. As a result, the project was bid out in two phases: Phase 1 - the pre-fabricated apparatus bay and foundation; and Phase 2 – site improvements and utility connections necessary for the siting of the new apparatus bay. Phase 1 is already under contract. On July 3, 2024, the site work was formally advertised for bids and the City received three (3) bids, with the lowest bid received from MPE in the amount of $858,343. MPE also happens to be the contractor for Phase 1. Upon review, Staff determined that MPE’s bid is the lowest responsive and responsible bid.
Background
The City received funding through a State of California earmark from Senator Caballero for $2 million 448
to purchase a new fire engine with a ladder attachment. Subsequently, on January 11, 2023, Soledad City Council authorized the purchase of a 2023 Sparta/Smeal 105-foot Quint Aerial Apparatus (Ladder Truck). Unfortunately, the existing fire station bay is too small for this new apparatus, requiring the construction of a new apparatus bay to house and protect the ladder truck. As a result, City Council authorized Staff to initiate design work for the new apparatus bay.
Design of the Soledad Fire Department Aerial Apparatus Bay Project was completed in two phases:
Phase 1 – the pre-fabricated building and foundation; and Phase 2 - site improvements and utility connections necessary for the siting of the new apparatus bay.
On May 15, 2024, Council approved a contract for construction services with MPE in the amount of $359,000 plus 5% Contingency for a total amount not to exceed $376,950 for Phase 1 of this project.
Review & Analysis
Staff prepared and advertised through PlanetBids a formal Request for Bids (RFB) from qualified individuals or firms for the Soledad Fire Department Aerial Apparatus Bay Project Phase 2 (Site Work at the Soledad Fire Station). This RFB was formally advertised on July 3, 2024, on PlanetBids and advertised in local newspapers on July 10 and 17, 2024, with a bid due date of August 8, 2024. The City received three (3) bids, as shown in the table below:
Name of Bidder Bid Amount
Monterey Peninsula Engineering $858,343.00
Dilbeck & Sons, Inc. $945,909.00
David Construction & Management, Inc. $991,425.04
Staff reviewed the proposal and determined that MPE was the lowest responsive and responsible bidder. The amount came within the range of the Architect's Estimate, considering the additional scope of work added to this project. Therefore, Staff recommends approval of a contract with MPE for construction services for the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project Phase
2. The City’s standard contract form will be used.
Financial Considerations
On April 3, 2024, the City Council approved the allocation of $900,000 from the American Rescue Plan Act (ARPA) funds for the Soledad Fire Department Aerial Apparatus Bay Project. This funding must be spent or under contract by December 31, 2024. In addition to the ARPA Funding, the City received $2,000,000 from Senator Caballero’s office for the purchase of the Ladder Truck and necessary improvements. After the purchase of the Ladder Truck there are $228,156 remaining for the Apparatus Bay Project. The cost of the building, which was approved by the City Council on May 15, 2024, is $376,950. The additional site improvements of $944,777 bring the Apparatus Bay Project total cost to $1,321,727, of which $900,000 has been allocated from ARPA, leaving $421,727. The remaining $421,727 will be funded by the remainder of the $2,000,000 grant award from Senator Caballero and additional interest earnings in the ARPA Fund.
Alternatives
Approve the resolution as presented; or
Reject the proposed resolution, which is not recommended as necessary changes are critical to ensure safe ingress/egress of the ladder truck.
449
Resolution No. 6145
Exhibit A - MPE Bid Proposal
Planning/CEQA
The Soledad Fire Department Aerial Apparatus Bay Project, which involves the installation of a metal prefabricated building next to an existing fire station, is Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) under Guidelines Section 15332 – Infill (Class 32).
This Project is exempt because it meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies and zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as a habitat for endangered, rare, or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air, or water quality. (e) All required utilities and public services can adequately serve the site.
Public Notice Requirements
None required.
