EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM CITY OF SOLEDAD (“CONTRACTOR”)
ENCAMPMENT RESOLUTION FUNDING PROGRAM
DEVELOPMENT OF A 16-BED NON-CONGREGATE INTERIM HOUSING FACILITY A. FUNDING AMOUNT $1,955,000.00 ERF-3-R Funding
B. CONTRACT TERM January 7, 2025 to June 30, 2027
C. CONTACT INFORMATION
COUNTY Contract Manager: COUNTY of Monterey Administrative Office Sarah Federico, Management Analyst II
168 W. Alisal St, 3rd Floor Salinas, CA 93901
Phone: (831) 755-5341
[email protected]
COUNTY Contract Monitor: COUNTY of Monterey Administrative Office Dania Valdez, Management Analyst I
168 W. Alisal St, 3rd Floor Salinas, CA 93901
Phone: (831) 796-3049
[email protected]
CONTRACTOR Information: City of Soledad, City Manager’s Office Megan Hunter, City Manager
248 Main Street, Soledad, CA 93960
Phone: (831) 223-5043
[email protected]
Location of Interim Housing: Parcel APN Number: 022-291-010-000 990 Los Coches Road, Soledad, CA 93960
D. SUBAWARD INFORMATION
SUBAWARD: HCD Encampment Resolution Funding, round 3 (ERF-3-R) CONTRACTOR UEI Number: N/A
Date COUNTY Awarded Funding: April 18, 2024
CFDA Passthrough Information and Dollar Amount: N/A
Federal Award Identification Number (FAIN): N/A
Federal Award Description: N/A
Research and Development: No
Maximum Allowable Indirect Cost Rate: None
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EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM E. BACKGROUND
Since 2022, the COUNTY of Monterey (“COUNTY”) has partnered with the City of Soledad (“CONTRACTOR”) and the local Continuum of Care (“CoC”) agency, to address encampment concerns for the unsheltered individuals living at an encampment site located along the Salinas River, on unincorporated, public, and private lands adjacent to the City of Soledad.
CONTRACTOR, in partnership with the COUNTY, will utilize an Encampment Resolution Funding Program grant (“ERF-3-R”) to develop, build and provide property management for a 16- bed capacity temporary, non-congregate interim housing facility in Soledad and will perform oversight of the programmatic and fiscal components under the terms of the ERF-3-R grant requirements of the State Grant Agreement.1
The goal of the Soledad Interim Housing Facility is to provide low-barrier, temporary living facilities and access to comprehensive services in a housing-focused service model to the unsheltered individuals of the Soledad Salinas River encampments. The daily operations and services for program participants of the interim housing facility will be provided for by an experienced services provider through a separate agreement with the COUNTY.
F. DESCRIPTION OF SERVICES
CONTRACTOR shall provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:
F.1 CONTRACTOR shall in accordance with laws associated with the development and permitting of emergency shelters, manage, arrange, supervise, and coordinate the planning, design, entitlement, permitting, construction, completion and property management for a 16-bed capacity non-congregate Interim Housing Facility (“Interim Housing”) that will provide temporary living facilities to the occupants of an encampment site located along the Salinas River adjacent to Soledad, see Encampment Site Map (EXHIBIT B), until the program participants have transitioned to permanent or other transitional housing, no later than the grant expenditure deadline of June 30, 2027.
F.1.a CONTRACTOR and COUNTY agree the Interim Housing shall be constructed on real property owned by the City of Soledad located at 990 Los Coches Road, Soledad, CA 93960 (“Site”), see the Interim Housing property map (EXHIBIT C).
F.1.b CONTRACTOR and COUNTY agree CONTRACTOR shall be the owner and developer of the Interim Housing, upon execution of this Agreement.
F.1.c CONTRACTOR agrees to maintain insurance for the Site during and after development of the Interim Housing.
F.1.d CONTRACTOR shall execute a no-fee Interim Housing facility use agreement with the selected services provider contracted by the COUNTY to operate and provide services to the program participants temporarily living at the Interim Housing, upon notification of the Certificate of Occupancy issuance until June 30, 2027.
1 State Grant Agreement
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EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM F.1.e CONTRACTOR, upon the transition and exit of all program participants of the Interim Housing to other types of housing or permanent housing, may choose to repurpose, deconstruct and/or relocate the Interim Housing at CONTRACTOR’S sole discretion, time, and expense.
F.2 CONTRACTOR shall identify and contract with an experienced modular unit provider to design and develop manufactured parts to build a temporary, non-congregate and relocatable 16-bed Interim Housing that shall include restrooms, showers, a laundry unit, staff offices and restroom, an intake/security unit, and common areas for indoor/outdoor dining, a pet area, storage, breakroom, bike racks and a parking area, hereinafter referred to as “Interim Housing Project.”
F.2.a CONTRACTOR shall work with the identified modular unit provider to manage, arrange, supervise and coordinate the planning, design, entitlement, permitting, development, construction, and completion of the Interim Housing Project and COUNTY shall have input on any issues that may arise related to managing, arranging, supervising, and coordinating the planning, design, entitlement, permitting, development, construction, and completion of the Interim Housing Project for oversight purposes and to ensure the project is moving towards successful completion pursuant to the rules set forth in the State Grant Agreement.
