Watsonville City Council
March 11, 2025

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Marissa Brown : state requirements or Cal.
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Marissa Brown : C CFC . Requirements .
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Marissa Brown: and
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Marissa Brown : we didn · t hear~ t ,... h_a_c ___ ~As-"" 101
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Marissa
c!.02
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Marissa Brown : we we depend o
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Marissa Brown : you guys as much as anyone to help guide us to what can be done on this sit
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Harissa Brown : when there 's not a proper turnaround that meets 105
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Marissa Brown : CFC guidelines .
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Matt Orbach, Ci ty of Watsonville : And once again, when we get a formal Lisa middle , we can provide you with that guidance. I'm not sure who is in the meeting.
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Marissa Brown : So .
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Matt Orbach, City of Watsonville: Last me<:ting , so .
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Marissa Brown : Okay, yeah . I' m not sure why you weren't on this call that we had I think it was
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Marissa Brovm : March or Ap r il
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Marissa Brown : but we?
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Marissa Brown : I think we are looking f or guide guidance ahead of going in for a formal resubmittal, because if a turnaround .
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Marissa Brown: a specific s i ze of turnaround is required . 114
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Marissa Brown : Or if this 12 foot fire access lane needs to become a 20 foot lane .
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Marissa Brown : then that has the potential to
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Marissa Brown : impact this site layout
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Marissa Brown : drastically .
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Marissa Brown : Yeah . So we would not want to move f o rward and document 119
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Marissa Brown: a permit set is essentially what y o u ' re asking for . I believe.
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Marissa Brown : With all o f o u r consultants, and, you know, identify where t he e l ectrical is going , where where a ll the utilities are coming from, and then f ind out that
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Marissa Brown : the site doesn't work
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Marissa Brown : because o f fi re access .
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Roxanne Wilson : I thinlc that that · s been the struggle with everyone, i cha we had . There was the initial submission we got . They got back letter that said, all of these things need to be addressed . And they ' re :rying to configure and say, is this, okay? Is this okay? J>.nd I think :hat that ' s why it feels piecemaled, if you prefer
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Roxanne Wilson : for them t o come back with a whole .
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Roxanne Wilson : a whole proposal . It does seem like that may prolong it, but I could be wrong . I'm not a designer, so .
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Matt Or bach, City of Watsonvi l le : I thi nk a lot of this is, maybe you guys aren ' t in this industry directly . But .
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Roxanne Wilson : Not .
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Matt Orbach , Ci ty of Watsonville : What you ' re proposing is what deve l opers and p r operty owners try t o do on eve ry single project is that they try to reach out to individual departments .
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Mat t Orbach , City of Watsonville : Ge t this answe r, and then they' 11 say, well that a person approved it . You need to approve it this and that , and so our l ine always is .
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Matt Orbach, Ci ty of Watsonville : pu t all your p l ans together into a f ul l submittal, and we will review it .
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Marissa Brown : Yeah, that' s about .
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Matt Orba ch , City of Watsonville : And then you can address all of i t at once . And because these things a re a l l interrelated . So , answering one questi on .
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Marissa Brown : It i s not .
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Matt Or bach , Ci ty of Watsonville : Going t o answe r . 135
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Matt Orbach, City of l<latsonville : Questions .
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Ma riss a Brown : Yeal,, for sure . And we agree . That ' s how we typic a lly wor k. We don ' t try to do t hi ngs piecemeal. But we . 137
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J-!arissa Brown : I guess I'm tcying to understand . Ar e you tal king abou t a permit submitt al? Or a re you talking a pre-application submittal because they ' re 2 different things? They' re 2 different levels of deve lopment . 138
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Matt Or ba ch, Ci ty of Watsonville : So l i ke we s til l talk . 139
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Joseph DeSante : Can we go ahead ?
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Joseph DeSante : Given the t i meframes, we don ' t have time 141
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J oseph DeSante : f or pre apps .
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Joseph DeSante : There have been many conversations to the point is, t he original floo r pl an has changed out . We don ' t know . 143
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,Joseph DeSante : Still , don ' t have con fi rmation . If i t ' s goi ng to be sprinklered o r not , we don ' t have the type of housing uni t s proposed . I think .
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Marissa Brown : Ri ght .
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Joseph DeSant e ; And I spolce about i s .
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Joseph DeSante ; we need a
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Jos eph DeSante : while i t could be deferred .
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Jos eph DeSante : We needed . The city o f Watsonville needs an understanding of wha t t his pro ject looks l ike in its t otality .
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Joseph DeSante : How many uni ts is the r e medical services? I s there food services? Is there? Where 's the water? Where ' s t he sewer? Whe re's the electrical .
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Joseph DeSante : How high is this raised? How is it going t o be raised? How are we dre ssi ng with Fema? Are we doing
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Joseph DeSante : separate proj ects on 5, Terry or main o r t he other parcel . There ' s mul tiple parcels.
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Joseph DeSante : How long does this last? Does the Monterey County on this project f or the 1st 2 years, till the funding runs out . And then, after that , what occu rs on the next day? Does this p r oject need t o go away? Does the project type go c hange , you know? When does the county of Santa Cruz take it over? Do t hey take it ove r? What d oes that l ook like ? What ' s the totality of t he projec t? I s it f o r 5 years no t to exceed . You know there ' s so many
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Joseph DeSante: vari abl es that will
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.Joseph DeSante : d i ct a te
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Joseph DeSante : how the code is applied to this project, and there are so many ambiguity , so much ambi guity cu rrently that
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Joseph DeSante: we can ' t explain the project to council or to the publi c . 157
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Joseph DeSante : Because there is no answer
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Joseph DeSante : I got . Yeah, I don't . I don 't l:now any of t hose answers . 159
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Marissa Brown : You know .
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Joseph DeSante : All of those answers need to be p r ovided befo r e Staff can adequately look at .
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Marissa Brown : Okay .
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Joseph DeSante : Projec t , from.
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Matt Orbach , City of Watsonvi lle : Some of the .
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Marissa Brown: Si de .
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Mat t Orbach , City of Wat sonvi lle : Appli cation . By the way, so t his wou ldn ' t be a new application . I mean , you ' d j ust be addressing all those comments in the l etter that you recei ved back l ast year. 166
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Marissa Brown: But it is.
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Matt Orbach, City of Watsonville : Still part o f that. It ' s not a separate thing .
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Ma rissa Brown : Ri ght . But I guess
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Marissa Brown : t he the thing that I see as most
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Marissa Brown : impactful t o the site d esign is fire a ccess. 171
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Marissa Brown : So c ur rently on this site . This s i te does n o t have 172
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Marissa Brown: CFC guide line approve fir e access . So we wou l d . That ' s 1 thing that we need to talk about n ow that will i mpact 173
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Marissa Brown: the site . Design.
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Marissa Brown : Okay?
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Marissa Brown : Sadly .
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Joseph DeSante : Awesome , I g uess .
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Marissa Brown : Impact .
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Joseph DeSante : Response t o that is, if we don 't have the . 179
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Joseph DeSante : What I think I know so far is that we need t o have units for 34 people .
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Joseph DeSante ; We haven 't picked out the modulars . Whether or not they have en suites, whether we need t o pr ovide medical, whethe r we need t o provide these other services. How do you know how large 181
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Joseph DeSante : your housing
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Joseph DeSante: area wi ll be to malte the a ccurate
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Joseph DeSante ; determination of how much
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Joseph DeSante : we need? We need to. You need t o pi:esent something, and t hen Staff could l ook at it and say, you might not meet 185
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Joseph DeSant e: le tter
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Joseph DeSante : fire, code access, but
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J oseph DeSante : you might have access here . You mi ght be able to do something . Her e . I s it spr:inklecl?
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,Joseph DeSar,te : Maybe you have to do a dry star,d pipe . You know there ' s the re' s
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Joseph DeSante : ways there ' s prescripti ve . And then there ' s performance based codes . You know, the fire code that they're all either prescriptive and o r performance .
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Joseph DeSante : You c an ' t do anythi ng performance . 191
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Marissa Brown : Ri ght .
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-1oseph DeSante : Prescriptive until you have a plan and . 193
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Marissa Brown : Yeah, and we do have a plan . We we do have a test fit . 194
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Marissa Brown : We based it on a certain type of unit . These are not en suites . We have separate .
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Marissa Brown : restroom shower units
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Marissa Brown : di gnity moves is getting pricing f rom, I think , 3 othe r vendors
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Mariss a Brown : whose uni t s are smaller.
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Marissa Brown : So I do you know the what? What we presented on the 19 . th 199
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Joseph DeSante : A.
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Marissa Brown : I know that there's a
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Marissa Brown : ei-!it separati on distance that we need to solve , for which we have . We just haven't republished a a test a test fit . 202
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Marissa Brown : We since we i ssued the revised test fit on the 25 , th which accommodated a 10 f oot rear ya r d .
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Marissa Brown : Cl earance
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Marissa Brown : for zoning . We have since heard that that ' s not required.

We can do the 5 foot setback
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Marissa Brown : at the rear . So
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Marissa Brown : I , from my perspective , we are getting kind of piecemeal information as well
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Marissa Brown : we cannot answer, like half of you r questions were process related that are outside of our scope , and it a r e honestl y , not even 208
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Marissa Brown : necessarily i n dignity, move scope . Theytr:e questions about how long the site ' s going t o be used .
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Marissa Brown : you know, we ' ve heard as little as 2 years 210
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Marissa Brown : we
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Marissa Brown : have presented a pathway for you guys to accept 212
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Marissa Brown : a l A h fire rated
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Marissa Brown : protection as a demisi ng wall be t ween uni t s . 214
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Marissa Brown : We ' ve heard clearly that that's not accep table . So we are 215
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Marissa Brown : talking about sprinkling the site . Now , if there is an alternative to not sprinkling the site .
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Marissa Brown : we should t alk about t hat .
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Roxanne Wilson : There's an intere sting thing back in Janua ry , I think 218
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Roxanne Wilson : Susie did email me sayi ng that sprinkl e rs were not necessary .
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Roxanne Wilson : So something has c h anged, and I don ' t know what it i s . 220
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Joseph DeSante : So that so l et me jump in there , l et me jump i n there . I I p r ovided tha t i nformation to Susie back in t he day when thi s proj e ct 1st came across my desk , and there was a bill Ab. 42
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Joseph DeSan te : that provi des provi s i ons to not p r ovide sp rinkl ers f o r 222
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Joseph DeSante : thi s type o f u se .
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Joseph DeSante : That is why Hcd .
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Joseph DeSante : Was reached out to is because
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Joseph DeSante : the project did n ' t comp l y with a l l of the requirements of A, B 4 2 .
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Roxanne Wi l son : Maybe 42 , t herefore .
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Joseph DeSante : Or eat .
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Joseph DeSante : A, B 42 eliminates the sprinkler requirements . They , this project , as designed, currently doesn ' t meet that requirement , the t he 11 presc riptive r equi rements .
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Joseph DeSante : I t doesn' t meet that . So you don ' t meet t hat legislati on legislative waving of the sprinkler .
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Roxanne Wilson : I s it because the uni t s are so c l ose to e ach other . 231
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Harissa Brown : They? We don ' t have the 6 foot separation . 232
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Roxanne Wilson : Okay, that makes a lot of sense . I t clears i t up from . 233
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Carlos Nuno - Santa Cruz County : Real qui ck . So yeah, the who l e six-f oot separation can be addressed by selecting a certai n type of vendor 234
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Carlos Nuno - Santa Cruz County : where I don ' t have to have sprinklers in the in those units .
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Carlos Nuno - Santa Cruz County : So , f or example , white art i s one of the weekend you said part of t he 6 . th But
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Carlos Nuno - Santa Cruz County : preparation
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Carlos Nuno - Santa Cruz County : goal.
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Ca rlos Nuno - Santa Cruz County : I guess that ' s kind of an option . I f 239
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Carlos Nuno - Santa Cruz County : Gens l er and Baby moves, wants to move fo rward with t ha t i mplement .
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Marissa Brown : I don ' t . I don ' t think i t ' s quite that straightforward .

Ab , 42 applies to all vendors, and
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Marissa Brown : it does specifical ly require a 6 f oot separ ation . 242
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Ma rissa Brown : The draft versi on of A. B, 42
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Marissa Brown : a l l owed f o r either
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Marissa Brown : a 6 foot separation
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Marissa Brown : or a lA h fire rating .
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Marissa Brown: o r
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Mariss a Brown : 24 , 7 firewatch dedicated firewatch, staff. 248
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Ca rlos Nuno - Santa Cruz County : Right .
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Marissa Brown : That is not the
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Marissa Brown : final versio n of A. B 42 that we can apply . I know we talked last week about firewat ch being an option that would eliminate need f o r
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Marissa Brown : t he fire! The the 6 f oot separatio n! 252
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Marissa Brown : But
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Marissa Brown : Go through the process of designing the site with assumptions
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Marissa Brown : onl y to find o ut during your permit review 267
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Marissa Brown : the site wi ll not wo rk as designed .
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Marissa Brown : we would not have time t o go through that t wice . So that ' s why we prefer t o come at this with a pre-application. Understand everything upfront that's required.
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11arissa Brown : so that we know what we ' re designi ng to. 270
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Joseph DeSante : And that ' s so . That's my point . And and I, I agree . 271
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Joseph DeSante : and Staff will obviousl y review this
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Joseph DeSante : as timely as we can . But my statement of not doing the free app is.
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Joseph DeSante : pick a floor plan .
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Joseph DeSante : Tell us this is what we ' re gonna go with . Does it work? And we can . We can move it f orward .
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Joseph DeSante : I I thinlc there's a l ot o f questions, you know, befo r e the meeting last week , Susie told me . Okay, they ' re gonna sprinkle it .

Roxanne ' s found money . We ' re gonna sprinkler it . And then we h cl a conve rsation at t hat meeting that maybe we ' re not gonna sp rinkler i t. And so there's a lot of back and f orth, and .
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Ma rissa Brown : Yeah, I ag ree .
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Joseph DeSante : I thin!: we j ust need to picl:. We need to pick . We need to pick something and then
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Joseph DeSante: run, run wi th it .
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Joseph DeSante : You know, s t aff could assist 50 , 000 or 500 , 000 for the sp rink l er syst em . I spoke t o Jim Di az , who ' s t he fi re ma rshal after our conve r sation last week
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Joseph DeSant e : and asked t hem .
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Joseph DeSante : They ' re gonna have t o provide p l umbed wate r 282
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Joseph DeSante : to the si t e .
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Joseph DeSante : My quest ion to him is.
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Joseph DeSante : can you r un a dedicat ed S,
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Joseph DeSante : a . Shared
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Joseph DeSante : potable wat er sprinkler water line and tee off 287
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Joseph DeSante : at
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Attachment 15: Page 270 of 512
Attachment 5
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Received
Watsonville
City Clerk
December 3, 2024 Planning Commission
Meeting

SUMMARY KEYWORDS
planning commission, zoning approval, low barrier navigation center, administrative review permit, public comments, conflict of interest, project compliance, state regulations, emergency shelter, housing navigation, supportive services, legal analysis, non-conforming use, public records, entitlement review

SPEAKERS
Mary Wagner, Catalina Torres, Lucy Rojas, Marta Bulaich, Matt Orbach, Brando Sencion, Peter Radin, Justin Meek, Ilia Bulaich, Peter Radin, Jenni Veitch-Olson, Dan Dodge, Roxanne Wilson Peter Radin 00:00
_ found in the center of the device prior to speaking, then press and hold the same button to turn the audio device off. Please share the audio devices. Also, for recording purpose, if you wish to address the Planning Commission, please fill out a yellow speaker card found in the podium and place it in the box at the podium. Make sure to state your name before speaking. And you're limited to three minutes. And with that, let's conduct the roll.

Garbled. -----
GARBLED 00:52
I'll go ahead and do rollcall. All right. OK.

GARBLED 1:06
Acosta, Dodge, Radin
PeterRadin 01 :1·
Present.

Unclear
Rojas
Lucy Rojas 01 :17
Rojas, here
Unclear
Sencion
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Brando Sencion
Here.

Unclear
Meldahl
Vaness Meldahl
Here.

Unclear
Veitch-olson.

Veitch-Olson
Here.

Unclear
We have quorum
Peter Radin 01 :29
Thank you. Now I will entertain a motion to excuse the absent planning commissioners. Do we have a motion to that effect?

GARBLED
Brando Sencion
I'll second.

Peter Radin
Okay, so the motion has been moved and seconded. All those in favor of the motion. We need to call the roll.

Unclear
Sure. All those in favor, Aye?
Unclear 01 :57
Aye. Aye. Aye.

Peter Radin 1 :53
And now let's have the Pledge Allegiance to the Flag. And I'm inviting new Planning Commissioner and our outgoing Planning Commissioner, to lead the Pledge.

Vanessa Meldahl 02:28
Pledge recited.

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Peter Radin 02:34
I will move now to Item 3 on the agenda, which is presentations and oral communications. The time is set aside from members of the general public to address the Planning Commission on any item not on the agenda for tonight, which is within the subject matter jurisdiction of the Planning Commission. No action or discussion shall be taken on any item presented, except that any Commissioner may respond to statements made or questions asked or may ask questions for clarification. All matters of an administrative nature will be referred to Staff. All matters relating to Planning Commission will be noted in the minutes and may be scheduled for discussion at a future meeting or referred to Staff for clarification and report. Any Commissioner may place matters brought up under oral communications on a future agenda. All speakers are asked to announce their name in order to obtain a record for the minutes.

So do we have anyone from the public who would like to address items not on tonight's agenda? Seeing no one, we will now turn to the Commissioners and invite them to share any oral comments they would like to make. And the minutes will show that Commissioner Dodge has arrived.

Any oral communications from the Commission? Okay? Seeing none. We can move to public hearings, and the matter before us is a resolution of the Planning Commission of the City of Watsonville, denying an appeal of Zoning Administrator approval of an administrative review permit for a low-barrier navigation center located at 118 First Street, 5 Cherry Court, and 120 First Street (APNs 017-172-32, 31, and 35.) And __ approval by the Zoning Administrator of administrative permit and finding the project exempt from review under California Environmental Quality Act, CEQA. pursuant to guidelines, Section 15268. We'll begin process with a presentation from the City Staff.

Matt Orbach 4:59
Thank you. Vice Chair, Radin.

Jenni Veitch-Olson 05: 10
Yes, Commissioner, Veitch-Olson
Jenni Veitch-Olson 05: 17
Thank you. I understand that the City has received a letter from the Appellant, Appellant alleging that I have a conflict of interest in this item. I have worked with the City Attorney's office, and I do not believe that I have a conflict. In fact, many of the allegations in the letter are factually inaccurate. Specifically, neither my husband nor I have ever received any income from the Applicant, Monterey County, or Westview Presbyterian Church. While my husband has previously been employed by the Presbytery, our family has not received any income from __ from 2022 and has never received any income from Westview Church. Nonetheless, I do not want my presence to provide any basis for litigation or further appeals for this item. I also understand that I could have personal liability for any determination that the conflict exists and that I can be named in the lawsuit regarding the Commission's decisions. Out of an abundance of caution, for these reasons, and because I want to avoid any indication that I, or the City have acted improperly in these proceedings, I will be recusing from this item. Thank you.

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Peter Radin 06:36
Thank you, Commissioner Veitch-Olson. And now we will turn to Staff for the presentation.

Matt Orbach 07:00
Commissioner Radin and Planning Commission. Is this loud enough for you if I hold this up to the mouth.

Peter Radin
Hi, it's a little faint up here.

Matt Orbach 07:04
All right. So I'm here tonight. My name is Matt Orbach, Principal Planning, serving as Interim Acting Committee Development Director. I am here tonight to present the Appeal of the Zoning Administrator approval, the Administrative Review Permit for the low-barrier navigation center located at 118 First Street.

So the project before you tonight, the deal was the deal this joint project between the County of Monterey and County Santa Cruz. County of Monterey received an encampment resolution funding, or ERF grant, of almost 8 million dollars from the California Department of Housing and Community Development or HCD to provide funding for the Recurse de Fuerza Village program. The program meets the development of 34 individual non-congregate, low-barrier services shelter beds and provision of housing navigation and supportive services to people living along the Pajaro River for a two-year period. This is in relation to the levee replacement project. So timeline of events here for this project, in October 2024 sorry, October 24, 2023, the City received an initial submittal from the Applicant, County of Monterey, for this project. It was a very rough conceptual plan with essentially just rectangles on a satellite image. At first, Staff treated the project as an emergency shelter, which is a use regulated under the Watsonville Municipal Code. However, it was very incomplete, so Staff provided guidance letter requesting more information in order to further review the project. Between November 2023 and June 2024 was when I was brought in, building official Joey de Sante was brought in to meet with the Applicant and go over the Guidance Letter and go over what we had requested from them. That review included a span of several months, and included review of state laws related to many different potential uses for the site, low-barrier navigation centers, emergency shelters, as well as the FEMA flood line, regulations, building codes, and fire codes.

