Agenda packet — City Council and Concurrent Authorities, June 21, 2022 (part 1 of 2)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II (At Large) Mayor/Chair
Christina Fugazi (District 5) Vice Mayor/Vice Chair
Sol Jobrack (District 1)
Daniel R. Wright (District 2)
Paul Canepa (District 3)
Susan Lenz (District 4)
Kimberly Warmsley (District 6)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, June 21, 2022
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 22-0598

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Senior Animal Services Officer Jeremy
Crickenberger (Workers’ Compensation Appeals
Board Case No. ADJ11206247)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UVM-2019-12404)
This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code.

Department: City Attorney

3.2 22-0599 CONFERENCE WITH LABOR NEGOTIATOR

Page 1 ends

1 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

3.3 22-0600 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.4 22-0601 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.5 22-0602 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.6 22-0603 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(b).

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

Page 2 ends

2 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 22-0555

ACCEPT A GIFT OF A PUBLIC ART TO BE INSTALLED ON THE
TRAINING WALL OF FIRE DEPARTMENT STATION 3
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a motion approving the Stockton Arts Commission (SAC) recommendation to accept a gift of public art to be installed at Fire Department Station 3. It is also recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intention of this motion, including execution of the associated memorandum of understanding.

Department: Community Services
Attachment A - Fire Station 3 - Adopt our City MOU
Attachment B - Fire Station 3 Mural Design
Attachment C - SAC Mtg Minutes - 5-2-22 Firestation 3
Attachments:

12.2 22-0582 ADOPT A RESOLUTION AUTHORIZING THE CITY OF STOCKTON

AND VISIONARY HOME BUILDERS OF CA TO SUBMIT A REVISED

JOINT APPLICATION FOR GRANT FUNDING UNDER PROJECT

HOMEKEY FOR THE ACQUISITION, REHABILITATION, AND

MANAGEMENT OF THE FLORA PROJECT

Page 3 ends

3 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve and authorize the submission of a revised joint application, submitted by the City of Stockton, in collaboration with Visionary Home Builders of CA (Co-Applicant), to the California Department of Housing and Community Development (HCD), to apply for up to $5 million of Project Homekey grant funding for the acquisition, rehabilitation, and operation of the Flora domestic violence project for homeless individuals and families located in Stockton.

2. Approve and authorize Applicant and Co-Applicant to enter, if the application is approved, execute and deliver a Standard Agreement in a total amount not to exceed $5 million with the State; and a Grant Agreement with the City in an amount up to $2 million; and all other documents required or deemed necessary or appropriate to secure the Homekey funds from HCD and to participate in the Homekey Program plus all amendments thereto (collectively, the "Homekey Documents").

3. Acknowledge and agree that the City shall be subject to the terms and conditions specified in the HCD Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

4. Approve and authorize the City Manager, or designee, to allocate $2 million of the City's HHAP Round 2 funding for the required funding match to meet the Homekey program guidelines upon award from the State.

5. Approve and authorize the City Manager to execute the Application and all necessary Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

6. Approve and authorize revenue and expenditure budget appropriations in the amount of the award from the State and match from the City if grant funds from the State are awarded.

7. It is further recommended that the City Manager or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Economic Development
Proposed Resolution - Project HomekeyAttachments:

12.3 22-0585 ADOPT A RESOLUTION TO APPLY FOR, ACCEPT, AND

APPROPRIATE GRANT FUNDING FROM THE STATE OF

CALIFORNIA - HOMELESS COORDINATING AND FINANCING

COUNCIL (HCFC), BUSINESS, CONSUMER SERVICES AND

Page 4 ends

4 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

HOUSING AGENCY (BCSH) FOR ROUND THREE OF THE

HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP)

GRANT PROGRAM
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize staff to apply for, accept and appropriate Round 3 of the Homeless Housing, Assistance and Prevention Grant (HHAP 3) grant funds;

2. Approve the City of Stockton Homeless Action Plan;

3. Authorize the City Manager, or designee, to enter a Standard Agreement for HHAP 3 funds with all its exhibits or other necessary documents consistent with the resolution; and,

4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Economic Development
Attachment A - 2022-02-08-1203
Proposed Resolution - HHAP3
Exhibit 1 - Stockton Homeless Action Plan
Attachments:

12.4 22-0513

APPROVE MOTION TO INCREASE EXPENDITURE AUTHORITY

FOR RADIO COMMUNICATIONS SYSTEM FOR ONE ADDITIONAL

YEAR OF MAINTENANCE, REPAIRS AND SUPPORT OF THE

CURRENT PUBLIC SAFETY RADIO SYSTEM WITH DELTA
WIRELESS, INC.

Recommended Action:

RECOMMENDATION

It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to spend a total estimated amount of $607,301 beginning July 1, 2022 through June 30, 2023 for public safety radio and infrastructure maintenance fees, non-covered repairs, and support services to Delta Wireless for the City's radio communication system;

2. Approve findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process; and

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion.

Department: Information Technology

Page 5 ends

5 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - Delta Contract for Fire Adtran Maintenance Attachment B - Delta Contract for Radio Maintenance
Attachment C - Delta Contract Radio Maintenance Amend
Attachment D - Delta Wireless Certification Letter
Attachment E - Delta Wireless Quotes
Attachments:

12.5 22-0491 AWARD A CONSTRUCTION CONTRACT TO SORACCO INC. FOR

ON-CALL UTILITY REPAIR SERVICES FOR CITYWIDE

WASTEWATER COLLECTION SYSTEMS
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Awarding a three (3) year construction contract to Soracco, Inc. of Lodi, CA for On-Call Utility Repair Services, Project No. PUR 22-007, for citywide wastewater collection systems not to exceed $6,300,000.

2. Authorizing the City Manager the option to execute two (2) additional one (1) year contract extensions with an annual amount not-to-exceed $2,100,000.

It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract
Attachments:

12.6 22-0415 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 6 PROJECT

Page 6 ends

6 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Recommended Action:

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE8-22 under the California Environmental Quality Act for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

2. Approve the plans and specifications for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

3. Award a Construction Contract in the amount of $139,195 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.7 22-0614 RESOLUTION TO AUTHORIZE AN APPLICATION FOR A $24.2M ROUND 4 TRANSFORMATIVE CLIMATE COMMUNITIES

IMPLEMENTATION GRANT
Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve a resolution to:

1. Authorize the City Manager to apply for a Round 4 Transformative Climate Communities Implementation Grant in the amount of $24,165,510 and execute all related documents;

2. Approve the use of the McKinley Park Renovation project funds to satisfy the leveraging requirement of the grant.

It is also recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Department: City Manager
Attachment A - Project Area Map
Attachment B - Stockton Rising Report
Proposed Resolution
Attachments:

Page 7 ends

7 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

16. HEARINGS**

16.1 22-0577
PUBLIC HEARING TO ADOPT THE FISCAL YEAR 2022-23 ANNUAL
BUDGET; APPROVE THE 2022-2027 CAPITAL IMPROVEMENT
PLAN; APPROVE THE FY 2022-23 FEE SCHEDULE; APPROVE THE
FY 2022-23 CALIFORNIA CONSTITUTIONAL APPROPRIATIONS
LIMIT; ADOPT THE FY 2022-23 ANNUAL BUDGET FOR THE
PARKING AUTHORITY OF THE CITY OF STOCKTON; ADOPT THE
FY 2022-23 ANNUAL BUDGET FOR THE SUCCESSOR AGENCY TO

THE FORMER STOCKTON REDEVELOPMENT AGENCY
Recommended Action:

RECOMMENDATION
It is recommended that the City Council approve a resolution to:

1. Adopt the Fiscal Year (FY) 2022-23 Annual Budget, the 2022-2027 Capital Improvement Plan, and the FY 2022-23 Fee Schedule,

2. Adopt the FY 2022-23 California Constitutional (Gann) Appropriations Limit,

3. Approve other administrative and financial actions.

And it is recommended that the Parking Authority of the City of Stockton (Parking Authority) approve a resolution to:

1. Adopt the FY 2022-23 Annual Budget for the Parking Authority (Exhibit 1 to the Parking Authority resolution).

And it is recommended that the Successor Agency to the former Stockton Redevelopment Agency (Successor Agency) approve a resolution to:

1. Adopt the FY 2022-23 Annual Budget for the Successor Agency to the former Stockton Redevelopment Agency (Exhibit 1 to the Successor Agency resolution).

It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.

Department: Administrative Services

Page 8 ends

8 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Proposed Resolution City - FY 2022-23 Budget
Exhibit 1 - City Resolution Fee Schedule
Proposed Resolution Parking Authority - FY 2022-23 Budget Exhibit 1 - Parking Authority Proposed Budget
Proposed Resolution Successor Agency - FY 2022-23 Budget Exhibit 1 - Successor Agency Proposed Budget

16.1 - PPT - FY 2022-23 Annual Budget
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on June 15, 2022, in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________

Deputy

Page 9 ends

9 June 21, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened. If a large number of people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to three (3) minutes.
***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.

All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

Page 10 ends

10 City of Stockton
Legislation Text
File #: 22-0555, Version: 1

ACCEPT A GIFT OF A PUBLIC ART TO BE INSTALLED ON THE TRAINING WALL OF FIRE DEPARTMENT STATION 3

RECOMMENDATION
It is recommended that the City Council adopt a motion approving the Stockton Arts Commission (SAC) recommendation to accept a gift of public art to be installed at Fire Department Station 3. It is also recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intention of this motion, including execution of the associated memorandum of understanding.

Summary
The Stockton Fire Foundation (SFF) would like to donate a mural of Fire Station 3’s nickname and logo for the training tower located at 1116 East First Street. The project will be fully funded and maintained by the SFF through donations and pursuant to a Memorandum of Understanding which is included at Attachment A. The mural’s rendering, a copy of which is included at Attachment B, was created and will be painted by Stockton native Tommy Wonder. The Stockton Arts Commission reviewed the project and recommended it for City Council approval at its May 2, 2022, meeting in accordance with Stockton Municipal Code 2.94.070 (F), the minutes of which are included at Attachment C.

DISCUSSION
Background
Each of the 12 firehouses in the City of Stockton has a nickname and logo. Fire Station 3 is known as “The Snake Pit.” The nickname originated when the firehouse was built on a large empty lot and snakes were continuously being found in the backyard of the firehouse. Fire Station 3’s training tower was built by firefighters with repurposed parts from the old training tower at Fire Station 2, many years ago. This has given Station 3’s training tower additional sentimental value to firefighters.

It’s also a valuable visible location for those in the area - easily able to identify the firehouse for community members when used as a mural backdrop.

Fire Station 3’s previous snake mural was a source of great pride for firefighters and an identity for the community. Often referred to as, “the firehouse with the snake,” citizens in Company 3’s district knew exactly where the firehouse was located and recognized emergency personnel. Unfortunately, the snake was painted over in 2012 and, with it, a great deal of pride for the fire station and the neighborhood. To this day, firefighters are still asked by citizens about the snake, and they often express their sadness that it is gone.

City of Stockton Printed on 6/15/2022Page 1 of 2
powered by Legistar™
11 File #: 22-0555, Version: 1
The SFF was created in 2018 by dedicated citizens to demonstrate community appreciation for firefighters and foster awareness of their valuable services. The SFF is an independent 501(c)3 organization committed to supporting and partnering with Stockton firefighters, their programs and community activities. The SFF provides supplemental financial support for equipment, supplies, training, and technology, as well as community outreach and education.

Section 2.94.200 of the Stockton Municipal Code identifies reviewing offers of public art as one of the responsibilities of the Stockton Art Commission. The Commission is tasked with the responsibility to review all gifts of public art and make recommendations to City Council regarding potential art projects on City buildings and property. The City Council has sole authority to approve art on any City owned building or property.

Present Situation
Three artists were initially considered for this project via an online review process. It was important for firefighters to have a local artist, as a representative of the community, do the mural. Ultimately, fire personnel selected Tommy Wonder, an area native who specializes in large scale, outdoor murals. A graduate of Lincoln High School, Tommy Wonder has been working as an artist for over 20 years. His work can be seen in the greater Los Angeles area, New Mexico, and Joshua Tree.

The mural design is a modernized tribute to Station 3’s original snake mural. It was also important that the header of the mural include (1) the title of the fire station as a reference for the community, (2) the station’s nickname for pride in the Fire Department, and (3) the year the fire station was established and a reflection of over 65 years serving South Stockton residents.

On May 2, 2022, the Fire Department, in coordination with Community Services, presented the Fire Station 3 Mural Project to the Stockton Arts Commission. The Commission adopted a recommendation to the City Council to approve the mural design by local artist Tommy Wonder.

FINANCIAL SUMMARY
The Station 3 mural project will be fully funded through donations made to the Stockton Fire Foundation. There is no direct financial impact to the City.

Attachment A - Adopt-a-City MOU and Waiver, Release and Assumption of Risk Agreement Attachment B - Station 3 mural design
Attachment C - SAC Meeting Minutes with SAC Approval of Fire Station 3 Mural Design City of Stockton Printed on 6/15/2022Page 2 of 2
powered by Legistar™
12 ATTACHMENT A
13 Ill. Supervisory Personnel
INDIVIDUAL, or ORGANIZATION, shall provide the Public Works Department with the name of a responsible individual. This person shall be responsible for being present on the litter pickup days or for appointing substitute supervision. The supervisory person shall be affiliated with ORGAl'.'JIZATION and be a responsible adult over the age of 21.

IV. Indemnification
V.

The CITY shall not be liable at any time for loss, damages, or injury to the person or property of any person at any time, occasioned by or arising out of any act or omission of INDIVIDUAUORGANIZA TION, except that caused by the sole negligent act or omission of the CITY.

INDIVIDUAUORGANIZATION shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, demands, loss, or liability of any kind or nature which.CITY, its officers, agents, and employees may sustain or incur or which may be imposed upon. them or any of them for injury to, or death of, persons, or damage to property arising out of or in any manner connected with the negligence or lack of care of INDIVIDUAUORGANIZATION, its officers, agents, employees, or members through participation in the Adopt-Our-City Program. INDIVIDUAUORGANIZATION's staff and volunteers are not eligible to receive and are not covered by Worker's Compensation from the CITY through their participation in the Adopt-Our-City Program.

Non-Performance of Services
Failure to perform the obligations as set forth in this M.0.U. in a satisfactory manner may result in the INDIVIDUAUORGANIZATION not being allowed to participate in future Adopt-Our-City Programs.

VI. Cancellation
This M.O.U. will remain in effect as stipulated above or unless terminated by either party by giving thirty (30) days written notice to either party to so terminate. �� hr;eJ;tJJAcfocl1on,
Na e ofl,Mdual or Organ! atlon �
-·
Address/Zip
APPROVED BY:

Department Director
Distribute copies to: lndividuaVOrganization
Please return completed forms to:

Adopt-Our-City Program
1465 So. Lincoln Street
Stockton, CA 95206
tative
Department Files
Date
Phone No.

Date
400 E Main St. , 4th floor FIRE Stockton, CA 95202 209-937-8657

ATTACHMENT A
14 Station 3 Mural Design
Attachment B
15 ATTACHMENT C
1 Mi
nutes
Stockton Arts Commission Meeting
May 2, 2022, 5:30 p.m.

Council Chamber, City Hall
425 N. El Dorado Street, Stockton, CA 95202

1. CAL
L TO ORDER / ROLL CALL AT 5:30 p.m.

Present: Evai Dellafosse, Maximilian Cao, Justin Grant and Anuit AlBahar

Absent: Desiree Orque and Lourdes Jaurigue-King

2. CITIZEN COMMENTS, PRESENTATIONS, ANNOUNCEMENTS, OR INVITATIONS Presentations:
 Stockton Fire Department Public Art Presentation

3. AP

PROVAL OF MINUTES

3.01 Approve the minutes from the SAC Regular Meeting on March 7, 2022 Moved by: Justin Grant, seconded by: Maximilian Cao
Vote: Motion passed. Yes - 4, No - 0, and Absent - 2
Yes: Evai Dellafosse, Max Cao, Justin Grant and Anuit AlBahar

Absent: Desiree Orque and Lourdes Jaurigue-King

4. IT

EM FOR REVIEW / DISCUSSION / UPDATES

4.01 Review and Discuss Grants Scoring Rubrics
The Commissioners will meet Thursday, the 5th of May to review, discuss and start the scoring process for the Grants

5. NEW

BUSINESS

5.01 Selected Artist for Victory Park Project
Mov
ed by: Maximilian Cao, seconded by: Anuit AlBahar
Vote: Motion passed. Yes - 4, No - 0, Absent – 2
Yes: Evai Dellafosse, Maximilian Cao, Justin Grant and Anuit AlBahar Abs
ent: Desiree Orque and Lourdes Jaurigue-King

5.02 Stockton Fire Station #3 Mural Project
Moved by: Justin Grant, seconded by: Maximilian Cao
Vote: Motion passed. Yes - 4, No - 0, Absent – 2
Yes: Evai Dellafosse, Maximilian Cao, Justin Grant and Anuit AlBahar

Absent: Desiree Orque and Lourdes Jaurigue-K ing
16 ATTACHMENT C
2 6. DIRE

CTOR/STAFF REPORT
City Staff, Trevor Wilson provided the following report/update for the Director:
 Dentoni Park Basketball Mural Project – Commissioner Dellafosse inquired about the amount of the mural. City Staff Trevor Wilson said $10,000 budget from Council Funds.
 Flavor Fest/Collide Update – May 14th and May 15th, 2022.  Victory Park Art Project Update – The motion has passed on May 2, 2022, to proceed with the 1st place winner.
 SAC 2022 Grants – Commissioners will meet to review and rate applications.  Tama Brisbane – Will have a presentation at our June SAC meeting.  Community Development Block Grant (CDBG) – checks have been mailed.

7. FINANCIAL REPORT

7.01 SAC Financial And Discretionary Fund Report
Staff reported no changes on the Public Art and Discretionary balances.

8. STANDING COMMITTEE REPORTS

8.01 Governance
Chair Dellafosse and Vice-Chair Cao met with City Staff to review the agenda.

8.02 Advocacy and Resources
Vice-Chair Cao attended the Asian Chamber of Commerce, Chair Dellafosse and City Staff Trevor Wilson attended the Rotary Club and presented the SAC annual report, Vice-Chair Cao asked that all Commissioners have access to our Facebook and Instagram sites, and will work with Connie Cochran.

8.03 Funding
Will be meeting this week.

8.04 Public Art
The next phase for Commissioners is to recommend new art projects.

9. ADJ

OURNMENT
The meeting was adjourned at 6:14 p.m.

The next
meeting of the Stockton Arts Commission is scheduled for Monday, June 6, 2022, at 5:30 p.m. at City Hall, Council Chamber, 2nd floor, 425 N. El Dorado Street, Stockton, CA 95202.
17 City of Stockton
Legislation Text
File #: 22-0582, Version: 1

ADOPT A RESOLUTION AUTHORIZING THE CITY OF STOCKTON AND VISIONARY HOME

BUILDERS OF CA TO SUBMIT A REVISED JOINT APPLICATION FOR GRANT FUNDING

UNDER PROJECT HOMEKEY FOR THE ACQUISITION, REHABILITATION, AND MANAGEMENT

OF THE FLORA PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

4. Approve and authorize the City Manager , or designee, to allocate $2 million of the City’s HHAP Round 2 funding for the required funding match to meet the Homekey program guidelines upon award from the State.

5. Approve and authorize the City Manager to execute the Application and all necessary Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

6. Approve and authorize revenue and expenditure budget appropriations in the amount of the award from the State and match from the City if grant funds from the State are awarded.

7. It is further recommended that the City Manager or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

City of Stockton Printed on 6/15/2022Page 1 of 4
powered by Legistar™
18 File #: 22-0582, Version: 1
Summary
On September 9, 2021, HCD announced the availability of $1.45 billion for the Homekey Program (Homekey) grant funding through its Round 2 Notice of Funding Availability (NOFA). Program funds are made available to purchase and rehabilitate housing and convert them into interim, permanent, or long-term housing. The priority application deadline for Homekey funds was January 31, 2022, which Visionary Homebuilders and the City met. Applications received before the priority deadline will be entitled to an additional $10,000 in assistance per door.

The Co-Applicant (Visionary Home Builders) has acquired a vacant 15-unit apartment complex called the Flora Development, a proposed supportive housing project. At full capacity, this project will house 14 households plus one resident manager. The project envisions a layered approach to delivering critical services that will keep individuals housed. To accomplish this, the Co-Applicant will partner with the Women’s Center Youth and Family Services agency (WCYFS) to provide case management services to the residents. WCYFS has a long history of providing a safe haven for healing for some of the most vulnerable populations in Stockton. The Visionary Home Builders will be responsible for providing property management of the site. In compliance with state confidentiality laws, the address of the Flora domestic violence project will remain private to help ensure the victims’ safety.

Council approved the submittal of the joint Homekey application to meet the January 31, 2022, priority deadline on December 14, 2021, at that time Visionary was requesting approximately $3.713 million of Project Homekey capital funding. After an initial review of the joint application, HCD staff recommended that the applicant and co-applicant apply for an increase not to exceed a maximum of $5 million of Project Homekey capital funding.