F.2.b CONTRACTOR shall oversee the development, design and construction of the Interim Housing Project as herein described, in accordance with a mutually approved Construction Plan and all other permits and approvals granted by the Soledad’s Public Works and Planning Departments pertaining to the Interim Housing Project.
F.2.c CONTRACTOR shall require any subcontractor(s), employees and consultants hired 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 Site or the Interim Housing Project. All design and construction work on the Interim Housing 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.
F.2.d CONTRACTOR shall be responsible for obtaining the required permits for the construction of the Interim Housing Project, including but not limited to any required grading, utility connections, and Site improvements.
F.2.e CONTRACTOR shall be responsible for ensuring that all contracts related to the Interim Housing Project are prepared and executed in a form and with substantive provisions sufficient to meet all legal, regulatory, and project-specific requirements. CONTRACTOR shall provide copies of any and all executed contracts secured for services to be performed as described in this Agreement to the COUNTY upon request.
F.2.f CONTRACTOR shall own all Plans and Specifications and all other materials, prepared in connection with the Interim Housing Project. Upon completion or any termination of this Agreement, the CONTRACTOR shall retain sole custody of all such materials and CONTRACTOR shall provide the COUNTY with any and all copies of such materials upon request by COUNTY within thirty (30) days.
F.3 CONTRACTOR shall be responsible for the Interim Housing’s utilities, property maintenance and onsite security management as follows:
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EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM F.3.a CONTRACTOR shall provide Site utilities and property maintenance, which may include basic facilities and gardening maintenance as needed to maintain the Interim Housing Site during the time it is in use under this Agreement. Property maintenance services may be staff or contracted to outside vendors.
F.3.b CONTRACTOR shall provide nightly on-site security at the Interim Housing from 10:00 pm to 6:00 a.m., seven (7) days a week including weekends and holidays. Security may be provided by CONTRACTOR’s staff or contracted to outside vendors.
F.3.c CONTRACTOR shall provide the Interim Housing with onsite and/or on-call support coverage for scheduling gaps as needed, in coordination with the Soledad Police Department and the Interim Housing’s services provider.
F.4 CONTRACTOR, its employees, agents, third party consultants, general contracts, and any subcontractor(s) hired under this Agreement shall abide by confidentiality and nondiscrimination provisions in accordance with Sections II and III of EXHIBIT D and by including the following language in the subcontract agreements:
F.4.a During the performance of this Agreement, CONTRACTOR and all subcontractors 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 the California Government Code section 12940(a), either in CONTRACTOR and/or subcontractors’ employment practices.
F.4.b CONTRACTOR and all subcontractors shall comply with all federal, state, and local laws and regulations which prohibit discrimination.
F.4.c CONTRACTOR and subcontractors shall ensure for the purpose of ERF-3-R evaluation to allow the State, and COUNTY and its officers, employees, agents, consultants, and contractors (“Parties”) shall have the right to enter the Soledad Interim Housing during normal business hours to conduct work, inspections, investigations, in accordance with this Agreement.
F.5 CONTRACTOR shall ensure all Interim Housing Project activities with any subcontractors including the modular unit provider, third party consultants, licensed general contractors, timelines, construction plans, operation schedules, shall be reported to the COUNTY Contract Manager as identified in Section C in regularly scheduled weekly project status meetings and documented in the quarterly project activities report.
G. ERF-3-R FINANCIAL OVERSIGHT AND ACCOUNTING
G.1 CONTRACTOR shall ensure all development, program operations and objectives advance ERF-3-R’s objective and fall under the ERF-3-R eligible use category for Interim Sheltering, with costs limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.
G.1.a Restoration of the riverbed encampment site is not a permitted eligible use for ERF3-R funds.
G.2 CONTRACTOR shall collect data on all eligible expenditures including subcontractor(s) invoices in such a manner that all expenses are classified as Interim Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 263
EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM Sheltering, utilizing the template approved by the COUNTY Contract Manager, EXHIBIT E.
G.3 All proceeds from any interest-bearing account established by the CONTRACTOR or subcontractors for the deposit of ERF-3-R funds, along with any interest-bearing accounts must be used for eligible activities and reported on as required by the State and reported to the COUNTY in quarterly reporting defined in Section I of this Agreement.
G.4 CONTRACTOR and subcontractor(s) shall collaborate with COUNTY Contract Manager to prepare and submit all budget modifications to the State for review and ultimate approval.
G.5 CONTRACTOR shall execute all subcontractor agreements by June 30, 2025, and expend all funds by the expenditure deadline of June 30, 2027.
G.6 ERF-3-R shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health Safety Code Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, State guidance or directives, the Notice of Funding Availability under which the COUNTY (Grantee) applied, representations contained in the COUNTY’s application, and the Purpose of the ERF-3-R Program.
G.7 CONTRACTOR nor their subcontractors and/or agents shall directly or indirectly use ERF3-R awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF-3-R funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
G.8 CONTRACTOR shall not use ERF-3-R to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.
G.9 CONTRACTOR acknowledges that this Agreement is valid and enforceable only if sufficient funds are made available from State to the COUNTY for the administration of the services under this Agreement.