Those meetings informed the selection of modular unit types by the Applicant, as well as the site layout and the location of the low-barrier navigation center on the site.

Then on July 11, 2024, the City received a second submittal that included responses to the City's original October 2023 guidance letter related to the emergency shelter requirements, as well as references to state laws regulating low-barrier navigation centers that should be applied. Because the project over the those couple of months had changed significantly and since the initial submittal, the Staff response letter requested that the Applicant submit a new administrative review permit Transcribed mostly by https://otter.ai 4
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application that identified all parcels included the project area. Initially they had only identified one parcel location.
10:02
And also we asked that they specify whether the project was in fact an emergency shelter and identify this use __ . _And on August 23 2024, Staff received the third submittal of a new application with all of the relevant information and attachments included. This was the first chance the City had to do with full review with all City departments, including public works, police, fire and we also shared the apP.lication with Caltrans. This application was reviewed for compliance with state law related to low-barrier navigation centers for state identified as use in their letter, and it was determined that the project complied with four criteria located in Government Code section, 65662 which I will _.

So on September 20, 2024 the Administrative Review Permit was approved by the Zoning Administrator. In that letter, we also requested additional information that should be submitted at the time of the building permit submittal, and then on October 2, 2024, we see we received an appeal letter, and that is why,
11 :13
So, what is the low-barrier navigation center?
It is defined under state law as a housing-first low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, services, shelter and housing.

Under the definition, low-barrier means practices to reduce barrier to entry, and may can include including, but not limited to, the presence of partners, pets, storage, possessions, and privacy.

AB 101, which was assigned into law 2019 in commencing with, Governing Code Section 65660, pertains to low-barrier navigation center regulations. And it does the following things: provide statutory changes necessary to enact the housing and homelessness related provisions of the Budget Act of 2019, including streamlining the approval of low-barrier navigation centers. It also provides a "by right" process and expedited review for low-barrier navigation centers in certain types of zones. It also prohibits local governments from requiring a conditional use use permit or other discretionary approval of low-barrier navigation centers in mixed use zones with certain operational standards. 12:33
As a "by right" use, the only entitlement requirement for the low-barrier navigation center is an Administrative Review Permit, and per the Watsonville Municipal Code, the purpose of an Administrative Review Permit is to assure, prior to the establishment of an otherwise principally permitted or "by right" use, that the provisions of the code other appropriate state and local regulations are met.

There are no provisions of the Watsonville Municipal Code related to low-barrier navigation centers specifically. So, the only regulations applicable to the project are those in Government Code Section 65662.

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13:06
As mentioned before, per this Government Code Section, low-barrier navigation center development is a use "by right" in areas for mixed use and non residential zones, permitting multi-family uses. If it meets the requirements of this section, in a to d below, and a local jurisdiction shall permit a low-barrier navigation center if it meets the following requirements.

So those four requirements are:
(1) It offers services to connect people with permanent housing through a services plan that identifies services staffing.
(2) It is linked to a coordinated entry system so the staff and interim facility can or staff who co-locate in the facility may conduct assessments and provide services to connect people with permanent housing. (3) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code which covers housing-first programs and then (4) It has the system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System or HMIS.

No other standards or criteria can be applied in the consideration of an application for low-barrier navigation center. For example, the City is not the authority to review the site design, parking, fencing, any other uses on the property, such as the existing church as part of the entitlement application review for the low- barrier navigation center project.

However, public safety requirements, such as fire code, building code and order standards can be applied during the building permit review process.
14:45
So then I'll give a little overview of the application review and analysis as conducted by the Zoning Administrator. I'll go to the four points by one with and give supportive evidence, the supportive evidence that was used to support the Approval.

The first point that the services connected housing. The project is required to comJ;!I}". with the Lead Me Home Monterey and Santa Benito Continuum of Care "Operational Standards for Emergency Shelters" and the County of Monterey Homeless Services "Good Neighbor Protocol." Services staffing will be provided by several agencies, including CSUMB, Community Health Engagement, HomeFirst, and Communiy Action Board.
15:25
2 . It is linked to a coordinated entry system.

The low-barrier navigation center will participate in the local Coordinated Entry System as required by the Lead Me Home Monterey and Santa Benito Continuum of Care "Operational Standards for Emergency Shelters."
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3. It complies with Chapter 6.5 of the Welfare and Institutions Code.

Chapter 6.5 of the Welfare and Institutions Code requires the incorporation of core components of the housing-first approach to housing programs. So the housing-first requirement by all programs receiving ERF Frants, as I mentioned this prior $8 million was awarded. The $8 million low-barrier navigation center required to comply with this section 6.5 of the Welfare and Institutions Code. In addition, housing-first required by the Lead Me Home Monterey and Santa Benito Continuum of Care "Operational Standards for Emergency Shelters."
16:22
And just so you know exactly how that's defined.
"Housing First" means the evidence-based model that uses housing as a tool rather than a reward for recovery, and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis, and that do not make housing contingent upon participation in services.

The fourth is it has systems for entering information into the HMIS system. The Lead Me Home Monterey and Santa Benito Continuum of Care "Operational Standards for Emergency Shelters" require all emergency support programs, including low-barrier navigation centers, to enter participant data into the Homeless Management Information System managed by the Coalition of Homeless Service Providers (CHSP), and programs must follow the Coalition of Homeless Service Providers, HMIS policies and procedures.

So based on the compliance with those four criteria, the Administrative Review Permit application was approved on Friday, September 20, 2024. That clears the Applicant to submit a building permit application. In the determination letter I mentioned previously, it can be included feedback from all the city departments, including planning, building, public works, fire, and police. City requested additional or clarifying information to be submitted with the building permit submittal related to fencing, landscaping, ingess/egress, striping, fire requirements, occupancy, allowable openings, senior accessibility locations, electric service pathways, alignment with the upcoming Caltrans improvements along 1st Street/CA-129 as well as the on-site surveillance system. 18:05
As I mentioned, on October 2nd, City Staff received an appeal application from Catalina Torres requesting that the Planning Commission overrule and rescind the Zoning Administrator's approval of Administrative Review Permit. The Appellant contends that the approval was "defective and improper," based on 15 reasons identified in the letter.

I just did a quick paraphrase here. It's all in the Staff Report analysis, but the claims range from withholding information from City Council, making false statements to City Council, improperly accepting the application, not considering existing uses and conditions in approving the application, improperly conducting information meetings for adjacent residents, improperly withholding documents in the Public Records Act requests, making false statements related to completeness of the application, Transcribed mostly by https://otter.ai 7
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failing to require special use permit for the church as a prerequisite for the project, not responding to the legal analysis from the neighborhood attorney, and improperly approving the application by considering the project as an emergency shelter, not identifying requesting qualifications for the entity responsible for managing the low-barrier navigation center, improperly submitting a building permit submission to Caltrans prior to approving the ARP application, failing to adopt the animal policy of the low-barrier navigation center, failing to require a Good Neighbor Policy, and failing to consider offsite issues at 150 Second Street.

In terms of the appeal process, in order for the Zoning Administrator's Approval of the Administrative Review Permit to be overturned, the Planning Commission must find that the action taken by the Zoning Administrator was taken erroneously and was inconsistent with the intent of the zoning district regulations that regulate the proposed action.

So in this case, the proposed action is actually regulated by Government Code Section 65662, not the Watsonville Municipal Code. So the Planning Commission is limited to consideration of whether the Zoning Administrator erred in the application of the four criteria related to approval of low-barrier navigation centers located in Government Code Section 65662. 20:12
So going through the items on the on the appeal reasons, items 1, 2, 5, 6,and 7, can be removed because they're not related to the action taken by the Zoning Administrator. Item 3 can be removed because Staff is required to take an application with the payment of fee even if they're incomplete, and that's honestly they're usually incomplete __ .

So for the remaining two, numbers 4 and 8 related to the consideration of existing use and conditions on the property and the failure to require a special use permit for the Church as a the prerequisite project. Government Code 65662 does not identify any requirements related to the existing uses on a project site or on adjacent properties. The only use related requirement is that the site be zoned for mixed use. The downtown core zoning district is a mixed use zone in which multi family residential uses are principally permitted, so the low-barrier navigation center is allowed by right. Existing uses on the three parcels, nonconforming or permitted, cannot be considered as part of the project analysis or approval.

And the second half of the list, items 9, 13, 14 and 15 are also departments under the Government Code Section 65662, and number 12 related to the civilian building permit submission Caltrans, we don't have a building permit submission yet, so that's not correct.

The remaining ones 10 and 11. 10 can be removed because this is a low-barrier navigation center not an emergency shelter as defined in the government code. And the remaining ones the City did not identify or request qualifications for the entity responsible for managing the low-barrier application center. The Government Code Section 65662 does not give the City the authority to request or analyze the qualifications of the services providers. Rather, we just have to assure that the a~plication has identified the service Ian and services staff.

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So, in summary, the information presented in the appeal letter does not warrant overturning or rescinding the Zoning Administrator's approval of ARP 2023-6297 because it does not demonstrate the action was taken erroneously, whether it was inconsistent with the intent of Government Code Section 65662. And with that, Staff recommends Planning Commission deny the appeal and uphold the approval the Administrative Review Permit for a low-barrier navigation center located at 118 1st Street and find the project exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15268 With that I give it to Vice Chair. I don't think I see the County tonight. Okay, okay, great.

Peter Radin 23:24
Thank you, Matt. So I will now turn to fellow Commissioners and suggest that they pose questions that are technical in nature.

Brando Sencion 23:38
I have a quick question. Can you go back to the first page? Um, so Staff has to require a special use permit for the Church as a prerequisite for the project. Can you clarify that a bit more? I think I missed it, but want clarification on that.

Matt Orbach 24:08
The intention of the Appellant was that the so the Church is a legal nonconforming · use on property meaning that it was never permitted when it was originally established, and so the intention of the Appellant is that it is required, with the addition of the low-barrier navigation center, to now come back in and get a special use permit before the City can improve the low-barrier navigation center on the site.

But that's not basically a nonconforming use can continue to perpetuity, unless it is expanded or enlarged, and this is establishment of a new use of a property not an expansion of the church use. So therefore Staff's posision is that that's not the case.

Lucy Rojas 24:55
Thank you. Um I wanted to ask um and this is related to the items noted in the appeal letter. So is the Staff Report that we're reviewing ___ is that available to the public? Matt Orbach 25:06
The staff report that went out in the Agenda Package? Yes, yes, Lucy Rojas 25: 17
Okay, the reason I was asking was because I really appreciate all of your work, the way in which the the appeal these two slides with the response, it was a little confusing to follow, and I was going to suggest that you go through each one like it is in the report. I think, because there's so many members of the public here, I think it'd be helpful, really helpful for me to go through each one and hear Staff's response and analysis, because this is really the crux on we're going to decide. So I just wanted to suggest that, because I don't know if everyone has seen what's available to the public or not, but just to be really clear, I was following in terms of who said these don't apply, and these don't apply, so if we could go through each one, I think it would be very helpful.

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Peter Radin 26:04
And might I suggest that as we go through the individual line items, we pause with each one and then have the technical questions that relate to that item asked. Otherwise, it's going to be a jumble, which I think will be more difficult for us to deal with as a Commission and audience, probably. So is that something we can?
Matt Orbach 26:28
Yeah, it will be a bit of repeating, because there's __ response in several of these. Because really, it looks like this appeal is just criteria in Government Code Section. So when I mentioned that they were removed, they were because they weren't related to the four requirements. But I'm happy to go through them in a moment, so I don't have the full list of the non paraphrased ones .. I'll go back to this one.

So number one.

City Staff improperly withheld critical information from certain City Council Members regarding collaboration by Staff with county government officials as to the siting of the project at Westview Presbyterian Church location.

Staff analysis was that this comment is not related to the entitlement review process and is does not identify any actions erroneously taken by the Zoning Administrator. Therefore, this is not grounds for modifying Zoning Administrator's approval of ARP #2023-6297 and Staff also disagrees with this characterization.

Peter Radin 27:30
Another technical point that actually applies to a number of __ is the appeal itself casts these individual items in the context of the entitlement review process. And so I'm interested in the working definition of the "entitlement review process." I have a bit of a grasp, but I would like some reassurance that I understand it. Perhaps others may benefit because I think that the definition of the entitlement review process is actually part of the evaluation of the relevancy of various items that are mentioned here. We have an unfortunate kind of a "he said, she said," scenario in these cases, because unlike most appeals in the court system, the aRpeal here we don't really have a way of certifying the facts, so we have dueling facts. And I just think that an easy way to basically dispense with some of this would be to define in the entitlement review process, the extent these fall outside of that, then they are no longer a concern. So because it's asserted that it's part of the entitlement review process, and if we can show the entitlement review process is more telescoped than what I think this implies, then I think it's helpful.

Matt Orbach 28:58
Okay. So the entitlement here is the Administrative Review Permit. It's a ministerial approval, which means it's generally done at a staff level where an application comes in, it's for a "by right" use that should you know comply otherwise to code and so Staff verifies that whatever relations applied to it are, in fact, you know, in compliance with the checkboxes and then the permit is issued. And so that process, in this instance, stretched out much longer than it would usually, from October 2023 to September 2024. Basically, because it was it ended up being more like a normal entitlement submittal for a project that goes to multiple project designs. Usually with an administrative review permit, there's Transcribed mostly by https://otter.ai 10
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not site design considerations, there just stuff that was addressed under the emergency shelter portion of the code. The way that this was originally viewed. Had this been originally as a low-barrier navigation center, and __ Government Code 65662, you just have to check these four boxes, we wouldn't be where we are today.

Peter Radin 30:09
So the entitlement review process is defined by time, and it's also defined by specific steps within the process, so things can be going on concurrently. For example, the allegations that information was withheld, things like that. I mean, is that part of the environmental review processes even tied into that, or is that just a concurrent event. ___ ?
Matt Orbach 30:37
I believe, from the wording that was submitted with the application. This reference same actually pertains to the previous city manager in relation to correspondence with the Applicant, County of Monterey and County of Santa Cruz, prior to even submitting the application. So.

Peter Radin 30:58
Thank you. That helps me and I hope it helps couple others too. So we have we exhausted the Commissioners' questions about item 1.

Matt Orbach 31 :14
Okay, so for number two: Staff imQroperly made false by statements to the City Council and the QUblic regarding predicating involvement by Staff with the state grant aQ lication for funding the Rrojects.

It's the same response to number one, which is that it is not related to the entitlement review process and does not identify any actions erroneously taken by the Zoning Administrator. Therefore this is not grounds for overruling the Zoning Administrator's approval for ARP 2023-6297. This is another one that I believe is referring to just conversations at the City Manager level related to projects.

Peter Radin 31 :57
Okay, seems to be here clear on that. So to three, please.

Matt Orbach 31 :57
OK. Number three: Staff improperly accepted the application. This is because the application was defective due to significant omission of important information. City Staff Snalysis. City staff is required to accept entitlement applications, which are then reviewed for completeness. The project went through several rounds of review and received several incomplete letters before the application was deemed complete and project application approved. This is common practice for entitlement applications which are generally incomplete or require time changes to comply with development standards and other regulations at the beginning of the review process.

Peter Radin 32:37
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Any Commissioner want to follow up with that? Okay, now we move to number four, which I think is an important one in terms of the grand scheme, if we can really understand that, it advances the process, okay?
Matt Orbach 32:51
So for number four: Staff can improperly approved the application without examining and determining the existing uses and conditions on the project site and surrounding environment. The analysis is the project site is zoned downtown core which an area zoned for mixed-use.

Therefore, ____ surrounding the provisions of Government Code § 65662 apply. Government Code § 65662 does not include any requirements related to the use on the project site or surrounding environment.

Peter Radin 33:13
Matt Orbach 33: 13
Five. Staff improperly conducted, defective informational meetings for adjacent residents and businesses by erratic and incompetent noticing and scheduling. The analysis was the same, like kind of not related to the entitlement review process. It's not identifying any actions erroneously taken by the Zoning Administrator. I will just point out that with this Government Code Section, there are no requiremewnts for public meetings related to so and it's referring to actions taking up the council city manager related to proactively reaching out to ___ , even though that was not required under the state law.

Peter Radin 34:07
Number six
Matt Orbach 34:08
Staff improperly withheld critical public documents from the City Attorney or Attorney representing the neighbors in the vicinity of the Church violating the California Public Request, sorry Public Records Act.

The analysis was this was not related to the entilement review process, and does not identify any actions erroneously taken by the Zoning Administrator. Public records reqeusts are __ and are not in the purview of the Zoning Administrator as _____ _
Lucy Rojas 34:30
Question I was wondering was a request? Was there a public records act request in this matter? Was there a records act request in this matter
Matt Orbach 34:50
I believe there were several.

Lucy Rojas 34:44
And those were dealt with in that process?
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Peter Radin 34:52
Is the allegation directed to the city clerk, or is it directed at the planning staff? Matt Orbach 34:58
Well, I mean, given the context of the appeal, it should be directed at the Zoning Administrator. But as I mentioned, that's not under the purview of the Zoning Administrator. So, you would have to ask the Appellant.

Justin Meek 35:12
And to follow up with the question about this is handled by the City Clerk's office, my understanding is these all public record requests are addressed, and I can speak to the interest that it was __ Peter Radin 35:28
But I was wondering whether the allegation that there was lack of cooperation between two divisions of City Hall or whether it was directed at the City Clerk.

Justin Meek 35:41
But yeah, request requests come in. They are typically assigned to corporate divisions or departments that are responsible for something like ___ , GARBLED.

Lucy Rojas 36:01
Is is there an appeal or grievance process for the CPRA process that this the person that submitted this complaint, that you referred to, because that would be the appropriate process to __ to them which are, right?
Justin Meek 36:18
I can't speak to that. GARBLED. --------
Lucy Rojas 36:38
Could we make that request of Staff or the appropriate city department that if there is, if there is a process by which somebody can submit a complaint about a CPRA request that they refer to that process?
Justin Meek 37:16
___ City attorneys are better equipped to __

GARBLED
Peter Radin 37:14
City attorney joined the meeting at ___ . GARBLED
Mary Wagner 37:30
Sorry. Apologies. OK
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Justin Meek 38:05
So why don't you go ahead and repeat your question for the City Attorney. (GARBLED) Lucy Rojas 38: 12
My question is so one of the complaints that's that came in the appeal letter mentions that the staff improperly withheld critical public documents from attorney through the CPRA process. So my question is that it's clear to me, based on Staff response, that an appeal of the CPRA process is not appropriate under this ___ tonight. So my question is, is there a process that this the person that sent this this letter, this complaint, could be referred to. Is there an appeals process for people who will think that the CPRA process was not affected appropriately? If if that that's already happened.

GARBLED.

Mary Wagner 38:58
Thank you, Commissioners. And first, may I apologize to the Commission and public for being late due to circumstances beyond my control? Thank you for your indulgence on that. You are correct. This isn't the appropriate forum to air a Public Records Act, um, concern. It is my understanding that all the records that were responsive to requests were provided, but if the person who made the request believes that there are documents that were ina~propriately withheld, the Public Records Act itself has a process that can be followed. I don't have the statutory reference for you right now, but it likely to rep-=- o'-'- rt __
Lucy Rojas 39:38
___ the act we should be provided to the person that sent the letter. Thank you. That helps my question.

Mary Wagner 39:43
Sure. Okay, thank you.

Peter Radin 39:49
So are we picking up a seven?
Matt Orbach 39:51
Yes. so number 7. Staff improperly made false public statements alleging that the application does not exist for the project, which led to public misdirection. Staff analysis that this not related to the entitlement review process and does not identify any action erroneously taken by the Zoning Administrator. Same response as the previous items. Um, for a little context here, I believe this is referring to public statements made by Interim City Manager Vides at the time about, I think, and there's something lost in translation here. I think what she was trying to say was that we had not received a resubmittal of an application, not that one didn't exist. Because between October 2023 when we see two or three page initial submittal, and July 11, 2024, there were no official submittals. There were a lot of meetings, and a lot of conversations about project design, what the type of use was, but there was not an official submittal that could be shared that was reliable.

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Peter Radin 40:51
So if we move to eight, may I suggest you spend some time on this, because I think that time spent on this particular point is going to resonate. And I think that that it will serve us well as we proceed.

Matt Orbach 41 :23
Absolutely. __ And have the slide open. OK.

So number 8. Staff imQroperly failed to guide the Applicant to obtain, b~ necessity, a special use permit for the Church as a predicating step for the entitlement of the project.