Attachment(s):
450
RESOLUTION NO. 6145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD
APPROVING A CONTRACT FOR CONSTRUCTION SERVICES WITH MONTEREY PENINSULA ENGINEERING IN THE AMOUNT OF $858,343 PLUS 10% CONTINGENCY ($85,834) FOR A TOTAL NOT TO EXCEED AMOUNT OF $944,177
FOR THE SOLEDAD FIRE DEPARTMENT (CALFIRE) AERIAL APPARATUS BAY PROJECT PHASE 2 AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT ON BEHALF OF THE CITY OF SOLEDAD
WHEREAS, the City received funding through a State of California earmark from Senator Caballero for $2 million for the purchase of a new fire engine with a ladder attachment (aerial apparatus); and
WHEREAS, on January 11, 2023, the City Council approved the purchase of this ladder truck with an 18-to-24-month delivery time; and
WHEREAS, the existing engine bay in the City’s 1950s fire station is too small to accommodate the larger, modern ladder truck, necessitating the expedited development of a new apparatus bay to safely house this truck; and
WHEREAS, due to the use of the City's American Rescue Plan Act allocation, which requires an expedited development timeline, and long lead time for the delivery of the prefabricated building, the Aerial Apparatus Bay Project was bid out in two phases: Phase 1 – for the pre-fabricated building (apparatus bay) and foundation and Phase 2 – for the site improvements necessary to locate and provide access and utility connections to the new apparatus bay; and WHEREAS, on May 15, 2024, City Council approved a contract with Monterey Peninsula Engineering (MPE) for Phase 1 of the Soledad Fire Department Aerial Apparatus Bay Project in a total amount not to exceed $376,950; and
WHEREAS, Staff prepared and advertised through PlanetBids a formal Request for Bids (RFB) on July 3, 2024 from qualified individuals or firms for Phase 2 (site improvements and utility connections) for Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project and advertised in local newspapers on July 10 and 17, 2024; and WHEREAS, the City received three (3) bids by the bid due date of August 8, 2024, with the lowest bid being $858,343 from MPE, which is well within the range of the Architect’s Estimate; and
WHEREAS, Staff recommends approval of a contract with MPE for construction services for the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project, Phase 2; and WHEREAS, the project will be funded through the allocation of $900,000 of American Rescue Plan Act funds and the remaining $421,727 amount to be paid from the $2,000,000 earmark from Senator Caballero’s office and interest earnings in the ARPA Fund. 451
NOW THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Soledad approve a Construction Services Contract between the City of Soledad and Monterey Peninsula Engineering for a total amount not to exceed $944,177 for Construction Services of the Soledad Fire Department (CALFIRE) Aerial Apparatus Bay Project Phase 2, and a copy of the bid proposal attached as “Exhibit A” and by reference incorporated herein, and the City Manager is authorized and direct to execute the same.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 21st day of August 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
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SUBJECT: Resolution No. 6148, A Resolution of the City Council of the City of Soledad Approving an Agreement with Tope’s Tree Service for Tree Trimming and Limited Removal and Replacement in an Amount Not To Exceed $165,000, Authorizing the Use of the City’s In-Lieu Purchase Exception, and Authorizing the City Manager to Execute Said Contract on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: August 21, 2024
CITY OF SOLEDAD
STAFF REPORT
THROUGH:
AGENDA ITEM NO. 4.
Recommendation
It is recommended that the City Council of the City of Soledad Consider and Adopt Resolution No. 6148, “Approving an Agreement with Tope’s Tree Service for Tree Trimming and Limited Removal and Replacement in an Amount Not To Exceed $165,000, Authorizing the Use of the City’s In-Lieu Purchase Exception, and Authorizing the City Manager to Execute Said Contract on Behalf of the City Of Soledad”.
Executive Summary
On March 20, 2024, the City Council approved a reallocation of $167,330 in ARPA for tree trimming, which was determined to be a high priority project that could be completed before the December 31, 2024 expenditure deadline. To expedite the bidding process, Staff is proposing that that the City piggyback off the bidding process recently completed by King City for tree trimming. Per Section
3.24.040 of the Soledad Municipal Code, the City can dispense with its formal bidding process for purchasing through the use of bidding procedures used by other municipalities or public entities. King City selected Tope’s Tree Service, which provided a bid of $240 per tree for trimming. With a not to exceed contract amount of $165,000, Tope’s Tree Service would be able to trim at least 640 trees in Soledad with some funding set aside for emergency tree removal and replacement. The City would focus trimming in the older sections of town where it is most needed.
Background
With the passage of the American Rescue Plan Act (ARPA) of 2021, the federal government provided billions to jurisdictions throughout the country to support various recovery projects. The City of Soledad received over $6.3 million. This funding has to be spent quickly by December 31, 2024, unless 478
as part of a significant public works project. While the City has been spending down these funds, on March 20, 2024, the Council approved a reallocation of funds to high priority projects that could be completed quickly. One of these high priority projects was tree trimming and accordingly, the City Council allocated $167,330 of ARPA funding for this purpose. Unfortunately, with all of the capital projects underway, the Public Works Department did not have time to go through the typical bidding process for tree trimming and the project temporarily stalled.
Fortunately, Staff discovered that King City recently went through the bidding process for tree trimming and Soledad can piggyback off that bidding process per the City’s In-Lieu Purchase Exception. This exception as outlined in Soledad Municipal Code Section 3.24.040, allows the City to dispense with its formal bidding process for purchasing through the use of bidding procedures used by other municipalities or public entities.
Review & Analysis
It has been years since the City has conducted comprehensive tree trimming of the street and park trees.
Because of the City’s limited finances, most tree maintenance has occurred within the assessment districts. The years of deferred tree maintenance is clearly visible, particularly in the older and more disadvantaged sections of town, which do not have these assessment districts. The negative impact of deferred tree maintenance is demonstrated by Front Street, where overgrown trees have uplifted sidewalks impeding access to local businesses and costing hundreds of thousands of dollars for the City to repair. Although Staff have wanted to complete more tree trimming, we have both lacked the capacity with a limited maintenance crew and funding to carry it out.