G.10 In the event ERF-3-R funding is terminated or reduced, or the CONTRACTOR breaches any of the duties under this Agreement, CONTRACTOR agrees to cooperate with COUNTY to return any unused funds within thirty (30) days of written notice from the COUNTY.
H. MONITOR EXPENDITURES AND SERVICE PERFORMANCE
H.1 CONTRACTOR shall inform the COUNTY Contract Manager of the failure to perform any component of this executed agreement and any executed SUBCONTRACTOR agreement, in accordance with the performance standards and compliance provisions defined in this Section and Section I. of EXHIBIT D.
H.1.a. CONTRACTOR may perform its duties and obligations hereunder with its own employees and/or by engaging consultants, contractors, and subcontractors and in accordance with the provisions outlined in Additional Provisions H.1.b.CONTRACTOR shall be responsible for hiring, supervising, training, and terminating all of its employees and staff members performing any of the Services relating to the Interim Housing Project. The persons designated by CONTRACTOR as its representatives ("Representatives") shall represent Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 264
EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM CONTRACTOR as its agents and all written communications given to or by those Representatives shall be as if given to or by CONTRACTOR.
H.1.c. CONTRACTOR and its employees, agents, third party consultants, subcontractors, and general contracts shall at all times perform CONTRACTORS’ obligations hereunder in a good and workmanlike manner. Any employee, agent, third party consultant, subcontractor or general contract performing work for the Interim Housing Project who, in the reasonable opinion of the COUNTY and in accordance with Section IV. EXHIBIT D 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 work on the Interim Housing Project.
H.1.d.CONTRACTOR 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, other employer-employee related laws, including the California Labor Code, and the provisions listed in non-discrimination program requirements set forth in Section III. of EXHIBIT D, as applicable to CONTRACTOR’S employees, agents, third party consultants, subcontractors’ and general contractors H.2 CONTRACTOR shall participate in annual contract monitoring conducted by COUNTY staff to review fiscal integrity, customer service, business management, and service delivery and may include an on-site visit. Completion of this measure shall be documented through issuance of a contract monitoring report provided by COUNTY Contract Monitor listed in Section C.
I. REPORTING
I.1 CONTRACTOR shall provide Interim Housing Project updates at regularly scheduled project status meetings to the COUNTY to ensure regular communication and oversight of the Interim Housing Project progress until the project is complete or June 30, 2027, whichever occurs first. If CONTRACTOR is unable to attend a regularly scheduled meeting, CONTRACTOR shall provide notification and status report via email to the COUNTY Contract Manager listed in Section C.
I.2 CONTRACTOR shall submit quarterly reports on ERF-3-R expenditures with invoices and project activities addressing performance of activities as outlined in Section F. Description of Services and expenditures as outlined in the budget (EXHIBIT F) for the prior quarterly reporting period, to the COUNTY Contract Manager per the schedule below and using the Expenditure and Activity Report Template provided in EXHIBIT E.
I.3 Quarterly Expenditure and Activity Reporting Schedule:
Due Date Reporting Period
Beginning date
Reporting Period
End Date
January 10, 2025 October 1 2024 December 31, 2024
April 10, 2025 January 1, 2025 March 31, 2025
July 10, 2025 April 1, 2025 June 30, 2025
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EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM October 10, 2025 July 1, 2025 September 30, 2025
January 10, 2026 October 1, 2025 September 30, 2025
April 10, 2026 January 1, 2026 March 31, 2026
July 10, 2026 April 1, 2026 June 30, 2026
October 10, 2026 July 1, 2026 September 30, 2026
January 10, 2027 October 1, 2026 December 31, 2026
April 10, 2027 January 1, 2027 March 31, 2027
July 10, 2027 April 1, 2027 June 30, 2027
October 31, 2027 October 1, 2024 June 30, 2027
I.4 CONTRACTOR shall submit contract monitoring report defined in Section H.2 to the COUNTY Contract Manager Monitor no later than July 10, 2025, July 10, 2026, and July 10, 2027, respectively.
J. PAYMENT PROVISIONS AND EXPENDITURE REPORTING INSTRUCTIONS J.1 The maximum amount payable by COUNTY to CONTRACTOR under the terms of this Agreement shall not exceed one million nine hundred fifty-five thousand dollars and zero cents ($1,955,000.00) as set forth in the budget (EXHIBIT F).
J.2 A pre-payment of one million nine hundred fifty-five thousand dollars and zero cents ($1,955,000.00) shall be paid to the CONTRACTOR upon execution of this Agreement.
This pre-payment will have a certified invoice, which will be approved by the COUNTY Homelessness Strategy and Initiatives Division, and is agreed upon now, in this Agreement, for all expenditure amounts claimed shall be offset against the pre-payment until all funds are exhausted or the term of the agreement has ended, whichever occurs first.
J.3 CONTRACTOR shall submit original signed quarterly expenditure reports per the schedule as defined in Section I.3, reflecting expenditures for the reporting period and a reduction against the advanced amount to the COUNTY setting forth amounts expended with an itemized basis for the amounts claimed and such other information pertinent to the expense on the form set forth in EXHIBIT E. The COUNTY Contract Manager shall certify the expenditures for the claimed amounts or in such other amount as the COUNTY approves in conformity with this Agreement within (10) business days of receiving the report.