And the analysis was that the low-barrier navigation center is a use "by right" per Government Code Section 65583.2(i), quote "use by right means that the local government's review may not require conditional use permit, planned unit develoP.ment permit, or other discretionary local government review or ai:?_Qroval that would constitute a 'project' for QUrposes of the California Environmental Quality Act.

Therefore, no special use permit may be required by the City as a predicating step in the entitlement ot the project.

And so to expand on what I said earlier on nonconforming __ uses the slide deck. This is the section of the Watsonville Municipal Code that deals with nonconforming uses. It states that the nonconforming use may only be increased in size or intensity or modified in location or character through the granting of a special use permit after making findings that such expansion or modification will not adversely affect adjoining roperties and those findings required by this other conception. So Westview Presbyterian Church, as I mentioned previously, is a legal nonconforming use meaning that it was established prior to the current zoning that is not being increased in size or intensity or modified in location or character as part of the P.ro sed project. So they continue to and nothing in the Government code section, regulating low-barrier navigation centers, triggers review of the legal nonconforming churches. This is the establishment of a new use on our ro erty that the church owns. It is not the church use that is existing there today exRanding.

Peter Radin 43: 16
To boil it down to something simple. Is the question a change in the Church use, or a change in the Church property? And I think that that may be where some of the disagreement arises, and I understand that the city's position is that the use has remained the same, hasn't intensified, it hasn't expanded, it has not changed, vis-a-vis the Church.

Matt Orbach 43:43
Yes.

Peter Radin 43:44
But the Appellant takes the position and will have them speak for themselves, of course, but just to clarify at this moment, the Appellant takes the position that just by the nature of the low-barrier navigation center being placed on the same set of parcels, that it inevitably results in a more intensified use or change in use of the property. And so that's where the rub is so to say, Transcribed mostly by https://otter.ai 15
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Matt Orbach 44:14
Yes. I will point out, though on along the lines of it being a Rrerequisite, that even if it were the case that the nonconforming use needed to be brought into compliance with the issue of a special use permit, that would not not preclude the approval of a low-barrier navigation center on the site r;2er government code. So that, if that were to be found to be an issue, it would be dealt separately from this a()proval.

Peter Radin 44:37
And it would fall upon the use of the Church, it might affect the use of the Church. There would be some sort of enforcement effort, potentially, or something like that. But that would not then extend to the low-barrier navigagtion center.

Matt Orbach 44:48
Yes, it wouldn't need to be done prior to the aRproval.

Peter Radin 44:50
Because that is an important point. I think, if I'm incorrect with the Applicant, is that the entire parade is held up, in the opinion of the Appellant, the whole parade is held up until the special use permit is delivered. And that would be a different treatment.

Matt Orbach 45:19
So that's my understanding ___ _
Peter Radin 45: 19
And again, I want to encourage the Appellant, there's the opportunity to do so to correct any of this characterization to be made as part of this walking through the fifteen steps here. So is there any request for clarification on item 8?
Matt Orbach 45:52
So I believe we're on 9.

Staff improperly failed to respond to the legal analysis presented by the neighborhood attorney. This is the same response comment is not related to the entitlement review process and does not identify any actions erroneously taken by the Zoning Administrator.
frhis item is related to a letter that the City received on July 29, 2024 from William R. Seligmann, Attorney that covered several issues. The inapplicability of SB 4, which is the colloquially used "God's Backyard Bill" that allows for housing development on church sites, which we're in agreement that was not being used in this case. So skip over that. And then it also covered the what we just covered in number eight, which was that they contended that there needed to be a special use Qermit issued for the Church prior to given the apRroval of a low-barrier navigation center. This letter was received. It was read. It was considered, and I included in the analysis of the staff was doing the project at the Transcribed mostly by https://otter.ai 16
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time. It also did not demand a response in the wording of the letter. The final sentences. "I hope this information is helpful to your consideration of this project. If you have any questions, please feel free to contact m"e so there seems not taken under consideration as part of the project to clearly look at the government code sections whether or not the existing use needed to be addressed as part of this Rro·ect.

Peter Radin 47:22
And is it that line and thinking that resulted in that letter being omitted from the initial agenda package? Matt Orbach 47:27
Yes, the issues raised in the letter were addressed in the Staff Analysis in the staff report already, so we didn't feel the need to address it separately.

Peter Radin 47:49
Can we go back on the slides to the enumerated list? Okay? Matt Orbach 48:02
Okay, so number 10. Staff improperly approved the application without determining the size, location capacity, and character of the project that would be used as an emergency shelter as defined and regulated in the Watsonville Zoning Code.

The analysis here is that the low-barrier navigation center is not regulated under the Watsonville Zoning Code because it is not emergency shelter. This is the topic of many conversations. A lot of the analysis during that occurred during the period between October 2023 and July of 2024, the requirements of Government Code Section 65662 which regulate low-barrier navigation centers, do not allow consideration of the size, location or capacity of low-barrier navigation centers. However, the size, location, capacity and character of the project were clearly stated in the ARP application materials that were received and reviewed by the City Staff prior to project approval, and the City did provide guidance for the Applicant on the information that she submitted as part ofadministrative review process for review at that time.

Peter Radin 49:01
So as two ships passing through the night, where the Appellant takes exception to the distinction you're making between an emergency shelter and a low-barrier navigation center, is that what's going on there, they're saying that this is an emergency shelter? Matt Orbach 49: 18
That seems to be contention of this comment, and I would understand the confusion, given that this has sort of shifted in title over time. You know, the original application did say transitional housing, the City's guidance letter for emergency shelters, because that was the one section of the Watsonville Municipal Code we have that applies to housing of this --- housing for the unhoused. And then throughout the meetings that we had with them, you know, we explored lots of different housing types, transitional housing, supportive housing, low-barrier navigation centers. And then when we asked them Transcribed mostly by https://otter.ai 17
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for clarification, they went with low-barrier navigation center. So that's how it was reviewed after we received the third submittal in August.

Peter Radin 50:06
To 11 please.

Matt Orbach 50: 10
Staff improperly failed to require that the application specify the entity responsible for managing the emergency shelter and providing the qualifications of said operator.

So Staff analysis, Government Code Section 65662(a), only requires that the project have a services plan that identifies services staffing. The application materials identified, identify the Community Action Board as a provider of services staff. So this is one where the government code language is pretty vague. It just says that they have to submit the staffing plan and identify the provider which they were identified in the grant application.

Peter Radin 50:46
So this might be an entree to ask the question, if you could explain the relative responsibilities as you understand them - DignityMoves, County of Monterey, Community Action Board. Can you give some color on that?
Matt Orbach 51: 10
I think that would be a fair question for the Applicant when they get up here. I, I, I sort of rememben what I read in the in the original grant application. But for an appropriate answer, you should ask the Applicant.

Peter Radin 51 :20
Because, again, I do think it's vague when you say responsible for managing, because I think that CAB was listed as providing staffing. But that kind of begs the question as to who is the ultimate where does the buck stop with respect to managing the facility and and then, are we the appropriate authority to decide whether or not the manager is appropriate or not? And I would ask, perhaps, when the Applellant's make their pitch, if they might address that. Okay.

Matt Orbach 51 :58
I believe that the as I'm this, I don't know how you would title that, but the different groups involved have different responsibilities. So there's one group, I believe, the CSUMB group, that is does outreach to the folks on the levee, on the front end of identifying folks to get into the facility. Then you have the CAB group that does the management on people on site that does Medicare, medical, health side and things, another one that deals with employment. So there's multiple groups that are involved in this project. ____ GARBLED.

Lucy Rojas 52:30
Vice Chairman, I wanted to also point out to you that in the Grant AP.plication that we have a copy of page 13 of 18, there's a complete staffing list for the project.

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Peter Radin 52:42
Yes, you know, and I think that that's useful information in general for background, but I am wrestling with the role of the Planning Commission vis-a-vis the operation of the facility. Is that, and we're kind of in the land use business, and certainly there's some overlap with that. You see that in the context of the licenses and things like that, but in this one, I'm just a little bit shaky as to, you know, what role we have and how much influence we should have over that, and that's why I would suggest that Appellant address that with us.

Matt Orbach 53:25
Okay so number 12.

Staff improperly submitted a building permit submission to Caltrans in July 2024, prior to approving the Zoning Clearance Occupancy Permit Application.

As part of the application review s as far as the application previously, City Staff reached out via email to Caltrans staff to inform them of the proposed work along state route 129 and inquire about whether they had questions and concerns that could be addressed during the future building permit process, because the project frontage is in the Caltrans right away, and consultation with regional agencies is a normal part of the development review process. ________ - there was already a public works project slated to be done in ______ . Just want to make sure how this potential of each project would fit within those plans. So we reached out, got that response, and they provide a little bit of feedback that can be taken into consideration when we receive that building permit applicaiton.

Peter Radin 54:21
How would the public interest be compromised or negatively or adversely affected if a building permit were submitted to Caltrans prior to approving of the application? I'm a little confused about the reason that this is included among 15 complaints. I mean, is, am I missing something? Matt Orbach 54:45
I'm not sure.

Peter Radin 54:47
Another question for the Appellant.

Matt Orbach 54:49
The main comment was an encroachment permit would be required to do work, essentially, all that Caltrans said and like you, I don't know how even if we had a building from the application design at the time, how that would be __ _
Peter Radin 55:03
I mean, the timing of it was a curious aspect. There must be something special about the timing. And again, they'll have a chance to address that.

Matt Orbach 55: 15
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I think there was some confusion at the time about whether or not this submittal in July of 2024 was a building permit application versus entitlement of Administrative Review Permit application from October 2023, just simply because of the length of time that had transpired between those two dates. So that might be another one that's just usually due to the extended timeline.

Peter Radin 55:39
Number 13
Matt Orbach 55:41
Staff improperly failed to evaluate the animal policy of the emergency shelter, including the density of domestic animals and/or farm animals that will reside on the Church property. (Chapter 1 of Title 6 of Watsonville Municipal Code)
Staff Analysis: The animal policy of the emergency shelter cannot be considered under the review requirements in Government Code § 65662. That's not one of the four criteria that the City can look at as part of its review.

Peter Radin 56:07
Questions about 13? 14 please.

Matt Orbach 56: 11
Staff improperly failed to require an adequate good neighbor policy. The analysis is that a Good Neighbor Policy is not one of the review requirements in Government Code 65662, however, the project is required to comply with the County of Monterey Homeless Services Good Neighbor Protocol, which was submitted as part of ARP application documentation. So even though it wasn't required, they did submit the Good Neighbor Policy that they would abide by and require to abide by.

Peter Radin 56:40
But your position, the city's position is, is that there was no requirement for the city, right? The fact that it was done in a different point is extra __
Matt Orbach 56:53
Yes. Staff improperly failed to consider issues pertaining to Loaves & Fishes institutional operation at 150 Second Street. The analysis for Loaves & Fishes institutional operation on Second Street is not part of the project and cannot be considered under under the review requirements in Government Code § 65662.

Any questions? ___ Okay, all right. Well, thank you, Matt, for going through that. I know that you've been through it a lot. Thanks for helping bring us and the audience on the nature of some of the complaints. At this point for clarification for the City Attorney is the presentation necessarily limited to five minutes, if the if the Planning Commission decided to expand the presentation time of Appellant and Applicant more time would that be appropriate?
Mary Wagner 58:00
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Yes, the Planning Commission has the discretion to do that.

Peter Radin 58:07
It just seems to me, and I don't know about my fellow Commissioners, but it seems to me that there's a lot of meat on the bones, and I just don't want to sacrifice, you know, the interest of, sort of false emphasis on five minutes. We take a lot of time ourselves and have the Appellant feel that thye're under pressure, or have to, you know, set aside some of their points in order to address points that we've requested. So I'd be interested in allowing a little bit more time to both sides, if that's something acceptable to you all.

Dan Dodge 58:47
I thought that was an extremely long and necessary to be able to go through items specifically addressed. I'm glad that for the members of the public, thank you. Then we're able to do that, but I'm in favor of giving the Applicant 15-20 minutes. Is that what we're asking and we're asking for another hour?
Peter Radin 59:24
Well, I think, I think it's in our discretion, but I think that if we were to move to 15 minutes per side, I think that would make a big difference in terms of their ability to communicate where they stand and what some of their points are. Points, you know, really get to ___ exchange information in five minutes __ _
Dan Dodge 59:48
I want to honor the respect time and members of the audience that have come here to speak tonight.

This is a public hearing. I mean it's partially for the public too.

Peter Radin 59:59
But I think that you know their presence here indicates that they do regard this as an important matter, and so I wouldn't want to presume and speak to the audience, but my assumption is that they agree that both sides should be heard . I was thinking 15 minutes per side. What if we did that? Lucy Rojas 1 :00
Make a motion to provide 10 minutes to each Applicant and Appellant.

Brando Sencion 1 :00
They need five, they take five.

Peter Radin
We're not asking them to fill the time, but we also, I just it's like a game show. I don't want to hear the buzzer go off in mid sentence. So I'll entertain a motion.

Peter Radin 1 :00
Okay, so motion and seconded for expanding the timeline for both the appellant and Applicant of having up to 10 minutes, okay, so with that, I would ask.

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Mary Wagner? 58:00 Vote?
Oh, I'm sorry I didn't see any objection, but I think we should, for purposes of our record, make your drive pattern worthwhile. Take a vote. So all those in favor, aye. Opposed. Motion passes. We have an abstention. Very good. So like to ask the Appellant to take the podium please.

Catalina Torres 1 :01 :32
Members of the Commission, my name is Catalina Torres

NO VOLUME WHATSOVER
My name is Catalina Torres, and I am a resident of the city as well as the leader of a neighborhood coalition that opposes the establishment of a homeless shelter at the Westview Presbyterian Church site. After learning about the proposed shelter, many neighbors expressed their concerns, viewing it as poor planning and unjust unjust to our community - District 1.

Peter Radin 1 :02:30
I'm having a little bit of difficulty hearing you, perhaps you can get a little bit closer to microphone.

We'll give you an extra 30 seconds,
Do you want me to start all over?
so I am a resident of the city as well as the leader of a neighborhood coalition that opposes the establishment of a homeless shelter at the Westview Presbyterian Church site. After learning about the proposed shelter, many neighbors expressed their concerns, viewing it as poor planning and unjust to our community - District 1.

I collected signatures for petitions and have formed a coalition of neighbors who have felt threatened by homeless individuals. We have spoken at City Council and community meetings to express our concerns about this project. The City Staff delayed our access to public documents and failed to provide several key documents altogether. We obtained legal advice from a reputable land use attorney who provided an analysis to the City Staff highlighting procedural issues with the proposal.

City Staff did not respond to the legal analysis and also failed to include it in the Agenda Package provided to you.

Due to the city's handling of this matter, two distinct issues have become intertwined. These issues pertain to the conditional use status of the church and the regulations governing the navigation center.

The primary and the most important issue for the Commission is the Church. It is a nonconforming conditional use that does NOT currently have a use permit. Due to the changes associated with establishing the shelter, the city's zoning code requires that a use permit be required for the Church to establish a legal area on the property for the shelter. The Zoning Administrator did not require the Church to take that action, which constituted a violation of the City's Zoning Code. As a result, the zoning approval was issued in error and should therefore be revoked. ~ranscnbed mostly by https://otter.ai 22
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Marta Bulaich 1 :05:07
Members of the Commission.

My name is Marta Bulaich, and I'm a member of the neighborhood Coalition appealing the Zoning Administrator's permit approval. I want to provide information that has been withheld from you by Staff that is relevant.

Staff asserts numerous times in the Agenda Report that your decision-making is controlled by Government Code Section 65662 related to low-barrier shelters.

Staff then asserts that it preempts local authority and that none of the provisions of your City's zoning code apply to the project. The entire structure of your Agenda Report is written with that assumption.

Please be aware that Staff's assumption is unreliable and should be challenged.

Staff's manipulation on this matter has created assertions that should be rejected. For example, on page 3 of the Agenda Report, Staff states the Commission can only consider issues identified in the Appeal. But then Staff states that this means that the Commission can only consider four criteria of low-barrier shelters that are in Government Code 65662. That is nonsensical.

Staff's claim that Government Section 65662 completely preempts your zoning code is simply false.

The Commission has properly received the Appeal and has every right to consider the issues in it.

The Appeal and related Rebuttal documents that I sent to you this afternoon should be the controlling guide for your decision-making. .

There is another serious issue to resolve this matter. Staff says that a low-barrier navigation center is not shown as a use in the Watsonville zoning code, and that means that, then that Watsonville has no regulations for low-barrier shelters. Staff then claims that this means that the only regulations that apply are Government Code 65662. This analysis is wrong. The Downtown Watsonville Specific Plan, which you approved, states that any use not shown in the related table 6-3 is allowed by right and is regulated by that code. Also, regardless of the low-barrier navigation center issue, the parcels are governed by the rules for churches, zince there is a church on the property. This afternoon, you also received another document from me. It demonstrated how the Zoning Administrator misled the Council and the public, not the City Manager alone, but the Zoning Administrator, Suzi Merriram. You can see all the documentation in that document. It is 402 pages. It is not a "she said he said." It is actual quotes from city managers as well as the Zoning Administatror. Even Matt Orbach was kept out of the Transcribed mostly by https://otter.ai 23
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loop and in his conversations with Monterey County, he emphasized how he was siloed from this project. Thank you.

Ilia Bulaich 1 :08: 19
Members of the Commission. My name is Ilia Bulaich, also a member of the neighborhood coalition.

There are several points that I wanted to follow up and respond to.

One of them is, is that, again, the properties are zoned in your Downtown Specific Plan, and in that area that it states that any use not shown in that table, then is in is allowed by right and is regulated by the Downtown Specific Plan rules and then all other allowable parts of your regular zoning code.

The basis on which Staff is claiming now that Government Code 65662, is only thing that governs there is already in dispute. There's another issue that needs to be resolved. Staff explained to you that well, when Staff withholds public documents from somebody who is an affected neighbor of a land use proposal, that Staff does not have to comply with the document request. So thent think about it, Staff is telling you now that Staff doesn't have to let affected neighbors know what's happening, and then the affected neighbors then can't figure out what's happening, and they can't figure out how to do a functional, meaningful response, then there is no recourse, and there's nothing that can be done, and that that's because of this dubious, nebulous concept they presented to you, that there is a entitlement review process as to how they have tried to artificially define to you.

Be aware that there is no legal basis for Staff to be trying to shove and guide and channel you into complying with their artificial, constrained definition there, particularly when and it completely cripples any type of functional participation in the process to figure out what's going on and then meaningfully participate in providing input so that the project can't end up being conditioned and evaluated properly for controlling the impacts on that. And then there was a discussion about the nonconforming use issue. I'd like to point out something. Staff is also giving you a manipulation and falsification on how to evaluate a nonconforming use.

Keep in mind something. That when you have a property present that is going to be evaluated, your use permits specify where the use is on the property, which area it occupies, the nature of the use, and specific particulars. The conditional use or a non conforming use, is interpreted by its location, presence on a property. A given use is not confined to a specific building, the use it can be distributed across the property, the building, everywhere. That's where that should be interpreted. Thank you.

Peter Radin 1 :09:35
Thank you. I'd like to ask the Applicant to the podium to address the Commision.

Roxanne Wilson 1: 12:04
Good evening. My name is Roxanne Wilson, and I'm the County Homeless Services Director for the County of Monterey. Thank you so much for this opportunity to speak on behalf of Recurso de Fuerza, often referred to as RDF, or the Tiny Village. RDF was intentionally designed to meet the definition of a low-barrier navigation center in compliance with Assembly Bill 101, Senate Bill 2 and Senate Bill 1395.

Participants of this program will have access to 24-hour staff, housing navigation, connections to public Transcribed mostly by https://otter.ai 24
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benefits, medical care, jobs, _, document, replacements, mental health and substance use disorder services. These wraparound services will will be offered to support the ultimate goal of moving them into permanent housing. Clients can choose to be entered into the Coordinated Entry System in either County. Actually the Coalition, the continuum of care for Monterey County is two counties, so theoretically, they can be housed within one of three counties. Case managers and service coordinators will be trained on evidence-based practices for client engagement, including, but not limited to motivational interviewing and housing-first philosophies. Client information, their outcomes and demographics will be tracked in the Homeless Management Information System of both counties.