DISCUSSION
Background
On September 9, 2021, HCD issued a NOFA for local public entities within California to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings, and other buildings to convert them into interim or permanent, long-term housing. Of the $1.45 billion in Homekey grant funds, $1.2 billion is derived from the Coronavirus State Fiscal Recovery Fund (CSFRF) established by the federal American Rescue Plan Act of 2021 (ARPA) and $250 million in State General Funds.

Applications were accepted on a continuous, over-the-counter basis through May 2, 2022, or until available funds were exhausted. The priority application deadline was January 31, 2022, applications received by the priority deadline are entitled, if approved, to bonus funding of $10,000 per door.

The Program’s primary objective is to provide housing for individuals and families experiencing homelessness or at risk of experiencing homelessness and who are impacted by the COVID-19 pandemic. Capital funds must be expended within eight months of the award date and operating funds expended no later than June 30, 2026.

Present Situation
The Co-Applicant has executed a Purchase and Sales Agreement for the acquisition of a 15-unit City of Stockton Printed on 6/15/2022Page 2 of 4
powered by Legistar™
19 File #: 22-0582, Version: 1
multifamily apartment complex known as Flora, which will operate as a supportive housing project targeting homeless individuals and families that are victims of domestic violence and/or sex traffickers. In compliance with state confidentiality laws, the address of the Flora domestic violence project will remain private to help ensure the victims’ safety.

The site has thirteen (13) one-bedroom units and two (2) two-bedroom units. At full capacity, the project will house 14 households with one unit reserved for an onsite property manager. The building’s square footage totals approximately 9,950 square feet. Individual unit is 650 sq. ft. for the one-bedroom and 750 sq. ft. for the two-bedroom. There is an on-site parking garage with 13 parking spaces, and additional on-street parking available along the adjacent streets.

Total development costs are projected at $476,666 per unit, amounting to a total development cost of $7.15 million, of which $333,333 per unit is anticipated from Project Homekey; and the program required match from the city of $2 million or $133,333 per unit that may be used for acquisition, rehabilitation costs, and operating subsidies. Additionally, the Co-Applicant has secured a $150,000 grant from Wells Fargo Bank that will offset operating expenses.

At full capacity, the project will house 14 households plus one onsite property management unit. The Women’s Center Youth & Family Services (WCYFS) will deliver critical services to keep individuals housed. Services that will be provided include case management, parenting classes, individual peer counseling, support groups for battered women, and linkages of residents to specialized services such as health care, mental health care, substance abuse support, and others. The Co-Applicant will be responsible for providing property management to ensure the proper functioning of the property.

The per-unit cost of the 15-unit Flora project, at $476,666, is competitive for Homekey funding.

Developer: Visionary Home Builders - Flora Apartments
Council District: 5 Address: Stockton/undisclosed location Sources of FundingAmount
Homekey Capital Funds/Op. Subsidy $5,000,000
City Capital/Op. Subsidy Request $2,000,000
Wells Fargo Bank Operating Subsidy $150,000
Total Capital and Operating Expense $7,150,000
Target AMI 30%
Studio 1 BR 2 BR 3 BR 4 BR Total Units
13 2 15
The Flora project will bring much-needed supportive housing to our homeless population, tying directly to our homeless strategic plans.

As part of the joint application, the Co-Applicant is requesting approximately $5 million of Homekey funds for the acquisition, development, and ongoing services necessary to manage the Flora affordable housing project.

City of Stockton Printed on 6/15/2022Page 3 of 4
powered by Legistar™
20 File #: 22-0582, Version: 1
Upon Council approval, the City, with its partner, will resubmit its Homekey application authorizing resolution to HCD for the Flora project. If awarded, Homekey funding and Homekey capital funds, per the Standard Agreement,are required to be expended within eight months of the award date, all rehabilitation activities be completed within 12 months of the award date, and tenants housed within 90 days of construction completion. The combined Homekey and grant funds of $7.150 million will be disbursed to the Co-Applicant for the acquisition, development, and operating subsidy for the Flora project through progress billings.

The Co-Applicant will assume responsibility in completing the Flora project acquisition rehabilitation using Homekey and City grant funds and will take full ownership of the asset purchased, including the ongoing operational responsibility. Affordability covenants will be recorded on the property.

FINANCIAL SUMMARY
If HCD awards funds to the City and the Co-Applicant, the City will administer funds to the Co- Applicant in the form of a grant. The joint application requires matching funds from the City of $2 million, identified as HHAP 2 Funds. Match funds from the City will only be provided to the Co- Applicant upon the successful award by HCD. The match funds will cover the additional per unit acquisition, capital rehabilitation, and operating costs. Additional operating costs or support for the project beyond this original allocation would need to be applied for through the City’s competitive process for loan or grant funds.

There is no impact on the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

City of Stockton Printed on 6/15/2022Page 4 of 4
powered by Legistar™
21 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY OF STOCKTON’S JOINT APPLICATION TO

AND PARTICIPATION IN THE HOMEKEY PROGRAM

The Department of Housing and Community Development ( “Department”) has issued a Notice of Funding Availability, (“NOFA”) dated September 9, 2021 , for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly Bill No. 140 (2021-2022 Reg. Sess.) § 20); and

The City of Stockton ( “Co-Applicant”) desires to jointly apply for Homekey grant funds with Visionary Home Builders of CA (“Corporation”). Therefore, Co-Applicant is joining Corporation in the submittal of an Application for Homekey funds (“Application”) to the Department for review and consideration; and

The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with section 50675) of Part 2 of Division 31 of the Health an d Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department -approved STD 213, Standard Agreement (“ Standard Agreement ”), and all other legal requirements of the Homekey Program; now therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Co-Applicant and Corporation are hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $5 million.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $5 million; and a Grant Agreem ent with the Co-Applicant in the amount up to $2 million; and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “ Homekey Documents”).

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof.

Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for 22 the allowable expenditures and activities identified in the Standard Agreement.

4. Approve and authorize the execution of t he Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

5. Approve and authorize the City Manager or designee to allocate up to $2 million of the Co-Applicant’s HHAP Round 2 funding, for the required funding match as deemed appropriate to meet the Homekey program guidelines upon award from the State.

6. Approve and authorize the revenue and expenditure budget appropriations in the amount of the award from the State and match from the Co-Applicant if grant funds from the State are awarded.

7. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 21, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

23 City of Stockton
Legislation Text
File #: 22-0585, Version: 1

ADOPT A RESOLUTION TO APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING

FROM THE STATE OF CALIFORNIA - HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC), BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY (BCSH) FOR ROUND

THREE OF THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP) GRANT

PROGRAM

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize staff to apply for, accept and appropriate Round 3 of the Homeless Housing, Assistance and Prevention Grant (HHAP 3) grant funds;

2. Approve the City of Stockton Homeless Action Plan;

3. Authorize the City Manager, or designee, to enter a Standard Agreement for HHAP 3 funds with all its exhibits or other necessary documents consistent with the resolution; and,

4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The general purpose HHAP 3 funding is a $1 billion grant that is designed to build on regional coordination developed through previous rounds of HCFC Homeless Emergency Aid Program (HEAP), HHAP, and COVID-19 funding. Round 3 funds should be used to continue to build regional coordination and a unified regional response to reduce and end homelessness informed by a best- practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.

DISCUSSION
Background
On December 17, 2021, the HCFC and BCSH issued a Notice of Funding Availability (NOFA) for their HHAP 3 program established under Assembly Bill 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021, for approximately $1 billion in available funding.

On February 8, 2022, the City Council authorized the execution of the HHAP 3 funding Standard Agreement with BCSH accepting the initial funding allocation of $1,578,653.95 (Attachment A - City of Stockton Printed on 6/15/2022Page 1 of 2
powered by Legistar™
24 File #: 22-0585, Version: 1
Resolution 2022-02-08-1203), with the understanding that staff would return to Council to discuss the City of Stockton Homeless Action Plan and seek approval to apply for the remaining funds. Deadline to apply is June 30, 2022.

Present Situation
HHAP 3’s initial disbursement of funds allowed for the procurement of a contractor to augment staff’s capacity to ensure compliance with State regulations and all grant application requirements. Grant application requirements included the need to have an agendized discussion with a governing body that allows for public comment as well as a new or updated homeless strategic plan. Staff directed the consultant to develop a plan that prioritized outreach, conducted a gaps analysis and provide a strong review and analysis of current and projected funding.

The City of Stockton Homeless Action Plan (Exhibit 1) includes the following:

1. Assessment of Current Conditions

2. Resources and Investment Landscape

3. Action Plan: Goals and Strategies

4. Budget Chart Guide
Staff recommends adopting a resolution authorizing staff to apply for, accept and appropriate HHAP Round 3, enter into the Standard Agreements and approve the City of Stockton Homeless Action Plan.

FINANCIAL SUMMARY
There is no financial impact to the City's General Fund or any other unrestricted fund as a result of this action. HHAP 3 grant funding will be appropriated in the Special Grant Fund, Housing Division, and EDD Administration program.

Attachment A - Resolution 2022-02-08-1203
City of Stockton Printed on 6/15/2022Page 2 of 2
powered by Legistar™
25 ATTACHMENT A
26 ATTACHMENT A
27 ATTACHMENT A
28 ATTACHMENT A
29 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement
Initial Disbursement Contract for Funds

EXHIBIT A

AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 3 (“HHAP-3” or “Program”) pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.) The Program is administered by the California Homeless Coordinating and Financing Council (“HCFC”) in the Business, Consumer Services and Housing Agency (“Agency”). HHAP-3 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.

This Standard Agreement/Initial Disbursement Contract for Funds along with all its exhibits (“Agreement”) is entered into by the Agency and a Continuum of Care, a city, or a county (“Grantee”) under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Standard Agreement to Apply signed and submitted by the Grantee (Exhibit F), and the requirements appearing in the statutory authority for the Program cited above.
2) Purpose
The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5 (commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness. This funding shall:
a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness.
b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: Guide City of Stockton
22-HHAP-10030

Page 1 of 26 ends

_____
Initial

ATTACHMENT A
30 to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness in their planning efforts.
c) Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing.
d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments.

In accordance with the authority cited above, a Standard Agreement to Apply was submitted by the Grantee for the initial disbursement of HHAP-3 funds to be allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A). 3) Definitions
The following HHAP-3 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) – (r):
a) “Agency” means the Business, Consumer Services, and Housing Agency. b) “Applicant” means a Continuum of Care, city, or county. c) “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) “Continuum of Care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
e) “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
f) “Council” means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. g) “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.

City of Stockton
22-HHAP-10030

Page 2 of 26 ends

_____
Initial

ATTACHMENT A
31 h) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. i) “Homeless Management Information System” means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
j) “Homeless point-in-time count” means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD’s certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction’s application for homeless funding. k) “Homeless youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
l) “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m) “Jurisdiction” means a city, city that is also a county, county, or Continuum of Care, as defined in this section.
n) “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
o) “Program” means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.
1) “Round 1” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019.

City of Stockton
22-HHAP-10030

Page 3 of 26 ends

_____
Initial

ATTACHMENT A
32 2) “Round 2” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. 3) “Round 3” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021. 4) “Round 4” of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022. p) “Program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. q) “Recipient” means a jurisdiction that receives funds from the agency for the purposes of the program.
r) “Tribe” or “tribal applicant” means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code.

Additional definitions for the purposes of the HHAP-3 program:
“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-3 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. “Expended” means all HHAP-3 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4) Scope of Work
The Scope of Work (“Work”) for this Agreement shall include uses that are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e), and section 50220.7, subdivisions (a)(4)-(5) & (f), and any other applicable laws.

By accepting these funds, the Grantee acknowledges that this initial disbursement of funds is a portion of their total allocation under the HHAP-3 Program, to be used solely for the purposes outlined below, and that in order to receive the remaining balance of its HHAP-3 program allocation, an applicant shall submit an application to the council by June 30, 2022, that includes a local homelessness action plan and specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b).

The Grantee may expend this initial disbursement of funds to complete the local homelessness action plan, required by HSC § 50220.7(b)(3)(A), including paying for any technical assistance or contracted entities to support the completion of the homelessness action plan.

City of Stockton
22-HHAP-10030

Page 4 of 26 ends

_____
Initial

ATTACHMENT A
33 For funds not spent on the Grantee’s homelessness action plan, priority for these initial funds shall be for systems improvement, including, but not limited to, all of the following:

A) Capacity building and workforce development for service providers within the jurisdiction, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services.

B) Funding existing evidence-based programs serving people experiencing homelessness.

C) Investing in data systems to meet reporting requirements or strengthen the recipient’s Homeless Management Information System.

D) Improving homeless point-in-time counts.

E) Improving coordinated entry systems to eliminate racial bias or to create a youth- specific coordinated entry system.

For any remaining funds not spent on the Grantee’s homelessness action plan or systems improvement, the Grantee shall expend funds on existing evidence-based programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses:
a) Rapid rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
c) Street outreach to assist persons experiencing homelessness to access permanent housing and services.
d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.
e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental subsidies.

City of Stockton
22-HHAP-10030

Page 5 of 26 ends

_____
Initial

ATTACHMENT A
34 h) New navigation centers and emergency shelters based on demonstrated need.

Demonstrated need for purposes of this paragraph shall be based on the following:
i) The number of available shelter beds in the city, county, or region served by a Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the homeless point-in-time count.
iii) Shelter vacancy rate in the summer and winter months. iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-3 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
i) Improvements to existing emergency shelters to lower barriers and increase privacy.

In addition to the funding use requirements described above, the Grantee’s expenditure of its entire HHAP-3 allocation must also comply with the following:
a) At least 10 percent of the funds shall be spent on services for homeless youth populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this Agreement, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation. 5) Agency Contract Coordinator
The Agency’s Contract Coordinator for this Agreement is the Council’s Grant Director or the Grant Director’s designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Agency Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the Council’s Grant Director or the Grant Director’s designee.

City of Stockton
22-HHAP-10030

Page 6 of 26 ends

_____
Initial

ATTACHMENT A
35 The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: Business Consumer Services and
Housing Agency
SECTION/UNIT: Homeless Coordinating and
Financing Council (HCFC)
ADDRESS: 915 Capitol Mall Suite 350-A
Sacramento, CA, 95814

CONTRACT
COORDINATOR Victor Duron
PHONE NUMBER: (916) 510-9442
EMAIL ADDRESS: [email protected]
All requests to update the Grantee information listed within this Agreement shall be emailed to the HHAP Program’s general email box at [email protected]. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee.

Effective Date, Term of Agreement, and Deadlines
D
This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties.

E
This Agreement shall terminate on October 1, 2026, or upon delivery of the HHAP-3 final report required by HSC § 50223(b), whichever is sooner.

F
Grantee shall submit an application for the remainder of their HHAP-3 allocation by June 30, 2022 in compliance with HSC § 50220.7(b).

G
Grantee shall report on the activities funded pursuant this Agreement in the first expenditure report submitted to the Council after disbursement of the remaining funds, as required by HSC §§ 50221 and 50223.

H
Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP- funds by May 31, 2024. If less than 50 percent is obligated after May 31, 2024, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur:

City of Stockton
22-HHAP-10030

Page 7 of 26 ends

_____
Initial
City of Stockton Economic
Development Department
400 E. Main Street, 4th Floor, Stockton, CA
95202
Ty Wilson-Robinson
(209) 937-7585
[email protected]

ATTACHMENT A
36 i) On or before June 30, 2024, the Grantee submits an alternative disbursement plan to HCFC that includes an explanation for the delay. ii) HCFC approves the alternative disbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan.
iii) If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2024, the funds shall be returned to the HCFC to be allocated as bonus awards.

I
Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2024. Any funds that are not contractually obligated by this date shall be reverted to the Continuum of Care that serves the county. Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP-3 funding allocation formula among the four CoC’s that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority.

Counties not obligating their full program allocation by May 31, 2024 are required to notify HCFC, on or before that date, of the name of the CoC(s) in which the county is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2024, the county shall provide HCFC with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred.

J
Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall not be eligible for bonus funding.

K
HHAP- funds shall be expended by June 30, 2026
L
In accordance with Health and Safety Code section 50220.5, subdivision (l), HCFC retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline.

M
Any funds not expended by June 30, 2026 shall be available for round 4 of the program pursuant to HSC § 50218.7.
7) Special Conditions
Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved.

City of Stockton
22-HHAP-10030

Page 8 of 26 ends

_____
Initial

ATTACHMENT A
37 Homeless Housing, Assistance, and Prevention Program Round (HHAP-) Standard Agreement

EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS

Budget Detail & Changes
The Grantee agrees that HHAP-3 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.

The Grantee shall expend this initial disbursement of HHAP-3 funds on eligible activities as detailed in Health and Safety Code Section 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f).

General CondLWLRQV3ULRUWR'LVEXUVHPHQW
All Grantees PXVWVXEPLWWKHIROORZLQJIRUPVௗSULRUWRௗHHAP-ௗIXQGVEHLQJUHOHDVHG

x Request for Funds )RUPௗ
³5))´

x STD 213 Standard Agreement form and initialed Exhibits A through F x STD 204 Payee Data Record or Government Agency Taxpayer ID Form
Disbursement of Funds
HHAP-3 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller’s Office (SCO).

The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. This initial disbursement of HHAP-3 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. Grantee agrees that in order to receive the remaining balance of the allocation awarded to them pursuant HSC § 50218.6(a)(1), Grantee must submit an application that meets the requirements of HSC § 50220.7(b) and this application must be approved by HCFC prior to a second disbursement of funds. Additionally, Grantee ZLOOEHUHTXLUHGWRHQWHULQWRDVHSDUDWH6WDQGDUG$JUHHPHQWLQRUGHUWRUHFHLYHWKHLU UHPDLQLQJDOORFDWLRQ
City of Stockton
22-HHAP-10030

Page 9 of 26 ends

_____
Initial

ATTACHMENT A
38 4) ([SHQGLWXUHRI)XQGV
This initial disbursement of HHAP-3 funds must be spent in accordance with HSC sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f), as described in Exhibit A, Section 4 “Scope of Work”.
5) ,QHOLJLEOH&RVWV
HHAP-3 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f).

HCFC reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-3 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency.

An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, VKDOOEHGLVDOORZHGDQGPXVWௗEHUHLPEXUVHGWRௗ$JHQF\ௗE\WKHௗ*UDQWHH HCFC, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-3 fund expenditures.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention.

Reimbursements are not permitted in HHAP-3 for any expenditures prior to the date of execution of this Agreement.

City of Stockton
22-HHAP-10030

Page 10 of 26 ends

_____
Initial

ATTACHMENT A
39 Homeless Housing, Assistance, and Prevention Program Round (HHAP-) Standard Agreement

EXHIBIT C

GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency’s notice of termination.
b) Sufficiency of Funds
7KLV$JUHHPHQWLVYDOLGDQGHQIRUFHDEOHRQO\LIௗVXIILFLHQWௗIXQGVDUHPDGH available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2) 7UDQVIHUV
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions – Grantees/Sub Grantee) or with the prior written approval of HCFC and a formal amendment to this Agreement to affect such subcontract or novation.
3) *UDQWHH¶V$SSOLFDWLRQIRU)XQGV
Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an application for the remainder of their HHAP-3 allocation to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges.

City of Stockton
22-HHAP-10030

Page 11 of 26 ends

_____
Initial

ATTACHMENT A
40 4) Reporting/Audits
a) Reporting Requirements
i) Activities funded under this Agreement shall be reported on in the first expenditure report submitted to HCFC following the disbursement of the remaining funds. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
ii) Grantee is also required to comply with the reporting requirements in HSC § 50221 and 50223, as applicable
b) Auditing
Agency reserves the right to perform or cause to be performed a financial audit.

At Agency request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-3 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's ZRUNLQJSDSHUV iii) The Grantee is responsible for the completion of audits and all costs of SUHSDULQJDXGLWV
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of WKHDXGLWILQGLQJUHSRUW
5) ,QVSHFWLRQDQG5HWHQWLRQRI5HFRUGV
a) Record Inspection
HCFC or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCFC, or its designee, with any relevant information requested. The Grantee agrees to give HCFC or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to
an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-3 program guidance document published on the website, and this Agreement.

City of Stockton
22-HHAP-10030

Page 12 of 26 ends

_____
Initial

ATTACHMENT A
41 In accordance with Health and Safety Code section 50220.7, subdivision (m), if upon inspection of records HCFC identifies noncompliance with grant requirements. HCFC retains the right to impose a corrective action plan on the Grantee.
b) Record Retention
7KH*UDQWHHIXUWKHUDJUHHVௗWRUHWDLQDOOUHFRUGVGHVFULEHGLQ subparagraph A for DௗPLQLPXPSHULRGRIௗILYHௗ

ௗ\HDUVDIWHUWKHWHUPLQDWLRQRIWKLVAgreement.