J.3.a Allowable claims shall be the CONTRACTOR’s actual costs of developing, supervising, and delivering services defined in Sections F, G.1 and G.2 under this Agreement. Only activities related to the expense categories listed in EXHIBIT F as contract expenses may be claimed as allowable claims.
J.3.b Any request to change eligible use of funds defined in Section G.1 must be made in writing to the COUNTY Contract Manager listed in Section C.
J.3.c If at any time during the term of this Agreement it is determined there will be unspent ERF-3-R funds, CONTRACTOR agrees to cooperate with COUNTY to Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 266
EXHIBIT A
SCOPE OF SERVICES/PAYMENT PROVISIONS
EXHIBIT A: SCOPE OF WORK/PAYMENT PROVISIONS CAOHSI/ ERFG2SOLED PROGRAM return any unused funds within thirty (30) days of written notice from the COUNTY.
J.3.d All ERF-3-R funds must be expended by CONTRACTOR by June 30, 2027.
J.3.e The final quarterly expenditure report will be due no later than July 10, 2027, and final work product report due by October 31, 2027.
K. INDEMNIFICATION AND INSURANCE
K.1 CONTRACTOR shall indemnify and make whole the COUNTY should any funds be stolen, used in fraudulent activities, or not used for the purposes set forth in this Agreement.
K.2 CONTRACTOR shall ensure that any subcontractor agreements for design professionals includes the indemnification provisions as set out in Section 8.0-8.03 of this Agreement to indemnify, defend and hold harmless County, its governing board, directors, officers, employees, and agents.
K.3 CONTRACTOR shall ensure that the subcontractor obtains and maintains commercial general liability insurance coverage, worker’s compensation, auto and professional liability insurance for any services performed. Subcontractor shall meet the same insurance requirements as set out in Section 9.0 of this Agreement. The subcontractor shall be required to name County of Monterey, its officers, officials, employees, and volunteers as additional insured.
(End of EXHIBIT A)
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Riverbed
Underpass
Billboard
375 Nestles Rd
Leonard and Company Inc
Bassetti Properties Limited Partnership
Bassetti Properties Limited Partnership
Panziera Ronald J & Lori TRS
Cling Michael D TR
C/O David L Gill
AG Fields Owned by
Gill David L & Susan M TRS
101
Ne
s
tles Rd
Salinas River
101
City Limits and Nearby Properties
Maxar, Microsoft, Esri Community Maps Contributors, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, 1/30/2023
0 0.02 0.04 0.08 mi
0 0.04 0.07 0.14 km
1:3,220
CITY OF SOLEDAD
PLANNING DIVISION
EXHIBIT B
Encampment Areas Along River and
Underpass (outside City Boundaries)
Encampment Areas Along
River and Underpass
(outside City Boundaries) Lat: 36.412006 Long: -121.31901 Lat: 36.410732 Long: -121.321403 Lat: 36.41049 Long: -121.31775 LEGEND Key Areas Parcels/Properties City Limits Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 268
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
➤
EXHIBIT C
PROPERTY SITE
MAP
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EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 1 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
I. PERFORMANCE STANDARDS & COMPLIANCE
1.01 Outcome objectives and performance standards: CONTRACTOR shall for the entire term of this Agreement provide the service outcomes set forth in Exhibit A. CONTRACTOR shall meet the contracted level of service and the specified performance standards described in Exhibit A, unless prevented from doing so by circumstances beyond CONTRACTOR's control, including but not limited to, natural disasters, fire, theft, and shortages of necessary supplies or materials due to labor disputes.
1.02 County monitoring of services: COUNTY shall monitor services provided under this Agreement in order to evaluate the effectiveness and quality of services provided.
1.03 Notice of defective performance: COUNTY shall notify CONTRACTOR in writing within thirty (30) days after discovering any defects in CONTRACTOR's performance.
CONTRACTOR shall promptly take action to correct the problem and to prevent its recurrence. Such corrective action shall be completed and a written report made to the COUNTY concerning such action not later than thirty (30) days after the date of the COUNTY's written notice to CONTRACTOR.
1.04 Termination for cause: Notwithstanding Section 7.02 of the Agreement, if the corrective actions required above are not completed and the report to the COUNTY not made within thirty (30) days, the COUNTY may terminate this Agreement by giving five (5) days' written notice to CONTRACTOR.
1.05 Training for Staff: CONTRACTOR shall insure that sufficient training is provided to its volunteer and paid staff to enable them to perform effectively on the project, and to increase their existing level of skills. Additionally, CONTRACTOR shall ensure that all staff completes Division 21 Civil Rights training.
1.06 Bi-lingual Services: CONTRACTOR shall ensure that qualified staff is available to accommodate non-English speaking, and limited English proficient, individuals.
1.07 Assurance of drug free-workplace: CONTRACTOR shall submit to the COUNTY evidence of compliance with the California Drug-Free Workplace Act of 1990, Government Code sections 8350 et seq., by doing the following:
Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying the actions that will be taken against employees for violations of the prohibition;
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EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 2 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
Establishing a drug-free awareness program to inform employees about all of the following:
1) the dangers of drug abuse in the workplace;
2) the organization’s policy of maintaining a drug-free workplace; 3) any available drug counseling, rehabilitation, and employee assistance programs; 4) the penalties that may be imposed upon employees for drug abuse violations; 5) requiring that each employee engaged in the performance of the contract or grant be given a copy of the company’s drug-free policy statement and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.