For the clients in the surrounding neighborhood is of the utmost importance. Key features of the site are security, fencing, 24-hour surveillance, ADA ramps, private rooms, flood resistance and fire sprinklers in each unit. Clients can be offered most of what they need within the walls of the program, which includes a pet relief area, showers, food service and storage. This is unlike most of the programs that you currently have in the City of Watsonville, and because the amenities are limited to program participants, foot traffic by outsiders in and out of the property will be minimal, and yes, must be approved by program staff. I want to emphasize that RDF is not a traditional shelter, as it has been named several, several times throughout all of the documents that you have read. It is not a warming shelter. It is not a drop in center. It is a service enriched ___ low barrier navigation center. At its core, RDF offers much more than temporary shelter. It provides a supportive environment paired with critical services. It will offer a chance for individuals to move beyond mere survival. It will help them rediscover and rebuild the life skills that they had to adapt or abandon while living unsheltered, and will reacclimate clients to living indoors. During the month of August through December of 2022, the __ outreach team mentioned one of the slides earlier, had identified 57 people between river miles two and five who said that they wanted assistance with resolving their homelessness. Since then, we've had a couple of storms, one major flood, and a few encampment cleanups, and we have yet to provide the help that they have asked for. This has been an ongoing issue for people who are living alone on the levee. Due to the complications created by jurisdictional boundaries, services are often inconsistent and ineffective, which is why both counties agreed to establish a partnership and properly serve this population. Through this partnership, the County of Monterey has identified nearly $8 million dollars in state funding and is leading the development of the site, and Santa Cruz County plans to take over the project after the sunset of the __ . This is what partnership looks like. Two counties that are structurally and culturally set up quite differently, put everything aside to meet the common goal, which is to help the people who asked for it. Earlier. there was a question about the relationships of all of us.

As you can see, we have quite a few people here, so DignityMoves is what is called the development management agency. They are responsible for coordinating all of the teams, the surveyors, the contractors, and they are kind of the central point of the entire group that's working on this project.

Community Action Board is replacing HomeFirst. So inside of your packet, I believe you received the application that the County of Monterey has submitted to the state, and we had listed HomeFirst as this service provider, but since then, we have moved to a local service provider with extensive experience in working with Watsonville residents and also working with this population. We're here today because the City Staff had approved the county zoning, the county's Zoning Clearance Application, and that approval is being appealed. And while I do absolutely feel for the frustrations of the Appellant, I also don't want to dismiss the fact that 57 people asked for help two years ago, and this is a project that is intended to help them. I think it's really I want to emphasize that this project is not for people who want to remain homeless. This project is for people who want to resolve their homelessness. This is not the Transcribed mostly by https://otter.ai 25
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people that this the folks that are so passionately disparaged by. This is a whole this group of folks wants help, and I feel like as two governments, three governments, including the City of Watsonville, this is an opportunity for us to report that to them. And further, the Appeal, in itself, does not disqualify this project by as a "by right" use. RDF has met the statutory requirements of low-barrier navigation centers, which is why I respectfully ask that this Appeal be denied. Inside of your packet you also should have received a letter from the State of California. We have engaged them. The Housing Community Development Housing Accountability Unit has reviewed all of our applications. They are very familiar with this project. They are ones who funded this project, and they also agree that this appears to be a low-barrier navigation center. So that is actually the end of my comments, because I was prepared for five minutes. But if you guys have any questions, I'm here to answer them. Thank you.

Peter Radin 1: 18:30
Thank you. Any questions, any questions?
Roxanne Wilson 1: 18:38
Thank you so much.

Peter Radin 1: 18:41
Oh I see my colleague has raised his hand. Thank you.

Dan Dodge 1: 18:43
Is the Microphone on still. Good evening. Thank you for taking the time to address this evening. We sat through a very long presentation that was to be able to inform members of community ___ of Appellant, trying to keep my terminology here correct. Our argument to do that. Can you said that? Well, for those people that haven't been sitting through this whole process and such like that, Monterey County became involved. There was sort of an impetus, and after the after the Pajaro floods hit the area, or just as a project in motion before the floods? Roxanne Wilson 1: 19:38
So historically, every year, the County of Monterey does an encampment cleanup along the Pajaro River. And a few years ago, there was a little bit of contention because we didn't clean up folks on the Watsonville side. This led to litigation, which I'm not familiar with, but you can direct that ____ I have reached out to both this County of Santa Cruz and the City of Watsonville when it when I first got to the County of Monterey, because I came from the nonprofit sector, and I let them know that we were planning on doing a cleanup, and I wanted to coordinate service, outreach, all of those things before we had done so. So that was in at the end, I don't want to see the month, but specifically the end of fall of December 2022 and during those conversations of coordinating the cleanup, we had discovered that there's probably a better way for us to do this, and that's when I deployed the __ outreach team for them to go and figure out if there was even an interest for people on the levee for us for services, and find out why we weren't engaging with services and heavily on applications. For us the levee broke March, the year after.

Dan Dodge 1 :20:54
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Received
Watsonville
City Clerk
EMAIL EXCHANGES DATED JUNE 26, 2024 WITH SARAH FEDERICO AND

DAN HOFFMAN RE LAST CITY COUNCIL MEETING
In these emails, Monterey County stated that the Building Permit Application would be filed in July 2024. This coincides with the letter Orbach sent to Caltrans on July 24, 2024. Ergo, Orbach misled the Planning Commission about the nature of the Caltrans letter. Caltrans' July 24, 2024 letter to Orbach is also included.

RE_ last city council meeting.msg ! Download
RE: Last city council meeting
FS
Federico, Sarah </O=EXCHANGELABS/OU =EXCHANGE ADM INISTRATIVE GROUP (FYDI BOHF23SPDLT)/CN= RECI PIENTS/CN =48C93D00569047EEBC8061D90C185CBF-5FDF2E93-1 D> To: Dan Hoffman <dhoff1 [email protected]>
Hi Pastor Dan ,
C3J Show email CT X
Wed 6/26/2024 1:29 PM
Nice to hear from you1 We are still working on the building permit with the updated schematic for the site as we JUST selected a Modular Unit Provider to build the Village. Right now, we are all working together and the only hold up is that we just finalized which type of modular unit we would use for our project and the Modular Provider has to update the construction plans with the product type for submission to the City. If we have any issues though after we submit for the permit, we will let you know. Thank you so much for being so thoughtful. •
Dates to Remember
Building Permit Application: July 2024
Site Development: September 2024-December 2024
Sile Opening: January 2025
So, once we get the building permit from the City, then we will know exactly when the site will need to be prepared for the Village to be constructed. Then we will work with you to obtain the "Right of Entry" agreement to develop the Vi llage. We estimate the site will be unavailable to the church for use starting in September 2024. don't think it will be any sooner but that could change. We will let you know if it does.

As always, please feel free to reach out anytime.

Hope you are well and please call anytime!
Best,
Sarah
925-330-8242
-----Original Message-----
From: Dan Hoffman <dhoff161 0@hotmail. com>
Sent: Wednesday, June 26, 2024 12:39 PM
To: Federico, Sarah <[email protected]>
Subject: Last city council meeting
[CAUTION : This email originated from outside of the County. Do not click links or open attachments unless you recognize the sender and know the content is safe. J Sarah, I pray you are well! Is there any update on our timeline for the tiny houses? Is there an update from the last city Council meeting? One of my leadership members was asking if there were certain individuals that were holding it up from the city? Because he is well-connected here in town.

Thank you and bless you,
Pastor Dan
Sent from my iPhone
f--. Reply r' Forward
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CAl ffORNIA STATE; 1RANSPO R1AT!ON AGENC Y
California Deportment of Transportation
CALTRANS DISTRICT 5
50 HIGUERA STREET I SAN LUIS OBISPO, CA 93401 -5415
[805) 549-3101 I FAX /805) 549-3329 TTY 711
www dot,ca.aoy
GAVIN NEWSO M . GOVERNOR
IJ:tltrang·
July 24, 2024 SCR/129/l l .3
Mott Orbach, Principal Planner
City of Watsonville
250 Main Street
Watsonville, CA
RE: Westvlew Presbyterian Church Building Permit Submission Dear Mr. Orbach:

The California Department of Transportation (Caltrans) appreciates the opportunity to review the Building Permit Submission for the Westview Presbyteria n Church, whic l1 provides 34 non-congregate modular units used as a low-barrier housing navigation center. Coltrans supports local development that is consistent with State planning priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety. We accomplish this by working with local jurisdictions to achieve a shored vision of how the transportation system should and con accommodate interregional and local travel and development.

Caltrans offers the following comments in response to the Building Permit Submission:
l . Please be aware that any future work. that is completed in, on, under, over, or affecting the State highway right-of-way is subject to a Caltrons encroachment permit and must be done to our engineering and environmental standards and at no cost to the State. The conditions of approval and the requirements for the encroachment permit ore issued at the sole discretion of the Permits Office, and nothing in this letter shall be implied as limiting those future conditions and requirements. For more information regarding the encroachment permit process, please visit our Encroachment Permit Website at:
https://dot.co.gov/programs/traffic-operations/ep.

2. All future work will need to conform to the Caltrons Encroacf1ment Permits Manual, Chapter 600. Additional utility installation requirements, which may apply, are found in Chapter 17 of the Project Development Procedures Manual. Deviations to Caltrons Encroachment Permit Policies may requ.ire on exception. This requirement and process will be outlined by the District Permit Engineer in the pre-submittal conference.
"Provide a safe and ,eloble lronsportolion network lho l serves oil people and respects lhe environment" Attachment 6
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Matt Orbac h, Principal Planner
July 24, 2024

3. All future documents will be subject to add itional evaluation and approval at the time of their review. As part of future evaluation, issues involving or impacting the Sta te right-of-way may require additional mitigation due to pertinent issues such as c ultural resources, hydrology, water quality, etc.

Thank you for the opportunity to review and comment on the proposed project. If you have any questions or need further clarification on the items discussed above, please con1act me a t (805) 835-6543 or email [email protected].

Sincerely,
Jacob Hernandez
Transportation Planner
District 5 Local Development Review Coordinotor
"Provide o sate and reliable tTonspor1 otion network. I hot serves on people and respec ts the environment" Attachment 6
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ADMINISTRATIVE OFFICE
Sonia M. De La Rosa

COUNTY ADMINISTRATIVE OFFICER
County of Monterey 168 West Alisal St. 3rd Floor
Salinas, CA 93901
831 755 5115
[email protected]
February 21, 2025
Watsonville City Council
275 Main Street, Suite 400
Watsonville, CA 95076
Samantha W. Zutler, City Attorney
City of Watsonville
275 Main Street, Suite 400
Watsonville, CA 95076
Re: Response to Appeal #PP2024-8380 to the City Council to Overrule the City Planning Commission’s Denial of Appeal #PP2024-7954 relevant to a by-right development of a Low Barrier Navigation Center, proposed for 118 1st Street (#PP2023-6297)
Dear Honorable Members of the City Council and City Attorney Zutler:

I write in response to Appeal #PP2024-8380, which seeks to overturn the City of Watsonville Planning Commission’s decision to deny Appeal #PP2024-7954 challenging the approval of Zoning Clearance Application #PP2023-6297 (dated August 23, 2024) for the development of a Low Barrier Navigation Center (LBNC) at 118 1st Street in Watsonville (the "Project").

According to various state housing laws1 previously cited in a letter sent by the County of Monterey (County) to the City of Watsonville (dated October 10, 2024) and in correspondence from the State’s Department of Housing and Community Development (HCD) (dated November 10, 2024), the City of Watsonville (City) lacks the authority to consider a discretionary appeal on this “Use by Right” Project.2 The decision to hear a second appeal and delay the issuance of a building permit is unjustified and contradicts the Legislature’s intent in defining “Use by Right.” These actions are inconsistent with Assembly Bill 101 (Chapter 159, Statutes of 2019), the law establishing LBNCs. 3
City resident Catalina Torres submitted a 31-page appeal (dated December 16, 2024) raising various concerns.

The County does not consider these concerns relevant to the City’s authority in determining whether the proposed project qualifies as a LBNC. However, the County wishes to address two specific accusations:
1 Gov. Code, §§ 65660-65668. 2 Gov. Code, § 65583.2 (i) 3 Gov. Code, Gov. Code, § 65662

1. Allegation Regarding Local Zoning Authority
Appeal allegation (Page 4 of the appeal letter): “There is no text or authority in Section 65662 [of the Government Code] that preempts local zoning authority over any existing conditional uses on the [Westview Presbyterian] Church parcels.”
County’s response
While it is technically correct that Section 65662 does not provide such guidance, the appeal fails to acknowledge that Section 65660—which defines a LBNC and expressly incorporates by reference—does contain such authority. Section 65660(b) states that “Use by Right” is defined in Government Code, section 65583.2(i) as follows:
“The local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a ‘project’ for purposes of” CEQA.

2. Allegation Regarding Project Compliance with LBNC Requirements Appeal allegation (Page 16 of appeal letter)
“Staff alleged supportive evidence regarding a services plan to satisfy qualifying requirements of Government Code Section 65662. Referring to a standards manual for emergency shelters as an improvisation for an LBNC does not constitute a valid services plan.” County’s response
The County disagrees with this allegation. Aside from the clear services and staffing structures outlined in the provided Continuum of Care’s (CoC) Operational Standards for Emergency Shelters and the Encampment Resolution Program grant application, the County is providing additional recently obtained supporting evidence with this letter, which includes:

A. The Coalition of Homeless Services Providers awarded Community Action Board of Santa Cruz County (CAB) funding to operate and provide services for the Project utilizing Encampment Resolution4
Funding and Homeless Housing Assistance and Prevention5 funds. The service agreements explicitly state CAB shall:
“… ensure that services are provided within Evidence-Based Best Practices and in compliance with the core components of Housing First, as described in Welfare and Institutions Code Section 8255(b).”
“… utilize its local Homeless Management Information System (HMIS) to track Homeless Housing, Assistance and Prevention-4” or
“ … 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 4 Service Agreement with CAB (ERF Funds)
5 Service Agreement with CAB (HHAP Funds)

(known as the Homeless Data Integration System or HDIS), as required by Health and Safety Code section 50220.6.”
CAB employs a Coordinated Entry “Connector” through the South County Coordinated Entry System Housing Problem Solving Program contract with the County of Santa Cruz Human Services Department, who administers the Smart Path to Housing and Health (Smart Path) Coordinated Entry System. The contract states CAB shall:
“…conduct Smart Path (Coordinated Entry System) assessments in the South Santa Cruz County area (defined as the portion of the County south of the City of Capitola).”6 The Coordinated Entry contract and service agreements include detailed descriptions of staffing levels, job titles, and scopes of work that provide further evidence that the Project fulfills the four requirements to qualify as a By Right LBNC.

In conclusion, the County strongly urges the City to immediately reverse course, reject the second appeal, and proceed with approving the building permit for this much-needed interim housing project without further delay. These unwarranted appeals have significantly impacted the County’s ability to fulfill its contractual obligations with the State, necessitating continuous updates to State officials on the Project’s stalled progress.

This Project is already more than a year behind schedule, and the individual’s experiencing homelessness along the Pajaro River are facing yet another winter and storm season without available interim shelter. The urgency of this situation cannot be overstated.

The County sincerely hopes the City will align its actions with current state housing laws, HCD guidance, and County recommendations. We urge the City to continue working cooperatively to bring this critical infrastructure to Watsonville, provide shelter for Pajaro River encampment residents, and address the homelessness emergency in the Pajaro Valley.

Please feel free to contact me directly to discuss this matter further.

Sincerely,
Sonia M. De La Rosa
County Administrative Officer
County of Monterey
Attachments: CAB Smart Path Contract with County of Santa Cruz CAB Services Agreement funded by ERF
CAB Services Agreement funded by HHAP
6 County of Santa Cruz' Housing for Health Partnership South County Coordinated Entry System Agreement with CAB

Contract No. 22B01612

INDEPENDENT CONTRACTOR AGREEMENT
(NON-PROFIT)
This Contract, which is effective on the date it is fully executed, is between the COUNTY OF SANTA CRUZ, hereinafter called COUNTY, and Community Action Board of Santa Cruz County, Inc., hereinafter called CONTRACTOR. The parties agree as follows:

1. DUTIES. CONTRACTOR agrees to exercise special skill to accomplish the following results: Provide Roaming Assessor services as specified in the attached Exhibit A - Scope of Work and Budget for the County of Santa Cruz Human Services Department

2. COMPENSATION. In consideration for CONTRACTOR accomplishing said result, COUNTY agrees to pay CONTRACTOR as follows: Payment not to exceed total $90,000 in fiscal year (FY) 2021-22, processed for payment after receipt and project manager approval of monthly invoices based upon the amount of actual progress achieved on the project during the preceding month, as specified in the attached Exhibit A - Scope of Work and Budget.

3. TERM. The term of this Contract shall be: July 1, 2021 through June 30, 2022. If this parties agree to extend the terms and conditions of the Contract as set forth herein, and as reflected in any executed amendment hereto, until the Contract is thereafter terminated.

4. EARLY TERMINATION. Either party hereto may terminate this Contract at any time by giving thirty (30) days written notice to the other party.

5. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS.

CONTRACTOR shall exonerate, indemnify, defend, and hold harmless COUNTY (which for the purpose of paragraphs 5 and 6 shall include, without limitation, its officers, agents, employees and volunteers) from and against:

A. Any and all claims, demands, losses, damages, defense costs, or liability of any kind or nature which COUNTY may sustain or incur or which may be imposed upon it for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the sole negligence of the COUNTY. Such indemnification includes any damage to the person(s), or property(ies) of CONTRACTOR and third persons.

B. Any and all Federal, State, and Local taxes, charges, fees, or contributions required to be paid with respect to CONTRACTOR and CONTRA s and agents engaged in the performance of this Contract (including, without limitation, unemployment insurance, social security and payroll tax withholding).

6. INSURANCE. CONTRACTOR, at its sole cost and expense, for the full term of this Contract (and any extensions thereof), shall obtain and maintain, at minimum, compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall be considered in and shall not contribute to it. If CONTRACTOR

normally carries insurance in an amount greater than the minimum amount required by the COUNTY for this Contract, that greater amount shall become the minimum required amount of insurance for purposes of this Contract. Therefore, CONTRACTOR hereby acknowledges and agrees that any and all insurances carried by it shall be deemed liability coverage for any and all actions it performs in connection with this Contract.

If CONTRACTOR utilizes one or more subcontractors in the performance of this Contract, subcontractor or otherwise provide evidence of insurance coverage from each subcontractor equivalent to that required of CONTRACTOR in this Contract, unless CONTRACTOR and COUNTY both initial here ____ / ____.

A. Types of Insurance and Minimum Limits

(1) Workers Compensation Insurance in the minimum statutorily required coverage amounts. This insurance coverage shall be required unless the CONTRACTOR has no employees and certifies to this fact by initialing here .
(2) Automobile Liability Insurance for each of CON
the performance of this Contract, including owned, nonemployees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage is required unless the CONTRACTOR does not drive a vehicle in conjunction with any part of the performance of this Contract and CONTRACTOR and COUNTY both certify to this fact by initialing here / ____. (3) Comprehensive or Commercial General Liability Insurance coverage at least as broad as the most recent ISO Form CG 00 01 with a minimum limit of $1,000,000 per occurrence, and $2,000,000 in the aggregate, including coverage for: (a) products and completed operations, (b) bodily and personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability. (4) Professional Liability Insurance in the minimum amount of $1,000,000 combined single limit, if, and only if, this Subparagraph is initialed by CONTRACTOR and COUNTY ____ / .

B. Other Insurance Provisions

(1) If any insurance coverage required in this Contract is provided orm, CONTRACTOR agrees that the retroactive date thereof shall be no later than the date first written above (in the first paragraph on page 1), and that it shall maintain the required coverage for a period of three (3) years after the expiration of this Contract maintain the required post
Contract coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post Contract coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Contract. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Contract in order to purchase prior acts or tail coverage for post Contract coverage shall be deemed to be reasonable. (2) All policies of Comprehensive or Commercial General Liability Insurance shall be endorsed to cover the County of Santa Cruz, its officials, employees, agents and volunteers as additional insureds with respect to liability arising out of the work or operations and activities performed by or on behalf of CONTRACTOR, including materials, parts or equipment furnished in connection with such work or operations. Endorsements shall be at least as broad as ISO Form CG 20 10 11 85, or both

CG 20 10 10 01 and CG 20 37 10 01, covering both ongoing operations and products and completed operations.
(3) All required insurance policies shall be endorsed to contain the following clause:
days prior written notice (10 days for
nonpayment of premium) has been given to:

Santa Cruz County
Human Services Department
Attn: Centralized Contracting Unit
1040 Emeline Avenue
Santa Cruz, CA 95060
Should CONTRACTOR fail to obtain such an endorsement to any policy required hereunder, CONTRACTOR shall be responsible to provide at least thirty (30) d of premium) of cancellation of such policy to the COUNTY as a material term of this Contract. (4) CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide COUNTY on or before the effective date of this Contract with Certificates of Insurance and endorsements for all required coverages. However, failure to obtain the provide them. All Certificates of Insurance and endorsements shall be delivered or sent to:

Santa Cruz County
Human Services Department
Attn: Centralized Contracting Unit
1040 Emeline Avenue
Santa Cruz, CA 95060

(5) CONTRACTOR hereby grants to COUNTY a waiver of any right of subrogation which any insurer of said CONTRACTOR may acquire against the COUNTY 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 COUNTY has received a waiver of subrogation endorsement from the insurer.