If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
6) %UHDFKDQG5HPHGLHV
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) *UDQWHH¶VIDLOXUHWRFRPSO\ZLWKWKHWHUPVRUFRQGLWLRQVRIWKLV$JUHHPHQW ii) Use of, or permitting the use of, HHAP-3 funds provided under this Agreement for any ineligible activities.
iii) Any failure to FRPSO\ZLWKWKHGHDGOLQHVVHWIRUWKLQWKLV$JUHHPHQW b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Agency in law or equity IRUEUHDFKRIWKLV$JUHHPHQW$JHQF\PD\

i) Bar the Grantee from applying for future HHAP IXQGV

ii) Revoke any other existing HHAP-3 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-3 funds disbursed under this Agreement;
iv) Require repayment of HHAP-3 funds disbursed and expended under this Agreement;
v) Require the immediate return to Agency of all funds derived from the use of HHAP-3 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-3 requirements.
c) All remedies available to Agency are cumulative and not H[FOXVLYH City of Stockton
22-HHAP-10030

Page 13 of 26 ends

_____
Initial

ATTACHMENT A
42 d) Agency may give written notice to the Grantee to cure the breach or YLRODWLRQௗZLWKLQDSHULRGRIQRWOHVVWKDQGD\V
7) :DLYHUV
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce WKHVHௗSURYLVLRQV
8) 1RQGLVFULPLQDWLRQ
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which WKH\KDYHDFROOHFWLYHEDUJDLQLQJRURWKHUDJUHHPHQW
9) Conflict RI,QWHUHVW
All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, “ For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.” )DLOXUHWRFRPSO\ௗZLWKWhese laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable City of Stockton
22-HHAP-10030

Page 14 of 26 ends

_____
Initial

ATTACHMENT A
43 statutes include, but are not limiWHGWR*RYHUQPHQW&RGHVHFWLRQ ௗDQG Public
Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract onௗhis or her own behalf as an independent Grantee with any State DJHQF\WRSURYLGHJRRGVRUVHUYLFHV
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.).
d) 5HSUHVHQWDWLYHVௗRID&RXQW\
$UHSUHVHQWDWLYHRIDFRXQW\VHUYLQJRQDERDUG
committee, or body with the primary purpose of administering funds or making funding recommendations IRUDSSOLFDWLRQVௗSXUVXDQWWRWKLVFKDSWHUVKDOOKDYHQR financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug-)UHH:RUNSODFH&HUWLILFDWLRQ
Certification oI&RPSOLDQFH
%\VLJQLQJWKLV$JUHHPHQWௗ*UDQWHHௗKHUHE\FHUWLILHV
under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
3XEOLVKDVWDWHPHQWQRWLI\LQJHPSOR\HHVௗDQGVXEUHFLSLHQWV that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1).

City of Stockton
22-HHAP-10030

Page 15 of 26 ends

_____
Initial

ATTACHMENT A
44 a) Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients DERXWௗDOORIௗWKHIROORZLQJ

i) 7KHGDQJHUVௗRIGUXJDEXVHLQWKHZRUNSODFH

ii) *UDQWHH¶VௗSROLF\RIPDLQtaining a drug-IUHHZRUNSODFH

iii) $Q\DYDLODEOHFRXQVHOLQJUHKDELOLWDWLRQௗDQGHPSOR\HHDssistance program; and
iv) Penalties that may be imposed upon employees, Grantees, and subrecipients IRUGUXJDEXVHYLRODWLRQV
b) Provide, as required by *RYHUQPHQW&RGHVHFWLRQௗVXEGLYLVLRQ (a)(3), that HYHU\HPSOR\HHௗDQGRUVXEUHFLSLHQW that works under this Agreement:
i) Will receive a copy of Grantee’s drug-free policy statement, and ii) Will agree to abide by terms RIௗ*UDQWHH¶VௗFRQGLWLRQRIHPSOR\PHQWௗRU subcontract.
11) &KLOG6XSSRUW&RPSOLDQFH$FW
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12) Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of City of Stockton
22-HHAP-10030

Page 16 of 26 ends

_____
Initial

ATTACHMENT A
45 this Agreement and the applicable State requirements governing the use of HHAP-3 funds. Failure to comply with these conditions may result in termination of this Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its SubgranteesLIDQ\WR

i) Perform the work in accordance with Federal, State and Local housing and EXLOGLQJFRGHVDVDSSOLFDEOH
ii) Maintain at least the minimum State-required worker’s compensation for those HPSOR\HHVZKRZLOOSHUIRUPWKHZRUNRUDQ\SDUWRILW iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performiQJWKHௗ:RUNRUDQ\SDUWRILW iv) $JUHHWRLQFOXGHDOOWKHWHUPVRIWKLV$JUHHPHQWLQHDFKVXEFRQWUDFW 13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-3 program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals WRௗ+&)&XSRQUHTXHVW 14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) +&)&ௗUHVHUYes the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

City of Stockton
22-HHAP-10030

Page 17 of 26 ends

_____
Initial

ATTACHMENT A
46 c) Grantee DJUHHVWRUHTXLUHWKDWDOOZRUNWKDWLVௗGetermined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15) /LWLJDWLRQ
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion RIௗ$JHQF\ௗVKDOOQRWDIIHFWDQ\RWKHUSURYLVLRQVRIWKLV$JUHHPHQWDQGWKH remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall QRWLI\ௗ+&)&LPPHGLDWHO\of any claim or action undertaken by RUDJDLQVWLWZKLFKDIIHFWVRUPD\DIIHFWWKLV$JUHHPHQWRUௗ$JHQF\DQGVKDOOWDNH such action with respect to the claim or action as is consistent with the terms of WKLV$JUHHPHQWDQGWKHLQWHUHVWVRIௗ$JHQF\
City of Stockton
22-HHAP-10030

Page 18 of 26 ends

_____
Initial

ATTACHMENT A
47 Homeless Housing, Assistance, and Prevention Program Round (HHAP-) Standard Agreement

EXHIBIT D

SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-3 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for HHAP-3-eligible activities and reported on as required by Agency 2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC § 50220.7(e)(8)(F)), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-3 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re- housing, and longer-term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-3-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-3 funding (e.g., by creating appropriate HHAP-3-specific funding sources and project codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or “HDIS”), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide City of Stockton
22-HHAP-10030

Page 19 of 26 ends

_____
Initial

ATTACHMENT A
48 Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 5) Grantee agrees to accept technical assistance as directed by HCFC or by a contracted technical assistance provider acting on behalf of HCFC and report to HCFC on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCFC, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19.
7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

City o f Stockton
22-HHAP-10030

Page 20 of 26 ends

_____
Initial

ATTACHMENT A
49 Homeless Housing, Assistance, and Prevention Program Round (HHAP-) Standard Agreement

EXHIBIT E

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

City of Stockton
22-HHAP-10030

Page 21 of 26 ends

_____
Initial

ATTACHMENT A
50 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement

EXHIBIT F

STANDARD AGREEMENT TO APPLY
City of Stockton
22-HHAP-10030

Page 22 of 26 ends

_____
Initial

ATTACHMENT A
51 City of Stockton
22-HHAP-10030

Page 23 of 26 ends

_____
Initial

ATTACHMENT A
52 City of Stockton
22-HHAP-10030

Page 24 of 26 ends

_____
Initial

ATTACHMENT A
53 City of Stockton
22-HHAP-10030

Page 25 of 26 ends

_____
Initial

ATTACHMENT A
54 City of Stockton
22-HHAP-10030

Page 26 of 26 ends

_____
Initial

ATTACHMENT A
55 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY TO APPLY FOR, ACCEPT, AND

APPROPRIATE GRANT FUNDING FROM THE STATE OF CALIFORNIA- HOMELESS

COORDINATING AND FINANCING COUNCIL (HCFC), BUSINESS, CONSUMER

SERVICES AND HOUSING AGENCY (BCSH), OF THE FIRST ALLOCATION OF ROUND

THREE OF THE HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP)

GRANT PROGRAM, AND TO ENTER INTO A CONTRACT WITH A CONSULTANT FOR

THE DEVELOPMENT OF AN ACTION PLAN REQUIRED TO APPLY FOR SECOND

ALLOCATION OF THE ROUND THREE HHAP FUNDS

On December 17, 2021, the HCFC and BCSH issued a Notice of Funding Availability (NOFA) for their HHAP 3 program established under Assembly Bill 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021, for approximately $1 billion in available funding; and

The following requirements must be met prior to submitting a final application for HHAP Round 3 funding pursuant to Health and Safety Code section 50220.7(b)(1 )-(3), by June 30, 2022:

1. The City must engage with HCFC on its local homelessness action plan and outcome goals before submitting a complete application; and

2. The City must submit its local homelessness action plan and approved outcome goals to HCFC after each was agendized at a regular meeting of the City Council, and available for receiving public comment; and

The previous HHAP rounds of funding are aligned with the San Joaquin Community Response to Homelessness, which is a strategic plan developed by the City of Stockton in partnership with the County of San Joaquin and the San Joaquin Continuum of Care. HHAP 3's initial disbursement of funds will allow for the procurement of a contractor to augment staff's capacity to ensure compliance with State regulations and all grant application requirements; and

The general purpose HHAP 3 funding is designed to build on regional coordination developed through previous rounds of HCFC Homeless Emergency Aid Program (HEAP), HHAP, and COVID-19 funding. Round 3 funds should be used to reduce homelessness informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. To successfully reduce homelessness through this funding, the initial disbursement is explicit in its functionality and deliverables; now, therefore,

56 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Authorize staff to apply for HHAP 3 grant funds.

2. Approve the City of Stockton Homeless Action Plan (attached as Exhibit 1 and incorporated herein by this reference).

3. Authorize the City Manager, or designee to enter a Standard Agreement/Initial Disbursement Contract for funds with all its exhibits or other necessary documents consistent with the resolution.

4. Authorize the City Manager or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 21, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARA, CMC
City Clerk of the City of Stockton
57 June 2022 City of Stockton Homeless Action Plan Page 1 of 37 Local Homeless Action Plan
Economic Development Department
City of Stockton
June 2022
City of Stockton
Economic Development Department
Exhibit 1
58 June 2022 City of Stockton Homeless Action Plan Page 2 of 37

Table of Contents

1. Introduction ______________________________________________________________ 3 Purpose of the Local Action Plan ______________________________________________________ 3 Guiding Principles __________________________________________________________________ 4 Research Methodology ______________________________________________________________ 6

2. Assessment of Current Conditions ____________________________________________ 7 Description of the Homeless Response System ___________________________________________ 7 Utilization of the Homeless Response System ____________________________________________ 9 Point‐in‐Time Count of People Experiencing Homelessness ________________________________ 12 Feedback from Stakeholders ________________________________________________________ 14 Achievements: New and In the Pipeline _______________________________________________ 16 Strengths and Challenges ___________________________________________________________ 18

3. Resource and Investment Landscape _________________________________________ 20 Types of Funding Allocated Towards Homelessness ______________________________________ 20 Planned Revenues and Expenditures: July 2022 – June 2028 ______________________________ 20 HHAP Budget Summary _____________________________________________________________ 22

4. Action Plan: Goals and Strategies ___________________________________________ 23 Measurable Objectives _____________________________________________________________ 24 Goal 1: Establish a Coordinated and Engaged Regional System of Care ______________________ 26 Goal 2: Increase Access and Reduce Barriers to Homeless Crisis Response Services ____________ 29 Goal 3: Ensure Households Experiencing Homelessness Have Access to Affordable and Sustainable Permanent Housing ________________________________________________________________ 31

5. Budget Chart Guide: FY 2020‐2021 through FY 2027‐2028 ________________________ 33

6. End Notes ______________________________________________________________ 37

Exhibit 1
59 June 2022 City of Stockton Homeless Action Plan Page 3 of 37

1. Introduction

Purpose of the Local Action Plan
In 2018, the Stockton City Council declared a local homeless emergency directing the City Manager and all applicable city departments to develop strategies and solutions to address homelessness. At that time Stockton (City) counted 311 unsheltered homeless individuals as residents of its community0F0F i. Since
then, much has been accomplished, but despite these efforts the number of people experiencing homelessness and living unsheltered on the street remains high. Most recent Point‐in‐Time (PIT) Count findings from a survey of homeless individuals conducted in January 2022, found an estimated 1,370 homeless individuals in Stockton, of whom nearly 900 were unshe ltered (65%).

The rise in homelessness experienced within the City of Stockton, and throughout San Joaquin County (County), is not unique. Across California, homelessness is soaring, with more than 230,000 individuals and families accessing homeless services statewide in 2021, according to the State’s Homeless Data Integration Syste m (HDIS). Increases in homelessness can be attributed to numerous factors, including experiences of trauma, mental illnesses, substance use disorders, and systems that fail to keep vulnerable individuals such as veterans, foster care youth, and families fleeing domestic violence safely housed. But the real cause for homelessness, according to all studies and reports, is that housing in California is scarce and expensive. Ther
e are simply not enough units at prices that people can afford.

Further, while housing costs have increased statewide, some of the largest price increases are in the Central Valley, with San Joaquin and Stanislaus Counties leading the state with a 115% and 122% increases in housing costs, respectively, between 201
0 and 20201F1F
ii. In Stockton, rental rates continue to
climb from year‐to‐year, with average rents for one‐bedroom apartments exceeding $1200 a month, an over 13% increase in rental rates from the prior year2F2F iii.

Now, on the heels of the COVID‐19 pandemic, there has never been a more critical time to address homelessness in Stockton. As a City, this community weathered numerous trials during the course of the pandemic, but through it all city staff, civic leaders, youth, pastors, educators, retirees, health care providers, and businesses, worked jointly to address and co mbat the hardships experienced during the
pandemic. Collectively, people came together in a moment of crisis to feed their neighbors, deliver urgent hygiene supplies and medications to all corners of the City, and to support each other in times of loneliness and isolation. Mos t critically, urgently needed federal relief funds were wisely invested in a range of projects to strengthen households and reinvigorate core infrastructure, including public restrooms and water stations, throughout the City. Nearly $40 million in emergency rental assistance was granted to more than 5,000 struggling households – keeping individuals and families safe and stable in their homes and averting homelessness.

Early indicators provide cautious optimism that these efforts are making a difference. State data indicate that the number of people accessing homeless services declined very slightly between 2019 and 2021, within the County and across the State. Findings provide a glimmer of hope that con certed efforts to prevent huge increases in homelessness, as the result of pandemic‐related job losses, may have met intended goals. With employment rebounding, and COVID‐19 shifting from pandemic status to a more manageable illness, the City can focus on longer‐term solutions to address and prevent homelessness.

Exhibit 1
60 June 2022 City of Stockton Homeless Action Plan Page 4 of 37

This Local Action Plan (Action Plan) builds upon the collective efforts and actions of dozens of City and community leaders over the past several years to prevent and end homelessness and builds off of significant investments already under way through new state and federal funding to address homelessness. It takes as its gui de two framing documents:

San Joaquin Community Response to Homelessness, a regional strategic plan developed in partnership between the San Joaquin Continuum of Care (SJCoC) and local governments.

Approved in 2020, by the SJCoC, San Joaquin County, and the Cities of Stockton, Lodi, Manteca, and Tracy, the Strategic Plan charts a fr amework of core goals and objectives to address homelessness in the region. (Strategic Plan)
Action Plan for Preventing and Ending Homelessness in California, a state plan adopted in March 2021, by the California Homeless Coordinating and Financing Council, articulates statewide objectives and describes guiding expectations for local governments re ceiving state funds to address homelessness. Most critically, the plan establishes uniform performance measures to be achieved through any state funding allocations. (State Plan) In the following pages, the City of Stockton Homeless Action Plan provides an assessment of homeless services and describes the experiences and recommendations of people who are living in Stockton without a permanent home. Section 3 describes the funding that is available, both state and federal funds to address homelessness and provides a comprehensive summary of how funding is being invested across three key strategy areas. It also includes recommendations on how to strategically utilize anticipated future state and federa l allocations. Finally, Section 4, summarizes the specific project areas that the City will pursue to address homelessness. City efforts occur in collaboration with the County and neighboring cities. Section 4 concludes with a broader analysis of how City funded investments work in partnership with allocations made by SJCoC and the County.

Guiding Principles
The North Star goal, established by the 2020 Strategic Plan, is that homelessness will be rare, brief, and non‐reoccurring. This vision recognizes that while some people may experience homelessness, existing services and supports should be able to make that incident short in duration and help put in place effective solutions to make homelessness a one‐ time occurrence. The Stockton City Council has given a clear directive that the City needs solutions to the homeless crisis, and that the availability of affordable housing is one of the biggest challenges to be addressed.

Vision: Homelessness should be rare, brief, and non‐reoccurring.

Directive: Develop solutions to address homelessness, including increasing the affordable housing supply.

Goals: 1. Establish a coordinated and engaged regional system of care.

2. Increase access and reduce barriers to homeless crisis response services.

3. Ensure households experiencing homelessness have access to affordable and sustainable permanent housing solutions.

Exhibit 1
61 June 2022 City of Stockton Homeless Action Plan Page 5 of 37

The City is also adopting the following guiding principles to guide the manner in which programs and practices will be implemented to address homelessness:
 Promote housing first policies.
 Measure and reduce disproportionate experiences.
 Engage people with lived experiences in homelessness.  Invest in systems and practices that work.
 Coordinate wit
h partner jurisdictions.

Commitment to Housing First Policies
Housing First is an approach to serving people experiencing homelessness that recognizes that a homeless person’s first and primary need is to obtain stable and safe housing, and that other issues, improving health, reducing harmful behaviors, and increasing income should be addressed once stable housing is obtained. People are housed quickly without preconditions or service parti cipation requirements. Supportive services are offered to promote housing stability and prevent returns to homelessness. This approach to services removes barriers and encourages participation by individuals and families seeking services.

Commitment to Reducing Disproportionalities
The City is committed to addressing racial and ethnic disparities in the homelessness system and to integrate a racial equity lens in its work. Racial and ethnic disparities are present when the experiences of one population group are disproportionate to their total share of the population. Applying a racial equity lens is to deliberately set out to achieve a landscape where race and ethnicity are no longer predictors of life outcomes. This approach means not just addressing homelessness, but to also strengthen the power and capacity of diverse and marginalized communities to prevent displacement, increase housing stability, and promote long term financial security.

Commitment to Engaging People with Lived Experiences of Homelessness To promote the most effective services for the homeless population, the City is committed to partnering with people with lived experiences. Project plans are developed, implemented, and monitored with input of those who are experiencing homelessness and/or who have lived experiences of homelessness.

City homelessness grants will continue to value project partners that demo nstrate their capacity to learn from the people they serve and to hire and promote those with lived experiences to decision‐making roles.

Commitment to Best Practices
The City recognizes and promotes several core systems and service practices as critical and necessary to addressing homelessness. Among these are:
 Coordinated Entry Systems. Coordinated Entry Systems (CES) provides a central location for homeless individuals to request services. CES uses a validated assessment to prioritize and serve the most vulnerable individuals and to ensure fair an d equal access to housing and services.  Homeless Management Information System. The Homeless Management Information System (HMIS) is a federally mandated reporting tool for all homeless service agencies. California and the City, likewise require funded homeless services agencies to enter contact and client information into the HMIS. Data reports derived from HMIS are used for state and federal reporting and guide planning and program monitoring at a local level.

Exhibit 1
62 June 2022 City of Stockton Homeless Action Plan Page 6 of 37

 Measuring Impact. Through the use of standardized HUD Performance Measures, HMIS reporting and the PIT Count, the impact of programs and services can be measured, allowing funding to be targeted in the most effective manner.  Low‐Barrier Approaches to Services. Programs and services do not screen people out for assistance because of perceived barrier
s to housing or services, including, but not limited to, lack of employment or income, drug or alcohol use, or having a criminal record. Programs and services have a welcoming approach and provide accommodations for people to retain their possessions, stay with their loved ones, experience privacy and dign ity, and keep pets close by.  Trauma Informed Services. Understanding the impact of past trauma on individuals will aid service providers in designing programs to help people heal. Many individuals have histories of abuse and violence which may result in fear, acting out and other negative interactions. To be effective, service providers need to understand trauma and how to address it.  Person‐Centered. All aspects of services incorporate
participant choice. Choice can include
location and type of housing, level of services, and other options allowing for participation in decision making.

Commitment to Collaboration and Partnerships
The City administers, coordinates, and distributes
funding for housing and homelessness services through
its Economic Development Department. Funding
allocations, program design, implementation, and
monitoring are conducted in partnership with the SJCoC, the County, and other local governments, as applicable.

The City maintains a seat on the SJCoC governing body
and City staff have attende d all SJCoC membership
meetings, and currently serve on numerous committees,
including: Strategic Planning Committee, Data and HMIS
Committee, Shelter Committee, Outreach Committee,
Housing Committee, and Coordinated Entry System
Committee.

Research Methodology
This Plan reflects the input from many community members and an extensive review of data and reports. To fully understand the issues, concerns, and gaps in the services system, extensive interviews and discussions were held with individuals and families who are experiencing homelessness, individuals who had lived experiences of homelessness, youth with lived exp eriences of homelessness, administrators of the Public Housing Authority, the County Health Care Services Agency, and the County Whole Person Care homeless outreach initiative. Group discussions were held with the Housing Justice Coalition of the Reinvent South Stockton Initiative and the SJCoC Strategic Planning Committee.