II. CONFIDENTIALITY
CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with Welfare and Institutions (W & I) Code Sec. 10850, 45 CFR Sec. 205.50, and all other applicable provisions of law which provide for the confidentiality of records and prohibit their being opened for examination for any purpose not directly connected with the administration of public social services. Whether or not covered by W&I Code Sec. 10850 or by 45 CFR Sec. 205.50, confidential medical or personnel records and the identities of clients and complainants shall not be disclosed unless there is proper consent to such disclosure or a court order requiring disclosure. Confidential information gained by CONTRACTOR from access to any such records, and from contact with its clients and complainants, shall be used by CONTRACTOR only in connection with its conduct of the program under this Agreement. The COUNTY, through the Director of Homelessness Strategy and Initiatives Division of the County Administrative Office (CAO-HSI), and his/her representatives, shall have access to such confidential information and records to the extent allowed by law, and such information and records in the hands of the COUNTY shall remain confidential and may be disclosed only as permitted by law.
III. NON-DISCRIMINATION
CONTRACTOR certifies that to the best of its ability and knowledge it will comply with the nondiscrimination program requirements set forth in this Section.
3.01 Discrimination Defined: The term “discrimination” as used in this contract, is the same term that is used in Monterey County Code, Chapter 2.80 “Procedures for Investigation and Resolution of Discrimination Complaints”; it means the illegal denial of equal employment opportunity, harassment (including sexual harassment and violent harassment), disparate treatment, favoritism, subjection to unfair or unequal working conditions, and/or other discriminatory practice by any Monterey County official, employee or agent, due to an individual’s race, color, ethnic group, national origin, ancestry, religious creed, sex, sexual Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 271
EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 3 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
orientation, age, veteran’s status, cancer-related medical condition, physical handicap (including AIDS) or disability. The term also includes any act of retaliation.
3.02 Application of Monterey COUNTY Code Chapter 2.80: The provisions of Monterey COUNTY Code Chapter 2.80 apply to activities conducted pursuant to this Agreement.
Complaints of discrimination made by CONTRACTOR against the COUNTY, or by recipients of services against CONTRACTOR, may be pursued using the procedures established by Chapter 2.80. CONTRACTOR shall establish and follow its own written procedures for the prompt and fair resolution of discrimination complaints made against CONTRACTOR by its own employees and agents and shall provide a copy of such procedures to COUNTY on demand by COUNTY.
3.03 Compliance with laws: During the performance of this Agreement, CONTRACTOR shall comply with all applicable federal, state and local laws and regulations which prohibit discrimination, including but not limited to the following:
• California Fair Employment and Housing Act, California Government Code Sec. 12900 et seq., see especially Section 12940 (c), (h), (1), (i), and (j); and the administrative regulations issued thereunder, 2 Calif. Code of Regulations Secs. 7285.0 et seq. (Division 4 - Fair Employment and Housing Commission); • California Government Code Secs. 11135 - 11139.5, as amended (Title 2, Div. 3, Part 1, Chap. 1, Art. 9.5) and any applicable administrative rules and regulations issued under these sections; including Title 22 California Code of Regulations 98000-98413.
• Federal Civil Rights Acts of 1964 and 1991 (see especially Title VI, 42 USC Secs. 2000d et seq.), as amended, and all administrative rules and regulations issued thereunder (see especially 45 CFR Part 80);
• The Rehabilitation Act of 1973, Secs. 503 and 504 (29 USC Sec. 793 and 794), as amended; all requirements imposed by the applicable HHS regulations (45 CFR Parts 80, 84 and 91); and all guidelines and interpretations issued pursuant thereto; • 7 Code of Federal Regulations (CFR), Part 15 and 28 CFR Part 42;
• Title II of the Americans with Disabilities Act of 1990 (P.L. 101-336), 42 U.S.C.
Secs. 12101 et seq. and 47 U.S.C. Secs. 225 and 611, and any federal regulations issued pursuant thereto (see 24 CFR Chapter 1; 28 CFR Parts 35 and 36; 29 CFR Parts 1602, 1627, and 1630; and 36 CFR Part 1191);
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EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 4 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
• Unruh Civil Rights Act, Calif. Civil Code Sec. 51 et seq., as amended; • Monterey COUNTY Code, Chap. 2.80.;
• Age Discrimination in Employment Act 1975, as amended (ADEA), 29 U.S.C.
Secs 621 et seq.;
• Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d);
• California Equal Pay Act, Labor Code Sec.1197.5.
• California Government Code Section 4450;
• The Dymally-Alatorre Bilingual Services Act; Calif. Government Code Sec. 7290 et seq.
• The Food Stamp Act of 1977, as amended and in particular Section 272.6. • California Code of Regulations, Title 24, Section 3105A(e) • Removal of Barriers to Inter-Ethnic Adoption Act of 1996, Section 1808
3.04 Written assurances: Upon request by COUNTY, CONTRACTOR will give any written assurances of compliance with the Civil Rights Acts of 1964 and 1991, the Rehabilitation Act of 1973 and/or the Americans with Disabilities Act of 1990, as may be required by the federal government in connection with this Agreement, pursuant to 45 CFR Sec. 80.4 or 45 CFR Sec. 84.5, and 91; 7 CFR Part 15; and 28 CFR Part 35, or other applicable State or federal regulation.