7. EQUAL EMPLOYMENT OPPORTUNITY. During and in relation to the performance of this Contract, CONTRACTOR agrees as follows:

A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, physical or mental disability, medical condition (including cancer-related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties.

Such action shall include, but not be limited to, the following: recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this non-discrimination clause.

B. If this Contract provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply:

(1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, physical or mental disability, medical condition (including cancer-related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, gender, pregnancy, or any other non-merit factor unrelated to job duties. Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination, rates of pay or other forms of compensation, selection for training (including apprenticeship), employment, upgrading, demotion, or transfer. In addition, the CONTRACTOR shall make a good faith effort to consider Minority/Women/Disabled Owned Business Enterprises in Owned
Business Enterprises are available from the COUNTY General Services Purchasing Division.

(2) on-compliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders said CONTRACTOR may be declared ineligible for further contracts with the COUNTY. (3) The CONTRACTOR shall cause the foregoing provisions of subparagraphs 7B(1) and 7B(2) to be inserted in all subcontracts for any work covered under this Contract by a subcontractor compensated more than $50,000 and employing more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

8. INDEPENDENT CONTRACTOR STATUS. CONTRACTOR and COUNTY have reviewed and considered the principal test and secondary factors below and agree that CONTRACTOR is an independent contractor and not an employee of COUNTY. CONTRACTOR is responsible for all insurance (workers compensation, unemployment, etc.) and all payroll related taxes. CONTRACTOR is not entitled to any employee benefits. COUNTY agrees that CONTRACTOR shall have the right to control the manner and means of accomplishing the result contracted for herein.

PRINCIPAL TEST: The CONTRACTOR rather than COUNTY has the right to control the manner and means of accomplishing the result contracted for.

SECONDARY FACTORS: (a) The extent of control which, by agreement, COUNTY may exercise over the details of the work is slight rather than substantial; (b) CONTRACTOR is engaged in a distinct occupation or business; (c) In the locality, the work to be done by CONTRACTOR is usually done by a specialist without supervision, rather than under the direction of an employer; (d) The skill required in the particular occupation is substantial rather than slight; (e) The CONTRACTOR rather than the COUNTY supplies the instrumentalities, tools and work place; (f) The length of time for which CONTRACTOR is engaged is of limited duration rather than indefinite; (g) The method of payment of CONTRACTOR is by the job rather than by the time; (h) The work is part of a special or permissive activity, program, or project, rather than part of the regular business of COUNTY; (i) CONTRACTOR and COUNTY believe they are creating an independent contractor relationship rather than an employeremployee relationship; and (j) The COUNTY conducts public business.

It is recognized that it is not necessary that all secondary factors support creation of an independent contractor relationship, but rather that overall there are significant secondary factors that indicate that CONTRACTOR is an independent contractor.

By their signatures on this Contract, each of the undersigned certifies that it is his or her considered judgment that the CONTRACTOR engaged under this Contract is in fact an independent contractor.

9. NONASSIGNMENT. CONTRACTOR shall not assign the Contract without the prior written consent of the COUNTY.

10. ACKNOWLEDGMENT. CONTRACTOR shall acknowledge in all reports and literature that the Santa Cruz County Board of Supervisors has provided funding to the CONTRACTOR.

11. RETENTION AND AUDIT OF RECORDS. CONTRACTOR shall retain records pertinent to this Contract for a period of not less than five (5) years after final payment under this Contract or until a final audit report is accepted by COUNTY, whichever occurs first. CONTRACTOR hereby agrees to be subject to the examination and audit by the Santa Cruz County Auditor-ControllerTreasurer-Tax Collector, the Auditor General of the State of California, or the designee of either for a period of five (5) years after final payment under this Contract.

12. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arising out of or related to this Contract shall be made in accordance with the provisions contained in Chapter 1.05 of the Santa Cruz County Code, which by this reference is incorporated herein.

13. ATTACHMENTS. Should a conflict arise between the language in the body of this Contract and any attachment to this Contract, the language in the body of this Contract controls. This Contract includes the following attachments:

Exhibit A - Scope of Work & Budget
Exhibit B - Data Privacy and Security Confidentiality Agreement Exhibit C - Non-Discrimination Agreement

14. LIVING WAGE. This Contract is covered under Living Wage provisions if this section is initialed by COUNTY_____________.

If Item # 14 above is initialed by COUNTY, then this Contract is subject to the provisions of Santa Cruz County Code Chapter 2.122, which requires payment of a living wage to covered employees (per County Code Chapter 2.122.050, non-profit contractors are exempt from the living wage rate - requirements of County Code Chapter 2.122.100, 2.122.130, and 2.122.140, as well as all other applicable portions of County Code Chapter 2.122). Non-compliance with these Living Wage provisions during the term of the Contract will be considered a material breach, and may result in termination of the Contract and/or pursuit of other legal or administrative remedies.

CONTRACTOR agrees to comply with Santa Cruz County Code section 2.122.140, if applicable.

15. NON-PROFIT CONTRACTOR MISCELLANEOUS REQUIREMENTS. The following requirements shall be met, in addition to any other requirements of this Contract:

A. WEB LINKS If a non-profit CONTRACTOR has an organizational web site, it shall be a requirement of this Contract to provide links to the HelpSCC (www.helpscc.org), Santa Cruz County Government (www.co.santa-cruz.ca.us), and Workforce Santa Cruz County (www.workforcescc.com) web sites.

16. MONITORING PROGRAM FOR 501(c)(3) NONPROFIT AGENCIES. Each of the following requirements shall be met, in addition to any other requirements of this Contract.

A.
during the term of this Contract, the CONTRACTOR shall provide the Contract Administrator with two copies of Financial Statements relating to the entirety of the Financial Position or Balance Sheet; (2) a Statement of Activities or Statement of

Revenues and Expenses; (3) a Cash Flow Statement; and (4) a Statement of Functional Expenses. The Contract Administrator will forward one copy of the financial statements to the Santa Cruz County Auditor-Controller-Treasurer- . (1) For the pu period the CONTRACTOR utilizes for its annual budget cycle. (2) The Contract Administrator with concurrence of the ACTTC may agree to extend the deadline for the Financial Statements required by this paragraph.

B. In the sole discretion of the County, the requirements of this paragraph may be exempted where the Contract Administrator and the ACTTC ascertain that such reporting is not essential, and both certify to its inapplicability by initialing here ____ (Aud); ____ (CA).

C. The CONTRACTOR shall make a good faith effort to provide the Contract Administrator with timely notice of any event or circumstance that materially impairs the h the
has agreed to provide as set forth in this
Contract. The Contract Administrator shall notify the ACTTC of any impairment upon being notified by the contractor.

D. For audit authority of the ACCTC refer to the

17. NON-BINDING UNTIL APPROVED. Regardless of whether this Contract has been signed by all parties, if the total compensation identified in Paragraph 2 of this Contract is greater than $100,000, this Contract is not binding on any party until the Contract has been approved by the Santa Cruz County Board of Supervisors.

18. MISCELLANEOUS. This written Contract, along with any attachments, is the full nt forming the basis for this Contract. The parties agree that this written Contract supersedes any previous written or oral agreements between the parties, and any modifications to this Contract must be made in a written document signed by all parties. The unenforceability, invalidity or illegality of any provision(s) of this Contract shall not render the other provisions unenforceable, invalid or illegal. Waiver by any party of any portion of this Contract shall not constitute a waiver of any other portion thereof. Any arbitration, mediation, or litigation arising out of this Contract shall occur only in the County of Santa Cruz, notwithstanding the fact that one of the contracting parties may reside outside of the County of Santa Cruz. This Contract shall be governed by, and interpreted in accordance with, California law.
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SIGNATURE PAGE
Contract No. B01612

INDEPENDENT CONTRACTOR AGREEMENT
(NON-PROFIT)
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

2. Community Action Board. 4. COUNTY OF SANTA CRUZ
of Santa Cruz County, Inc
By: __________________________________ By: ______________________________

SIGNED SIGNED
MariaElena De La Garza Randy Morris, Human Services Director Executive Director Human Services Department
406 Main Street, Suite #207
Watsonville, CA 95076
(831) 763-2147 x203
[email protected]

3. APPROVED AS TO INSURANCE: 1. APPROVED AS TO FORM:
____________________________ __________________________ Risk Management Office of the County Counsel
DISTRIBUTION: Human Services Department
Auditor-Controller-Treasurer-Tax Collector
Risk Management
Community Action Board of Santa Cruz County, Inc.

Exhibit A Scope of Work and Budget, FY 2021-22 Purchase Order No. 22B01612 COMMUNIY ACTION BOARD OF SANTA CRUZ COUNTY, INC.

SOUTH COUNTY COORDINATED ENTRY SYSTEM HOUSING PROBLEM SOLVING PROGRAM 1 OVERVIEW
The County of Santa Cruz Human Services Department (COUNTY HSD), administers the Smart Path to Housing and Health (Smart Path) Coordinated Entry System which seeks to effectively and efficiently match people experiencing homelessness with available housing and services that best fit their situation and needs including through Housing Problem Solving (HPS) conversations to assist participants to end their homelessness utilizing resources and relationships outside of the housing crisis response system... The purpose of this agreement is to provide Roaming Housing Problem Solving services that includes conducting outreach in the South Santa Cruz County area to persons experiencing homelessness, with the goal of engaging persons in HPS conversations, connecting them to immediate resources, and completing a Smart Path assessment when identification of alternative housing opportunities proves unsuccessful. Community Action Board of Santa Cruz County (CONTRACTOR) has expertise in providing assessment services to persons experiencing homelessness. CONTRACTOR will enter all assessment data into a centralized data base, Homeless Management Information System (HMIS), which will support the ability to track HPS conversations and implement referrals through Smart Path.

PERFORMANCE MEASUREMENTS
How Many Services Will Be
Provided?
How Well Will Services Be
Provided?
Is Anyone Better Off?
Complete Housing Problem
Solving services, which may
include a Smart Assessment, with
120 persons experiencing
homelessness.

Data collection Tool: HMIS
100% of completed Smart Path
enrollments, updates, and, as
appropriate, assessments will be
entered into HMIS within 2
business days of when the contact
occurred.

Data Collection Tool: HMIS
At least 20% of households served
will exit housing problem solving
to permanent housing.

Data collection Tool: HMIS

HOUSING PROBLEM SOLVING CONVERSATIONS DEFINED
Housing Problem Solving (HPS) conversations are defined as CONTRACTOR staff engaging with unaccompanied persons to identify housing solutions from outside the homeless services system.

CONTRACTOR RESPONSIBILITIES

1. CONTRACTOR shall conduct HPS conversations and, as applicable, Smart Path assessments in the South Santa Cruz County area (defined as the portion of the County south of the City of Capitola).

2. CONTRACTOR shall engage persons experiencing homelessness in HPS conversations. a. It is expected that HPS conversations will take place during multiple meetings over an extended period of no more than a 45-days.
b. CONTRACTOR shall engage in HPS conversations at times most conducive to reaching persons experiencing homelessness including evenings, early mornings, and weekends.

Exhibit A Scope of Work and Budget, FY 2021-22 Purchase Order No. 22B01612 COMMUNIY ACTION BOARD OF SANTA CRUZ COUNTY, INC.

SOUTH COUNTY COORDINATED ENTRY SYSTEM HOUSING PROBLEM SOLVING PROGRAM 2 3. CONTRACTOR may purchase and utilize incentives to encourage participant engagement and contribute to HPS services.

4. CONTRACTOR with its own internal services and with external homeless service providers, if applicable, to secure available funds to facilitate participant

5. CONTRACTOR shall only complete a Smart Path Assessment if multiple HPS conversations are unsuccessful in identifying a housing solution.

6. CONTRACTOR shall utilize a low service barrier philosophy which includes conducting HPS conversations and, as appropriate, Smart Path assessments of any person experiencing homelessness regardless of any perceived individual barriers to housing or services.

7. CONTRACTOR shall collaborate with homeless service providers and other agencies and individuals, as applicable, to locate individuals with whom to have HPS conversations and, as appropriate, conduct Smart Path assessments.

8. CONTRACTOR shall enter HPS conversations and completed assessments into the countywide HMIS in a timely manner . 9. CONTRACTOR shall update participant assessments as applicable and allowed under Smart Path Policies and Procedures.

10. CONTRACTOR, when requested, shall conduct a separate, confidential assessment process for individuals and families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking.

11. CONTRACTOR shall refer all homeless participants to immediate resources as applicable including food distribution centers, immediate shelter, and health care services.

12. CONTRACTOR shall ensure appropriate staffing to support the administrative and direct services provided for in this Agreement (see also Additional Terms and Conditions #3 below).

13. CONTRACTOR shall coordinate with other Smart Path Roaming Counselors to decrease duplication, ensure complete coverage, ensure the safety of HPS Counselors, and meet the specific needs or preferences of persons being engaged in HPS conversations and, when appropriate, complete a Smart Path Assessment
. 14. CONTRACTOR shall participate in all HPS Project activities including, but not limited to, trainings, meetings, and shadowing opportunities, as requested by COUNTY.

15. CONTRACTOR shall participate in planning conversations and trainings regarding any changes to the Smart Path Assessment and process as requested by COUNTY.

Exhibit A Scope of Work and Budget, FY 2021-22 Purchase Order No. 22B01612 COMMUNIY ACTION BOARD OF SANTA CRUZ COUNTY, INC.

SOUTH COUNTY COORDINATED ENTRY SYSTEM HOUSING PROBLEM SOLVING PROGRAM 3 REPORTING AND COORDINATION REQUIREMENTS

INVOICING

1. CONTRACTOR shall provide monthly invoices documenting costs of services provided based on this Exhibit A Scope of Work and Budget. An invoice template and/or web-based database created by COUNTY may be required per COUNTY notification with 30 calendar days prior notice.

2. CONTRACTOR shall submit each invoice within 20 days following the end of the reported month, with the exception of the May and June invoices detailed below.

3. CONTRACTOR shall submit May and June invoices for specific fiscal years by 5 p.m. on the first calendar Friday of June in the specific fiscal year. This date is subject to change. COUNTY will provide notice of any changes 30 calendar days prior to the effective date of the change.

4. CONTRACTOR shall submit invoices and backup as required, for approval by COUNTY staff via email to [email protected]. BUDGET MODIFICATION

1. Transfers between budget categories may be made only through a budget modification, which must be requested to COUNTY in writing by CONTRACTOR in advance of the modification, providing the transfer is less than 30% (cumulative) of the approved, total original fiscal year budget.

2. Transfers between budget categories totaling more than 30%, cumulatively, of the original fiscal year budget, transfers between budget suffices, or requests to increase the approved budget may be requested and can only be approved through written purchase order agreement change order.

3. Budget modification requests must be received no later than May 15th of the fiscal year in which the budget modification is applicable and must have prior approval by COUNTY authorized staff to be approved.

PROGRESS REPORTS
CONTRACTOR shall complete and send Semi-Annual Reports that reflect program goals as stated in this scope of work, as well as any programmatic and budget issues/challenges, using a template created by COUNTY, to be submitted within 30 days following the first half of the fiscal year and the last half of the fiscal year in which the services were provided. Failure to submit Progress Reports by the dates due may result in the withholding of payment for invoices until the report is submitted. COUNTY reserves the right to request a Quarter 3 progress report, covering January through March, which will be due by April 30th. ADDITIONAL TERMS AND CONDITIONS

1. CONTRACTOR shall perform the agreed upon services detailed in this scope of work, submit timely invoices and reports, and work to meet agreed upon outcomes as detailed herein. CONTRACTOR failure to provide any of these agreed upon terms may result in a Corrective Action request. Corrective Action requests will specify ongoing problems in the performance of these contract terms and a deadline by which to rectify problems and will also require the CONTRACTOR to submit a brief Corrective Action Plan detailing how ongoing problems will be resolved. Failure to adequately address steps outlined in the Corrective Action Plan may ·result in the withholding of payment on invoices and/or termination of the contract (see Independent Contractor Agreement, section 4, Early Termination).

Exhibit A Scope of Work and Budget, FY 2021-22 Purchase Order No. 22B01612 COMMUNIY ACTION BOARD OF SANTA CRUZ COUNTY, INC.

SOUTH COUNTY COORDINATED ENTRY SYSTEM HOUSING PROBLEM SOLVING PROGRAM 4 2. Federal Funding: CONTRACTOR certifies that they are neither suspended, debarred, nor proposed for debarment from receiving federal funds; declared ineligible to receive federal funds; or voluntarily excluded from participation in covered transactions by any federal department or agency.

3. Uninterrupted Provision of Services: In order to maintain uninterrupted services under this agreement, the CONTRACTOR shall ensure that the budgeted staffing for the contracted services are maintained, which includes providing coverage for staff vacancies or leaves of more than two weeks. Additionally, CONTRACTOR program and direct service staff must be replaced within 90 days of the start of staffing vacancies.

4. Notification of Personnel Changes: In the event of key personnel changes or leaves of more than two weeks for positions funded by this agreement (e.g., executive director, manager of contracted program, direct service staff), CONTRACTOR shall report changes to COUNTY within 10 business days of occurrence.

5. Instruction: CONTRACTOR shall provide this Scope of Work to all of its employees who conduct activities under this contract, so that CONTRACTOR staff clearly understands expected activities per this agreement.

CONTRACTOR will train any new employees who work in any capacities related to the provisions of this contract, in the requirements of this contract.

6. Consistency of Service: Prior to refusing services to any potential program participant referred by COUNTY, CONTRACTOR shall conduct an assessment, report the reason for refusal of services to COUNTY, and obtain approval from the appropriate COUNTY Program Manager.

7. Publicity and Outreach: CONTRACTOR agrees to obtain COUNTY approval prior to use for all contracted program marketing materials, including but not limited to flyers, brochures, written success stories, social media posts, and website information. CONTRACTOR shall ensure that the COUNTY Human Services Department logo and name are included on all contracted program marketing materials and will obtain these directly from COUNTY authorized staff for approved uses.

8. Media Inquiries: Should CONTRACTOR receive press/media inquiries regarding the services provided through this contract, the CONTRACTOR shall notify HSD's Public Information Officer (PIO) of the inquiry, at 831-454-4527 or at [email protected]. Press/media may also be referred directly to the PIO for additional information. When communicating with press/media regarding the services provided through this contract, CONTRACTOR shall also specify that the contracted program(s) receive(s) funding from the County of Santa Cruz, Human Services Department.

Budget:

LINE ITEM EXPENDITURES FY 21-22
PERSONNEL COSTS- SALARIES & BENEFITS $57,988
NON-PERSONNEL COSTS $8,272
PARTICIPANT INCENTIVES $12,000
ADMINISTRATIVE OVERHEAD $11,740
GRAND TOTAL $90,000

Exhibit B - Data Privacy and Security Confidentiality Agreement Agreement No.: B01612

COUNTY OF SANTA CRUZ HUMAN SERVICES DEPARTMENT

DATA PRIVACY AND SECURITY CONFIDENTIALITY AGREEMENT
Contractor: Community Action Board of Santa Cruz County, Inc.

1. PREAMBLE
CONTRACTOR, its/her/his employees, contractors, representatives, volunteers and agents (hereinafter referred to as CONTRACTOR), may be involved with work pertaining to services provided by the County of Santa Cruz Human Services Department (hereinafter referred to as COUNTY), and, if so, may have access to confidential data and personally identifiable information (collectively referred to as PII) pertaining to persons and/or entities receiving services from the COUNTY. This information includes but is not limited to client name, address, social security number, date of birth, biometric record (e.g. fingerprints, voice recordings and photographic images), r, or any other information that identifies the individual.

In addition, CONTRACTOR may also have access to proprietary information supplied by the COUNTY or by other vendors doing business with the COUNTY. The COUNTY has a legal obligation to protect all such PII in its possession, especially PII concerning health, mental health, criminal and public assistance records. The COUNTY must ensure that the PII shall be protected by CONTRACTOR. Consequently, CONTRACTOR agrees to sign this Agreement as a condition of the attached contract with the COUNTY.