The Plan also encompasses a survey, conducted by th e United Way of San Joaquin, of 243 unsheltered individuals living in homeless encampments and other locations. Survey results provide valuable information on the challenges surrounding homelessness, including how to best serve unsheltered individuals and insight into why shelters are not at full capacity.

Continuums of Care: Continuums of Care
(CoCs) are local planning bodies that
coordinate federal funding allocations to
address homelessness and assist homeless
individuals and families move into permanent
housing. The federal Department of Housing
and Urban Development provides guidelines
for the operation and management of CoC
program activities and requires CoC’s to submit
annual reports on homelessness, including
cou
nts of persons affected by homelessness,
service capacity and utilization data, and
performance benchmarks.

Exhibit 1
63 June 2022 City of Stockton Homeless Action Plan Page 7 of 37

The Plan is also based on the review and analysis of state and local data, reports, and needs assessments as described in the figure below.

2. Assessment of Current Conditions

Description of the Homeless Response System
The major responsibilities to assist homeless individuals and families experiencing homelessness to obtain stable and maintain housing are principally divided between cities, counties, and Continuums of Care. Within the local region:

San Joaquin Continuum of Care serves as the regional coordinating entity over homeless services. The goal of the SJCoC is “to provide a comprehensive, coordinated homeless, housing, and services delivery system.” SJCoC is governed by a membership body and a 19‐member governing board made up of representatives from local homeless serving organizations, people with lived experiences, representatives of different local governments, including the City of Stockton, and the Housing Authority of San Joaquin. SJCoC oversees the US Housing and Urban Development’s Continuum of Care Program funds and provides grants to organizations to meet the needs of the community. The County serves as the fiscal agent for the administration of SJCoC planning funds and project grants. The CoC is unstaffed, and day‐to‐day operations are comp
leted through several standing committees led by volunteers.

San Joaquin County oversees the health and human services safety net system. Responsibilities include oversite for veterans’ services, public health care, behavioral health care, CalFresh, CalWorks, and access to health insurance, general relief, and other benefit programs. The Human Services Agency also Exhibit 1
64 June 2022 City of Stockton Homeless Action Plan Page 8 of 37

oversees special programs to protect vulnerable individuals including older adults and children who have experienced neglect and abuse. Within the homeless system of care, the County is responsible for maintaining the system that identifies and links those experiencing homelessness with existing services and supports. The County also receives local, state, and federal funds earmarke d for homeless services and can allocate funds to meet identified needs.

The City of Stockton, like other local units of government, is responsible for the safety and wellness of its residents. Core functions include the maintenance of local roads and rights‐of‐way, the preservation of city waterways and parks, police and fire responses, assurance of safe buildings and residences, and the creation of a city environment conducive to the economic prosperity and wellbeing of its residents.

Within the homeless system of care, the City is resp onsible for creating an environment in which a continuum of housing options exists and flourishes for people at all income levels and ensuring there are plenty of spaces throughout the city for indigent individuals and households to get their basic needs met.

The SJCoC, the County, and the City administer and distribu te funds to a range of local programs to meet core needs and objectives. Through SJCoC, the City and the County work collaboratively and in partnership with regional stakeholders to identify issues and to develop a regional coordinated response to homelessness. Finally, it is important to identify the role and contribution of the Housing Authority of San Joaquin. Operating with federal oversight, local housing authorities are tasked with administering public housing projects and the distribution of housing choice vouchers – a national program that subsidizes a portion of rent payments directly to landlords. Over the past five years the Housing Authority of San Joaquin has worked aggressively to increase its portfolio and has significantly added to the City’s housing stock of both affordab le rental apartments and permanent supportive housing for people who are homeless.

The primary entities that meet the day‐to‐day needs of those who are homeless are the local community‐based organizations, faith based institutions, and emerging grassroots collections of neighborhood activists and people with lived experiences working jointly to make change in their neighborhoods and comm
unities.

The service continuum is comprised of many significant partners, who provide a broad range of services.

These include:
 Housing developers and affordable housing providers
 Housing navigators, helping to find and maintain housing  Providers of emergency shelters and other temporary dwellings  Outrea
ch teams, providing a mobile, on‐site health, case management, and other services  Food pantries, meal programs, clothes pantries, etc. in fixed locations to meet basic needs  Health and behavioral health clinics
State and federal performance measures are tied to the types of activities that are within the purview of homeless ser
vices and include indicators based on successful outcomes, such as:
 The number of homeless people who obtain permanent housing  The number of homeless people who are placed into a rapid re‐housing program Exhibit 1
65 June 2022 City of Stockton Homeless Action Plan Page 9 of 37

 The length of time people experience homelessness
 Utilization of emergency shelter programs
 Effectiveness of outreach services, as measured by linkages to shelter or housing  The number of people who become newly homeless or return to homelessness Utilization of the Homeless Response System
Service Utilization, Over a 12‐Month Period
The SJCoC produces homelessness service utilization reports through the HMIS system. The current report covers a period from 4/1/2021 to 4/2/2022 (referred to below as “reporting period”). Whereas the PIT Count provides a one‐day snapshot of homelessness in the County, this data provides a much fuller understanding of service utilization across the SJCoC over a 12 ‐month period. Select findings from that report are summarized below.

During the reporting period, the SJCoC served 9,390 people, representing 6,741 unique households, of which 1,635 were chronically homeless.

Emergency shelter was the most utilized services, followed by street outreach, then permanent supportive housing or rapid rehousing (Figure 1).

Figure 1. Clients Actively Enrolled in Programs in San Joaquin County by Intervention Type

According to the HMIS reports, people who are Black or African American represent a larger enrollment in emergency shelter compared to the population experiencing homelessness. However, people who are white and people who are Black or African American have similar enrollment num bers in permanent supportive housing or rapid rehousing programs.

Exhibit 1
66 June 2022 City of Stockton Homeless Action Plan Page 10 of 37

Service Utilization, One Day in January
A local Housing Inventory Count (HIC) is completed annually on one day in January, in conjunction with the PIT Count. HIC data is reported annually to the Department of Housing and Urban Development and is an important component of local program monitoring. The report tallies the number of beds and units available on the night desi
gnated for the count by program type, and includes beds dedicated to serve persons who are homeless as well as persons in permanent supportive housing.

Emergency shelters: Any facilities that provide temporary shelter for the homeless and which do not require occupants to sign leases or occupancy agreements.

Total Sh
elter Beds Occupancy   Utilization Rate
San Joaquin County   1,161 804 69%
City of Stockton   554 338 61%

Rapid Re‐housing: Rapid Re‐housing (RRH) is a form of permanent housing that provides short‐term (up to three months) and medium‐term (4‐24 months) tenant‐based rental assistance and supportive services to households experiencing homelessness. RRH is intended for individuals and households tha t are unlikely to need long‐term support services to stay housed.

Permanent supportive housing: Permanent supportive housing (PSH) is an evidence‐based housing intervention that combines on‐going rental assistance with supportive services such as health and mental health care for chronically homeless households. PSH is i ntended for individuals and households that will likely need long‐term, ongoing support services to stay housed.

Location information is not available for RRH or PSH programs, because some programs operate on a voucher / rental assistance basis and location of the program (headquarters) is not reflective of where people are living.

Total Bed Capacity Occupancy   Utilization Rate
Rapid Re‐housing   290 290 100%
Permanent Supportive Housing   722 577 80%
All RRH units are fully utilized and the wait list to receive RRH services is long, as of April 1, 2022, there were 817 people enrolled and waiting for placement through RRH. Actual enrollments in RRH are lower somewhat lower than indi cated by the HIC data, which measures “beds,” inclusive of all individuals housed within a family unit. The SJCoC HMIS report shows approximately 150 enrollments in RRH programs in January 2022. Similarly, it reports approximately 450 enrollments into permanent supportive housing, somewhat lower than the bed count described by the HIC. Approximately 270 individuals are enrolled and waiting for placements in per manent supportive housing. It is also likely that
some of the capacity counted and reported through the HIC in January was pending a grand opening of a housing development at the time of the count, and while underutilized at the time is now more fully subscribed
.

Exhibit 1
67 June 2022 City of Stockton Homeless Action Plan Page 11 of 37

Service Utilization, Findings from a Survey of Unsheltered Individuals In 2021, the United Way of San Joaquin conducted a survey of 243 unsheltered individuals in San Joaquin County, among which 51% were residing in Stockton at the time the survey was taken. The survey, designed with the assistance of the University of Pacific (UOP) Center for Business and Policy Research and the San Joaquin County District Attorne y’s Office Research and Planning Unit, followed a scripted 15 minute interview to learn more about how people came to be homeless, the services they utilize, experiences on the streets, and how they describe their own health and wellbeing. The survey was administered by United Way with the assistance of the San Joaquin County Office of Edu cation – who placed the survey on a mobile application – and with the volunteer efforts of UOP students and Salvation Army staff to conduct the survey. Survey participants were compensated with a $20 gift card in honor of their ti me and generosity in sharing their stories. Data was compiled by the San Joaquin Data Co‐Op. A full report is pending and is due in late summer 2022.

In the survey, people living on the streets talked candidly about their experiences and decisions to stay unsheltered. Many respondents had utilized shelter services on occ asion (53% of survey participants) and indicated a myriad of reasons for not using shelters with more regularity. The most frequent issues described included past “bad experiences” or a feeling of being “not welcomed.” For people that had never used shelter services, reasons ranged from “not able to bring pet ” (24%); “not able to be with partner” (14%); and “safety concerns” (14%). Among those interviewed 34% have at least one pet, and many have two or more pets. Many respondents (39%) also reported having a spouse, partner, or friend that they trust who is usually with them.

Additionally, preliminary fi
ndings from the data suggestions:
 86% receive hot meals from a church program or dining room and 50% get meals frequently.  57% are CalFresh recipients (food stamps) and 64% get groceries from food pantries.  82% get hygiene supplies and other necessities from homeless outreach workers.  76% have health insura
nce and 55% have a doctor or clinic they go to if sick or hurt.  53% slept in encampments, 26% slept on the street, and 20% slept in a car during the past week.

Critically, many of those interviewed reported long stretches of homelessness, and discussed their frustration
and hopelessness in ever finding a permanent place to live (Figure 2).

Figure 2. About how long have you been homeless? (n=243)

8%
16%
30%
46%
Length of Time Homeless
Less than 3 Months
3 ‐ 12 months
1‐3 years
More than 3 years
Source: 2021 United Way of San Joaquin Encampment Outreach Study Exhibit 1
68 June 2022 City of Stockton Homeless Action Plan Page 12 of 37

Point in Time Count of People Experiencing Homelessness Findings from the Countywide PIT Count
The SJCoC 2022 PIT Count identified 2,319
individuals experiencing homelessness in the
County on the day of the count. Over half (58%,
n=1,355) were in unsheltered locations such as
on the street, in abandoned buildings, or in
other places not suitable for human habitation,
and 42% (n=964) were in sheltered locations—
emergency shelters or transitional hous ing
programs. The majority (79%) were individuals,
and the rest were people living in families with
children. Among the individuals counted, 72
were unaccompanied youth (people under the
age of 25 experienced homelessness on their
own) and 127 were veterans. There were 809 individuals experiencing chronic homelessness in the County duri
ng the 2022 PIT Count, representing 35 percent of the homeless population. Over 80 percent of individuals experiencing chronic homelessness in the County are unsheltered (Figure 3).

Figure 3. Total Number of People Experiencing Homelessness in the County in 2022 by Type

2,319
1,829
490
809
127 72
0 500
1,000
1,500
2,000
2,500
Overall Individuals People in
Families
Chronically
Homeless
Individuals
Veterans Unaccompanied
Youth

Source: 2022 SJCoC PIT Count
Point in Time Count: HUD requires CoCs to
conduct an annual local needs assessment in
the form of a Point‐In‐Time (PIT) Count. The
PIT Count identifies the number of individuals
and families experiencing homelessness on a
single day each January. PIT Counts provide a
snapshot of the extent and composition of
homeless popu
lations in their regions. In even
numbered years, the count is comprised of
people in shelters. In odd numbered years, the
count includes both sheltered and unsheltered
individuals. Unsheltered individuals are
counted by canvassing encampments and
locations frequented by homeless populations.

Exhibit 1
69 June 2022 City of Stockton Homeless Action Plan Page 13 of 37

Trends in PIT Count of Persons Experiencing Homelessness Figure 4, below, shows the PIT Count trend in homelessness in the County since 2015. Interpreting the year‐to‐year increases or reductions in homelessness is difficult due to significant changes in counting methodology of unsheltered homeless in both 2019 and 2022.3F3F iv
Figure 4. PIT Count of People Experiencing Homelessness in the County by Year

Source: 2015 & 2017 CA‐511 HUD PIT Report; 2019, 2022 SJCoC PIT Count Unsheltered homelessness rose rapidly between 2017 and 2019. Whereas most persons experiencing homelessness were sheltered in 2017, by 2019 the majority were unsheltered (Figure 2). The gap between sheltered and unsheltered persons remains relatively consistent from 2019 to 2022 (59% and 58%, respectively). Notably, there appears to be slight decline in the total num ber of people counted as homeless between 2019 and 2022, though additional data is needed to verify this finding. Additional key findings include:
 While nationally the number of veterans experiencing homelessness is declining, and some states and communities have reached functional zero for veteran homelessness, the percentage of persons experiencing homelessness wh o are veterans in the County remains relatively unchanged from the PIT Count in 2019 to 2022 (6% of total homeless in 2019 and 2022).  The percentage of individuals experiencing chronic homelessness has increased from 27 percent in 2019 to 35 percent in 2022. This means that more people exp eriencing homelessness stay unhoused for longer periods of time.
1,708 1,552
2,629
2,319
1,173 985 1,071 964
535
567
1,558
1,355
2015 2017 2019 2022
Total Sheltered Unsheltered
Exhibit 1
70 June 2022 City of Stockton Homeless Action Plan Page 14 of 37

City of Stockton PIT Count Findings
Stockton is the largest city in the county and the hub for many available services. As expected, most people counted as homeless through the PIT are located in Stockton (1,370 or 59%). The general trends of homelessness presented for the County above can be considered a close representation of the picture of homelessness on a single day in January in Stockton. Key findings in reviewing City specific data, include:
 Seven percent of individuals experiencing homelessness in the City were veterans (92 out of 1,370); 36 percent were experiencing chronic homelessness (491 out of 1,370), and 4 percent were unaccompanied youth (53 out of 1,370), similar to County trends.  Persons who are Black or African Am
erican are overrepresented among individuals experiencing homelessness in Stockton—comprising 28% of the City’s homeless population and 12% of the City’s population.
 While 44 percent of Stockton residents identify as Hispanic/Latino, this group makes up 31 percent of th
e City’s homeless population.
 Like the county, the state, and the nation, more males experience homelessness in Stockton than females (66% versus 34%).
 Just over one quarter (27%) of individuals experiencing homelessness in Stockton reported having a significant mental illness and the same percentage reported having a substance use disorder.

Feedback from Stakeholders
In March 2022, several discussions were held to gather input on how best to prioritize HHAP Round 3 funds. Commonalities and key priorities emerged in all groups, though the discussions with persons with lived experiences focused more on immediate service and housing needs and less on systems and capacity building activities. The need for affordable perm anent housing and permanent supportive housing was identified as the overwhelming priority, especially for those with medical and behavioral health concerns.
“This is a completely under‐resourced system”
Most of those interviewed strongly believe that the PIT Count, HMIS and CES were foundational to a successful system, but believed these systems supports lack sufficient funding, staffing, and resources to adequately meet expectations. Many recommended critical improvements to the fledgling service system. Specifically, that the HMIS was complicated and underutilized, and that outreach, training and support should be conducted to ensure that all services were counted in the system; the CES needs to be
more robust, and people need to be educated in accessing it; and the next PIT Count needs to be better organized, standardized, and funded.
“We don’t need more strategy; we need more resources”
People working in the homeless services system are pleased about the numerous people willing to work togeth
er to make change and excited about the new state and federal funding opportunities on the horizon. Although there are pockets of coordination and collaboration, the entire system is missing an overarching accountability structure. Better leadership and coordination on funding opportunities was Exhibit 1
71 June 2022 City of Stockton Homeless Action Plan Page 15 of 37

mentioned by several individuals. There is a sense that the CoC should be better organized with a more focused board and a narrower set of expectations and responsibilities for board members. Many stakeholders recommended dedicated staffing for the CoC, especially as it pertains to financial accountability, project monitoring, and coordination of effort across the all‐volunteer committees. “We need housing above all”
Increase availability. Waitlists for housing support can exceed two years, and once a housing voucher or rent support is made available, there are still no units within an affordable price range or willing to accept them as tenants. Service providers felt that in order to move people out of homelessness and into housin
g, the system will need to control a larger supply of housing. Under the current rental market, with a less than 2 percent vacancy rates, programs are paying costs significantly above market rents to house homeless individuals.

Case management to addr ess client needs. Individuals and families need more programming about how to manage and maintain housing, and how to break the barriers to obtaining housing. There is broad agreement that it is a misconception that persons experiencing homelessness do not want to work, though many experiencing homelessness said that lack of water for basic hygien e makes seeking and maintaining employment difficult. Overall, participants recommended more supports to prepare (including training programs), search, and apply for jobs.

Ensure the type of housing meets the unique needs of clients. “Safety, affordability, and stability” Both adults and youth stated that the type of housin g offered was less important than having long‐term, stable, affordable, and safe housing that is located close to services and resources. Individuals were willing to consider co‐housing situations as long as they had their own room with a door that locks to ensure their safety and the security of their belongings. Housing providers additi onally noted the need to be innovative around the types of housing and encouraged thinking beyond typical single‐family houses and apartments (i.e., tiny homes, renting rooms, converting unused hotels and motels to housing, pods, and individual and efficiency units, like dorms). “We have to choose between being separated, but sheltered; or togeth er, but unsheltered” Decrease barriers to access. Shelters should have sufficient capacity to accommodate the need. Shelters were perceived as being often full and being selective in determining who can stay. Couples with no children described choosing between living apart in a shelter or livin g together on the street.

Stakeholders felt that shelters were underfunded and needed larger facilities and more staff. Some participants described frustration at how long it takes to get help, reporting that they had been in shelters for so long, they had given up on getting help. In response, participants recommended that housing navigation services should be located within the shelters, not at an agency across town.

Additionally, youth recommended separate shelters for adults and youth.

Safe parking and camping are needed to provide some stability and personal safety. Safety and stability were two of the major concerns of individuals with expe rienced living on the street. Many had seen individuals, or were themselves, severely injured by automobile hit and runs, freezing weather, and violent crimes, including sexual assault. Harassment from the police were also cited as an additional danger. Stakeholders described the difficulties entailed in constantly having to move their camp site, especially for people with disabling health conditions. Participants described forced moves from areas Exhibit 1
72 June 2022 City of Stockton Homeless Action Plan Page 16 of 37

of (relative) safety to more precarious locations or further from needed services. They expressed a need for a fenced area to be left alone to sleep. With the lack of housing, many unsheltered persons expressed an aspirational goal of saving money to get an RV and expressed a need for a safe, monitored place to park.

Scarce opportuniti
es for youth experiencing homelessness. Youth and young adults interviewed were exuberant in their praise of a few service providers with special expertise in working with youth.

However, youth were more critical of other agencies without a similar mission. Some participants expressed a sense that mainstream service providers “weren’t inte rested in helping” youth and that there was a bias or prejudice against them that made the process more difficult. Access to therapy and mental health services was described as pivotal and participants recommended incorporating behavioral health interventions in all youth serving programs.

The SJCoC Youth Action Board identified a workforce capacity need around cul tural competency.

Specifically, that funds be made available for required and specific, trauma informed trainings to address the inequities, disparities and dynamics of youth experiencing homelessness. They also stated the need for additional program monitoring to ensure service providers are meeting program objectives and adhering to pract
ice guidelines, including those focusing on addressing trauma and disparities.

Finally, youth with lived experiences in homelessness suggested that youth be given priority for housing, due to their vulnerabilities, lack of credit, income, and rental histories. They suggested that transitional housing programs would allow youth to live safely while buildi ng credit and housing histories.

Achievements: New and In the Pipeline
In the two years since the 2020 Strategic Plan was adopted, collaboration between public and private organizations involved in plan development has resulted in notable accomplishments.4F4F v
Expanding Housing Opportunities
Some of the new Stockton‐based, permanent housing projects for homeless individuals, recently developed or in the pipeline, include:
 Town Center Studios: In 2020, the City approved $4.2 million in match funds for a motel conversion project jointly developed by STAND Affordable Housing and Central Valley Low Income Housing. The resulting projec t, Town Center Studios, has 20 rehabilitated units with an additional 20 units in development.
 Crossways Residences: The City has partnered with the Housing Authority of San Joaquin and County Behavioral Health by providing strategic funding for 42 permanent supportive housing units for individuals with severe mental illness. Mental Health Serv ices Act funds were also used in the rehabilitation and operation of the three housing facilities.  Sonora Square: The City has partnered with the Housing Authority of San Joaquin and County Behavioral Health by providing strategic funding for a 37 unit apartment building to house people with serious ment al illnesses who are struggling with homelessness. The project includes funding from California’s No Place Like Home program.