With the reallocation of ARPA funding by City Council on March 20, Staff now had the resources to contract with a tree trimming company. However, with key vacancies in the Public Works Department and number of capital projects underway, Staff did not have time to complete the standard bidding process, which can be time consuming. Fortunately, Staff learned of the In-Lieu Purchase Exception, which allows the City to dispense with its formal bidding process for purchasing through the use of bidding procedures used by other municipalities or public entities, in this case King City. Using King City’s bid for tree trimming services is in the best interest of the City of Soledad because it secures competitive pricing and enables the quick contracting of a vendor to meet the ARPA expenditure deadline.
King City prepared and distributed bid documents for tree trimming services on May 23, 2024. By the due date of June 27,2024, one firm submitted a bid. The responsive low bidder was Tope's Tree Service, Inc ("Tope's"). The cost for the proposed tree trimming was $240.00 per tree. Staff reached out to Tope’s to confirm availability and that the price per tree quoted for King City would be the same in Soledad. The City also confirmed that Tope’s bid with King City complied with the Department of Industrial Relations requirements and that Tope’s is committed to payment of prevailing wages and maintenance of certified payroll records. Prior to moving forward, the company’s owner, Andrew Tope conducted a tour with Joel Alvarez of priority areas in the older section of town (see Attachment 2:
Map).
Mr. Tope confirmed that the tree trimming can be completed by December of 2024 in order to meet the ARPA expenditure deadline. Although most of the funding will be used for tree trimming, the City may come across a tree in need of removal/replacement. The contractor will provide a price to Staff for the removal/replacement and wait for city approval before proceeding. For this reason, Staff is proposing a not to exceed amount of $165,000 to allow flexibility to address those trees that need to be removed because they are hazardous. However, with this amount, Staff will ensure that at least 640 trees are 479
Resolution No. 6148
Exhibit A - Tope's Tree Service Inc. Agreement
Topes Tree Trimming Map and Priority Area
Priority Map
King City Tree Trimming Contract Package
trimmed through this contract.
Financial Considerations
This expense is currently budgeted in the adopted FY24/25 budget through ARPA. $167,330 was specifically set aside for tree trimming. It is proposed that only $165,000 is used for this contract, so that remaining funding can be budgeted toward either the Community Center or Aerial Apparatus Bay, which have higher costs than anticipated.
Alternatives
Approve the resolution as presented; or
Reject the proposed resolution, which is not recommended as ARPA funding needs to be expended by December 31, 2024.
Planning/CEQA
This project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant Class 1, Section 15301 and Class 4, Section 15304. Tree trimming and removal of diseased and hazardous street and park trees involves maintenance of existing facilities with no expansion of use beyond current levels and minor public alterations to land and/or vegetation, which does not involve removal of healthy, mature, or scenic trees.
Public Notice Requirements
The bidding process conducted by King City complied with the noticing requirements. Additional noticing is not required.
Attachment(s):
480
RESOLUTION NO. 6148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING AN AGREEMENT WITH TOPE’S TREE SERVICE FOR TREE
TRIMMING AND LIMITED REMOVAL AND REPLACEMENT IN AN AMOUNT NOT TO EXCEED $165,000, AUTHORIZING THE USE OF THE CITY’S IN-LIEU
PURCHASE EXCEPTION, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF SOLEDAD
WHEREAS, it has been years since the City has conducted comprehensive tree trimming of the street and park trees due to limited resources and this deferred tree maintenance is clearly visible, particularly in the older and more disadvantaged sections of town; and WHEREAS, on March 20, 2024, the City Council approved a reallocation of $167,330 in American Rescue Plan Act (ARPA) funding for tree trimming, which was determined to be a high priority project that could be completed before the December 31, 2024 expenditure deadline; and WHEREAS, to expedite the bidding process and meet the expenditure deadline, Staff is proposing that that the City piggyback off the bidding process recently completed by King City for tree trimming; and
WHEREAS, King City prepared and distributed bid documents for tree trimming services on May 23, 2024 and by the due date of June 27,2024, received one qualified bid from Tope's Tree Service, Inc. (“Tope’s”) at a cost of $240 per tree for trimming; and WHEREAS, King City approved a two-year contract with Tope’s for these services on July 9, 2024; and
WHEREAS, Staff confirmed that Tope’s would honor the same price for the City of Soledad of $240 per tree and can complete the work before December 31, 2024 in compliance with the ARPA deadline; and
WHEREAS, the City has confirmed that Tope’s bid with King City complied with the Department of Industrial Relations requirements and that Tope’s is committed to payment of prevailing wages and maintenance of certified payroll records; and WHEREAS, with a not to exceed amount of $165,000, Tope’s Tree Service would be able to trim at least 640 trees in Soledad with some funding set aside for emergency tree removal and replacement; and
WHEREAS, per Section 3.24.040 of the Soledad Municipal Code, the City can dispense with its formal bidding process for purchasing through the use of bidding procedures used by other municipalities or public entities; and
WHEREAS, the City Manager has determined that: 1) the bid for the tree trimming service is and remains valid through May 23rd of 2025, 2) there has been no change in the price of tree 481
trimming services since the time the King City contract was awarded, 3) there is no reason to believe that there would be a significant difference in the price of tree trimming services based on the area, and, 4) the King City contract upon which the City desires to rely was based on the lowest responsible bid or equivalent thereto for tree trimming services; and WHEREAS, this project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant Class 1, Section 15301 and Class 4, Section 15304 because tree trimming and removal of diseased and hazardous street and park trees involves maintenance of existing facilities with no expansion of use beyond current levels and minor public alterations to land and/or vegetation, which does not involve removal of healthy, mature, or scenic trees.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Soledad as follows:
1. All of the recitals set forth above are true and correct to the best of its knowledge, and by this reference are incorporated herein.