3.05 Written non-discrimination policy: Contractor shall maintain a written statement of its non-discrimination policies which shall be consistent with the terms of this Agreement. Such statement shall be available to employees, recipients of services, and members of the public, upon request.
3.06 Grievance Information: CONTRACTOR shall advise applicants who are denied CONTRACTOR’s services, and recipients who do receive services, of their right to present grievances, and of their right to a State hearing concerning services received under this Agreement.
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EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 5 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
3.07 Notice to Labor Unions: CONTRACTOR shall give written notice of its obligations under paragraphs 4.01 - 4.08 to labor organizations with which it has a collective bargaining or other agreement.
3.08 Access to records by government agencies: CONTRACTOR shall permit access by COUNTY and by representatives of the State Department of Fair Employment and Housing, and any state agency providing funds for this Agreement, upon reasonable notice at any time during normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, facilities, and other sources of information as the inspecting party may deem appropriate to ascertain compliance with these non-discrimination provisions.
3.09 Binding on Subcontractors: The provisions of paragraphs 3.01 - 3.08 shall also apply to all of CONTRACTOR's subcontractors. CONTRACTOR shall include the nondiscrimination and compliance provisions of these paragraphs in all subcontracts to perform work or provide services under this Agreement.
IV. ADDITIONAL REQUIREMENTS
4.01 Covenant Against Contingent Fees: CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement. For breach or violation of this warranty, COUNTY shall have the right to terminate this Agreement without liability or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.
4.02 Debarment, Suspension and Fraud, and Abuse: CONTRACTOR certifies to the best of its knowledge and belief, that it and any subcontractors:
a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or State department or agency.
b) Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with commission of any of the offenses in 4.02(b).
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EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 6 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
d) Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default.
4.03 CONTRACTOR shall report immediately to COUNTY in writing, any incidents of alleged fraud and/or abuse by either CONTRACTOR or its subcontractors.
4.04 CONTRACTOR shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by COUNTY.
4.05 CONTRACTOR agrees to timely execute any and all amendments to this Agreement or other required documentation relating to the debarment/suspension status of any subcontractors.
V. CONTRACT ADMINISTRATORS
5.01 Contract Administrator – CONTRACTOR: CONTRACTOR hereby designates its CITY MANAGER OF SOLEDAD as its Contract Administrator for this Agreement. All matters concerning this Agreement which are within the responsibility of CONTRACTOR shall be under the direction of, or shall be submitted to, the CONTRACTOR's Contract Administrator. CONTRACTOR may, in its sole discretion, change its designation of the Contract Administrator, and shall promptly give written notice to COUNTY of any such change.
5.02 Contract Administrator – COUNTY: COUNTY hereby designates the DIRECTOR OF HOMELESSNESS STRATEGY AND INITIATIVES DIVISION (CAO-HSI) as its Contract Administrator for this Agreement. All matters concerning this Agreement which are within the responsibility of COUNTY shall be under the direction of, or shall be submitted to, the Director or such other COUNTY employee in the CAO-HSI as the Director may appoint.
COUNTY may, in its sole discretion, change its designation of the Contract Administrator, and shall promptly give written notice to CONTRACTOR of any such change.
VI. CONTRACT DEPENDENT ON GOVERNMENT FUNDING
COUNTY's payments to CONTRACTOR under this Agreement are funded by the State and/or Federal governments. If funds from State and/or Federal sources are not obtained and continued at a level sufficient to allow for COUNTY's purchase of the indicated quantity of services, then COUNTY may give written notice of this fact to CONTRACTOR, and the obligations of the parties under this Agreement shall terminate immediately, or on such date thereafter, as COUNTY may specify in its notice, unless in the meanwhile the parties enter into a written Amendment modifying this Agreement.
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EXHIBIT D
HOMELESSNESS STRATEGY AND INITIATIVES DIVISION
OF THE COUNTY ADMINISTRATIVE OFFICE
ADDITIONAL PROVISIONS
Exhibit D – Additional Provisions Page 7 of 7
CITY OF SOLEDAD INTERIM HOUSING FACILITY AGREEMENT
VII. APPEAL PROCESS
In the event of a dispute or grievance regarding the terms and conditions of this Agreement, both parties shall abide by the following procedures:
a) CONTRACTOR shall first discuss the problem informally with the designated CAO-HSI Contact/Program Analyst. If the problem is not resolved, CONTRACTOR must, within fifteen (15) working days of the failed attempt to resolve the dispute with Contact/Program Analyst, submit a written complaint, together with any evidence, to the CAO-HSI Director.