Exhibit 1
73 June 2022 City of Stockton Homeless Action Plan Page 17 of 37  Park Center Residences: The Housing Authority has recently gained approval to begin construction of 51 housing units for people with serious mental illnesses in close proximity to the public library and other municipal services.
 Calaveras Quarters Project: An application to the State of California for Homekey Housing funds was recently approved with matching City and County fundi ng. The project will convert a 121 room motel into 68 one‐bedroom apartments for extremely low‐income households and homeless youth.

Expanding Services
New and expanded service and supports are also being created throughout the City, including:
 Progressive Housing: Stockton Self‐Help Housing and County Behavioral Health developed scattered‐site Permanent Supportive Shared Housing facilities for over 60 individuals with severe mental illness who were homeless or at risk of homelessness. The City provided HHA P funding for additional services. Mental Health Services Act funds are used for operational costs.  Stockton Shelter for the Homeless (SSH): Stackable, modular units are currently under construction for Stockton Shelter for the Homeless. Upon completion, the facility will provide 180 new low‐barrier shelter beds and a navigation center offering substance us e disorder treatment services, mental health services, case management, and housing navigation services.  Navigation Services: The City provided strategic funding to the Family Resource and Referral Center to update its 211 call center to better assist homeless individuals locate and access the services they need and support th e development of a CES.  Assessment and Respite Center: The City Economic Development Department and Police Department have partnered with Community Medical Centers and County Behavioral Health on the establishment of an Assessment and Respite Center for homeless individuals in need of mental health care, substance use disorder treatment (in cluding medication‐assisted treatment for opiates), and a safe place to stay during assessment and initial treatment. The Economic Development Department provided strategic funding for the facility and Stockton Police provides on‐going referrals through its Law Enforcement Assisted Diversion program.  Homeless Outreach Team (HOT): Stockton Police and Fire Departments partn er with a number of public and private organizations on a multi‐agency HOT to ensure that homeless encampments were safe, to provide health care and behavioral health services, and to encourage individuals to move to shelters or housing. Partners include County Behavioral Health Services, Whole Person Care teams, Community Medical Centers, San Joaquin County District Attorney’s Of
fice, and County Public Health Services.

Exhibit 1
74 June 2022 City of Stockton Homeless Action Plan Page 18 of 37

Strengths and Challenges
Delivery System Strengths and Challenges

The service system has many strengths. The SJCoC is well attended and there are many partners willing to collaborate. The 2020 Strategic Plan was adopted by every major city within the County and serves as a framework for coordination and collaboration.

Partners across the service system have solid agreement on the use of a CES, HMIS , and the Housing First model. There are many diverse service providers available and new state funding is scheduled to become available. New and expanded shelters are being developed and new navigation centers are being established.

There are also a number of challenges in the service system. Data shows that the workload is increasing and poin
ts to some opportunities for improvement. Homelessness increased 37 percent between 2015 and 2019. There was a large increase in the number of unsheltered individuals between 2018 and 2020, yet there is also a high vacancy rate at emergency shelters. Black or African Am ericans are disproportionally affected by homelessness
The service system is complex with numerous services, all with their own eligibility requirements. The CES is not fully operational, and many find the system very difficult to navigate. The CES needs to be welcoming and responsive to youth and to disproportionally impacted populat ions.

The service system is also underfunded and under‐resourced. There is a need for sustainable long‐term operational funding for homeless assistance activities. The HMIS is viewed as complicated, underutilized and needing higher levels of funding to produce quality data. The 2022 PIT Count widely thought to be inaccurate due to not being standardi zed and not reaching all areas. Service coordination could be

Exhibit 1
75 June 2022 City of Stockton Homeless Action Plan Page 19 of 37

improved to reduce duplicate services. The region would benefit from better leadership and coordination around funding opportunities.

There is no common understanding of equity issues or actions to address them. The service system could benefit from additional discussions and workforce training in the areas of trauma and cultural competency.

Housing and Services Strengths and Challenges

Similarly, the Housing Service System has many strengths. There has been strong multi‐agency and muti‐ jurisdictional coordination on the development of permanent housing and permanent supportive housing. Many new affordable housing and permanent housing units are under development. The public housing authority is active and engaged.

The challenges of the Housing Servic e System fall to both emergency shelters and to permanent housing. Emergency shelters are underfunded and understaffed. Not all shelters follow Housing First practices. There is a need for shelters that are clean, safe, allow people to live with their partners and pets, and have a place to store their pos sessions. Shelters would benefit from capacity building to address how to safely incorporate Housing First practices in their operations. The goal of emergency shelters should be to exit people to permanent housing, but only a very small percentage do.

Permanent housing is in very short supply and there are long waitlists. Many individuals are unable to access
permanent housing due to restrictive eligibility requirements and qualifications. Rapid rehousing programs are facing challenges as landlords are no longer willing to rent to very low‐income families and/or individuals that participate in subsidized housing assistance programs. There is a great need for permanen
t supportive housing due to the large proportion of unsheltered individuals with mental health and physical health conditions.

Exhibit 1
76 June 2022 City of Stockton Homeless Action Plan Page 20 of 37

3. Resource and Investment Landscape

Types of Funding Allocated Towards Homelessness
Funds received by the City of Stockton, from both federal and state sources, are divided into two categories: One‐time funds for special purposes and ongoing funds that can sustain operations.

Currently, the City of Stockton is planning on using a variety of one‐time funds for specific purposes.

These include:
 American Rescue Plan
Act (ARPA): The City of Stockton is allocating nearly $12 million in ARPA and $6 million in HOME‐ARP grant funds for projects to address housing and homelessness.

Pivotally, these funds are being applied as matching funds for new affordable housing developments for extremely low‐income households and as operational funds for low‐barrier shelters and safe camping
or parking projects.
 Homekey Grants: Homekey is a statewide initiative to rapidly expand housing for persons experiencing homelessness or at risk of homelessness. Competitive grant funds are available to develop a broad range of housing and/or to convert existing buildings into perm anent housing.

The City of Stockton has submitted three applications in partnership with local developers and community partners. The Round 1 submission was approved and creates 40 units of permanent supportive housing. Of the two other projects submitted for Round 2, one has been approved and one is conditionally approved. Wh ile Homekey brings in new resources, awards are conditional upon local match funding, the City of Stockton applied ARPA funds and HHAP Round 2 funds as matches to the planned projects.
 Homeless Housing, Assistance, and Prevention (HHAP) Program Grants, Rounds 1,2, 3, and 4:

Established by the Legislature (AB 140), HHAP provides non‐ competitive grants to Counties, Continuums of Care, and the 13 largest California cities, including Stockton, in accordance with the number of homeless persons that are located in the community. Grants are slated to be released in four rounds and must be spent according to criteria established by the le gislature.

Stockton has received the first two rounds and is planning for the release of Rounds 3 and 4.

This Homeless Action Plan is a requirement for Round 3 funding.

Starting in 2024‐25, funding becomes less certain, and by 2027‐2028, the only anticipated funding is through ongoing federal allocations via HOME, Com
munity Development Block Grants, and Emergency
Solutions Grants, for a total of approximately $2.5 million. The availability of additional funds through renewed state and federal grant applications is likely, though not certain. Additionally, the State Legislature appears to be exploring mechanisms to create a permanent fundi ng source for homeless and housing related projects across the state, including a slate of new measures proposed for the November ballot that could increase state tax revenues.

Planned Revenues and Expenditures: July 2022 – June 2028 The figure below, shows only those revenues that are currently secured, meaning those revenues that are guaranteed to be received. With no additional revenues by 2027‐2028, the only funds coming to the City to address homelessness are long standing federal funds, including federal HOME investment Exhibit 1
77 June 2022 City of Stockton Homeless Action Plan Page 21 of 37

partnership block grants, Emergency Solutions Grants (ESG), and Community Development Block Grants (CDBG). ESG and CDBG funds are primarily for emergency support services for homeless individuals, including food and meal programs, mobile outreach, and emergency tenant assistance to prevent homelessness. HOME block grants are used to stimulate affordable housing production.

Figure 5. Secured Rev enues, All Available State and Federal Funds

This Action Plan charts a course for the City as it contemplates both existing (secured) funds and any potential (anticipated) new revenues that may come in the future. As a framework the Action Plan looks to achieve the following:

A. Meet the Vision, Directive, and Goals de scribed in the Guiding Principles of Page 4.

B. Achieve objectives through careful stewardship of available funds, and only commit to projects that can reasonably be sustained over time.

The multi‐year Budget Guide, included in Section 5 below, charts a potential course for City expend
itures given goals and objectives. Notably, the budget recommends that 61% of anticipated funding be directed to one‐time housing development projects, another 5% of funds is allocated to short‐term capacity building projects and $2.3 million to shelter construction. These projects, totaling nearly $40 million, account for a large portion of anticipate d one‐time funds. $‐
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
$10,000,000.00
$12,000,000.00
$14,000,000.00
$16,000,000.00
$18,000,000.00
2022 ‐ 2023 2023 ‐ 2024 2024 ‐ 2025 2025 ‐ 2026 2026 ‐ 2027 2027‐2028 FY 2022‐2023 through Fiscal Year 2027‐2028
$56,000,000
End HHAP
Round 1
End HHAP
Round 3
End ARPA
Funds
End HHAP
Round 4
Exhibit 1
78 June 2022 City of Stockton Homeless Action Plan Page 22 of 37

Figure 6. Funding Plan, All Available State and Federal Funds

Of the remaining $16 million in funding available over the next six years, $12.7 million is allocated to shelter operating subsidies, tenant assistance, and emergency assistance. Of this amount over $9 million is allocated to operating subsidies for new projects (both shelter expansions and a safe cam ping or parking site) and must be spent within five years, or by the end of FY 2026‐2027. This provides an annual allocation of $1.8 million to contribute to operations for existing, as well as the 300+ planned new low‐barrier shelter beds and approximately 50 safe camping or parking sites.  Allocated funds are insufficient to meet shelter projects as scoped.  This Action Plan does not identify funds to sustain shelter operations over time.

The City anticipates that new sheltering and camping projects alone will likely require $6 million in dedicated funding, annually, to sustain operations. Th ough funding is not identified at this time, the City is making every effort to work in partnership with regional partners, community leaders, and program staff to develop a long‐term sustainability plan for emergency sheltering projects.

HHAP Budget Summary
New allocations of Homeless, Housing, Assistance, and Prevention program funds are anticipated in 2022 and 2023. These funds must be spent by June 2025 and 2026, respectively. Each funding Round will bring $7.9 million dollars to the City for a total of just under $16 million. Consistent with broader funding objectives, the largest proportio n of HHAP funds is allocated toward housing development.

Clear recommendations from the State of California, echoed consistently by program stakeholders and people with lived experiences encouraged this investment in the development of permanent housing solutions to enable exits out of homelessness. Recommended allocations for HHAP funds are as follows:

Exhibit 1
79 June 2022 City of Stockton Homeless Action Plan Page 23 of 37 Figure 7. HHAP Round 3 Allocations

Finally, it is recommended that the HHAP Round 4 funds be applied consistent with the funding plan for HHAP Round 3 and as described in this Action Plan.

Additional information about the goals and strategies and how resources will be invested is included in the following section.

4. Action Plan: Goals and Strategies

The following sections describe the measurable objectives and outcomes goals adopted by the City, in coordination with the collaborative applicant, to address homelessness within the City and to drive results across the region. The specific outcome goals listed below are reasonable and feasible targets based on planned City investments. Baseline metrics, adopted from HDIS data , are for the region as a whole. Targeted reductions or increases represent the City’s anticipated contribution to the regional effort. A detailed, and actionable set of strategies follows. Strategies are framed within the context of the larger strategic plan goals and include detailed information about the current status of the efforts to meet plan goals and p
lanned activities through upcoming HHAP allocations, as well as other state and federal funding. This report concludes with a budget chart showing all current and anticipated expenditures, by funding source, to achieve the City’s outcome goals.

7%
14%
48%
24%
7%
31%
FY 2022‐2023 through Fiscal Year 2024‐2025
$7,890,000
Administration
Capacity Building
Housing Development
Operating Subsidies (Shelter)
Operating Subsidies (Housing)
Exhibit 1
80 June 2022 City of Stockton Homeless Action Plan Page 24 of 37

Measurable Objectives
Outcome Goal 1A: Reducing the number of persons experiencing homelessness.  Reduce 5%
Baseline: The annual estimate of the number of people accessing services who are experiencing homelessness for San Joaquin County is 8,034, according to HDIS data from the State of California.

Approach: Through local investments, the City of Stockton anticipates up to 200 units of affordable housing and 50 units of permanent‐supportive housing will be developed. It is anticipated that each unit will house 1‐2 people for an average of 1.6 persons per unit. This will reduce the number of people experiencing homelessness by approximately 400 individuals, or 5% of 8,034.

Outcome Goal 1B: Reducing the numb er of persons experiencing homelessness on a daily basis.  Reduce 15%
Baseline: The daily estimate of the number of people experiencing unsheltered homelessness in San Joaquin County is 1,558, according to HDIS data from the State of California.

Approach: The City of Stockton is working with program partners to open over 300 new low‐barrier shelter beds. On a daily basis it is anticipated that 240 additional individuals will be accessing shelter services, or 15% of 1,558.

Outcome Goal 2: Reducing the number of people who become homeless for the first time.  Reduce 5%
Baseline: The annual estimate of the number of people who become ho meless for the first time in San Joaquin County is 3,520, according to HDIS data from the State of California.

Approach: Recent City investments of over $40 million in rental assistance funds may contribute to lowering first‐time homelessness within the County. Additionally, the City will continue to maintain rapid re‐housing programs and support fair housing advocacy organizations to help tenants resolve situations and prevent evictions.

Outcome Goal 3: Increasing the number of people exiting homelessness to permanent housing.  Increase 18%
Baseline: The annual esti mate of the number of people exiting homelessness and into permanent housing throughout San Joaquin County is 833, according to HDIS data from the State of California.

Approach: As discussed above, 200 units of new affordable housing targeting homeless individuals are in development. It is anticipated that most individuals who occupy the new units will be homeless, either unsheltered or living in temporary accommodations or shelters, immediately prior to occupancy.

Exhibit 1
81 June 2022 City of Stockton Homeless Action Plan Page 25 of 37

Outcome Goal 4: Reducing the length of time persons remain homeless.  Reduce 10%
Baseline: On average it takes 72 days between enrollment into in street outreach, emergency shelter, transitional housing, safehaven projects and move‐in for persons entering rapid rehousing and permanent housing in San Joaquin County, according to HDIS data from the State of California.

Approach: Through investments in the CES and HMIS, the City hopes to streamline processes and quickly move people into housing. More critically, the City seeks to reduce the proportion of people who report being homeless for five or more years from 26% to 20%.

Outcome Goal 5: Reducing the number of persons who return to homelessness after exiting homelessness to permanent housing.
 Reduce 2%
Baseline: Currently, 10% of those housed in perma
nent housing throughout San Joaquin
County return to homelessness, according to HDIS data from the State of California.

Approach: The City anticipates completion of several permanent supportive housing units within the next few years, adding 50 new PSH units to the community. These units are paired with mental health case managers who work intensively with clients to manage medications, control behaviors, and stabilize within their homes. With intensive case management and support it is anticipated that more individuals will successfully maintain their housing. Additionally
, the City is committing $200,000 annually to housing providers for onsite case managers and other operating supports as needed to help newly housed tenants stay securely in their homes.

Outcome Goal 6: Increasing successful placements from street outreach.  Increase 1000%
Baseline: Annually, the State estimates that only 2 people served by street outreach projects exit to emergency shelters, safe havens, transitional housing, or permanent housing destinations. Local stakeholders are confident that this figure is an undercount.

Approach: Through funding investment in the HMIS data system, the City anticipates that the number of outreach organizations entering complete service and outcome data into the HMIS will increase. Correspondingly, the City anticipates that at least 200 people annually will be referred to shelters or other housing programs by outreach teams.

Exhibit 1
82 June 2022 City of Stockton Homeless Action Plan Page 26 of 37

Goal 1: Establish a Coordinated and Engaged Regional System of Care Strategy 1.1: Establish a Cross‐jurisdictional Effort to Create Shared Processes to Access Funding Streams, Identify Community Priorities, and Coordinate the Countywide Homeless System of Care Strategy 1.2: Improve Data Collection, Measurement, and Analysis Strategy 1.3: Educate and Engage the Community
Capacity Building
A. Participate in regional efforts to build a homeless system of care Current status: The City participates in a range of regional collaborations to build a system of care with representation on the governing board of the San Joaquin Continuum of Care and most of its committees. The City also works in strategic partnerships with other local municipalities and the County of San Joaquin on various committees and initiatives to address issues pertaining to housing, economic development, youth services, and other areas pertinent to preventing ho
melessness and maintaining housing.

Planned Actions: Continue participation in regional collaborations and initiatives. Procure technical assistance as needed.

B. Strengthen City policies and practices to optimize performance‐based distribution of City funds Current status: The City is committing to three major approaches to funding: 1) a commitment to equity; 2) a commitment to Housing First principles; and 3) a commitment to using performance measures to manage grant funded activities and achieve desired results. Additional work is needed to optimize City policies and practices around the distribution and review of funds and to ensure that City policies align with desired objectives and bes
t practices.

Planned Actions: The Economic Development Department will oversee the distribution of homeless and housing grant funds and work in collaboration with the City Manager’s Office, the City Attorney, and other departments to review policies and make recommendations.

C. Support local organizational capacity building
Current status: Equitable access to housing and resources for everyone experiencing homelessness remains a major concern. At the forefront of the issue are the experiences of single black or African American men who are disproportionately homeless, homeless for longer periods of time, and make up a larger number of those homeless than their counterparts. There are many others that have difficulties getting services and supports including youth, veterans, those with English as a second language , those fleeing violence
and abuse, and those with multiple co‐existing health and/or behavioral health issues.

The City is working to promote grassroots organizations and emerging neighborhood solutions to address homelessness within communities that are disproportionately experiencing homelessness. Focus group findi ngs include numerous stories of people reaching out for assistance and not getting the support or information necessary to get Exhibit 1
83 June 2022 City of Stockton Homeless Action Plan Page 27 of 37

assistance in a timely manner. The vision of the coordinated entry system is that there is no wrong door for entry; correspondingly there needs to be more places, opening more doors, in ways that are familiar, welcoming, and understood by the people seeking assistance.

Another concern is the lack of available affordable housing in divers e communities. There needs to be access to housing in locations people feel comfortable, near extended family members, and in locations where they have the social supports to be successful.

Community based organizations and service providers are interested in developing agency capacity to scope, develop, and manage housing projec ts. By investing in local organizational capacity building, the City can help incubate the next generation of housing developers in the region.

Planned Actions:  The City will invest in organizational capacity building to enhance services and to support local non‐profit housing development for underserved and inappropriately served homeless individuals through measures such as staff and executive trainings, technical assistance, fiscal sponsorship and incubator programs, and other efforts to promote the professional growth and capacity of organizations. Additionally, the City will continue to award contracts according to those proposals that best meets need, not lowest bid, for homeless services. It is the City’s intention to recognize talent, experience (including lived experience), and capacity and it will look for organizations that have the best resources to meet needs and support a Housing First framework.
 Funding source:  Homeless Housing A ssistance Program Round 3, 4 Coordinated Entry
D. Invest in the development and maintenance of a coordinated entry system Current status:  A coordinated entry system is intended to provide a fair and easy way for homeless individuals and families to access emergency sheltering and housing resources.  A newly developed CES system is piloting operations for placement into rapid re‐housing and voucher based (rental assistance) programs. Over the next several years there is a strong interest in expanding the reach of the CES to include sheltering and permanent housing units.

Planned actions: The City of Stockton will match funding investments by the collaborative applicant into Coordinated Entry, up to an amount of $30,000 annually for the purposes of program development and expansion, program staffing and operations, and program technical assistance for the development of policies, practices, and agreements in accordance with best practice and approved by the CoC.
 Funding source: Homeless Housing Assistance Program Round 3, 4 Point‐in‐Time Count
E. Invest in the development and implementation of a comprehensive point‐in‐time count methodology and survey analysis

Exhibit 1
84 June 2022 City of Stockton Homeless Action Plan Page 28 of 37

Current status: The federally mandated Point in Time (PIT) Count of homeless individuals is widely regarded as critical for understanding the trends pertaining to the types of individuals and families experiencing homelessness. The infrastructure to organize, conduct, and analyze a PIT is extensive and unfunded; driven by volunteers and donations. This has resulted in inconsistent methodologies from year to year and as compared with other jurisdictions.

Planned ac
tions:  The City of Stockton will match funding investments by the collaborative applicant into point‐in‐time count processes, up to an amount of $50,000 for the purposes of engaging and recruiting participants to assist in the count efforts, to develop and standardize the methodology, plan and coordinate site maps and survey routes, analyze and communicate results and findings as required by HUD, and develop a City specific analysis.  Funding so
urce:  Homeless Housing Assistance Program Round 3, 4
Data and HMIS
F. Strengthen City capacity to obtain and analyze data and information Current status:  The City is committed to using data analytics to inform decision making, provide public transparency, and promote good governance. The Office of Performance and Data Analytics (OPDA) was established in May 2020 for the purpose of driving integrated performance management across City departments. OPDA is working in close coordination with the HMIS Lead Agency to develop City specific data sets and analytics. Consulting and technical assistance may
be procured through OPDA or other City departments to continue to develop and refine Stockton specific information as needed to enhance and support program services.