2. The Council determines by at least a four-fifths vote that tree trimming services can be purchased more economically and on an expedited basis through reliance on a public bidding process utilized by King City, embodied in the Contract dated July 9, 2024, awarded to Tope’s Tree Service, Inc. the lowest responsive bidder in a competitive bid process sponsored by King City and valid through May 23, 2025, and as such, pursuant to the authority provided by Soledad Municipal Code Section 3.24.040 and in compliance with the provisions thereof, the Council desires to execute an agreement for tree trimming through use of the City’s “In-Lieu Purchase Exception”.
3. The City Manager is hereby authorized to execute an agreement for services, a copy of which is attached as “Exhibit A” and by reference incorporated herein for a total cost not to exceed $165,000. Funding for said agreement shall come from the City’s ARPA Funding.
PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 21st day of August 2024 by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
482
ANNA M. VELAZQUEZ, Mayor
ATTEST:
MEGAN HUNTER, City Clerk
483
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 1 of 13 1056293-1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOLEDAD AND
TOPE’S TREE SERVICE, INC.
THIS AGREEMENT for consulting services is made by and between the City of Soledad (“City”) and Tope’s Tree Service, Inc. (“Consultant”) (together referred to as the “Parties”) as of ____________, 2024 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A , and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 15, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. The services described in Exhibit A constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $165,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the 484
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 2 of 13 1056293-1
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, at least once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 30 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 485
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 3 of 13 1056293-1
2.6 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a 486
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 4 of 13 1056293-1
self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an occurrence basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance 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.
487
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 5 of 13 1056293-1
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The 488
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 6 of 13 1056293-1
City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements 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 entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. 489
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 7 of 13 1056293-1
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including 490
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 8 of 13 1056293-1
but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
491
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 9 of 13 1056293-1
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
492
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 10 of 13 1056293-1
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which 493
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 11 of 13 1056293-1
that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 494
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 12 of 13 1056293-1
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by _______________________________ ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
____________________________________________
____________________________________________
____________________________________________
Any written notice to City shall be sent to:
____________________________________________
____________________________________________
____________________________________________
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Public Works Requirements
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
495
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. Page 13 of 13 1056293-1
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOLEDAD CONSULTANT
____________________________ ______________________________ Megan Hunter, City Manager [NAME, TITLE]
Attest:
____________________________
Megan Hunter, City Clerk
Approved as to Form:
____________________________
Michael Rodriquez, City Attorney
496
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and ______________--Exhibit APage 1 of 4
EXHIBIT A
SCOPE OF SERVICES
.
GENERAL CONDITIONS AND SPECIFICATIONS
1. Contractor, following award by the City of Soledad Council shall enter the City’s standard Agreement and provide all required insurance.
2. Contractor will secure a City of Soledad business license before staring any work.
3. Contractor must be registered with the State of California Department of Industrial Regulations.
4. Contractor shall be licensed in California with a Class D-49 Tree Service contractor’s license.
5. All work shall be completed under the direction of a person who holds a current ISA (International Society of Arboriculture) Certified Arborist credential.
6. Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, American National Standards Institute (ANSI) criteria and the standards and requirements described herein in providing tree trimming services.
7. Contractor is responsible to ensure that all portable engines over 49 hp used in the conduct of the proposed work, are appropriately permitted by the Monterey County Air Resources District or registered under the California Air Resources Board’s (CARB) Statewide Portable Equipment Registration Program (PERP).
8. Contractor shall complete all work to the satisfaction of and under the supervision of the Public Works Director or designated representative.
9. Contractor shall provide service that ensures the safety of employees and the public while minimizing inconvenience to the public and disruption of traffic while working in the City.
10. Contractor shall endeavor to maintain good public relations at its worksites and shall conduct its work in a manner which will cause the least possible interference with, or annoyance to, the public.
11. Contractor should stop work on any specific tree where an active nesting bird site is encountered. Contractor will contact the City for further direction regarding any further work on the tree in question.
497
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and ______________--Exhibit APage 2 of 4
12. Contractor shall meet the work schedule dates listed in the document below.
13. Upon completion of each tree trimming work phase, a walk-through with the Public Works Director or designee and other City representatives will be conducted.