2. DEFINITIONS
a. "PII" is confidential data and personally identifiable information directly obtained in the course of performing an administrative function on behalf of the COUNTY that can be used alone, or in conjunction with any other information, to identify a specific individual. PII includes any information that can be used to search for or identify individuals, or can be used to access their files, such as name, social security number, date of birth, biometric record, driver's license number or identification number. PII may be electronic, paper, verbal, or recorded. b. tance records
pertaining to persons and/or entities receiving services from the COUNTY whether hard copy or electronic data; (2) all COUNTY proprietary information including design concepts, algorithms, programs, formats, documentation, and all other original materials produced, created or provided to or by CONTRACTOR under the attached contract; and (3) any other proprietary information supplied by the COUNTY or by other COUNTY vendors to CONTRACTOR. c. authorized access, use, disclosure,
modification, or destruction of PII, or interference with system operations in an information system which processes PII that is under the control of the COUNTY, or the CONTRACTOR. d. means any area where:
i. Workers assist in the administration of services provided by COUNTY; ii. Workers use or disclose PII; or
iii. PII is stored in paper or electronic format
e. to actual loss, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users and for other than authorized purposes have access or potential access to PII, whether electronic, paper, verbal, or recorded.

Exhibit B - Data Privacy and Security Confidentiality Agreement Agreement No.: B01612

3. AGREEMENTS
a. CONTRACTOR hereby agrees not to divulge to any unauthorized person, company or organization any of the PII obtained while performing work pursuant to the attached contract with the COUNTY without the prior written consent of the participant. b. CONTRACTOR agrees to forward all requests for the release of any PII received by it/her/him to the Program Manager or Analyst associated with the attached contract. c. CONTRACTOR further agrees to keep confidential: (1) all financial, health, criminal and public assistance records pertaining to persons and/or entities receiving services from the COUNTY; (2) all COUNTY proprietary information including design concepts, algorithms, programs, formats, documentation, and all other original materials produced, created or provided to or by CONTRACTOR; and (3) any other proprietary information supplied by the COUNTY or by other COUNTY vendors to CONTRACTOR under the attached contract. d. CONTRACTOR agrees to protect said Confidential Materials against disclosure to other than COUNTY employees who have a need to know the information. e. CONTRACTOR agrees to return all Confidential Materials to the COUNTY upon completion of termination of the attached contract.
f. CONTRACTOR shall limit access and use of any PII provided by the COUNTY, or by the participant, to a business need solely for the purpose of administering the program supported by this Agreement.
g. All provisions of data security and privacy restrictions on disclosure of PII and Confidential all continue in effect beyond the termination of
this Agreement, and shall continue until the PII and Confidential Materials are destroyed or returned to COUNTY.
h. COUNTY agrees to provide to CONTRACTOR any/all applicable State regulations upon written request of CONTRACTOR.

4. INFORMATION SECURITY AND PRIVACY STAFFING
a. CONTRACTOR agrees to report immediately to the designated Human Services Department Contract Manager as well as to the COUNTY Security Compliance Officer [[email protected] or (831)454-4840] any and all violations of this Agreement by it/her/him and by any other person, company or organization of which it becomes aware.

5. PERSONNEL CONTROLS
a. CONTRACTOR shall inform all of their employees involved in the work under this Agreement and attached contract of the requirements concerning confidentiality in the handling of PII. The improper use or disclosure of PII for any other purpose may carry civil and/or criminal sanctions at a personal level.
b. It is acknowledged that violation of this Agreement may subject CONTRACTOR to termination of the attached contract, civil and/or criminal action and that the COUNTY may seek possible legal redress.
c. CONTRACTOR employees pertinent to this contract must perform the following security measures annually:
i. Complete an online training course regarding privacy and security to be provided by COUNTY, within thirty (30) days of provision to CONTRACTOR; ii. Sign individual confidentiality statements provided by COUNTY and submit to COUNTY, within thirty (30) days of provision to CONTRACTOR; iii. Conduct other activities related to assurance of information security, if directed by COUNTY.

Exhibit B - Data Privacy and Security Confidentiality Agreement Agreement No.: B01612

d. COUNTY and CONTRACTOR acknowledge that Federal and State laws relating to data security and privacy are rapidly evolving. COUNTY may at any time develop further details to confidentiality protocols as it relates to contracted work, which as approved will be submitted formally to the CONTRACTOR.

6. PHYSICAL SECURITY
a. The CONTRACTOR awarded funds under the attached contract shall maintain, use and store all PII and information gathered pertaining to program participants in a secure environment in order

7. TECHNICAL SECURITY CONTROLS
At all times CONTRACTOR shall use secure systems to access, store, process and transmit PII.

8. NOTIFICATION AND INVESTIGATION OF BREACHES AND SECURITY INCIDENTS a. During the term of this Agreement, the CONTRACTOR agrees to implement reasonable systems for the discovery and prompt reporting of any Breach or Security Incident, and to take the following steps:
i. Initial Notice to COUNTY by email to COUNTY Security Compliance Officer [email protected] as well as by phone to (831)454-4840.

Notice shall include all information known at the time and shall be made:

1. Immediately upon discovery of a suspected security incident that involves PII provided to CONTRACTOR by the COUNTY.

2. Within one working day of discovery, the CONTRACTOR shall notify COUNTY of:
i. Any incident involving unsecured PII, if that PII was, or is, reasonably believed to have been accessed or acquired by an unauthorized person; ii. Any suspected security incident, intrusion, or unauthorized access, use, or disclosure of PII in violation of this Agreement;
iii. Potential loss of PII affecting this Agreement.

NAME: _______________________________ DATE:_________________ (Signature)
NAME: MariaElena De La Garza
POSITION: Executive Director, Community Action Board of Santa Cruz County, Inc.

Exhibit C - Non-Discrimination Agreement Agreement No.:B01612

ASSURANCE OF COMPLIANCE

WITH THE HUMAN SERVICES DEPARTMENT

NONDISCRIMINATION IN STATE

AND FEDERALLY ASSISTED PROGRAMS
Community Action Board of Santa Cruz County, Inc.

HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Acts of 1964 as amended; Section 504 of the Rehabilitation Acts of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-11139.8, as amended; California Government Code Section 12940(c), (h) (l), (i), and (j); California Government Code, Section 4450; and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42, and all relevant sections of the California Code of Regulations), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political affiliation, domestic partnership, genetic information, gender expression, gender identity, or sexual orientation be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135- 11139.8, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.

NAME: _______________________________ DATE:_________________ (Signature)
NAME: MariaElena De La Garza
POSITION: Executive Director, Community Action Board of Santa Cruz County, Inc.

Address of Vendor/Recipient: Community Action Board of Santa Cruz County, Inc. 406 Main Street, Suite #207
Watsonville, CA 95076

City of Santa Cruz/County of Santa Cruz

LIVING WAGE DATA
REPORT Fiscal Year
2021/22
Agency Name: Community Action Board of Santa Cruz County, Inc. County Dept. Human Services Program Name: _
Please complete this form checking all appropriate boxes for all covered employees in your agency.

A covered employee is any employee of a nonprofit contractor who lives or works in Santa Cruz County.

The signature and date on this form will serve as self-certification of the agency s ordinance exemption status.

1. Collective Bargaining Agreement
Check this box if positions in your agency are represented by a bargaining unit or labor union and have a collective bargaining agreement in effect.

2. All Positions Paid Living Wage Rates ($18.10/hr with benefits; $19.74/hr without benefits) Check this box if all positions in your agency have pay rates that are at or above the living wage rates.

3. Living Wage Ordinance Exemption Categories
Check this box if your agency is exempt from the requirements of the City or County ordinance.

Indicate by checking the appropriate box(es) below which exemption(s) applies to your agency:

A. Agency has five or fewer employees.

B. Agency has cumulative contracts with the County in current fiscal year less than $15,000.

C. Agency has a current fiscal year contract with the City that is less than $5,000.

D. Agency employees are solely volunteers, trainees, students or individuals under 17 years of age.

If items 1, 2, or 3 are checked, your agency is exempt from wage data reporting requirements. Sign and date this form and return to the City and/or the appropriate County Department.

4. A Program In Our Agency Does Not Receive Any City or County Funds Check this box if a program in your agency is exempt because it receives no City or County funding.

Indicate the program in your agency that falls under this exemption and the number of program employees.

Program Name: _ No. of Employees:

5. Some Positions Have Pay Rates Less Than Living Wage Rates Check this box if any positions in your agency have pay rates less than the living wage rates.

All non-profit agencies not exempt from the living wage ordinance requirements may be required to provide wage data information for all employees in job classifications paying less than the current living wage standard.

I certify under penalty of perjury that the above information is true and correct to the best of my knowledge. _ _ _ __ Signature of Executive Director Date
Section Below is Optional
Efforts to Maintain and Increase Wages for Positions (Check all applicable boxes) Our agency was able to bring all workers up to a living wage in FY _ _ .

Our agency was not able to increase pay rates for employee positions in the FY budget.

Pay rates for positions in our agency were not reduced in the budget for FY _.

Our agency was able to give our employees the following pay increases (fill in blanks): Cost of Living Adjustment (COLA) increases of %
Step or annual increases of (% or $$)
Our agency was able to increase employer-sponsored benefits (Check appropriate boxes):

Health insurance benefits Paid sick leave/vacation leave benefits Unpaid sick leave/vacation leave benefits Other _ LW Form 1 (REV. 07/01/21)

LW Form 2 Non-Profit Attachment
County of Santa Cruz
FY 2021-22 Non-Wage Provisions Self-Certification Form
Agency Name: Community Action Board of Santa Cruz County, Inc.

County Dept: Human Services Contract No: B01612
All nonprofit agencies receiving County funding, unless exempt from the ordinance requirements, shall comply with the following non-wage provisions of the Living Wage Ordinance (Chapter 2.122 of the County Code):

1. Employee rights to report violation and to non-retaliation: (Section 2.122.110) Any employee claiming violation of the Chapter may report such acts to the County and may bring an action in the appropriate Court of the State of California or other appropriate administrative agency, against an employer to enforce his or her rights.

Nothing in this Chapter shall preclude an employee from seeking any or all forms of relief and damages.

2. Labor relation neutrality: (Section 2.122.130)
Contractors for services and subcontractors shall not hinder or further collective bargaining organization or other collective bargaining activities by or on behalf of an employer s employees. However, this restriction shall not apply to any expenditure made in the course of good faith collective bargaining, or to any expenditure made pursuant to obligations incurred under a bona fide collective bargaining agreement.

3. Employee retention: (Section 2.122.140)
In the event that any contract for services for an amount greater than $50,000 is terminated by County prior to its expiration, any new contract with a subsequent contractor for those same services shall include the following term:

Contractor shall make best efforts to offer employment to qualified employees of the prior contractor for the performance of this contract. Such efforts shall not be required in regard to employees who are (1) exempt under the Fair Labor Standards Act, (2) family members of prior contractor, (3) employed by prior contractor for less than six months, or (4) convicted of a job-related or workplace crime. Upon request by the County, the Contractor shall demonstrate to the County that good faith efforts have been made to comply with this provision.

Within the last five years, has your agency had any violations with the National Employees Relations Board or the California Labor Commission? Yes No I certify, under penalty of perjury, that Community Action Board of Santa Cruz County, Inc. is in compliance with all of the above stated non-wage provisions of the County Living Wage Ordinance.

Signature of Executive Director Date
LW Form 2 (REV. 07/01/21)

COALITION OF HOMELESS SERVICES PROVIDERS STANDARD AGREEMENT This Agreement is made by and between Coalition of Homeless Services Providers, the Continuum of and Community Action Board of Santa
Cruz County, Inc. (hereinafter "SUBCONTRACTOR").

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows:

1.0 GENERAL DESCRIPTION:

CONTRACTOR hereby engages SUBCONTRACTOR to perform, and SUBCONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The goods and/or services are described as follows:

Provide: To operate Recurso de Fuerza Village, a 34-unit non-congregate, low barrier housing navigation center.

2.0 PAYMENT PROVISIONS:

CHSP shall pay the SUBCONTRACTOR in accordance with the payment provisions set forth in Exhibit A,subject to the limitations set forth in this Agreement. The total amount payable by CHSP to SUBCONTRACTOR under this Agreement shall not exceed the sum of $ Two million four hundred forty-two thousand eight hundred eighty-seven ($2,442,887.01).

3.0 TERM OF AGREEMENT:

3.01 The term of this Agreement is from June 30, 2024, through June 30, 2026, unless sooner terminated pursuant to the terms of this Agreement. This Agreement is of no force or effect until signed by both SUBCONTRACTOR and CONTRACTOR and with CONTRACTOR signing last. 3.02 CHSP reserves the right to cancel this Agreement, or any extension of this Agreement, without cause, with a thirty-day (30) written notice, or with cause immediately.

4.0 SCOPE OF SERVICES AND ADDITIONAL PROVISIONS:

The following attached exhibits are incorporated herein by reference and constitute a part of this Agreement:

Exhibit A: Scope of Services/Payment Provisions
Exhibit B: Agency Budget
Exhibit C: Good Neighbor Protocol
Exhibit D: Shelter Standards

5.0 PERFORMANCE STANDARDS:

5.01 SUBCONTRACTOR warrants that SUBCONTRACTOR and SUBCONTRACTOR's agents, employees, and subcontractors performing services under this Agreement are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this Agreement and are not employees of the CONTRACTOR, or immediate family of an employee of the CONTRACTOR.

5.02 SUBCONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this Agreement required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.

5.03 SUBCONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. SUBCONTRACTOR shall not use CHSP premises, property (including

equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

6.0 PAYMENT CONDITIONS:

6.01 Prices shall remain firm for the initial term of the Agreement and, thereafter, may be adjusted annually as provided in this paragraph. CHSP does not guarantee any minimum or maximum amount of dollars to be spent under this Agreement.

6.02 Negotiations for rate changes shall be commenced by SUBCONTRACTOR, at least ninety days (90) before the Agreement expires. Rate changes are not binding unless mutually agreed upon in writing by CONTRACTOR and the SUBCONTRACTOR.

6.03 SUBCONTRACTOR shall submit such invoice periodically or at the completion of services, but in any event, not later than 30 days after completion of services. The invoice shall set forth the amounts claimed by SUBCONTRACTOR for the previous period, together with an itemized basis for the amounts claimed, and such other information pertinent to the invoice.

CONTACTOR shall certify the invoice, either in the requested amount or in such other amount as CONTACTOR approves in conformity with this Agreement and shall promptly submit such an invoice to the CONTACTORS Auditor-Controller for payment. The CONTACTORS Auditor-Controller shall pay the amount certified within 30 days of receiving the certified invoice.

6.04 The parties agree that SUBCONTRACTOR and its SUBCONTRACTORS shall be reimbursed for mileage based upon the Internal Revenue Service (IRS) standard business mileage rate at the time of travel.

7.0 TERMINATION:

7.01 During the term of this Agreement, CONTRACTOR may terminate the Agreement for any reason by giving written notice of termination to the SUBCONTRACTOR at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination.

7.02 CONTACTORS payments to SUBCONTRACTOR under this Agreement are funded by local, state, and federal governments. If funds from local, state and federal sources are not obtained and continued at a level sufficient to allow for CONTRACTORS purchase of the indicated quantity of services, then CONTRACTOR may give written notice of this fact to SUBCONTRACTOR, and the obligations of the parties under this Agreement shall terminate immediately, or on such date thereafter, as CONTACTOR may specify in its notice, unless in the meanwhile the parties enter into a written amendment modifying this Agreement.

8.0 INDEMNIFICATION:

SUBCONTRACTOR shall indemnify, defend and hold harmless County of Monterey and the CONTRACTOR, its officers, agents and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable
furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm or corporation for damage, injury, or death arising out of or connected with any negligence or willful misconduct by SUBCONTRACTOR, its officers, employees, agents and subcontractors, unless such claims liabilities, or losses arise out of the sole negligence or willful inaction
subcontractors.

9.0 INSURANCE REQUIREMENTS:

9.01 Evidence of Coverage: Prior to the commencement of this Agreement, the SUBCONTRACTOR shall provide a
required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, the SUBCONTRACTOR upon request shall provide a certified copy of the policy or policies.

The verification of coverage shall be sent to CONTRACTOR unless otherwise directed. The SUBCONTRACTOR shall not receive a
Agreement until it has obtained all insurance required and CONTRACTOR has approved such insurance. This approval of insurance shall neither relieve nor decrease the liability of the SUBCONTRACTOR.

9.02 Qualifying Insurers: All coverages, except surety, shall be issued by companies which hold a alphabetic and financial size category rating of not less than A-VII, according to the current A.M. Rating Guide or a company of equal financial stability that is approved by the CONTRACTOR.

9.03 Insurance Coverage Requirements: Without limiting SUBCONTRACTOR's duty to indemnify, SUBCONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

Commercial General Liability Insurance: including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broad form Property Damage, Independent Contractors, Products and Completed Operations, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. (Note: any proposed modifications to these general liability insurance requirements shall be attached as an Exhibit hereto, and the section(s) above that are proposed as not applicable shall be lined out in blue ink. All proposed modifications are subject to CHSP approval.) Auto Liability Coverage: must include all motor vehicles, including owned, leased, nonowned, and hired vehicles, used in providing services under this Agreement, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
(Note: any proposed modifications to these auto insurance requirements shall be attached as an Exhibit hereto, and the section(s) above that are proposed as not applicable shall be lined out in blue ink. All proposed modifications are subject to CHSP approval.) if SUBCONTRACTOR employs others in the
performance of this Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each disease.

Professional Liability Insurance: if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a "claims-made" basis rather than an occurrence basis, the SUBCONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain extended reporting coverage ("tail coverage") with the same liability limits. Any such tail coverage shall continue for at least three years

following the expiration or earlier termination of this Agreement. (Note: Professional liability insurance coverage is required if the contractor is providing a professional service regulated by the state. Examples of service providers regulated by the state are insurance agents, professional architects and engineers, doctors, certified public accountants, lawyers, etc. However, other professional Contractors, such as computer or software designers, technology services, and services providers such as claims administrators should also have professional liability. If in doubt, consult with your risk or contract manager). All proposed modifications are subject to CHSP approval.)

9.04 All insurance required by this Agreement shall be with a company acceptable to CONTRACTOR and County of Monterey and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless otherwise specified by the is Agreement, all such insurance shall be written on an occurrence basis, or if the policy is not written on an occurrence basis, such policy with coverage required herein shall continue in effect for a period of three years following the date SUBCONTRACTOR completes its performance of services under this Agreement.

Each liability policy shall provide that CONTACTOR shall be given notice in writing at least thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non- renewal thereof. Each policy shall provide coverage for the SUBCONTRACTOR and additional insureds with respect to claims arising from each subcontractor, if any, performing work under this Agreement, or be accompanied by a certificate of insurance from each subcontractor showing each subcontractor has identical insurance coverage to the above requirements.

Additional Insured Status: County of Monterey and the CONTRACTOR, its officers, employees, and volunteers are to be covered as additional insureds on the commercial general liability policy with respect to liability arising out of work or operations performed by or on behalf of the SUBCONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement to insurance (at least as broad 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).

Primary Coverage:
insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Coalition, its officers, officials, employees, and volunteers shall be excess of the
This requirement shall also apply to any Excess of or Umbrella liability policies.

Waiver of Subrogation: SUBCONTRACTOR hereby grants to CONTRACTOR a waiver of any right to subrogation which any insurer of said SUBCONTRACTOR may acquire against the County of Monterey and CONTRACTOR by virtue of the payment of any loss under such insurance SUBCONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CHSP has received a waiver of subrogation endorsement from the insurer.

Prior to the execution of this Agreement by the CONTRACTOR, the SUBCONTRACTOR shall file certificates of insurance with County of Monterey and the contract administrator and CONTRACTORS Grants and Finance departments, showing that the SUBCONTRACTOR has in effect the insurance required by this Agreement. The

SUBCONTRACTOR shall file a new or amended certificate of insurance within five calendar days after any change is made in any insurance policy, which would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify or change the indemnification clause in this Agreement, which shall continue in full force and effect. SUBCONTRACTOR shall always, during the term of this Agreement, maintain in force the insurance coverage required under this Agreement which shall continue in full force and effect. SUBCONTRACTOR shall always during the term of this Agreement and shall send, without demand by CONTRACTOR, annual is not received by the expiration date, CONTRACTORS shall notify the SUBCONTRACTOR and the SUBCONTRACTOR shall have five calendar days to send in the certificate, evidencing a lapse in coverage during the interim. Failure by SUBCONTRACTOR to maintain such insurance is a default of this Agreement, which entitles the Coalition, at its sole discretion, to terminate this Agreement immediately.

10.0 RECORDS AND CONFIDENTIALITY;

10.1 Confidentiality; SUBCONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. SUBCONTRACTOR shall not disclose any confidential records or other confidential information received from the CONTRACTOR or prepared in connection with the performance of this Agreement unless CONTRACTOR specifically permits SUBCONTRACTOR to disclose such records or information. SUBCONTRACTOR shall promptly transmit to the CONTRACTOR any and all requests for disclosure of any such confidential records or information. SUBCONTRACTOR shall not use any confidential information gained by SUBCONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out SUBCONTRACTOR'S obligations under this Agreement.