Planned Actions: Continue investments in the Office of Performance and Data Analytics.

G. Invest in the development and maintenance of the homeless management information system Current status: The HMIS is managed by a lead agency with nominal funding sufficient to cover costs associated with licensing fees. Use of the HMIS has increased in recent years with the expansion of the homeless system of care. While some agencies enter data routinely and consistently, there remain concerns about utilization of the HMIS by others.

Recent investments have led to the creation of an HMIS report an d the development of new policies for the release of de‐identified data to local governmental agencies for the purpose of planning and coordination of efforts.

Planned actions: The City of Stockton will match funding investments by the collaborative applicant into the HMIS system, up to an amount of $30,000 annually for the purposes of hiring and maintaining dedicated staff to monitor and clean data coming into the HMIS system, train and engage new and continuing users, and to provide data analytics as approved through the SJCoC.
 Funding source: Homeless Housi ng Assistance Program Round 3, 4

Exhibit 1
85 June 2022 City of Stockton Homeless Action Plan Page 29 of 37

Goal 2: Increase Access and Reduce Barriers to Homeless Crisis Response Services Strategy 2.1: Expand Low‐Barrier Shelter Capacity, Hours, and Services Strategy 2:2: Invest in Prevention
Strategy 2.3: Improve and Expand Outreach and Engagement Shelter Operations
H. Invest in the development of low‐barrier shelters
Current status: There are currently seven organizations operating 26 emergency shelters in the Stockton area, with two programs serving youth, five serving women and families, and 15 small scattered‐site programs with five or fewer beds for special populations. Of the remaining four programs for single adults, two have high barriers and two have lower barriers to entry. The total bed capacity for Stockton area shelters is 554.

Planned ac
tions: There are several sheltering projects in the planning and development phase. The Stockton Shelter for the Homeless plans an expansion of an additional 180 low‐ barrier beds and a navigation center. Prior HHAP funds have been allocated for construction. The Gospel Center Rescue Mission plans an expansion of 175 beds for a high‐ barrier sober living program. Prior County funds have been alloca ted for this purpose. The City of Stockton is also seeking to procure funding and an operator/developer for an additional 125 bed low‐barrier program and a safe camping or parking site.  Funding source: Homeless Housing Assistance Program Round 1  Funding source: American Rescue Plan Act
I. Provide operating subsidies for Stockton area shelters Current s
tatus:

The four projects described above will increase the total sheltering by an additional 500 beds, accommodating 80% of the individuals identified as experiencing unsheltered homelessness and cap out planned build‐outs. With new shelters being developed in nearby cities it is anticipated that Stockton will cease to be a regional draw for homeless individuals to find resources and supp
orts as more services become available across a wider portion of the County.

Planned actions: Provide operating subsidies for low‐barrier shelters, safe camping or safe parking sites serving homeless individuals within the Stockton area. Provide operating subsidies for other shelters serving youth and young adults. Funding may be applied to maintenance and repairs to maintain the useful life of shelters. The City will request that shelter programs work with selected technical experts and capacity partners to ensure that low
‐barrier shelter programs are entering data into the HMIS, implementing best practices, and providing navigation and other supportive services for the purpose of obtaining permanent housing. All shelters receiving City funds for operations will be asked to submit a five‐year Supportive Services Plan that describe anticipated revenues and ex penditures (financial plan) and outlines how shelter program staff will work with clients to address Exhibit 1
86 June 2022 City of Stockton Homeless Action Plan Page 30 of 37 barriers to housing using the principles of Housing First (operations and navigation).

Support Services Plans should also include any agreements with partners agencies to address a broader range of health and safety needs of those who are homeless.  Funding source: Homeless Housing Assistance Program Round 3, 4  Funding source: American Rescue Plan Act
Tenant Assistance
J. Provide emergency rental assistance and tenant services to prevent evictions Current status: The City received approximately $40 million in federal Emergency Rental Assistance (ERA) Program funds to prevent COVID related evictions. Over the past two years, over 5,000 households have received assistance to stay in their homes, averting homelessness. Funding will be exhausted by the end of the 2021‐2022 Fiscal Year.

Planned actions: Preventing homelessness is a critical strategy, however state and federal programs to prevent evictions are ending. The City will continue to seek and identify funding to provide rental assistance and prevent evictions.

In lieu of new state or federal resources for rental assistance programs, the City will focus on other prevention strategies, such as working with local neighborhood organizations to provide information about tena nt’s rights, tenant/landlord mediation services, assistance in benefit applications, and other services to promote financial and housing stability.  Funding source:  Community Development Block Grant,
 Funding source:  Homeless Housing Assistance Program Round 1 Meet Basic Needs
K. Deliver food, hygiene, and other basic needs to unsheltered homeless individuals Current status:  The City provides operational support funds to various programs providing food, meals, hygiene, and other basic necessities for those that are homeless. The City is also upgrading the infrastructure of local public spaces with new self‐cleaning restrooms that are accessible for all. Organizations that provide food, meals, and other basic needs, such as showers or laundry services for the homeless, are an integral compone nt of the City’s outreach and engagement strategy. Each contact is an opportunity to build rapport and gain trust in the individuals who are addressing people’s needs, where they are at.

Planned actions: The City will continue its support of local organizations that conduct outreach and engagement to the homeless while meeting basic needs. This can include services that occur within local encampments, as well as activities that occur through a fixed location such as a meal program or programming designed specifically for youth and young adults. It is expected that programs enter contact data into the HMIS , implement best practices, and provide navigation and other services to link clients to shelters and housing.  Funding source: Community Development Block Grant
 Funding source: Emergency Solutions Grant

Exhibit 1
87 June 2022 City of Stockton Homeless Action Plan Page 31 of 37 Goal 3: Ensure Households Experiencing Homelessness Have Access to Affordable and Sustainable Permanent Housing
Strategy 3.1: Increase Affordable Housing Stock for Vulnerable Adults, Youth, and Families Strategy 3.2: Invest in Landlord Engagement, Navigation, and Incentives Strategy 3.3: Provide Operating Subsidies to Promote Housing Stability Affordable Housing Development Grants
L. Affordable Housing Development
Current status: The City of Stockton is working to jump start a range of housing opportunities, including affordable housing for low and moderate income households and permanent housing reserved for those that are homeless. A diverse range of housing options is necessary for the economic health and wellbeing of the City. More housing opportunities are needed at all income levels, especially those that are affordable to low‐ and‐moderate‐income households. To
o many households in Stockton are rent burdened,
new units of all types will hopefully cool the rate at which rents are increasing.

Additionally, the City recognizes that market conditions alone will not result in housing for those that are homeless and perennially housing insecure. Partnerships with local developers to creat
e more units for those that are very‐low income and those that are supported through housing vouchers are necessary. Project Homekey, a State of California grant program, provides funding to build permanent housing for those that are homeless.

Local match funds are an expected component of the Homekey application process, and th e City understands that it is important to work in partnership with local developers to plan, prepare, and finance new housing opportunities.

Finally, it is well understood that housing development of any sort, including the renovations proposed through Project Homekey, take an enormous amount of time and resources. Put simply, the City can
not build its way out of a homeless crisis in a timely
fashion. Therefore, in addition to housing development it is important to build a portfolio of existing properties that are available for housing people who are homeless. Over the past several years the City has inve sted in a range of landlord engagement programs to little effect. The majority of the rental subsidies approved for homeless individuals are unspent because landlords are unwilling to rent to those with poor credit histories and, potentially, a record of a prior eviction. The rental market is very strong, and la ndlords will choose the best possible candidate for tenancy. New strategies are needed to create a larger portfolio of available properties for lease by those that are experiencing homelessness.

Planned actions: The City will create a reserve fund for the delivery of permanent housing.

Funds will be available as match grants for affordable and permanent housing grant Exhibit 1
88 June 2022 City of Stockton Homeless Action Plan Page 32 of 37 applications. All City funded new affordable housing development have a homeless and at risk of homelessness set aside of 20%. Eligible uses of funds will include:

 Grants for acquisition of properties where the purpose of the project is to develop new or renovated affordable housing for individuals and families experiencing chronic homelessnes
s who report earning 30% or less of area median income.  Match funds for affordable housing development where the purpose of the project is to develop new or renovated affordable housing that can be leased to households at 60% or less of area median income.
 Match funds for permanen t housing where the purpose of the project is to develop new permanent housing opportunities for people who are homeless or at chronic risk of homelessness who report earning less than 30% of area median income and who will likely require subsidies to remain housed.
 Grants for the multi‐year lease of existi ng dwellings that will be sublet to those that are homeless with wraparound support services. Master lease projects can be for short‐ term rapid‐rehousing rentals or for long‐term permanent co‐habitation homes for those experiencing chronic homelessness or other needs as suits the City’s purpose. The purpose of the master lease program is to substantially expa nd the number of units
controlled by landlords willing to accept and house those that are homeless. Grants for master lease housing programs will be paired with housing support services funds.  Grants for housing specifically reserved for youth and young adults ages 24 and younger experiencing homelessness.
 Grants for housing specifically reserved for individuals or families fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking.  Match funds for affordable housing development, where the purpose of the project is to develop new affordable housing stock that can be sold to households at 80% ‐ 120% of area median income.
 Funding source:  Homeless Housing Assistance Program Round 2, 3, 4  Funding source:  HOME, HOME‐ARP Program
 Funding source:  American Rescue Plan Act
Rapid Rehousing
M. Rapid Rehousing Program
Current Status:  The City has invested approximately $785,000 in funding for rapid re‐ housing programs through Emergency Solutions Grant Funds and HHAP Round 1. While there are several years still remaining on the time to spend down the funds, recipients report trouble in spending funds as anticipated due to landlord reluctance to accept individuals and households deemed eligible for the program.

Planned Actions: The City will continue to monitor th e funds allocated and the effectiveness of the local strategy. Rapid re‐housing is widely acknowledged as being an effective strategy to reduce homelessness. Under rapid re‐housing programs households experiencing homelessness, typically due to a financial crisis, are re‐housed with rent subsidized for a brief period of time until the household can recover from their financial crisis and maintain Exhibit 1
89 June 2022 City of Stockton Homeless Action Plan Page 33 of 37 housing on their own. Within San Joaquin County, the limited supply of rapid‐rehousing units is primarily reserved for families with children.

 Funding source: Homeless Housing Assistance Program Round 1  Funding source: Emergency Solutions Grant
Housing Support Services
N. Provide operating subsidies in affordable or supportive housing units.

Current Status: People who are homeless have access to a range of existing entitlement programs available through County Health and Human Services Agencies, including Cal Fresh; general relief; CalWorks; and MediCal funded health and behavioral health care services. People with chronic and persistent illnesses and challenges will often be assigned a case worker to help them navigate benefit assistance and access available services.

City funding is intended to fill gaps not addressed through the pu blic safety system by providing specific housing stabilization services for homeless individuals placed in permanent housing programs that do not otherwise have access to case management and housing stabilization services.

Planned Actions: Grant funds will be granted to permanent and rapid re‐housing programs to provide housing case management services. Housing case managers are intended to help clients maintain their existing housing and to help them plan for their next housing opportunity. Typically housing case management includes education and training on landlord and housing expectations, assistance in developing a budget and financial plan and building a credit history, and assistance in developing employment skills, obtaining, and maintaining employment. For youth and young adults, additional skill building may also be required to prepare youth for independent living. All funding is tied to the delivery of permanent housing for homeless.
 Funding source: Homeless Housing Assistance Program Round 3, 4

5. Budget Chart Guide: FY 2020‐2021 through FY 2027‐2028

The Budget Charts on the following pages provide a guide for the City of Stockton in considering future use of funds. This chart is intended simply as a guidepost for grantmaking. Actual expenditures are anticipated to shift over the next six years as conditions evolve and new funding becomes available.

The charts also respond to a requirement of the Califo rnia Homeless Coordinating and Financing Council to develop a Local Action Plan which “identifies all funds, including state, federal, and local funds, currently being used, and budgeted to be used, to provide housing and homelessness related services to persons experiencing homelessness or at imminent ri sk of homelessness, how funding serves subpopulations and what interventions are funded through these resources.” 5F5F vi
Exhibit 1
90 June 2022 City of Stockton Homeless Action Plan Page 34 of 37

Current and Draft Allocations: Future allocations may shift in response to needs as they arise.

Goal 1: Establish a coordinated and engaged regional system of care Expenditures by Year Strategies (In order listed) Funding Source
2020 ‐ 2021

2021 ‐ 2022

2022 ‐ 2023

2023 ‐ 2024

2024 ‐ 2025

2025 ‐ 2026

2026 ‐ 2027

2027‐2028

Total

A. Capacity Building ‐ staff and TA for
regional partnerships and initiatives HHAP 1 ‐ Systems Support $
75,000.00
$
54,205.00
$
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
129,205.00
HHAP 3 ‐ Systems Support
$
‐
$
‐
$
80,000.00
$
80,000.00
$
40,000.00
$

‐
$
‐
$
‐
$
200,000.00
HHAP 4 ‐ Systems Support
$
‐
$
‐
$
‐
$
‐
$
40,000.00
$
80,000.00
$
80,000.00
$
‐
$
200,000.00
B. Administration ‐ staff and TA for
grant and program management HHAP 1 ‐ Administration $
52,218.00
$
10 0,000.00
$
100,000.00
$
100,000.00
$
100,000.00
$
‐
$
‐
$
‐
$
452,218.00
HHAP 3 ‐ Administration
$
‐
$
‐
$
138,132.00
$
138,132.00
$
69,066.00
$
‐
$
‐
$
‐
$
345,330.00
HHAP 4 ‐ Administration
$
‐
$
‐
$
‐
$
‐
$
69,066.00
$
138,132.00
$
138,132.00
$
‐
$
345,330.00
American Rescue Plan
$
‐
$
140,000.00
$
200,000.00
$
200,000.00
$
‐
$
‐
$
‐
$
‐
$
540,000.00

Emergency Solutions
Grant
$
20,658.00
$
20,658.00
$
20,658.00
$

20,658.00
$
20,658.00
$
20,658.00
$
20,658.00
$
20,658.00
$
165,264.00
C. Capacity Building ‐ strengthen local
organizations HHAP 3 ‐ Systems Support
$
‐
$
‐
$
250,000.00
$
250,000.00
$
125,000.00
$
‐
$
‐
$
‐
$
625,000.00
HHAP 4 ‐ Systems Support
$

‐
$
‐
$
‐
$
‐
$
125,000.00
$
250,000.00
$
250,000.00
$
‐
$
625,000.00
D. Coordinated Entry System   HHAP 1 ‐ Systems Support $
28,712.33
$
57,424.67
$
57,424.67
$
57,424.67
$
57,424.67
$
‐
$
‐
$
‐
$
258,411.00
HHAP 3 ‐ Sys tems Support
$
‐
$
‐
$
30,000.00
$
30,000.00
$
15,000.00
$
‐
$
‐
$
‐
$
75,000.00
HHAP 4 ‐ Systems Support
$
‐
$
‐
$
‐
$
‐
$
15,000.00
$
30,000.00
$
30,000.00
$
‐
$
75,000.00
American Rescue Plan
$
‐
$
120,000.00
$
120,000.00
$
120,000.00
$
‐
$
‐
$
‐
$
‐
$
360,000.00
E. Point in Time Count   HHAP 3 ‐ Systems Support
$
‐
$
‐
$
50,000.00
$
50,000.00
$
25,000.00
$
‐
$
‐
$
‐
$
12 5,000.00
HHAP 4 ‐ Systems Support
$
‐
$
‐
$
‐
$
‐
$
25,000.00
$
50,000.00
$
50,000.00
$
‐
$
125,000.00
F. Capacity Building ‐ staff and TA for
data analytics   HHAP 3 ‐ Administration
$
‐
$
‐
$
82,880.00
$
82,880.00
$
41,439.00
$

‐
$
‐
$
‐
$
207,199.00
Exhibit 1
91 June 2022 City of Stockton Homeless Action Plan Page 35 of 37 HHAP 4 ‐ Administration
$
‐
$
‐
$
‐
$
‐
$
41,439.00
$
82,880.00
$
82,880.00
$
‐
$
207,199.00
G. Homeless Management Information
System HHAP 3 ‐ Systems Support
$
‐
$
‐
$
30,000.00
$
30,000.00
$
15,000.00
$
‐
$
‐
$
‐
$

75,000.00
HHAP 4 ‐ Systems Support
$
‐
$
‐
$
‐
$
‐
$
15,000.00
$
30,000.00
$
30,000.00
$
‐
$
75,000.00

Emergency Solutions
Grant
$
‐
$
‐
$
14,500.00
$
‐
$
‐
$
‐
$
‐
$
‐
$
14,500.00
Subtotal Expenditures for Goal 1
$
176,588.33
$
372,287.67
$
1,053,594.67
$
1,039,094.67
$
839,092.67
$
681,670.00
$
681,670.00
$
20,658.00
$
4,864,656.00

Goal 2: Increase Access and Reduce Barriers to Homeless Crisis Response Services Expenditures by Year
Strategies (In order listed) Funding Source
2020 ‐ 2021

2021 ‐ 2022

2022 ‐ 2023

2023 ‐ 2024

2024 ‐ 2025

2025 ‐ 2026

2026 ‐ 2027

2027‐2028
Total
H. Shelter Improvements HHAP 1
$
338,623.00
$
1,000,000.00
$
1,000,000.00
$
‐
$
‐
$
‐
$
‐
$
‐
$
2,338,623.00
I. Operating Subsidies ‐ Area Shelters HHAP 1
$
99,000.00
$
198,130.00
$
198,130.00
$
198,130.00
$
198,121.00
$
‐
$
‐
$
‐
$
891,511.00

HHAP 3 ‐ Operating
Subsidies
$
‐
$
‐
$
759,764.80
$
759,764.80
$
379,882.40
$
‐
$
‐
$
‐
$
1 ,899,412.00
HHAP 4 ‐ Operating
Subsidies
$
‐
$
‐
$
‐
$
‐
$
379,882.40
$
759,764.80
$
759,764.80
$
‐
$
1,899,412.00

American Rescue Plan ‐
Shelters
$
‐
$
‐
$
‐
$
1,028,571.40
$
1,028,571.4
0 $
1,028,571.40
$
514,285.80
$
‐
$
3 ,600,000.00

American Rescue Plan ‐
Camping
$
‐
$
‐
$
600,000.00
$
600,000.00
$
600,000.00
$
‐
$
‐
$
‐
$
1,800,000.00

Emergency Solutions
Grant
$
92,500.00
$
92,500.00
$
92,500.00
$
92,500.00
$
92,500.00
$
92,500.00
$
92,500.00
$
92,500.00
$

740,000.00

Community Development
Block Grant
$
75,000.00
$
75,000.00
$
75,000.00
$
75,000.00
$
75,000.00
$
75,000.00
$
75,000.00
$
75,000.00
$
600,000.00
J. Tenant Assistance HHAP Round 1
$
89,324.89
$
178,649.78
$
178,649.78
$
178,649.78
$
178,649.78
$
‐
$
‐
$
‐
$
803,924.00

Community Development
Block Grants
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
720,000.00
K. Meeting Basic Needs (food, hygiene,
other basic needs)
Emergency Solutions
Grant
$
62,500.00
$
62, 500.00
$
62,500.00
$
62,500.00
$
62,500.00
$
62,500.00
$
62,500.00
$
62,500.00
$
500,000.00

Community Development
Block Grant
$
180,000.00
$
180,000.00
$
180,000.00
$
180,000.00
$
180,000.00
$
180,000.00
$
180,000.00
$
180,000.00
$
1,440,000.00
Subtotal Expenditures for Goal 2
$
1,026,947.89
$
1,876,779.78
$
3,236,544.58
$
3,265,115.98
$
3,265,106.98
$
2,288,336.20
$
1,774,050.60
$
500,000.00
$
17,232,882.00

Exhibit 1
92 June 2022 City of Stockton Homeless Action Plan Page 36 of 37

Goal 3: Ensure Households Experiencing Homelessness Have Access to Affordable and Sustainable Permanent Housing Expenditures by Year

Strategies (In order listed) Funding Source(s)
2020 ‐ 2021

2021 ‐ 2022

2022 ‐ 2023

2023 ‐ 2024

2024 ‐ 2025

2025 ‐ 2026

2026 ‐ 2027

2027‐2028

Total multi‐
year project
budget
L. Affordable Housing Development
HHAP Round 1
$
86,129.56
$
172,259.11
$
172,259.11
$
172,259.11
$
172,259.11
$
‐
$
‐
$
‐
$
775,166.00
HHAP Round 2
$
‐
$
‐
$
1,000,000.00
$
1,000,000.00
$
‐
$
‐
$
‐
$
‐
$
2,000,000.00
HHAP Round 3
$
‐
$
‐
$
‐
$
1,894,678.50
$
1,894,678.50
$