TRAFFIC CONTROL
At no time shall the Contractor commence or carry on with work that presents a hazard to pedestrians or vehicular traffic. Prior to the commencement of, and for the duration of, any work in any area, Contractor shall be responsible for traffic control and safety regulations as related to any city, state or county requirements while working on streets, highways, medians and/or roadside strips.
The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal 12 Highway Administrative guidelines. All traffic control operations are the responsibility of the Contractor and intended to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook.
Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. Contractor shall be responsible for the placement of "Sidewalk Closed" signage at the perimeter of any sidewalk or pathway that leads pedestrian traffic into the work zone.
Any operation that results in a blockage of, or produces debris which could enter into, vehicular traffic zones will require the use of a flag person equipped with, and using, a SLOW/STOP traffic paddle. Work in two-way traffic zones will require the use of two (2) flag persons. The placement of a traffic paddle into a safety cone shall not be considered a substitute for the required flag person(s). Where Contractor's work is in progress, each street shall remain open to local traffic at all times unless prior arrangements have been made and approved by the City of Public Works Director or designated representative.
SITE CLEANUP
Contractor shall remove branches, limbs, logs, or any other debris resulting from any tree operations and clean the work site and all areas associated with the work site promptly upon completion of each task. Contractor shall endeavor to prevent spillage on streets over which work, or hauling is done, and any such spillage or debris deposited on street due to Contractor operations shall be immediately cleaned up.
During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. Rights of way shall not be used to stage unattended debris generated during regular work hours. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, 498
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and ______________--Exhibit APage 3 of 4 branches will be removed at the Contractors expense. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain.
PROPERTY DAMAGE
Should any structure or property be damaged during tree operations, Contractor shall immediately notify CITY and owners or authorities. Repairs to property damaged by Contractor shall be made within forty-eight (48) hours. In the event of damage to utility lines, Contractor shall report the damages to utility and make arrangements for the utility to make repairs. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by CITY. The CITY will mark and flag irrigation heads and valve boxes in City Park in advance of any work, however the Contractor shall inspect the area in advance to limit damage to the irrigation system at this facility. Any damage caused by Contractor shall be repaired or restored at Contractor’s expense to a condition similar or equal to that existing before such damage, or Contractor shall repair such damage in a manner acceptable to the Public Works Director or Manager.
TREE TRIMMING WORK
The trees are to be pruned in a manner to remove obstructions from pedestrians and vehicles, to remove potential hazards and to reshape where necessary. This street tree trimming will include but not be limited to; removal of “snags”, suckers, broken branches, dead and dying limbs, removal of any limbs and branches that show signs of potential failure; removal of limbs with excessive tip weight, “skirting up” to remove overhead obstructions for pedestrian and vehicle traffic as well as general “shaping” to properly balance the trees. All suckers at the base of the trees are to be removed. All leaves and small branches will be removed from the lower crotch and branch structure of the trees, particularly where blocking visibility of signs. All street tree trimming work should be completed in a manner to improve the condition of the tree and to promote extended lifespan. No more than 25% of the tree canopy may be removed from any tree. Prior to any tree removal or replacement, the Contractor will provide a cost and obtain approval by the Public Works Manager.
PREVAILING WAGES
Each worker performing work under this Contract that is covered under Labor Code §§ 1720, 1720.3, or 1720.9, will be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Pursuant to Labor Code § 1775, Contractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. Contractor must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR. Contractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime 499
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and ______________--Exhibit APage 4 of 4 hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and 2) Contractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
Upon notice of noncompliance with Labor Code § 1776, Contractor has ten days in which to comply with the requirements of this section. If Contractor fails to do so within the ten-day period, Contractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
500
Exhibit A
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. --Exhibit B Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
Quantity Unit Description Unit Cost Total
640 EA Street Tree Trimming $240.00 $153,600
TBD* EA Tree Removal/Replacement TBD $ 11,400
Total: $165,000
Note: It is difficult to determine exact cost of tree removal/replacement. Therefore, Contractor will provide a cost estimate to the Public Works Manager for approval before proceeding. Total costs for these services shall not exceed $11,400.
501
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. --Exhibit B Page 1 of 3
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of 502
Consulting Services Agreement between [EFFECTIVE DATE]
City of Soledad and Tope’s Tree Service, Inc. --Exhibit B Page 2 of 3 prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the 503
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City of Soledad and Tope’s Tree Service, Inc. --Exhibit B Page 3 of 3 Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 504
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Item No. 9 (C)
REPORT TO THE CITY COUNCIL
DATE: JULY 9, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OCTAVIO HURTADO, PUBLIC WORKS DIRECTOR / CITY
ENGINEER
RE: CONSIDERATION OF AWARD OF CONTRACT FOR ANNUAL
TREE TRIMMING SERVICES
RECOMMENDATION:
It is recommended City Council award a contract services agreement for two years of annual tree trimming services to Tope’s Tree Service, Inc. in the amount $144,000.