10.2 CONTRACTOR Records; When this Agreement expires or terminates, SUBCONTRACTOR shall return to the CONTRACTOR, and any of the CONTRACTORS records that SUBCONTRACTOR used or received from CONTRACTOR to perform services under this Agreement.

10.3 Maintenance of Records; SUBCONTRACTOR shall prepare, maintain, and preserve all reports and records that may be required by federal, state, county, and C O N T R A C T O R rules and regulations related to services performed under this Agreement.

SUBCONTRACTOR shall maintain such records for a period of at least three years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three-year period, then SUBCONTRACTOR shall retain said records until such action is resolved.

10.4 Access to and Audit of Records; CONTRACTOR shall have the right to examine, monitor, and audit all records, documents, conditions, and activities of the SUBCONTRACTOR and its subcontractors related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of the CHSP or as part of any audit of CHSP, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

10.5 Inspection: SUBCONTRACTOR agrees that CONTRACTOR or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of this Agreement. SUBCONTRACTOR agrees to promptly provide CONTRACTOR or its designee, with any relevant information requested.

SUBCONTRACTOR agrees to permit CONTACTOR or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and

copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 6 of Part 1 of Division 31 of the Health and Safety Code.

11.0 NON-DISCRIMINATION:

11.1 During the performance of this Agreement, SUBCONTRACTOR, and its subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), sexual orientation, or any other characteristic set forth in California Government code § 12940(a), either in SUBCONTRACTOR's employment practices or in the furnishing of services to recipients. SUBCONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination.

SUBCONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12.0 COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANTS:

If this Agreement has been or will be funded with monies received by the CONTRACTOR pursuant to a contract with the state or federal government in which the CONTRACTOR is the grantee, SUBCONTRACTOR will comply with all the provisions of said contract, to the extent applicable to SUBCONTRACTOR as a subgrantee under said contract, and said provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, CONTRCTOR will deliver a copy of the said contract to SUBCONTRACTOR, at no cost to SUBCONTRACTOR.

13.0 COMPLIANCE WITH APPLICABLE LAWS:

13.1 SUBCONTRACTOR shall keep itself informed of and in compliance with all federal, state, and local laws, ordinances, regulations, and orders, including but not limited to all state and federal tax laws that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this AGREEMENT as well as any privacy laws including, if applicable, HIPAA. SUBCONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

13.2 SUBCONTRACTOR and its contractors, hereby certify under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 Cal. GOV. Code § 8350.

13.3 SUBCONTRACTOR shall report immediately to CONTRACTOR, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the Project of the performance of the Services.

13.4 All documentation prepared by SUBCONTRACTOR shall provide for a completed project that conforms to all applicable codes, rules, regulations, and guidelines that are in force at the time such documentation is prepared.

14.0 INDEPENDENT CONTRACTOR:

In the performance of work, duties, and obligations under this Agreement, SUBCONTRACTOR is always acting and performing as an independent contractor and not as an employee of the CONTRACTOR. No offer or obligation of permanent employment with the CONTACTOR or CONTACTOR department or agency is intended in any manner, and SUBCONTRACTOR shall not become entitled by virtue of this Agreement to receive from CONTACTOR any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers'

compensation coverage, insurance or disability benefits. SUBCONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of SUBCONTRACTOR's performance of this Agreement. In connection therewith, SUBCONTRACTOR shall defend, indemnify, and hold CONTACTOR harmless from any and all liability that CONTACTOR may incur because of SUBCONTRACTOR'S failure to pay such taxes.

15.0 NOTICES:

Notices required under this Agreement shall be delivered personally or by first-class, postage pre- paid mail to the CONTRACTOR and SUBCONTRACTOR'S contract administrators at the addresses listed below:

CONTRACTOR SUBCONTRACTOR
Katrina McKenzie, Executive Officer
Coalition of Homeless Services Providers
1942 Fremont Blvd., Seaside, CA 93955
(831) 883-3080
[email protected]
Maria Elena de la Garza, CEO
Community Action Board of Santa
Cruz County, Inc.
406 Main Street Suite 207
Watsonville, CA 95076
[email protected]

16.0 MISCELLANEOUS PROVISIONS:

16.01 Conflict of Interest; SUBCONTRACTOR represents that it presently has no interest and agrees not to acquire any interest during the term of this Agreement, which would directly, or indirectly conflict in any manner or to any degree with the full and complete performance of the services required to be rendered under this Agreement.

16.02 Amendments or Modifications: Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Should the parties consent to modification of the Agreement, then an amendment shall be drawn, approved, and executed in the same manner as the original agreement.

16.03 Waiver: Any waiver of any terms and conditions of this Agreement must be in writing and signed by the CONTRACTOR and the SUBCONTRACTOR. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

16.04 Contractor; The term "SUBCONTRACTOR" as used in this Agreement includes SUBCONTRACTOR's officers, agents, and employees acting on SUBCONTRACTOR'S behalf in the performance of this Agreement.

16.05 Disputes SUBCONTRACTOR shall continue to perform under this Agreement during any dispute.

16.06 Pronouns The use of any gendered pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires.

16.07 Assignment and Subcontracting; The SUBCONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of the CONTRACTOR. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the CONTRACTOR. Notwithstanding any such subcontract, SUBCONTRACTOR shall continue to be liable for the performance of all requirements of this Agreement.

16.08 Successors and Assigns: This Agreement and the rights, privileges, duties, and obligations of the CONTACTOR and SUBCONTRACTOR under this Agreement, to the extent assignable or

delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and heirs.

16.09 Headings: The headings are for convenience only and shall not be used to interpret the terms of this Agreement.

16.10 Time is of the Essence: Time is of the essence in each and all of the provisions of this Agreement.

16.11 Governing Law: This Agreement shall be governed by and interpreted under the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect, and performance.

16.12 Forum and Venue: All actions regarding this Agreement shall be brought exclusively in a court of competent subject matter jurisdiction in Monterey County, California, and the parties agree that venue in such courts is appropriate.

16.13 Non-exclusive Agreement: This Agreement is non-exclusive and both CONTRACTOR and SUBCONTRACTOR expressly reserve the right to contract with other entities for the same or similar services.

16.14 Construction of Agreement: CONTRACTOR and SUBCONTRACTOR agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.

16.15 Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

16.16 Authority: Any individual executing this Agreement on behalf of CONTRACTOR, or the SUBCONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

16.17 Integration: This Agreement, including the exhibits, represents the entire Agreement between the CONTRACTOR and the SUBCONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, between CONTRACTOR and the SUBCONTRACTOR as of the effective date of this Agreement, which is the date that the CONTRACTOR signs the Agreement.

16.18 Interpretation of Conflicting Provisions: In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

16.19 Entire Agreement: This Agreement and its exhibits and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements, and understandings, either oral or written, between the parties with respect to the subject matter hereof.

16.20 Severability: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement.

16.21 Headings: Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement.

16.22 Assignment: Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted, or subgrantee by the SUBRECIPIENT without the prior express written consent of CONTRACTOR. 17.0 CONSENT TO USE OF ELECTRONIC SIGNATURES

17.1 The parties to this Agreement consent to the use of electronic signatures via Adobe Signature to execute this Agreement. The parties understand and agree that the legality of electronic signatures is governed by state and federal law, 15 U.S.C. Section 7001 et seq.; California Government Code Section 16.5; and, California Civil Code Section 1633.1 et. seq. Pursuant to said state and federal law as may be amended from time to time, the parties to this Agreement

hereby authenticate and execute this Agreement, and any and all Exhibits to this Agreement, with their respective electronic signatures, including any and all scanned signatures in portable document format (PDF).

17.2 Counterparts: The parties to this Agreement understand and agree that this Agreement can be executed in two (2) or more counterparts and transmitted electronically via facsimile transmission or by delivery of a scanned counterpart in portable document format (PDF) via email transmittal.

17.3 Form: Delivery by E-Mail or Facsimile: Executed counterparts of this Agreement may be delivered by facsimile transmission or by delivery of a scanned counterpart in portable document format (PDF) by e-mail transmittal, in either case with delivery confirmed.

On such confirmed delivery, the signatures in the facsimile or PDF data file shall be deemed to have the same force and effect as if the manually signed counterpart or counterparts had been delivered to the other party in person. ********** THIS SECTION INTENTIONALLY LEFT BLANK**********

18.0 SIGNATURE PAGE.

IN WITNESS WHEREOF, CONTRACTOR and SUBCONTRACTOR have executed this Agreement as of the day and year written below.

Community Action Board of Santa Cruz
County, Inc.:

By: ___________________________________
Maria Elena de la Garza, CEO
Date: ___________________________
Coalition of Homeless Services Providers:

By: _____________________________________
Katrina McKenzie, Executive Director
Date: ___________________________

Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS

COMMUNITY ACTION BOARD OF SANTA CRUZ COUNTY, INC SANTA CRUZ A. TOTAL FUNDING: $2,442,887.00 ERF-2-R
$2,442,887.00 TOTAL
B. CONTRACT TERM: June 30, 2024 to June 30, 2026
C. CONTACT INFORMATION:

Contractor: Coalition of Homeless Services Providers
Katrina McKenzie, Executive Director
1942 Fremont Blvd. Seaside, CA 93955
Phone: (831) 883-3080 Fax: (831) 883-3085
[email protected]
Partner: County of Monterey Administrative Office
Sarah Federico, Homeless Services Management Analyst II 168 W. Alisal St. 3rd Floor Salinas, CA 93901
Phone: 831-755-5341
[email protected]
Sub-Contractor Information: Maria Elena de la Garza, Chief Executive Officer Community Action Board of Santa Cruz
County, Inc 406 Main Street Suite 207
Watsonville, CA 95076
Phone: ( 831)-763-2147 Fax: (831) 724-3447
[email protected]
Location of Services: Westview Presbyterian Church
118 1st St. Watsonville, CA 95076
D. CONTRACT AWARD INFORMATION
Encampment Resolution Funding Grant: June 14, 2023, Awarded E. BACKGROUND:

In 2022 the California Interagency Council on Homelessness (Cal ICH) established an Encampment Resolution Funding (ERF) grant program to increase the collaboration between local jurisdictions and CoCs by providing funding to assist with resolving local critical encampment concerns. The ERF grant program allocates resources to address pressing encampment issues, facilitate the transition of individuals into secure housing, and prioritize the safety and well-being of those experiencing homelessness. CHSP, acting on behalf of the County Administrative Office Homeless Services ERF program, and will engage in a contractual agreement with the local non-profit partner, the Community Action Board of Santa Cruz County, Inc. This partnership aims to oversee the operations of a 34-unit, non-congregate, low-barrier housing navigation center situated in the City of Watsonville.

Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS
F. DESCRIPTION OF SERVICES
SUBCONTRACTOR shall provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

F.1 SUBCONTRACTOR shall staff and operate the Recurso de Fuerza Village (RdF Village), a 24-hr., seven days a week (including holidays) interim emergency housing and low-barrier navigation center, located at Westview Presbyterian Church, utilizing a Housing First, trauma- informed, harm-reduction approach for people experiencing homelessness along the Pajaro River.

F.1.a. SUBCONTRACTOR shall ensure that services are provided within Evidence-Based Best Practices and in compliance 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.

F.1.b. SUBCONTRACTOR shall abide by the Good Neighbor Policy as included in Exhibit C.

F.1.c. SUBCONTRACTOR shall incorporate the Lead Me Home, Monterey, and San Benito County Continuum of Care (CoC) Operational Shelter and Emergency Standards, Exhibit D, as appropriate to their operational plan for RdF Village.

F.2 SUBCONTRACTOR agrees that RdF Village will prioritize referrals received through the referral process established by the County of Monterey and the County of Santa Cruz.

F.3 SUBCONTRACTOR shall establish a lease with Westview Presbyterian Church of Watsonville, CA upon notification of the certificate of occupancy for RdF Village from the City of Watsonville until June 30, 2026.

F.4 SUBCONTRACTOR guarantees County of Monterey, County of Santa Cruz, Cal ICH, and the CONTRACTOR its officers, employees, agents, consultants, and contractors (Parties) shall have the right to enter RdF Village during normal business hours to conduct work, inspections, and investigations in accordance with this Agreement. This provision also includes allowing visits related to the project and film, tape, photograph, interview, and otherwise documentation of operations during normal business hours and with reasonable advance notice. All Parties shall comply with the RdF Village program terms during any visit.

F.5 SUBCONTRACTOR shall ensure and agree the County of Monterey and the CONTRACTOR to include licensed HMIS agents or staff designated to the RdF Village program have the right to review client-level documents, including but not limited to, case notes, files, etc.

F.6 SUBCONTRACTOR agrees that Enhanced Care Management (ECM) may be incorporated into their services plan for RdF Village.

F.7 All activities regarding SUBCONTRACTOR budget, timeline, scope of work and payment provisions/invoicing must be authorized and approved by County of Monterey and CONTRACTOR as identified in Section C.

F.8 SUBCONTRACTOR develops operational policies and procedures for shelter management, including intake, case management, and service provision.

F.9 SUBCONTRACTOR shall recruit and train staff members responsible for shelter management, and resident support.

F.10 SUBCONTRACTOR shall ensure that services are provided within Evidence-Based Best Practices and in compliance with the core components of Housing First, as described in Welfare and Institutions Code Section 8255, subdivision (b). Individuals assisted with ERF 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.

F.11 SUBCONTRACTOR shall ensure that CDC guidelines regarding mitigating the spread of infectious diseases, particularly regarding operating a congregate shelter facility, are adhered to, and also includes COVID-19 safety protocols and will obtain and utilize

Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS
Personal Protective Equipment (PPE) such as gloves, gowns, goggles, face shields, and face masks for staff and clients as needed.

F.12 SUBCONTRACTOR shall ensure that all services and program documents are provided in the Spanish language at minimum and when other languages are needed utilize any resources necessary to accommodate.

F.13 SUBCONTRACTOR shall provide incontinence and feminine hygiene products, including, but not limited to, sanitary napkins, tampons, and panty liners, to guests as needed, free of charge. Obligation to satisfy this requirement is subject to the availability of funds however CONTRACTOR shall make attempts to coordinate or request donations when funds are not available and collect data on the cost, demand, and utilization to help inform future resources to support this service.

F.14 SUBCONTRACTOR shall ensure the program is accessible and welcoming to each of the following clients: residents with mental illness and/or disabilities, LGBTQ+, Minors, and survivors of domestic violence and human trafficking.

F.15 SUBCONTRACTOR shall ensure services are Americans with Disabilities Act (ADA) compliant.

F.16 SUBCONTRACTOR and its contractors, hereby certify under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 Cal. GOV Code § 8350.

G. SERVICE GOALS, OUTCOMES AND DATA REQUIREMENTS
G.1 SUBCONTRACTOR agrees to meet the following outcomes as outlined in their ERF application including:

G.1.a. Provide safe and secure shelter for up to 34 unduplicated individuals at any given time experiencing homelessness.

G.1.b. Offer a supportive and inclusive living environment that promotes dignity, respect, and self-sustainability.

G.1.c. Facilitate access to essential services, including healthcare, mental health support, substance abuse treatment, employment assistance, and educational opportunities.

G.1.d. Provide comprehensive case management and support services to help program participants transition towards stable housing and increased self-sufficiency.

G.1.e. Foster community engagement and collaboration to address the needs of shelter residents.

G.1.f. 60% of individuals served by Recurso de Fuerza will secure permanent housing in a median time frame of 180 days.

G.1.g. 25% of participants at RdF Village will increase their income.

G.1.h. 90% or greater of participants at RdF Village will be satisfied with the program, measured via satisfaction surveys administered twice a year.

G.2 SUBCONTRACTOR agrees to collaborate with the County of Monterey, County of Santa Cruz, and the CONTRACTOR to develop a data transfer process that ensures compliance with AB977 for all parties. This process will facilitate the transfer of data from CA508 to CA506.

G.2.a. SUBCONTRACTOR acknowledges that the CONTRACTOR reserves the right to terminate this agreement if data is not collected in accordance with CA506 data standards.

G.2.b. SUBCONTRACTOR agrees to cooperate fully with the CONTRACTOR and the County of Monterey and County of Santa Cruz in all matters related to data collection, management, and oversight to ensure compliance with State requirements.

Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS
G.2.c. SUBCONTRACTOR 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 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).

H. REPORTING INSTRUCTIONS AND SUBMISSION
H.1 SUBCONTRACTOR shall provide CONTRACTOR with monthly reports that include fiscal and programmatic data, reflecting the progress of their ERF program.

H.2 Monthly reports to be documented using the reporting template issued by County of Monterey that will include an anonymized person served list illustrating the housing outcomes of each person served by the ERF program.

H.3 SUBCONTRACTOR shall provide, upon request, information and documentation on service delivery models developed with grant funds. This includes any necessary materials to study the program or replicate it for implementation across the state of California.

H.4 SUBCONTRACTOR shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided under the ERF funding.

H.4.a. Records demonstrating that funded activities meet the objectives of the ERF program.

H.4.b. Records are required to determine the eligibility of activities.

H.5 SUBCONTRACTOR shall participate in annual contract monitoring conducted by CHSP staff to review fiscal integrity, customer service, business management, and service delivery and may include an on-site visit. Completion of this measure shall be documented through the issuance of a contract monitoring report.

H.6 CONTRACTOR shall lead SUBCONTRACTORS annual monitoring visits to review fiscal integrity, customer service, business management, and service delivery and may include an on-site visit. Completion of this measure shall be documented through the issuance of a contract monitoring report, to be provided by the CONTRACTOR.

I. ADDITIONAL REPORTING INSTRUCTIONS - TIMELINE & MILESTONES I.1 SUBCONTRACTOR will follow the following timeline with set milestones:

Start Date End Date Milestone Accomplished
July 2024 September 2024 Hire staff for RdF Village Operations July 2024 October 2024 Begin development of operational policies and procedures for RdF Village shelter
management, including intake, case
management, and service provisions.

August 2024 October 2024 Participate in coordinated outreach efforts facilitated by the County of Monterey to
provide linkages to encampment occupants to
relevant services, as necessary.

October 2024 November 2024 Create a by-names list and identify inaugural participants of the RdF Village.

October 2024 December 2024 Negotiate lease with the Church for RdF Village to expire June 30, 2026.

Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS
November 2024 December 2025 Prepare RdF Village for occupancy.

December 2024 June 2026 60% of participants of the program will secure permanent housing in a median time
frame of 180 days.
25% of participants will increase their
income.
90% or greater of participants will be
satisfied with the program.

J. FINANCIAL OVERSIGHT AND ACCOUNTING
J.1 SUBCONTRACTOR shall ensure all program operations and purposes advance ERF-2- R's objective for the RdF Village program and will fall under the eligible use category for Interim sheltering, with costs limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

J.1.a Site restoration of the encampment site is not permitted Eligible Use for ERF-2-R funds.

J.1.b SUBCONTRACTOR shall submit invoices utilizing the template approved CHSP.

J.2 SUBCONTRACTOR shall collaborate with CHSP to prepare and submit budget modifications.

J.3 ERF program funds shall not be used for costs associated with activities in violation, conflict, or inconsistent with HSC Sections 50250 50254, other applicable laws, the terms and conditions of this Agreement, SUBCONTRACTOR nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF-funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

J.4 ERF program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.

J.5 SUBCONTRACTOR acknowledges that this Agreement is valid and enforceable only if sufficient funds are made available from ERF to CHSP for the administration of the services under this Agreement.

J.6 SUBCONTRACTOR shall inform CHSP of the failure to perform any component of the executed contract agreement.

K. PAYMENT PROVISIONS
K.1 CONTRACTOR shall pay SUBCONTRACTOR according to the terms outlined in Exhibit B, of this Agreement.

K.2 The maximum amount payable by CONTRACTOR to SUBCONTRACTOR under the term of this Agreement shall not exceed two million four hundred forty-two thousand eight hundred eighty-seven dollars and zero cents ($2,442,887.00) as set forth in Exhibit B, Budget.

L. INVOICING INSTRUCTIONS & SUBMISSION
L.1 SUBCONTRACTOR shall submit original signed invoices with supportive documentation to the CONTRACTOR setting forth the amount claimed by the 10th day of the month following

Exhibit A

SCOPE OF SERVICES/PAYMENT PROVISIONS
the month in which services were performed.

L.2 The invoice shall be submitted through the CONTRACTORS Grants Management Software, Submittable. Onboarding and training will be facilitated by the CONTACTORS Grants Team.

L.3 The final invoice for close out is due no later than the 10th of July 2026.