The complaint must include a description of the disputed issues, the legal authority/basis for each issue which supports CONTRACTOR’s position, and the remedy sought. The CAOHSI Director shall, within fifteen (15) working days after receipt of CONTRACTOR’s written complaint, make a determination on the dispute, and issue a written decision and reasons therefore. All written communication shall be pursuant to Section 14. NOTICES of this Agreement. Should CONTRACTOR disagree with the decision of the Director, CONTRACTOR may appeal the decision to the County Administrative Officer (CAO Officer).
b) CONTRACTOR’s appeal of the Director’s decision must be submitted to the CAO Officer within ten (10) working days from the date of the decision; be in writing, state the reasons why the decision is unacceptable, and include the original complaint, the decision that is the subject of appeal, and all supporting documents. Within twenty (20) working days from the date of CONTRACTOR’S appeal, the CAO Officer, or his/her designee, shall meet with CONTRACTOR to review the issues raised on appeal. The CAO Officer shall issue a final written decision within fifteen (15) working days of such meeting. c) CONTRACTOR may appeal the final decision of the CAO Officer in accordance with the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Subchapter 2.5 commencing with Section 251, or Subchapter 3 commencing with Section 300, whichever is applicable, of the California Code of Regulations).
d) CONTRACTOR shall continue to carry out the obligations under this Agreement during any dispute.
e) Costs incurred by CONTRACTOR for administrative/court review are not reimbursable by COUNTY.
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EXPENDITURE AND ACTIVITY REPORT TEMPLATE EXHIBIT E
Agency Name and Address: City of Soledad Remit to: [email protected] Agency Contract Administrator: Megan Hunter, City Manager cc: [email protected] Email Address: [email protected]
Direct Phone Number: 831-223-5043 Contract Term:
Contract Amount:
Initial Payment Balance: $1,955,000.00
Unencumbered: $ 1,955,000.00
Unexpended: $ 1,955,000.00 Reporting Period:
To Date Expenses: $ - Report Date:
Report Number:
Expenditure Table
Expense Type Eligible Use Category Encumbered Expended Services Provided By:
Modular Units Interim Sheltering AMEG
Total $ - $ -
I certify that this report is correct and complete to the best of my knowledge and that the costs are eligible pursuant to the terms of the contract.
Person Completing Report Title Authorizing Signature/Date County Contract Manager Approval
Budget Modification Request: Y*/N *attach proposed budget. $1,955,000.00
December 3, 2024 to June 30, 2027
Summary of Expenditure and Project Activities [Attach all subcontractor invoices and any other supporting documentation.] Include Interim Housing Progress
Notes/Status Updates
ERFG2SOLED: SOLEDAD ENCAMPMENT RESOLUTION FUNDING PROGRAM DEVELOPMENT OF INTERIM HOUSING FACILITY Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 277
EXHIBIT F
BUDGET
EXHIBIT F –BUDGET Page 1 of 1
January 7, 2025 to June 30, 2027
Agency Name:CITY OF SOLEDAD – ERF-3-R PROGRAM
Project Description: Development of a 16-bed non-congregate interim housing facility Expense Categories* Amount
Development and Construction $ 1,655,000.00
Property Maintenance & Security (24 months) $ 300,000.00 Total Project Budget $ 1,955,000.00
Budget Narrative
Expense Categories Line-Item narrative
Development and
Construction
Costs for the purchase of modular units, furniture, fixtures & equipment, site development, planning and design, permitting, entitlements, bonding, utility hookups, decking/grading/gravel to build a pet-friendly, non-congregate and relocatable interim housing facility that includes: 16 sleeping quarters, hygiene units, office units, a laundry unit, an intake/security unit, break room unit, outdoor common areas, area for pets, area for parking, bike racks and storage space for residents’ belongings.
Property
Management,
Maintenance &
Property Security
Costs for maintaining the Interim Housing Facility property management needs, including monthly utilities, basic maintenance, and repairs to units/appliances/plumbing, and for the provision of onsite security management from 10:00 p.m. to 6:00 a.m. 7-days a week, 365 days a year for up to 24 months.
*ERF-3-R
Eligible Use
Category
Eligible Use Description Total
Maximum
Allowable
Amount
Interim
Sheltering
Interim sheltering, limited to newly developed
clinically enhanced congregate shelters, new or
existing non-congregate shelters, and operations of
existing navigation centers and shelters based on
demonstrated need that are well suited for eligible
persons.
$ 1,955,000.00
Program Code: ERFG2SOLED
Program Name: Soledad Encampment Resolution Funding Program Docusign Envelope ID: FC9B98BE-4380-44CE-82EB-892FBE6D35C9 Docusign Envelope ID: 86BABAE5-174B-4F14-AEEA-AD8817309003 278
Encampment Resolution
Funding Round 3 (ERF-3)
Community and Economic
Development Department
February 19, 2025
279
Recommendation
Motion to approve Resolution 6199:
Authorizing the City Manager to Execute Amendment No. 1 to the County of Monterey Agreement for Professional Services for the Encampment Resolution Funding Program- Round 3 (ERF-3) to Increase Funding by $200,000 for a Total not to Exceed Amount of $2.155 Million and Amend the Budget Accordingly.