2.00 $
‐
$
‐
$
3,789,359.00
HHAP Round 4
$

‐
$
‐
$
‐
$
‐
$
‐
$
1,894,678.50
$
1,894,678.50
$

2.00 $
3,789,359.00
HOME
$
1,593,808.00
$
1,760,529.00
$
1,760,529.00
$
1,760,529.00
$
1,760,529.00
$
1,760,529.00
$
1,760,529.00
$
1,760,529.00
$
13,917,511.00
HOME‐ARP
$
‐
$
‐
$
3,190,338.50
$
3,190,338.50
$
‐
$
‐
$
‐
$
‐
$
6,380,677.00
Homekey Round 1
$
1,000,000.00
$
2,000,000.00
$
1,289,095.00
$
‐
$
‐
$
‐
$
‐
$
‐
$
4,289,095.00
American Rescue Plan
$
‐
$
‐
$
3,025,000.00
$
3,025,000.00
$
‐
$
‐
$
‐
$
‐
$
6,050,000.00
M. Rapid Rehousing
HHAP Round 1
$
75,778.10
$
151,556.20
$
151,556.20
$
151,556.20
$
151,556.20
$
‐
$
‐
$
‐
$
682,002.88
Emer
gency Solutions Grant
$
102,500.00
$
102,500.00
$
102,500.00
$
102,500.00
$
102,500.00
$
102,500.00
$
102,500.00
$
102,500.00
$
820,000.00
N. Housing Support Services
HHAP Round 1
$
14,356.11
$
28,712.22
$
28,712.22
$
28,712.22
$
28,712.22
$
‐
$
‐
$
‐
$
129,205.00
HHAP Round 3
$
‐
$
‐
$
220,788.40
$
220,788.40
$
110,394.20
$
‐
$
‐
$
‐
$
551,971.00
HHAP Round 4
$
‐
$
‐
$
‐
$
‐
$
110,394.20
$
220,788.40
$
220,788.40
$
‐
$
551,971.00
Community Development Block Grant
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
90,000.00
$
720,000.00
Subtotal Expenditures for Goal 3
$
2,962,571.76
$
4,305,556.53
$
11,030,778.43
$
11,636,361.93
$
4,421,023.43
$
4,068,497.90
$
4,068,495.90
$
1,953,031.00
$
44,446,316.88
Total Planned Expenditures All Funding Sources
$
4,166,107.99
$
6,554,623.97
$
15,320,917.67
$
15,940,572.57
$
8,525,223.07
$
7,038,504.10
$
6,524,216.50
$
2,473,689.00
$
66,543,854.88

Exhibit 1
93 June 2022 City of Stockton Homeless Action Plan Page 37 of 37

6. End Notes

i Homeless Shelter Crisis: Who has and hasn’t declared. Eric Escalante for ABC News 10. December 11, 2018. Retrieved from: https://www.abc10.com/article/news/local/sacramento/homeless‐shelter‐crisis‐who‐has‐ and‐hasnt‐declared/103‐623013464

ii New Housing Fails to Make Up for Decades of Undersupply. Public Policy Institute of California, December 3, 2021. Retrieved from: https://www.ppic.org/blog/new‐housing‐fails‐to‐make‐up‐for‐decades‐of‐undersupply/

iii Housing costs climbing: Stockton rent rose nearly 13% over last year. Aaron Leathley, for the Stockton Record. March 9, 2022. Retrieved from: https://www.recordnet.com/story/business/economy/2022/03/09/how‐ much‐rent‐stockton‐data‐shows‐rose‐13‐percent‐in‐2021‐california‐housing‐market/9444582002/

iv Prior to 2019, the County primarily counted individuals experiencing homelessness via connection events with some limited outreach to “known locations”. In 2019, the County increased its volunteer participation by 1000 percent and conducted a primarily “known locations count”. A count of the unsheltered populations in the unincorporated areas of the County and the Cities of Lathrop, Ripon , and Escalon was conducted in 2019. Counts in these communities were not conducted in 2022 due to lower than anticipated volunteer turn‐out, related to high COVID rates in the community at the time of the count.

v The San Joaquin Community Response to Homelessness, San Joaquin County Strategic Plan, Impact Report 2020‐2021. April 2022. Retrieved from: http://www.sanjoaquincoc.org/wp‐ content/uploads/2022/04/SJCoC‐Strategic‐Plan‐Impact‐Report‐2020‐2021.pdf

vi Homeless Housing, Assistance, and Prevention Program Round 3, Notice of Funding Availability (NOFA).

December 17, 2021, California Homeless Coordinating and Financing Council. Retrieved from:
https://www.bcsh.ca.gov/calich/hhap_program.html
Exhibit 1
94 City of Stockton
Legislation Text
File #: 22-0513, Version: 1

APPROVE MOTION TO INCREASE EXPENDITURE AUTHORITY FOR RADIO

COMMUNICATIONS SYSTEM FOR ONE ADDITIONAL YEAR OF MAINTENANCE, REPAIRS AND SUPPORT OF THE CURRENT PUBLIC SAFETY RADIO SYSTEM WITH DELTA WIRELESS, INC.

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to spend a total estimated amount of $607,301 beginning July 1, 2022 through June 30, 2023 for public safety radio and infrastructure maintenance fees, non- covered repairs, and support services to Delta Wireless for the City’s radio communication system;

2. Approve findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process; and

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion.

Summary
The City is undertaking a major replacement of radio infrastructure, from an outdated conventional radio system with 13 channels and 10 radio tower sites to a modern digital trunking radio system consolidated into 5 tower sites. The first phases have been completed successfully, that entailed replacing the radio consoles in the dispatch centers, and the installation of a radio core and logging recorders. The final phase is the replacement of all equipment at the radio tower sites. In 2019, an increase in expenditure authority, driven by added equipment and inclusion of non-covered services, was authorized by City Council Motion 2019-06-18-1104 through June 30, 2022, while continuing to develop and complete a multi-phase infrastructure replacement project.

Staff is recommending that Council authorize an increased purchase authority for acquisition of one additional year of annual maintenance and other system support services, in a total estimated amount of $607,301 beginning July 1, 2022, through June 30, 2023.

Staff further recommends that Council approve findings in support of a sole source exception to the competitive bid process for one additional year, through the end of FY 2022-23.

DISCUSSION
Background
The City owns and operates a private 13-channel radio communication system utilized by the Fire, City of Stockton Printed on 6/15/2022Page 1 of 4
powered by Legistar™
95 File #: 22-0513, Version: 1
Municipal Utilities (MUD), Police, and Public Works departments. The primary function of this system is for public safety. It is to ensure that police officers and firefighters have radio communication capabilities among individuals, vehicles and dispatch/command centers. As part of the overall radio system, the City maintains 970 portables (handheld or worn by the officers, fire personnel and employees), 570 mobile radios (installed in vehicles) and 10 radio tower sites for the City’s infrastructure.

The City is undertaking a major replacement of radio infrastructure, from an outdated conventional radio system to a modern trunking system. The first phases have been completed, that entailed replacing the radio consoles in the dispatch centers, and the installation of a radio core and logging recorders. The final phase is the replacement of all equipment on the radio towers. In 2019, an increase in expenditure authority, driven by added equipment and inclusion of non-covered services, was authorized by City Council Motion 2019-06-18-1104 through June 30, 2022, while continuing to develop and complete a multi-phase infrastructure replacement project. The City remains on the old radio system while project phases 2 and 3 for microwave and channel equipment replacements are underway and nearing completion. Until completed, there is a requirement for continued maintenance of the current legacy system. Expenditures for Public Safety communication technologies are managed by Information Technology (IT) via the Technology Internal Service Fund (ISF).

The City of Stockton maintains the Adtran equipment provided at the Stockton Fire Dispatch Center and stations and the standalone radio system through contracts with Delta Wireless, Inc., authorized by City Council Resolutions 01-0498 and 04-0548 respectively (Attachment A and B). The terms of the Fire Adtran Contract began on September 25, 2001 and are renewed annually by “Stockton City Council adoption of the budget and appropriation of funds.” The terms of the Radio System Maintenance contract were from August 15, 2004, through August 14, 2009, with the City reserving the right to extend this contract annually by the “Stockton City Council’s adoption of the budget and appropriation of funds from the original contract expiration date.” In December 2006, the radio maintenance contract was amended to add a subsection, which allows for the inclusion of third-party systems on contract by mutual written agreement, such as microwave equipment which are components of the radio infrastructure originally procured from a third-party (Attachment C). In 2019, an increase in expenditure authority, driven by added equipment and inclusion of non-covered services, was authorized by City Council Motion 2019-06-18-1104 through June 30, 2022, while continuing to develop and complete a multi-phase infrastructure replacement project. The City remains on the old radio system while project phases 2 and 3 for microwave and channel equipment replacements are underway and nearing completion. Until completed, there is a requirement for continued maintenance of the current system. Without this key equipment maintenance, public safety staff do not have the necessary communications support for their daily jobs.

The City has utilized Motorola radio equipment to support Public Safety for over 30 years. The vendor selected to provide maintenance and support services is required to be certified by Motorola to service Motorola equipment. The vendor must also be knowledgeable with the City’s radio infrastructure and multiple systems that integrate with Motorola equipment. Delta Wireless, the City’s radio support vendor since 2004, has the expertise to service all components of the City’s radio infrastructure and is the only Motorola certified vendor for Stockton, California (Attachment A, B, C and D).

City of Stockton Printed on 6/15/2022Page 2 of 4
powered by Legistar™
96 File #: 22-0513, Version: 1
This request before Council is to extend radio infrastructure and equipment maintenance and support services for one additional year, to complete the retirement of the legacy equipment and the operations of the new equipment.

Present Situation
Staff from IT, Fire, and the Police Department have been working on a comprehensive plan for emergency radios and infrastructure over the last several years to identify priority replacements, allocate adequate funding, and develop long-term maintenance and replacement financing structure.

The existing equipment currently in use is requiring frequent repairs and causing operational impacts to MUD, Police, and Fire radio communications. The handhelds and mobile radios are on a lifecycle replacement schedule and funding has been adequate. The radio infrastructure has received substantial investments in recent years for a full-scale system infrastructure replacement. The long- term infrastructure replacement project is underway and nearing completion; however, while the City remains on the current radio infrastructure, there is a requirement for continued maintenance of the current system. Without this key equipment maintenance, public safety staff do not have the necessary communications support for their daily jobs.

The City currently purchases the following services from Delta Wireless: annual maintenance of radio equipment including handheld radios, mobile radios, and radio infrastructure, Fire Adtran maintenance, David Clark headsets which integrates with the radio system, and annual expenditures for non-covered repairs of older equipment no longer supported. As shown in Table 1, approximately $594,000 was expended during the current fiscal year or most recent 12-month period under the current contract. The estimated cost for continued services in FY 2022-23 is $607,301. (Attachment E)
Table 1 - Proposed Purchase Authority
Expenditure Description Current Annual Spend FY 2022-23 Radio System Maintenance $500,136 $504,437
Fire Adtran Support Contract $32,664 $32,664
David Clark devices Maintenance $10,200 $10,200
Non-covered Repair Services $50,955 $60,000
Total $593,955 $607,301
Staff recommends Council adopt findings to support using the sole source as an exception to the competitive bidding process, authorizing a continued increase in expenditure authority for current maintenance contracts, purchase of additional repairs, and system support services from Delta Wireless, Inc. Using any other vendor, not certified by Motorola, for support would require the vendor’s work be certified by Motorola before connecting to the radio network, leading to the risk of higher support cost and radio system downtime. Maintaining the existing system while transitioning through the long-term infrastructure replacement project is vital for uninterrupted radio communications and will minimize operational impacts on the system users. Continuing to use Delta Wireless will ensure that maintenance and support are available while the City completes the radio system infrastructure replacement project and negotiates a new long-term maintenance agreement.

City of Stockton Printed on 6/15/2022Page 3 of 4
powered by Legistar™
97 File #: 22-0513, Version: 1
Findings:

Stockton Municipal Code section 3.68.070(A)(4) provides an exception to the competitive bidding process for sole source vendors in cases where the City Council has approved findings that support and justify the exception. The proposed findings are as follows:

1. Delta Wireless is Motorola’s Manufacture Representative certified to provide maintenance and support services for the City’s current radio system, and Delta Wireless is the only certified vendor assigned by Motorola to service Stockton, California.

2. Delta Wireless has been the City’s radio support vendor since 2004 and has the expertise to provide maintenance and support services on the legacy equipment until the new long-term maintenance agreement is fully implemented.

3. Staff cannot support the current system without the assistance from Delta Wireless.

FINANCIAL SUMMARY
The services procured through Delta Wireless are for the maintenance, support and integration with the City’s radio communication system. Total expenditure authority requested is for an estimated amount of $607,301 starting July 1, 2022 through June 30, 2023, and is included in the annual budget appropriation process for FY 2022-23 in the 510 Technology Fund and department accounts.

There is no impact to the General Fund.

Attachment A - Delta Wireless Contract for Fire Adtran
Attachment B - Delta Wireless Contract for Radio Maintenance Attachment C - Delta Wireless Radio Maintenance Contract Amendment Attachment D - Delta Wireless Certification Letter
Attachment E - Delta Wireless Quotes
City of Stockton Printed on 6/15/2022Page 4 of 4
powered by Legistar™
98 ATTACHMENT A
99 ATTACHMENT A
100

ATTACHMENT A
101

ATTACHMENT A
102

ATTACHMENT A
103

ATTACHMENT A
104

ATTACHMENT A
105

ATTACHMENT A
106

ATTACHMENT A
107

ATTACHMENT B
108

ATTACHMENT B
109

ATTACHMENT B
110

ATTACHMENT B
111

ATTACHMENT B
112

ATTACHMENT B
113

ATTACHMENT B
114

ATTACHMENT B
115

ATTACHMENT B
116

ATTACHMENT B
117

ATTACHMENT B
118

ATTACHMENT B
119

ATTACHMENT B
120

ATTACHMENT B
121

ATTACHMENT B
122

ATTACHMENT B
123

ATTACHMENT B
124

ATTACHMENT B
125

ATTACHMENT B
126

ATTACHMENT B
127

ATTACHMENT B
128

ATTACHMENT B
129

ATTACHMENT B
130

ATTACHMENT B
131

ATTACHMENT C
132

ATTACHMENT C
133
Motorola Solutions  Western Division
6450 Sequence Drive  San Diego, CA 92121  858-368-3245

March 7, 2019

City of Stockton
Terrell Harper
Project Manager II
City of Stockton - Information Technology
400 E Main Street | 4th Floor | Stockton | CA

Mr. Harper,

Motorola Solutions supplies a wide array of communications products. Some products are available from our Direct Salespersons and Manufacture Representatives (MR) o r our In-Direct Sales Channels, while others, often depending on complexity or degree of engineering requirements, are only available through one channel or the other. Our products are distributed through our Direct Salespeople or designated Manufacturer Representatives. We assign only one MR to each state/local account and Delta Wireless is assigned to the City of Stockton.

In this case as a manufactured representative, Delta Wireless is an agent for Motorola.

We authorize Delta Wireless to use our contract pricing, promotions, and services to our customers and accept PO’s for Motorola products.

If you should have any questions please feel free to contact me at 916-201-5670. Thank you for your continued interest in Motorola products and services.

Best regards,
MOTOROLA SOLUTIONS, INC.

Mike Marraccini
Senior Account Manager,
Government & Public Safety

CC: Cheri Lynn Eklund, Delta Wireless

ATTACHMENT D
134
1700 W. Fremont Street
Stockton, CA 95203
209-948-9611
209-948-0103 Fax
Ma
y 4, 2022
Ci
ty of Stockton
425 N El Dorado Street
Stockton, Ca. 95203
Attn: Information Technology
Ref: O
ne year extension of Maintenance Contract
Thi
s is a formal request to extend the Radio Maintenance contract for one year 7/1/22 – 6/30/23.

Ple
ase advise if this meets with your approval, Thank you.

Reg
ards,
De
bra Thompson
Financial Business Manager
Delta Wireless, Inc.

ATTACHMENT E
135

ATTACHMENT E
136

ATTACHMENT E
137

ATTACHMENT E
138

ATTACHMENT E
139

ATTACHMENT E
140

ATTACHMENT E
141

ATTACHMENT E
142

ATTACHMENT E
143
City of Stockton
Legislation Text
File #: 22-0491, Version: 1
AWARD A CONSTRUCTION CONTRACT TO SORACCO INC. FOR ON-CALL UTILITY REPAIR

SERVICES FOR CITYWIDE WASTEWATER COLLECTION SYSTEMS

RECOMMENDATION
It is recommended that the City Council adopt a resolution:

2. Authorizing the City Manager the option to execute two (2) additional one (1) year contract extensions with an annual amount not-to-exceed $2,100,000.

It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

Summary
The Municipal Utilities Department (MUD) staff maintain, inspect, and repair citywide collection systems as part of the regular maintenance program required to safely transport wastewater for treatment at City-owned and operated facilities. To respond in a timely manner to larger scale repair projects, the MUD staff advertised a Request for Sealed Bids for On-Call Utility Repair Services, Project No. PUR 22-007.

If approved, this action will award a three-year construction contract to Soracco, Inc., of Lodi, CA, for On-Call Utility Repair Services (Exhibit 1 to the resolution) in an amount not-to-exceed $6,300,000.

DISCUSSION
Background
The MUD operates and maintains the citywide storm and wastewater collection systems which convey wastewater and stormwater to City facilities for treatment in accordance with all State and Federal regulations.

The City’s current contract for on-call utility repair services is set to expire on June 30, 2022.

Continuity of these contracted services allows staff to respond to large scale collection systems repairs in a safe and timely manner.

City of Stockton Printed on 6/15/2022Page 1 of 2
powered by Legistar™
144
File #: 22-0491, Version: 1
Present Situation
The City advertised a Request for Sealed Bids for On-Call Utility Repair Services, Project No. PUR 22-007, on March 17, 2022. Bids were solicited to establish rates for potential on-call services; estimated amounts of work were provided for bid evaluation purposes only. Services will be performed on an as-needed basis with no minimum amount of guaranteed work to the Contractor.

The following two qualified responsive bids were submitted by G&N Construction of Stockton, CA, and Soracco, Inc, of Lodi, CA:

Proponent Bid for Estimated Work Annually
Soracco, Inc., Lodi $2,266,920.00
G&N Construction, Stockton $2,528,750.00
This project is subject to the Local Employment Ordinance of the Stockton Municipal Code Section

3.68.095, Ordinance No. 011-09 adopted September 1, 2009, which requires contractors and subcontractors to make a good faith effort to employ at least 50 percent of the workforce on this project from residents, as measured by total labor work hours. The Contractor shall be required to comply with those requirements.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. The CWTA was applied to this project, as the estimated construction cost was more than $1 million.

The bid submitted by Soracco, Inc., the lowest responsive bidder, is regular in all aspects. Staff recommends that the City Council award a three-year contract for On-Call Utility Repair Services to Soracco, Inc, in the amount not-to-exceed $6,300,000.

FINANCIAL SUMMARY
There are sufficient funds available in the Wastewater Collections account to award the contract with an annual amount of $2,100,000 for a total not-to-exceed contract amount of $6,300,000 for the initial three (3) year term.

Future funds for further repairs will be allocated and approved by Council through the annual budget approval process.

There is no impact to the City’s General Fund or to any other unrestricted fund because of the recommended action.

City of Stockton Printed on 6/15/2022Page 2 of 2
powered by Legistar™
145

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AWARDING A THREE-YEAR CONTRACT TO SORACCO , INC. FOR ON-

CALL UTILITY REPAIR SERVICES FOR CITYWIDE WASTEWATER COLLECTION

SYSTEMS

The Municipal Utilities Department (MUD) staff maintain, inspect, and repair citywide collection systems as part of the regular maintenance program required to safely convey wastewater for treatment at City-owned and operated facilities. To respond in a timely manner to larger scale repair proje cts, staff advertised a Request for Sealed Bids for On -Call Utility Repair Services, Project No. PUR 22-077 on March 17, 2022; and

On April 14, 2022, City Staff received two solicited bids for PUR 22-007 On-call Utility Repair Services for citywide collection systems Soracco, Inc, of Lodi, CA was determined to be the lowest responsive bidder; and

Staff recommends that City Council award a three-year contract for On-Call Utility Repair Services to Soracco, Inc, for a total contract amount not -to-exceed $6,300,000 and to authorize the City Manager the option to execute two additional one -year extensions with an annual amount not-to-exceed $2,100,000; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Three-year contract for on -call utility repair services in the total not -to-exceed amount of $6,300,000 between the City of Stockton and Soracco, Inc. is hereby awarded, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 21, 2022 .

KEVIN J. LINCOLN, II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
146

ON-CALL UTITILITY REPAIR CONTRACT
This contract is made and entered into on , by and between SORACCO INC, a STATE OF CALIFORNIA CORPORATION, with a business address at 903 E. LODI AVE , LODI, CA 95240, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:

WHEREAS, plans and specifications for ON-CALL UTILIT Y REPAIR (PUR NO. 22-007), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. , on ; and WHEREAS, the Contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. , on
.

WHEREAS, this Contract shall have an initial three (3) year term with the two (2) additional one (1) year options to renew only by written Amendment signed by both parties.