BACKGROUND:
The City maintains approximately 2,100 trees, a majority of which are trees planted in the public right of way. City-maintained trees require periodic risk reduction pruning and standard tree trimming maintenance to minimize tree limb failures that may cause damage or injury. City staff has previously completed some level of tree trimming work however, due to a limited size of the City’s Public Works Department maintenance crew and the increasing maintenance needs at other facilities has necessitated the reliance on private tree trimming firms.
In Fiscal Year 2021/2022, the City Council allocated $90,000 for contract services for tree trimming services. In the past two budget years, approximately 300 City-maintained Street trees per year were trimmed by private tree trimming contractors. In FY 2022/23, tree trimming in the southwest (SW) quadrant of the City was completed and in 2023/24 tree trimming in the northwest (NW) quadrant of the City was completed. The goal is to complete trimming of all City street trees on a four-year cycle with a quadrant of the city completed each year. 507
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Exhibit 1
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Exhibit 2
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01222.0006/459106.1
AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF KING AND
TOPE’S TREE SERVICE, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this 9
th day of July, 2024 (“Effective Date”) by and between the City of King, a California municipal corporation (“City”) and Tope’s Tree Service, Inc., (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.
RECITALS
A. City has sought, by issuance of a Formal of Bid Request for Quotation, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of King Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this EXHIBIT 3
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Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 [Reserved]
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. 513
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Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay the subcontractor’s workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 514
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1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officials, officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes 515
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of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or a total compensation amount up to $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the unit prices set forth in the Bid Schedule in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such 516
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detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
1.10 Trenching and Excavation.
In accordance with Public Contract Code Section 7104, whenever the digging of trenches or other excavations extend deeper than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those indicated; or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract.
The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705. 517
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one hundred, twenty thousand dollars and zero cents ($120,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10 or Exhibit “C”.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified unit prices per measured quantities, tasks or the percentage of completion of the services less the contract retention;, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid, subject to the Schedule of Compensation (Exhibit “C”), within thirty (30) 518
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days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Notwithstanding, if the work is being funded by grant or other funding administered by a third party outside the control of the City, such as the County of Monterey, Contractor acknowledges and agrees this may increase processing time for payment, and no payment of interest shall accrue if the City has used reasonable efforts to cause the Contractor to be paid within thirty (30) days.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination 519
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shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express 520
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written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager orsuch person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall 521
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obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. For Commercial General Liability (CGL) coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
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5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officials, officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing at least ten (10) days prior written notice to City, or at least ten (10) days prior written notice to City in the case of cancellation for nonpayment. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
“CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, AT LEAST TEN (10) DAYS
ADVANCED WRITTEN NOTICE OF CANCELLATION SHALL BE
DELIVERED TO CITY AT (EXCEPT CANCELLATION DUE TO
NONPAYMENT SHALL REQUIRE TEN (10) DAYS ADVANCED WRITTEN NOTICE).”
Contractor’s Authorized Initials _______
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers.
Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 523
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Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
In the event of a conflict, the terms of Section 5.1 and 5.2 shall have precedence and prevail over any form of Certificate of Insurance, or any Insurance Endorsement, included in the Contract Documents.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees, volunteers and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the Indemnified Parties for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Indemnified Parties harmless therefrom; (c) In the event any Indemnified Party is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of 524
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or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Indemnified Party any and all costs and expenses incurred by the Indemnified Party in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or Finance Director of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.
5.6 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor unless otherwise required by Section 22300. 525
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Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor unless otherwise required by Section 22300. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference.
5.7 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b) the work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract 526
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Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City 527
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shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Monterey, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Santa Clara, State of California.
7.2 Disputes and Claims.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Public Contract Code Sec. 9204 Claims Procedure (AB 626). AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for the filing of claims by a contractor, or by a contractor on behalf of a subcontractor, on any public works project effective January 1, 528
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2017. The parties shall comply with the provisions of Public Resources Code Section 9204, which are fully set forth in Exhibit “E.”
(c) Dispute Resolution. To the extent not superseded by Public Contract Code Section 9204, this Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
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7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of one hundred dollars ($ 100.00 ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such 530
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damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any 531
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corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Additionally, Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act (“IRCA”). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. Further, should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement in violation of the law, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of King, 212 South Vanderhurst Avenue, King City, CA 93930 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.
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9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or 533
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employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 Authority to Act on Behalf of Entity.
The person(s) executing this Agreement on behalf of any entity that is a Party hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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01222.0006/459106.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF KING, a municipal corporation
____________________________________
Steven Adams, City Manager
ATTEST:
Erica Sonne, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy Santos, City Attorney
CONTRACTOR:
____________________________________
*By:________________________________
Name:
Title:
*By:________________________________
Name:
Title:
Address:
*CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE EVIDENCE OF AUTHORITY TO EXECUTE DOCUMENTS FOR ANY ENTITY CONTRACTOR MUST BE PROVIDED. 535
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EXHIBIT “A”
SCOPE OF WORK
Article I. PROJECT DESCRIPTION AND SPECIFICATIONS
TREE TRIMMING SERVICES
GENERAL CONDITIONS AND SPECIFICATIONS
1. The responsible low-bid contractor, following award by the City of King City Council shall enter the City’s standard Contractor Agreement and provide all required insurance.