280
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 17, 2024
• The County is awarded $4.7 million
• The City will receive up to $2.5
million
Apr 18, 2024
• The County and the City execute
subrecipient agreements
Sep 13, 2024
Jan 7, 2025
281
Partnerships and Shared Responsibilities
City
• Interim Shelter
Construction
Management
• Hire a Homeless
Service
Coordinator
• Establish Motel
Voucher Program
County of Monterey
• Grant Management
• Subrecipient
Agreements
• Services Provider
Selection
Step-Up (Operator)
• Case Management
• Client Intake
• Housing Financial
Assistance
• Interim Shelter
Operations
• Outreach and
Referrals
282
Term of Funds and Allowable Activities
Staffing
& Admin Cost
Housing Units &
Construction Cost
Operator Rental Assistance Motel Vouchers
Term:
July 1, 2024 – June 30, 2027
Allowable Activities:
283
Interim Shelter Budget Overview
Item Eligible Use Description Original Budget Amended
Budget
Modular Units & Site
Development
Interim
Shelter
16 sleeping units, 2 offices, 1 laundry
unit, 2 hygiene facility units, 1 staff
bathroom, 1 kitchen prep (no stove),
includes site design, site
development, utility hookups.
$1,655,000 $1,730,000
Property
Maintenance and
Security Costs
Interim
Shelter
Property maintenance and Onsite
Security
$300,000 $250,000
Provisional
Encampment
Interim
Shelter
Interim Sheltering Supplies, may
include tents, sleeping bags, Soledad
PW costs for utilities, fence rental and
decking at interim sheltering
facility site.
$0 $168,331.60
284
Interim Shelter & Provisional Encampment Site 285
Financial Consideration
➢The proposed amendment will not affect the City's General Fund ➢The County is providing additional funds as part of their Soledad ERF-3 Interim Shelter project contingency
➢ The City Council will need to amend the budget to allow for the acceptance and expenditure of these funds in this fiscal year 286
Comments and
Questions
287
SUBJECT: Council Discussion on District Outreach, Resources, and Travel TO: Honorable Mayor Anna Velazquez and City Council
FROM: Megan Hunter, City Manager
MEETING DATE: February 19, 2025
CITY OF SOLEDAD
STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 6.
Recommendation
Over the last few meetings, the Council requested that staff place several items on the agenda for discussion, including ways to educate the public about districts, opportunities for specific district outreach, allocation of resources per district for educational materials or neighborhood-related activities, and Council travel and training and related budgeted expenditures. Therefore, it is recommended that the Council discuss these items and give more direction to Staff.
Executive Summary
On May 15, 2024, the Council adopted Ordinance No. 768, which establishes by-district elections consisting of four districts and provides for the election of a Mayor at large. The City Council aims to educate residents about the new districts and has proposed allocating resources for educational materials and neighborhood gatherings by district to enhance geographic representation and encourage greater resident engagement. Councilmember Banuelos requested that this topic be added to the agenda for further discussion.
In addition, several Councilmembers have requested authorization for travel to attend additional training opportunities; however, the funds for this year’s budget have already been exhausted.
Councilmember Ansaldo-Sanchez has asked for a discussion regarding budget allocation and a protocol to ensure equitable access to training, while also being mindful of the budget constraints. This topic also has been placed on the agenda for Council discussion and direction.
Background
On May 15, 2024, Ordinance No. 768 was passed establishing by-district elections and amending the Soledad Municipal Code to establish an election sequencing plan whereby the Mayor and two councilmembers would be up for election every two years. This would be accomplished by phasing the conversion to district elections over the course of two election cycles, starting in 2024 (Districts 3 and 4) and 2026 (Districts 1 and 2). In 2024, Councilmembers Banuelos and Caldera were elected by the district; however, Councilmembers Cabrera and Ansaldo-Sanchez continue to serve at large. 288
For many years, the Council has approved a budget allocation of $10,000 for travel and training, generally consistent with the personnel budget. However, this year, the travel and training budget has been fully utilized due to the need for additional training for three new Council members.
Review & Analysis
The Council has requested increased education for residents regarding districting and discussed the possibility of allocating resources per district. Suggestions have included providing a small budget for each district, creating district-specific events, or establishing a neighborhood clean-up event or town hall per district. However, a challenge arises because of the transition to districting, which will occur over two election cycles. Thus, after the November 2024 election, two Councilmembers are elected by district, and two Councilmembers continue to serve at-large. Consequently, as the Council is providing direction to staff on district-specific outreach, community engagement, and events, it is crucial to remember that two Councilmembers serve at large.
Training and travel to conferences are essential for ensuring that the City Council is well-informed and functions effectively. This is particularly important when Councilmembers are new to their roles. This year, we have three new Councilmembers who participated in the Councilmember Academy conducted by the League of California Cities in January 2025. Additionally, some Councilmembers may serve as regional representatives, which necessitates extra travel.
Historically, the City has allocated $10,000 for travel and training in the Council budget. However, this year marks the first time this budget line item has been fully exhausted, and as of January 31, 2025, it is actually in the red by nearly $1,000. While it is crucial to have a trained Council that is informed about new legislation, the City is projected to face increasingly tight budgets in the coming years. Therefore, it is recommended that the City Council provide direction to staff on how to offer equal access to training and travel, while also being financially responsible.
Financial Considerations
The financial impact is currently unknown as the City Council continues its discussions. However, the Council could provide guidance that could lead to increased expenditures. It is crucial that these expenditures are limited in scope and strategically planned, as future budgets are likely to be constrained.
Alternatives
This item is for discussion and direction. Any subsequent action would come back to the City Council for consideration.
Planning/CEQA
The discussion of these items does not constitute a “project” pursuant to Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines.
Public Notice Requirements
Not applicable.
289