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

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do t he work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on , by Council Resolution No. . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

Total compensation for services and reimbursement for costs shall not exceed $6,300
,000 or as otherwise mutually agreed to in a written Amendment.

3. INSURANCE. C ONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016- 09-27, effective September 27, 2016.

Local Construction Contract – SORACCO INC – PUR 22-007
EXHIBIT 1
1 147
It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the
requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Contract ; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional I
nsured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of
insurance required in this Contract may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.

All self-insured ret
entions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies contai
ning any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserv
es the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exe
rcise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR
shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this Contract, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this Contract including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity EXHIBIT 1
2 148
and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub- contractors to provide a valid certificate of insurance and the required endorsements included in the Contract prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected w ith the work performed, materials furnished, or services provided under this Contract, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors.

Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Contract.

With exception
that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Contract by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Contract, or other obligation or fault has been determined. Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the
EXHIBIT 1
3 149
parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the ex
ception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Contract , Contractor shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The City’s
acceptance of the insurance certificates required under this Contract does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this Contract. Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Contract for the full period of time allowed by law.

The defense and inde
mnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

EXHIBIT 1
4 150

6. WORKING DAYS. It is agreed by the parties to the Contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the Contract.

It is further agreed that i
n case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A working day shal
l not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the CITY, i nability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the CITY in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the C ITY shall ascertain the facts and the extent of the delay, and CITY’S findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is d
elayed by reason of alterations made in these specifications, or by any act of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this EXHIBIT 1
5 151
Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall EXHIBIT 1
6 152
distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRAC
TOR performing the work shall be responsible for
obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be res ponsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONT
RACTOR choose to work on a Saturday, Sunday or
on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR
to whom the contract is awarded shall insure that
the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the CITY, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval EXHIBIT 1
7 153
by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA.

For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D).

CITY agrees:

8. COMPENSATION. City shall pay Contractor for services rendered pursuant to this Contract as described more particularly in exhibit A to the Contract. a. Invoices submi
tted by the Contractor to the City must contain a brief description of work performed, time spent and City reference number.

Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice. b. Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for pay ment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said limitation. T he City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
c. If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.

EXHIBIT 1
8 154

9. SECURITIES. Pursuant to Section 22300 of the Public Contract C ode, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGES. Both Parties to this Contract under stand that it may become desirable or necessary during the term of this Contract for C ITY to modify the scope of services provided for under this Contract. Any material extension or change in the scope for work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contrac t prior to the performance of the additional work. Until the amendment is so executed , C ITY will not b e responsible to pay any changes Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CONTRACTOR agr
ees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

12. WAIVER. It is expressly understood and agreed by and between the Parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

EXHIBIT 1
9 155
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

ELI

ZA R GARZA

CITY CLERK
By:

By: HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION, ACTING CITY

ATTORNEY

OFFICE OF THE CITY ATTORNEY
By:

By:

SORACCO INC.

DEPUTY CITY ATTORNEY
Tax Identification No.

EXHIBIT 1
10 156

BID TO BE SUBMITTED
Each bidder shall bid each item. Failure to bid an item shall cause the bid to be considered non responsive, and it will be rejected. All applicable sales taxes, states and/or federal taxes, and any other special taxes, patent rights, or royalties are included in the prices quoted in this proposal. The Bid Schedule is an estimate annual amount of work for bid evaluation purposes only.

All Est. Quantity are bid items for bidding purposes only.

Item Description Est. Unit Unit Total Price # Quantity Price 1 Repair within Property Easement 120 EA 800 96,000
2 Remove and Replace Asphalt up to 8" 8,000 Deep SF 20.00 160,000 3 Remove and Replace Asphalt between 2,000 8.1" and 13" Deep SF 25.00 50,000 4 Remove and Replace Concrete Curb and 500 LF 29.50 Gutter 14,750 5 Remove and Replace Concrete Sidewalk 4,000 LF 17.00 68,000 and/or Driveway 6 Various Unidentified Work 1 LS 300,000 300,000
7 Open Cut Existing 6" Gravity Sewer Line 100 LF 95.70 9,570 (0'-6' deep) 8 Open Cut Existing 6" Gravity Sewer Line 200 LF 169.25 33,850 (6.1' or deeper) 9 Open Cut Existing 8" Gravity Sewer Line 75 LF 100 7,500 (0'-6' deep 10 Open Cut Existing 8" Gravity Sewer Line 100 LF 175 17,500 (6.1' or deeper) 11 Open Cut Existing 1 0" Gravity Sewer Line 100 LF 206 20,600 (6' or deeper) 12 Open Cut Existing 12" Gravity Sewer Line 100 LF 280 28,000 (6' or deeper) 13 Open Cut Existing 15" to 24" Gravity 75 LF 602 45,150 Sewer Line (all depths) 14 6" Sewer Point Repair (0'-6' deep, 100 LF 200 20,000 reaches of 0' - 1 0') 15 6" Sewer Point Repair (0'-6' deep, 200 LF 200 40,000 reaches of 10.1 '· 19.9') 16 6" Sewer Point Repair (6.1' or deeper, 100 LF 330 33,000 reaches of 0'-10') 17 6" Sewer Point Repair (6.1' or deeper, 100 LF 375 37,500 reaches of 10.1'· 19.9') 18 8" Sewer Point Repair (0'-6' deep, 100 LF 220 22,000 reaches of 0'-10') 19 8" Sewer Point Repair (0'-6' deep, 100 LF 220 22,000 reaches of 10.1'-19.9') 20 8" Sewer Point Repair (6.1' or deeper, 150 LF 350 52,500 reaches of 0'-1 0')

EXHIBIT A
EXHIBIT 1
11 157
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.

Exhibit 1:

Insurance Requirements for Construction Contracts
Contractor
shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.

MINIMUM S

COPE AND LIMIT OF INSURANCE
Coverage sha
ll be at least as broad as:

1. Commercial G
eneral Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liabil
ity: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

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

4. Surety Bond
s as described below.

5. Contractors
’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

It shall be
a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements

EXHIBIT B
EXHIBIT 1
12 158
for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

Limits of
Insurance
The limi
ts of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s 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). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Addit
ional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Claims Made Policies – (Note – appl icable only to professional and/or pollution liability )
If any cover
age required is written on a claims-made coverage form:

EXHIBIT 1
13 159

1. The ret
roactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

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

3. If cover
age is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy
of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the s
ervices involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

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

Waiver of Subrogation
Contractor
hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self -Insured Retentions
All Sel
f-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and EXHIBIT 1
14 160
related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.

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

Verification of Coverage
Contractor
shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Contractor
shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Contractor
s shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request
. Contractor shall provide proof of such compliance and verification to the City upon request.

Surety Bonds
Contractor
shall provide the following Surety Bonds:

EXHIBIT 1
15 161

1. Bid bond

2. Performanc
e bond

3. Payment
bond (or Labor and Material bond)

4. Mainte
nance bond
The Payme
nt Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of St
ockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
16 162

EXHIBIT C
EXHIBIT 1
17 163
EXHIBIT 1
18 164
EXHIBIT 1
19 165
EXHIBIT 1
20 166
EXHIBIT 1
21 167
EXHIBIT 1
22 168
EXHIBIT 1
23 169
EXHIBIT 1
24 170
EXHIBIT 1
25 171
EXHIBIT 1
26 172
EXHIBIT 1
27 173
EXHIBIT 1
28 174
EXHIBIT 1
29 175
EXHIBIT 1
30 176

EXHIBIT D
EXHIBIT 1
31 177
EXHIBIT 1
32 178
EXHIBIT 1
33 179
EXHIBIT 1
34 180
EXHIBIT 1
35 181
EXHIBIT 1
36 182
EXHIBIT 1
37 183
EXHIBIT 1
38 184
EXHIBIT 1
39 185
EXHIBIT 1
40 186
EXHIBIT 1
41 187
EXHIBIT 1
42 188
EXHIBIT 1
43 189
EXHIBIT 1
44 190
EXHIBIT 1
45 191
EXHIBIT 1
46 192
EXHIBIT 1
47 193
EXHIBIT 1
48 194
EXHIBIT 1
49 195
EXHIBIT 1
50 196
EXHIBIT 1
51 197

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, , ( STATE OF CALI FORNIA

CORPORATION,
as Principal and
, a corporat ion, organized and existing under the laws of the State of and duly a uthorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of TWO MILLION ONE HUNDRED THOUSAND 00/100 DOLLARS ($ 2,100,000.00) ANNUALLY, in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoi
ng obligation is such that the above bounded Principal
has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

ON-CALL UTILITY REPAIR
(PROJECT NO. PUR 22-007)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, EXHIBIT 1
52 198
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO
SURETY: By:

PRINCIPAL

APPROVED AS
TO FORM & CONTENT:

LORI M. ASUNCION, ACTING CITY

ATTORNEY

OFFICE OF THE CITY ATTORNEY
SURETY
By:

DEPUTY CITY ATTORNEY
By:

ATTORNEY-IN-FACT
EXHIBIT 1
53 199

BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY
THESE PRESENTS:

That we, SORACCO INC, a STATE OF CALIFORNIA CORPORATION, as Principal
and , corporatio n, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO MILLION ONE HUNDRED THOUSAND AND 00 /100 DOLLARS ($2,100,000) ANNUALLY, in lawful money of the United States of America for the payment
whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The cond
ition of the foregoing o bligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

ON-CALL UTILITY REPAIR
(PROJECT NO. PUR 22-007)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 1
54 200
this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED A
ND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL

APPROVED
AS TO FORM & CONTENT:

LORI M. ASUNCION, ACTING CITY

ATTORNEY

OFFICE OF THE CITY ATTORNEY
SURETY
By:

DEPUTY CITY ATTORNEY
By:

ATTORNEY-IN-FACT
EXHIBIT 1
55 201
City of Stockton
Legislation Text
File #: 22-0415, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 6

PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE8-22 under the California Environmental Quality Act for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

2. Approve the plans and specifications for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

3. Award a Construction Contract in the amount of $139,195 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
Streetlight poles are installed close to the roadway and are occasionally struck by motor vehicles, resulting in toppled poles, or “knockdowns”. The Streetlight Knockdown Repairs project will remove and replace nine streetlight poles and three traffic signal poles that were damaged by automobile accidents at various locations citywide (Attachment A).

On March 31, 2022, the City received three bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, St. Francis Electric, LLC, in the amount of $139,195. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.

NOE8-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed in fall 2022, weather permitting.

DISCUSSION
Background
The City is responsible for the operation and maintenance of approximately 19,000 streetlights. The majority of these streetlights are mounted on galvanized poles. Streetlight poles are installed close to the roadway and are occasionally struck by motor vehicles, resulting in toppled poles, or City of Stockton Printed on 6/15/2022Page 1 of 3
powered by Legistar™
202
File #: 22-0415, Version: 1
“knockdowns”. The cost to replace a foundation, pole and fixture has increased significantly in the last five years. Depending on the severity of the damage to the foundation base and wiring, repair costs range between $5,000 and $20,000 per knockdown. The City has an average of 75 such incidents annually. The City attempts to recover damage expenses when there is a police report identifying the responsible party.

The Streetlight Knockdown Repairs project will remove and replace nine streetlight poles and three traffic signal poles that were damaged by automobile accidents at various locations citywide (Attachment A).

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as the estimated construction cost is less than $1 million.

Present Situation
On March 14, 2022, the Streetlight Knockdown Repairs project was advertised for bids. On March 31, 2022, three bids were received with the following results:

COMPANY NAME BID AMOUNT
St. Francis Electric, LLC $139,195
(San Leandro, CA)
PTM General Engineering Services, Inc. $189,098
(Riverside, CA)
Bear Electrical Solutions, Inc. $304,700
(Alviso, CA)
Engineer’s Estimate $198,000
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order, as no local firms bid on the project. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from St. Francis Electric, LLC, the lowest responsive bidder, is regular in all respects. St.

Francis Electric, LLC has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to St. Francis Electric, LLC in the amount of $139,195.

The project conforms with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301 (c) of the CEQA guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will City of Stockton Printed on 6/15/2022Page 2 of 3
powered by Legistar™
203
File #: 22-0415, Version: 1
approve the Notice of Exemption No. NOE8-22 under CEQA. Construction is anticipated to begin and be completed by fall 2022, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding in the FY 2021-22 Electrical and Traffic Signals, Account No. 4570-717-63 0013-250-252-30-45-000-000, to award a Construction Contract in the amount of $139,195 to St.

Francis Electric, LLC of San Leandro, CA, for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

There is no impact on the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Vicinity Map
City of Stockton Printed on 6/15/2022Page 3 of 3
powered by Legistar™
204
Ã4
Ã4
Ã4
Ã4
Ã4
Ã4
Ã4
§¨5
§¨5
§¨5
§¨5
§¨5
§¨5
§¨5
§¨5
Ã26
Ã26
Ã26
Ã26
Ã88
Ã99
Ã99
Ã99
Ã99
Ã99
Ã99
ROB

ERTS RD

MAIN ST

PERSHING AV

EL DORADO ST
EL D
WEST

PACIFIC AV

MARCH LN ALPINE AV

CHEROKEE RD

AIRPORT WY

CENTER ST

AIRPORT WY

ROBERTS
RD
W
ILSON
W
Y

PACIFIC AV

DR MLK JR BL
HOLMAN
RD

HAMMER LN HAMMER LN

PERSHING AV
BENJ.HOLT DR

MARCH LN

HARDING WY

WEST LN

WATERLO
O RD

WILSON WY

NAVY DR

EIGHTH ST

FRENCHCAMP
FREM
ONT ST

SPERRY RD

ARCH AIRPORT RD

MARCH LN

MATHEWS RD

EL DORADO ST

CHARTER WY
8 7
6 5 3
2 1
12 10

VICINITY MAP
STREETLIGHT KNOCKDOWN REPAIRS PHASE 6
PROJECT NO. OM-22-028
Legend

PROJECT LOCATIONS
IN/OUT
County Limits
q
00 . 511 . 520.25
Miles

ATTACHMENT A
¨¨
¨
§§§§§§§§§
§§§§§§
§§
§§
¨¨
¨¨¨
§§§§§§§§§§§§§§§
§§§§§§§§§§§
¨¨¨¨¨¨
¨
§§§§§§§§§§§§§
§§§§§§§§§§
§§
§§
§§
§§
§§
¨¨
¨¨
¨
§§§§§§
§§§
§§
§
§
§
§
§
¨¨¨
¨
¨
§§
§§
§§§§§§§
§§§§§§
§§
§§
§§
§§
§
§
§
§
¨¨¨
¨¨¨
¨
§§§§§
§§§§§
§§
§§
§§§§
§§§§
§
§§§§
§§§§
§
§
§
§
¨¨
§§§
¨¨¨
¨¨
¨
¨
§§§§§§§
§§§§§§§
§§§§§§§
§§§§§§§
§§§
§§
§§§
¨
§§§§§§
§§§§§§
§§§§§§§§§§
§§§§§§§§§§
§§
§§
§
§
¨
¨
§§
§§
§§
§
§§
§§
§§
§§
§§
§§
¨
§§
¨
§
§§§§§§§§§§§§§§§§§§§§§§
§§§§§§§§§§§§§§§§§§
§
§
¨
¨
§§
§§§§§§§
§§§§§§§
§
§
¨¨
¨¨¨
§§§§§§§§§§
§§§§
§§§§§§§§§§§
§§§
§§§§
§§§§
§§
§§
¨¨
¨
§§§§§§§§
§§§§§§§§
§§§§
§
¨
¨¨¨
§§§§§§
§§§§§§§§§
§§§§§§§§
§
¨¨¨
¨¨¨
§§§
§§§§§§§§§§§
§§§§§§§§§§§
§
§
¨¨¨
¨
§§§§§
§§§§§§§§§
§§§§§§§§§
§§§
§§§
§§
§§
¨
¨
¨
§§
§§§§§§
§§§§§§
§
§§§§
§§§
§§§§
§§§
4 11
ÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃ
ÃÃÃ
ÃÃÃ
ÃÃÃÃÃÃÃÃ
ÃÃÃ
ÃÃÃÃÃ
ÃÃ
ÃÃÃÃÃÃ
ÃÃÃ
ÃÃÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃ
Ã
ÃÃÃÃÃ
Y
ÃÃ
Ã
ÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃ
Ã
ÃÃ
ÃÃ
ÃÃÃÃÃÃ
ÃÃ
ÃÃÃÃÃÃÃ
ÃÃ
ÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃ
ÃÃÃÃÃÃ
7 5 3
10 9
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
Ã
Ã
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃ
C
ÃÃÃÃÃÃÃÃÃÃÃÃ
Ã
Ã
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃ
Ã
ÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃ
ÃÃ
ÃÃÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃ
ÃÃÃ
Ã
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃ
ÃÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃÃ
ÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃ
ÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃ
ÃÃÃ
ÃÃ
ÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃ
ÃÃ
Ã
Ã
ÃÃ
Ã
ÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃ
ÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃ
ÃÃ
Ã
ÃÃÃÃÃÃ
ÃÃÃÃÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃ
ÃÃÃ
Ã
ÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃ
ÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃ
ÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃ
ÃÃÃÃÃÃÃÃÃ
2 12
8 16
ÃÃÃÃÃÃÃÃÃÃÃÃÃÃÃ
Ã
ÃÃÃÃÃÃ
ÃÃÃÃÃ
ÃÃÃÃÃÃÃÃ
ÃÃ
ÃÃ
ÃÃ
205
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO. NOE8-22,

APPROVING THE PLANS AND SPECIFICATION S, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 6, PROJECT NO. OM-22-028

On March 31, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028; and

The project will remove and replace nine streetlight poles and three traffic signal poles that were damaged and knocked down by automobile accidents at various locations citywide; and

St. Francis Electric, LLC is the lowest responsive bidder in the amount of $139,195; and

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301 (c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

1. The City Council approves the filing of Notice of Exemption No. NOE8-22 under CEQA for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Streetlight Knockdown Repairs Phase 6, Project No. OM-22-028.

3. The City Council a wards a Construction Contract between the City of Stockton and St. Francis Electric, LLC in the amount of $139,195, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

//
//
//
//
//
//
//
206

4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 21, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton

207

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNT
Y CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTIC
E OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJ

ECT DATA
Proj
ect Title: STREETLIGHT KNOCKDOWNS PHASE 6 REPAIR PROJECT, PROJECT NO. OM-22-028 CEQA Exemption File No.: NOE 8-22
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be repairing damaged streetlight and traffic signal mast arm poles throughout the City of Stockton. See attachment A for specific locations.

DETE

RMINATION/FINDING OF EXEMPTION
The above
-described activit y/project i s exempt from the environmental assessment requirements of the Ca lifornia Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The ac
tivity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

The project is "Statut orily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS

FOR FINDING OF EXEMPTION
The activity does not qualify as a proje ct and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefo re, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

JODI
ALMASSY, DIRECTOR March 22, 2022

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________ AFFI

DAVIT OF FILING AND POSTING
I decl
are that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________

Posting Period Ending Date
EXHIBIT 1
208
Local Construction Contract - ST. FRANCIS ELECTRIC, LLC – OM-22-028. (Updated 12/31/20)

CONSTRUCTION CONTRACT
Thi
s contract is made and entered into on _____________, by and between ST.

FRANCIS ELECTRIC, LLC. , a STATE OF CALIFORNIA CORPORATION, with a business address at 975 CARDEN STREET, SAN LEANDRO, CA 94577 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T
N E S S E T H:

WHE
REAS, plans and specifications for the construction of STREETLIGHT KNOCKDOWNS PHASE 6 REPAIR (PROJECT NO. OM -22-028), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

1. SCOPE O F SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents ," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPE NSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $139,195.00, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016 , by Council Resolution No. 2016- 09-27, effective September 27, 2016.

Page 1 of 48 ends

EXHIBIT 2
209
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves t he right t o obtain a full certified copy o f any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Page 2 of 48 ends

EXHIBIT 2
210
Local Construction Contract - ST. FRANCIS ELECTRIC, LLC – OM-22-028. (Updated 12/31/20) and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. IND
EMNITY AND HOLD HARMLESS. Wit h the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, S tate, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or s ubcontractors.

Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the

Page 3 of 48 ends

EXHIBIT 2
211
Local Construction Contract - ST. FRANCIS ELECTRIC, LLC – OM-22-028. (Updated 12/31/20) parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

Wit
h the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, agents , employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The Ci
ty’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

The defens
e and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. If any section, subsection, sentence, clause, or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. ST
ANDARD PLANS AND SPECIFICATIONS. The perf ormance of said work and the furnishing of said materials shall be executed in accordance with Section 8-

1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Dir
ector of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise, the statement shall be deemed to have been accepted by CONTRACTOR as correct.

Page 4 of 48 ends

EXHIBIT 2
212
Local Construction Contract - ST. FRANCIS ELECTRIC, LLC – OM-22-028. (Updated 12/31/20)

6. WO RKING DAYS. This work shall be diligently prosecut ed to completion before the expiration of 40 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FIVE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($ 5,200.00) per day for each and every calendar days delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is
further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A wo
rking day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If C
ONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

Page 5 of 48 ends

City Council and Concurrent AuthoritiesJune 21, 2022

City Council and Concurrent Authorities
June 21, 2022