2. The responsible low-bid contractor will secure a City of King business license before staring any work.
3. The responsible low-bid contractor must be registered with the State of California Department of Industrial Regulations by the time of bid submittal.
4. The contractor shall be licensed in California with a Class D-49 Tree Service contractor’s license.
5. All work shall be completed under the direction of a person who holds a current ISA (International Society of Arboriculture) Certified Arborist credential.
6. Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, American National Standards Institute (ANSI) criteria and the standards and requirements described herein in providing tree trimming services.
7. Contractor is responsible to ensure that all portable engines over 49 hp used in the conduct of the proposed work, are appropriately permitted by the Monterey County Air Resources District, or registered under the California Air Resources Board’s (CARB) Statewide Portable Equipment Registration Program (PERP).
8. Contractor shall complete all work to the satisfaction of and under the supervision of the City of King Public Works Superintendent or designated representative.
9. Contractor shall provide service that ensures the safety of employees and the public while minimizing inconvenience to the public and disruption of traffic while working in the City.
10. Contractor shall endeavor to maintain good public relations at its worksites and shall conduct its work in a manner which will cause the least possible interference with, or annoyance to, the public.
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11. The Contractor should stop work on any specific tree where an active nesting bird site is encountered. The Contractor will contact the City for further direction regarding any further work on the tree in question.
12. Contractor shall meet the work schedule dates listed in the document below.
13. Upon completion of each tree trimming work phase, a walk-through with the Public Works Superintendent and other City representatives will be conducted.
TECHNICAL SPECIFICATIONS
I. TRAFFIC CONTROL
At no time shall the Contractor commence or carry on with work that presents a hazard to pedestrians or vehicular traffic. Prior to the commencement of, and for the duration of, any work in any area, Contractor shall be responsible for traffic control and safety regulations as related to any city, state or county requirements while working on streets, highways, medians and/or roadside strips.
The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal 12 Highway Administrative guidelines. All traffic control operations are the responsibility of the Contractor and intended to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook.
Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. Contractor shall be responsible for the placement of "Sidewalk Closed" signage at the perimeter of any sidewalk or pathway that leads pedestrian traffic into the work zone.
Any operation that results in a blockage of, or produces debris which could enter into, vehicular traffic zones will require the use of a flag person equipped with, and using, a SLOW/STOP traffic paddle. Work in two-way traffic zones will require the use of two (2) flag persons. The placement of a traffic paddle into a safety cone shall not be considered a substitute for the required flag person(s). Where Contractor's work is in progress, each street shall remain open to local traffic at all times unless prior arrangements have been made and approved by the City of King Public Works Superintendent or designated representative.
II. SITE CLEANUP
Contractor shall remove branches, limbs, logs, or any other debris resulting from any tree operations and clean the work site and all areas associated with the work site promptly upon completion of each task. Contractor shall endeavor to prevent spillage on streets over which work, or hauling is done, and any such spillage or debris deposited on street due to Contractor operations 537
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shall be immediately cleaned up. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated.
Rights of way shall not be used to stage unattended debris generated during regular work hours.
All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches will be removed at the Contractors expense. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain. The Contractor may dispose of the chips and other tree debris at the City of King Corporation Yard, located at 1001 Industrial Way, King City. Coordination with the Public Works Superintendent is required.
III. PROPERTY DAMAGE
Should any structure or property be damaged during tree operations, Contractor shall immediately notify CITY and owners or authorities. Repairs to property damaged by Contractor shall be made within forty-eight (48) hours. In the event of damage to utility lines, Contractor shall report the damages to utility and make arrangements for the utility to make repairs. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by CITY. The CITY will mark and flag irrigation heads and valve boxes in City Park in advance of any work, however the Contractor shall inspect the area in advance to limit damage to the irrigation system at this facility.
Any damage caused by Contractor shall be repaired or restored at Contractor’s expense to a condition similar or equal to that existing before such damage, or Contractor shall repair such damage in a manner acceptable to the Public Works Superintendent.
TREE TRIMMING WORK
PHASE I- 2024 STREET TREE TRIMMING- SOUTHEAST (SE) QUADRANT Description: Approximately three hundred (300) street trees located in public Right of Way throughout the Southwest quadrant of King City. The actual number of trees in the southwest quadrant may differ slightly from the number provided. The City for budgetary purpose, may increase or reduce the number of street trees to be trimmed in Phase I.
The trees are to be pruned in a manner to remove obstructions from pedestrians and vehicle, to remove potential hazards and to reshape where necessary. This street tree trimming will include but not be limited to; removal of “snags”, suckers, broken branches, dead and dying limbs, removal of any limbs and branches that show signs of potential failure; removal of limbs with excessive tip weight, “skirting up” to remove overhead obstructions for pedestrian and vehicle traffic as well as general “shaping” to properly balance the trees. All suckers at the base of the trees are to be removed. All leaves and small branches will be removed from the lower crotch and branch structure of the trees, particularly where blocking visibility of signs. All street tree trimming work should be completed in a manner to improve the condition of the tree and to promote extended 538
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lifespan. No tree removals will be permitted and no more than 25% of the tree canopy may be removed from any tree.
PHASE II- 2025 TREE TRIMMING - NORTHEAST (NE) QUADRANT
Description: Approximately three hundred (300) street trees located in public Right of Way throughout the Northwest quadrant of King City. The actual number of trees in the southeast quadrant may differ slightly from the number provided. Additionally, the City for budgetary purposes, may increase or reduce the number of trees to be trimmed in Phase III.
The trees are to be pruned in a manner to remove obstructions from pedestrians and vehicle, to remove potential hazards and to reshape where necessary. This street tree trimming will include but not be limited to; removal of “snags”, suckers, broken branches, dead and dying limbs, removal of any limbs and branches that show signs of potential failure; removal of limbs with excessive tip weight, “skirting up” to remove overhead obstructions for pedestrian and vehicle traffic as well as general “shaping” to properly balance the trees. All suckers at the base of the trees are to be removed. All leaves and small branches will be removed from the lower crotch and branch structure of the trees particularly where blocking visibility of signs. All street tree trimming work should be completed in a manner to improve the condition of the tree and to promote extended lifespan. No tree removals will be permitted and no more than 25% of the tree canopy may be removed from any tree.
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B-1
EXHIBIT “B”
[NOT APPLICABLE]
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates submitted as part of Contractor’s Proposal, as follows:.
QTY. UNIT DESCRIPTION UNIT COST TOTAL
300 EA 2024 Street Tree Trimming $240.00 $72,000.00
300 EA 2025 Street Tree Trimming $240.00* $72,000.00
TOTAL:
$144,000.00*
II. *- The Contract will be allowed to increase the per tree unit cost in Phase II in 2025, no more than the exact amount of the Annual Average cost of living increase (CPI) for 2024 published by the State of California, Division of Labor Statistics and Research for Urban Wage Earners and Clerical Workers for the San Francisco Oakland area. No additional per unit cost increases will be permitted.
III. The City will compensate Contractor for the work performed upon submission of a valid invoice pursuant to Section 2.4.
Payment Method for Phase I: Phase I work will be paid on per unit basis with each tree being considered a unit and listed as each (EA) on the quotation sheet. The unit cost for the average of all trees in the Southwest quadrant is to be indicated on the quotation sheet below. All trees will be charged at the same rate unless otherwise agreed upon by the Contractor and the City in advance.
Payment Method for Phase II: Phase II work will be paid on per unit basis with each tree being considered a unit and listed as each (EA) on the quotation sheet. The unit cost for the average of all trees in the Northeast quadrant is to be indicated on the quotation sheet below. All trees will be charged at the same rate. The Contract will be allowed to increase the per tree unit cost in Phase II in 2023, no more than the exact amount of the Annual Average cost of living increase (CPI) for 2022 published by the State of California, Division of Labor Statistics and Research for Urban Wage Earners and Clerical Workers for the San Francisco Oakland area. No additional per unit cost increases will be permitted. 541
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work timely in accordance with the following schedule:
TREE TRIMMING SCHEDULE OF WORK PHASES
Schedule for Phase I: Phase I work will begin on or after Monday August 5, 2024, and conclude before Thursday, October 31, 2024. All work is to be completed Monday through Friday, between the hours of 8:00am and conclude by 5:00pm. No weekend work will be allowed. Any schedule change must be approved in advance by City of King Public Works Superintendent.
Schedule for Phase II: Phase II work will begin on or after Monday July 7, 2025 and conclude before Friday, October 31, 2025. All work is to be completed Monday through Friday, between the hours of 8:00am and conclude by 5:00pm. No weekend work will be allowed. This phase of the project has great flexibility of scheduling.
Any schedule change must be approved in advance by City of King Public Works Superintendent.
Work shall only be performed between the hours of 8:00 a.m. and 7:00 p.m., on weekdays. Work shall not be performed on Saturdays, Sundays or legal holidays.
Exceptions to the above hours of work will be permitted only after obtaining written authorization from the City.
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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EXHIBIT “E”
PUBLIC CONTRACT CODE SEC. 9204
NEW PUBLIC WORKS CLAIMS
PROCEDURE
AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities. The text of this new legislation is set forth below:
Public Contract Code § 9204.
Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a 543
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charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the 544
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claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits 545
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of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
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Contractor’s Certificate Regarding Worker’s Compensation Description of Contract:
City of King
2024 & 2025 Tree Trimming Services
Labor Code Section 3700 Provides (in part):
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Dated: , 20___
(Contractor)
By____________________________________
______________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the City prior to performing any work under this contract. 547