L.4 All funds must be exhausted by SUBCONTRACTOR by June 30, 2026. (End of Exhibit A)

ENCAMPMENT RESOLUTION FUNDING GRANT

SUBRECIPIENT AGREEMENT
Community Action Board
of Santa Cruz County

Exhibit B: Project Budget – Services –
[TO BE COMPLETED BY SUBCONTRACTOR]
Project Line Item Requested ERF
Funding
PERSONNEL SERVICES Specify
Position, Salary, and FTE below.

Director of Programs and Impact (.1875FTE) $48,076.60
Housing Programs Director (.9 FTE) $203,632.00
Shelter Operations Manager (1.0FTE) $153,565.90
Billing Lead (1.0 FTE) $70,699.20
Case Manager (1.5 FTE) $96,807.20
Housing Navigator (1.0 FTE) $59,987.20
Advocate Lead Specialist 1 M-F 8a-5p
(.9 FTE)
$106,402.40
Advocate Lead Specialist 2 M-F 4p-1a
(.9 FTE)
$91,961.44
Advocate Specialist 3 M-F 4p-1a
(.9 FTE)
$86,746.88
Advocate Lead Specialist 4 S &S 8a – 5
(.4 FTE)
$39,236.88
Advocate Specialist 5 S &S 8a - 5 p
(.4 FTE)
$37,012.00
Advocate Lead Specialist 6 S &S 4p-1a
(.4 FTE)
$39,236.88
Advocate Specialist 7 S &S 4p-1a
(.4 TE)
$37,012.00
Advocate Specialist Lead 8 M-F Graveyard (12am8a) (1.0 FTE) $99,932.40
Advocate Lead Graveyard Weekend(Sat/Sun)
(.4 FTE)
$39,972.96
Advocate Specialist OT hours (approx 16/week) $42,224.00 Typ

ENCAMPMENT RESOLUTION FUNDING GRANT

SUBRECIPIENT AGREEMENT
Community Action Board
of Santa Cruz County

Fringe Benefits $339,757.25
SUBTOTAL - PERSONNEL SERVICES $1,592,263.18
Other Program Costs Requested ERF Funding
Rent and utilities $31,668.00
Client Pet Services $12,500.00
Vendors/Contractors for Food $448,000.00
Security Contracting
Janitorial Contracting $43,680.00
Maintainence Contract
Phone/Online services $32,640.00
IT/Consultant $7,500.00
Employee Development/Training $10,000.00
Program Supplies $3,000.00
Office Supplies
Printing 16,000.00
Client Ancillary
Client Incentives
Mileage/Fuel $17,555.20
Van/Vehicle
Vehicle Maintainence 6,000.00
10% Indirect 222,080.62
SUBTOTAL –OTHER PROGRAM COSTS 628,543.20
TOTAL BUDGET $2,442,887.00

Exhibit: C
Good Neighbor Protocol
The purpose of this Good Neighbor protocol is to establish and maintain positive relationships among the shelter/interim housing/navigation center operator, program participants, and the community. Along with shelter program staff, program participants must commit to being good neighbors to the community and respecting the site as well as the surrounding community. This means that everyone works to support maintaining a clean and safe environment free of litter, loitering, and noise pollution.

Maintaining a Clean Environment
The shelter program must support efforts in maintaining a clean community, both in and out of the property.

Participants should pick up after themselves and are encouraged to pick up litter when possible.

All trash and litter should be placed in appropriate garbage receptacles and dumpsters on the property. When garbage receptacles are full, participants should notify staff so it can be addressed.

Vehicles owned by participants should also be kept in good repair when in the community. Nonoperable vehicles should not be stored at or near the program site.

Shopping carts are not allowed on, around, or near the shelter site at any time.

Guests can only smoke in designated smoking areas and must properly dispose of all cigarette butts.

Proper Hygiene & Attire
Shelter program personal hygiene must be kept at what staff deem appropriate to maintain a clean and sanitary environment.

Proper clothing must be worn in common areas and outside of the shelter site at all times to maintain modesty; this includes a top, bottom, and shoes.

Noise
Courtesy Hours must be observed at all times. This means participants must keep the volume of any radio, TV, stereo, or musical instrument sufficiently reduced at all times to not disturb others.

The use of headphones is highly encouraged.
o Program participants and visitors must also refrain from excessively loud talking or singing at all times.
o Vulgar and obscene language must be kept to a minimum. o These courtesy points should be considered when in the surrounding community as well. o Similarly, noise should be kept to an acceptable level while in vehicles in and around the shelter site.

Quiet Hours are established between the hours of 9 pm & 8 am. o Quiet hours are periods when noise must be kept to a minimum and must be contained

Exhibit: C
Site Security
Security cameras will monitor the shelter area and perimeter of the property.

Guests must be approved by the onsite supervisor.
o Any guest threatening the safety of program staff, or the public will be discharged from the program.
o Guests of participants must adhere to applicable areas of this protocol. o Overnight guests are strictly prohibited.

Loitering, camping, and informal food and clothing distribution around the site will not be allowed.

Community and Coordination with the Neighborhood
At least once per year, program operators shall distribute a flyer to the surrounding neighborhood that:
o Invites them to an open house where they can receive updates regarding shelter operations and provide a venue for neighbors and businesses to provide feedback. o Offers other means of contact information for neighbor grievances and inquiries.

ii

LEAD ME HOME

MONTEREY AND SAN BENITO COUNTY CONTINUUM OF CARE

OPERATIONAL STANDARDS FOR

EMERGENCY SHELTERS
*Edited to accommodate Encampment Resolution Funding Program Requirements. Original approved by the Lead Me Home Continuum of Care.

iii

iv

TABLE OF CONTENTS

1. INTRODUCTION / OVERVIEW ..................................................................................................... 1 A. Background and Purpose ............................................................................................................... 1 B. Programs Covered by These Standards .......................................................................................... 1 C. Guiding Principles for Shelters ...................................................................................................... 2 D. State of CA Housing First Principles.............................................................................................. 2

2. SHELTER ACCESS.......................................................................................................................... 3 A. Eligibility Criteria and Screening................................................................................................... 3 B. Admission, Intake, and Readmission Policies ................................................................................. 4

3. SERVICES STANDARDS ................................................................................................................ 5 A. Housing-Focused Case Management ............................................................................................. 5 B. Service Linkages ........................................................................................................................... 8

4. PROGRAM OPERATIONS.............................................................................................................. 9 A. Program Rules ............................................................................................................................... 9 B. Time Limits and Extensions........................................................................................................... 9 C. Termination/Disenrollment ............................................................................................................ 9 D. Facility Access .............................................................................................................................. 9 E. Gender Identity and Sexual Orientation........................................................................................ 10 F. Service Animals, Emotional Support Animals, and Pets ............................................................... 10 G. Participant Rights & Responsibilities ........................................................................................... 11 H. Grievance and Appeal Procedures ................................................................................................ 11 I. Participant Involvement and Feedback ......................................................................................... 11 J. Reasonable Accommodations ...................................................................................................... 12 K. Emergency Preparedness/Natural Disasters.................................................................................. 12 L. Data Collection, Quality Assurance, and Reporting ...................................................................... 12 M. Staff Training .............................................................................................................................. 13

5. FACILITIES, HEALTH, AND SAFETY ....................................................................................... 13

v
A. Facility Standards ........................................................................................................................ 13 B. Communicable Diseases .............................................................................................................. 15

6. GLOSSARY ..................................................................................................................................... 15

7. RESOURCES .................................................................................................................................. 16 CoC Program Interim Rule .......................................................................................................... 16

8. Encampment Resolution Funding Addendum ............................................................................... 17 A. Background and Purpose............................................................................................................. 17 B. Fiscal Deadlines.......................................................................................................................... 17 C. Reporting Deadlines.................................................................................................................... 17 D. Eligible Uses ............................................................................................................................... 18 E. HMIS.......................................................................................................................................... 19

1 1. INTRODUCTION / OVERVIEW
A. Background and Purpose
The Monterey and San Benito County CoC Shelter Standards provide the policy framework for emergency shelter programs located within these two counties. These standards have been developed collaboratively by the primary funders of shelter in the community: the Coalition of Homeless Services Providers (CHSP), County of Monterey, County of San Benito, City of Salinas and United Way of Monterey County.

The purpose of these standards is to:

Create a baseline set of funder expectations for shelter program operations Ensure shelter programs are operating in alignment with known best practices in the field, including Housing First principles and practices.

Ensure all participants who access emergency shelter have a similar experience, regardless of funding source.

Provide all local funders of shelter with a common set of standards for the programs they fund.

These general standards serve as minimum requirements for the operation of shelter programs in Monterey and San Benito Counties. The standards outlined in this manual are designed to provide a framework that individual shelter programs can align to. Each individual provider or program will be expected to develop and maintain policies and procedures consistent with this umbrella set of standards.

Some funding sources have specific requirements. The program operator shall ensure that each program complies with all funder requirements. If any funder requirements are not aligned with these standards, the program will ensure compliance with all funding requirements. In those cases where a specific funding regulation does not align with these standards, the program operator will notify CHSP of the situation to discuss possible options and strategies. The program operator will also note the reason(s) for any inconsistencies in their written program documentation.

B. Programs Covered by These Standards
The Lead Me Home CoC Written Standards define “Emergency Shelter” as: facilities providing shelter in a permanent location, for a limited period of time, to individuals and families having neither a home nor the means to obtain a home or other temporary lodging. Shelters provide timelimited accommodations in either a congregate or non-congregate setting.

These shelter standards cover emergency shelter programs receiving funding from any of the following sources:

HUD Emergency Solutions Grant (ESG)
Community Development Block Grant (CDBG)
State of California Homelessness Housing, Assistance and Prevention (HHAP) State of California Permanent Local Housing Allocation (PLHA) Community Action Agency/Community Services Block Grant (CSBG) State of California Encampment Resolution Funding (ERF) Programs receiving funding from alternative sources may also align to these standards to ensure community-wide continuity in shelter services.

2 Seasonal shelters are activated in inclement weather or cold/wet winter weather. Seasonal shelters may not offer the same level of services as a year-round shelter and may not be able to align to all the standards detailed in this document. Seasonal shelter operators should, however, strive to comply with these operational standards to the maximum extent possible given space and funding constraints.

Transitional housing provides time limited housing but with longer lengths of stay and more intensive services than emergency shelter. Transitional housing programs are not covered by these standards.

C. Guiding Principles for Shelters
The Monterey and San Benito County CoC maintains a strong commitment to prevent and end homelessness for county residents, with the goal of reducing the total population of people experiencing homelessness by 50% by June 2026. The CoC recently adopted a Five-Year Strategic Plan that provides a roadmap for the CoC and its partners to coordinate, align, and focus their efforts to maximize impact on reducing homelessness.

The strategies and policies adopted by Monterey and San Benito County CoC, jurisdictions (Counties and Cities), funders, providers and other key stakeholders are guided by the following principles:

Embedded with dignity and respect: The homelessness response system’s efforts center the needs of people requesting assistance by delivering individualized, comprehensive, and culturally competent services. Strengths-based, person-centered, trauma-informed, and harm reduction-based approaches are integrated into all aspects of service design and delivery.

Informed by people with lived experience of homelessness: People experiencing homelessness are experts of their personal needs; the homelessness response system honors and elevates their input on service design and delivery.

Housing-focused: The solution to homelessness is housing; all efforts of the homelessness response system work towards the goal of helping people gain and maintain stable, permanent housing situations.

Data-driven towards results: Strategies and priorities for reducing homelessness will be informed by data to best serve people experiencing homelessness, achieve desired outcomes, and guide strategic investments in programs and services.

Coordinated: The homelessness response system and other systems of care will communicate and partner towards shared goals of improving service linkages and reducing homelessness.

Equitable and social justice oriented: The homelessness response system acknowledges the barriers to housing and resource connection that disproportionately impact people by race, ethnicity, gender, and other identities. The system adopts intentional policies and programs to reduce these disparities and advance equity in system experiences and outcomes.

D. State of CA Housing First Principles
The State of California has adopted a set of Housing First requirements that apply to programs receiving funding from a range of sources, including HHAP and ERF. Some of these requirements are only applicable to permanent housing programs, but others are applicable to both shelter and housing. Shelter providers are expected to comply with the State of California’s Housing First requirements as applicable to

3 emergency shelter programs. The requirements may be found in the Welfare and Institutions Code (WIC) Section 8275(b). Additional information on Housing First may be found at the California Interagency Council on Homelessness (CA-ICH) website at: https://bcsh.ca.gov/calich/resources.html

2. SHELTER ACCESS
To ensure consistency with Housing First principles and ensure that people who are unsheltered have streamlined access to available shelter beds, shelter programs should adopt policies for eligibility and screening that impose minimal barriers to access.

A. Eligibility Criteria and Screening
Screening Criteria
Each shelter program in Monterey or San Benito County will establish its own eligibility criteria in compliance with applicable funding sources. Funder-mandated eligibility restrictions are allowed and may include factors such as: maximum income levels, convictions for specific criminal offenses (e.g., sex offender), minimum or maximum age of participants (e.g., must be at least 18, must be 18-24), veteran status and other factors.

Shelter programs shall not adopt additional eligibility or screening criteria beyond what is required by a funding source. In particular, providers shall not impose additional targeting or screening criteria designed to identify whether an individual or household is “suitable” or housing ready,” such as:

Sobriety or participation in treatment services
Employability or employment readiness
Income or ability to pay rent
“Motivation” or willingness to participate in services
Proof of citizenship/immigration status
Shelter programs will adopt policies and procedures that “screen in” individuals and households with higher barriers to housing, including:

Adult individuals and families who are unsheltered (living outdoors or in vehicles); Households with no, low or fixed income;
Adults with disabilities, including behavioral health issues (mental illness, substance use); People with limited or no employment history; and
People with criminal records and/or evictions.

Shelter programs may conduct a service needs assessment as part of the screening and admission process, but only for the purpose of developing a housing-focused case plan with the participant and determining their immediate needs. Service needs or other types of assessments are not to be used to make eligibility and admission decisions. However, shelters may decline to accept a participant if there is a clear safety issue (see below).

4 Safety Screening
Shelters may use their screening procedures to identify individuals who might pose a safety concern to other shelter participants, including, for example, recent history of violent behavior. Criteria for assessing safety concerns must be clear and objective to the maximum extent possible. These instances should be rare and the reason for the refusal to serve a participant must be documented. Shelters may also terminate a client’s participation after enrollment should they receive information that raises concerns about safety.

Compliance with Federal Requirements
Shelter Programs will operate in compliance with the Department of Housing and Urban Development’s (HUD) Equal Access to Housing Final Rule, ensuring that all individuals have equal access and accommodations to shelter, regardless of gender, gender identity, sexual orientation, and/or marital status.

Programs must have policies to ensure compliance with Fair Housing rules and implement a set of policies and procedures to provide reasonable accommodations for households with disabilities.

Screening Criteria Relating to Youth and Families
Programs should ensure they are operating in compliance with HUD requirements relating to involuntary separation of families. The CoC and ESG Interim Rules require that the age and gender of a child under age 18 must not be used as a basis for denying any family admission to a project that receives funds through the CoC or ESG program.

Unaccompanied minors may only be served with agreement of a legal guardian or appropriate authorities. Basic Center Programs (BCP) projects serving runaway youth must create a MOU between their programs and child welfare agencies that clarify roles, responsibilities and define the provision of services at the time youth enter shelter. This requirement is in accordance with the Runaway and Homeless Youth Act. No one under the age of 18 should be allowed to reside in a single-adult shelter. If a household with minors presents for service at a single-adult shelter, shelter staff should refer the family to more appropriate services.

B. Admission, Intake, and Readmission Policies
Admissions
Shelters are required to create policies and procedures for accepting individuals into their shelter programs including procedures for intake and readmission policies. Admission policies must specify the process individuals or families should follow to request access to shelter including how to contact the shelter, times of day when intakes are conducted, and waiting list procedures (if applicable).

Whenever possible programs shall work to divert participants seeking shelter entry by encouraging them to re-connect with family or friends who could temporarily or permanently house them.

5 Shelter Intake Documents
Shelter intake documents should be compliant with funding source requirements and should not impose additional or unnecessary barriers to access. The following are examples of intake documents that may be required.

1. Personal identification; at least one photo ID is preferred.

1. Documentation of Homelessness or At-Risk status per federal guidelines.

2. Income self-declaration.

3. HMIS Intake form.

4. Signed Release of Information (ROI)

5. Signed acknowledgement of receiving program rules or requirements.

6. Signed acknowledgement of receiving any other participant rights and responsibility.

7. Signed acknowledgement of receiving an agency grievance procedure. All participants will be provided a copy of the procedure.

Shelters should adopt policies that allow for maximum flexibility to make exceptions in cases where a participant cannot secure a needed document. Shelters should also do everything possible to minimize the number and length of forms to be completed by participants to ensure the intake process is not creating barriers to access.

Readmission
Shelter providers shall develop written policies regarding the conditions under which participants who have been exited from a program for violations of rules may be re-admitted. Policies may include conditions under which participants may be “banned” either temporarily or permanently. If a shelter program chooses to have policies regarding bans (due to significant safety concerns and/or related to “time out” periods where participants may not access shelter for a certain amount of time after exiting the program), the program will maintain documentation of their “ban” policies, the grievance/appeal process, and documentation of the reason for any bans that occur. All shelter providers should operate low barrier programs and strive to avoid banning participants whenever possible, utilizing techniques and resources such as harm reduction and de-escalation. Bans should be reserved for instances where participants pose safety threats to other program participants and/or staff.

3. SERVICES STANDARDS
A. Housing-Focused Case Management
The primary purpose of shelter is to provide a safe place for participants to stay while they quickly implement a plan to secure housing. To meet this objective, the primary support service intervention offered at shelter programs is housing-focused case management and service linkages.

Shelter case managers will respond to participants’ immediate and short-term service needs, complete an initial housing needs assessment, and develop a housing-focused case plan to secure and sustain housing.

Case managers will work to identify and build upon participants’ strengths. Additionally, case management will provide linkage to appropriate services and supports, including housing retention planning and retention services, as well as continued monitoring and follow-up regarding participant

6 progress and ongoing needs. The goal of the housing-focused case management is to help participants locate and move to a permanent housing situation as quickly as possible and to retain their housing once they leave shelter. Permanent housing includes market housing, senior housing, affordable housing, shared housing situations, moving in with a relative or friend, obtaining housing with a voucher or subsidy, or any housing situation that is not time limited.

Case management is offered to all participants, not only participants who are there for longer stays or participants in certain parts of the shelter program(s).

Shelter providers may establish rules strongly encouraging participants to participate in case management. However, participants should not be discharged from shelter for failure to attend case management meetings. Case managers will engage with and develop a rapport with each participant, using engagement techniques such as motivational interviewing, and offer assistance that is relevant and useful to addressing the goals and needs the participant has identified to reach the goal of re- entering permanent housing as quickly as possible.

While service participation should be voluntary, shelters are not expected to allow participants to stay in shelter indefinitely if they are not participating in case management or housing search activities. If shelter staff have made robust efforts to engage a participant and “meet them where they are,” yet the participant declines to participate, the shelter may provide the participant with an exit date. Shelters should have a written policy laying out their process and criteria for determining whether to terminate participation for a participant on the basis that they not engaging in the process of developing a housing plan or taking steps along a pathway to housing.

Case Manager Responsibilities
Responsibilities of the case manager shall generally include:

Employ a person-centered, strengths-based approach that tailors case management to each participant/household. Case management is individualized to each participant or household; case managers actively work to identify the unique needs and goals of each participant.

Develop individual housing plan with each participant/household, with participant participation, covering goals related to housing and other needed services. Housing plan templates should limit the number of goals and action steps to be included in a single plan in order to focus attention on housing and related goals.

Assist the participant with exploring potential housing resources, such as shared housing, reunifying with relatives, and identifying friends or relatives who could provide housing options.

Support participants to draw on their existing support networks, and help participants identify people already in their lives who can help with specific things, such as transportation or childcare.

Implement Housing First principles, focusing on addressing participants’ housing needs and goals.

Employ harm-reduction and trauma-informed care to tailor services to participants’ needs.

7 Work collaboratively with any other programs/staff that are providing services to the participant while in the program (e.g., a rapid re-housing program case manager). Shelter case managers will work to ensure a smooth transition and continuity of care with a participant’s new or additional case manager. Ensure collaboration and clear roles and responsibilities on case plan and housing goals.

Support participants to manage conflict and/or any other problems that may be presented during their shelter stay.

Provide services that are culturally appropriate and have needed language abilities. Multi-lingual case managers should be available as needed.

The case manager will support the participant with housing search and assist the participant in obtaining and moving into housing, including helping participants resolve or mitigate tenant screening barriers like rental and utility arrears or multiple evictions, as well as obtain necessary identification or other documents if needed.

Support participants to access services for which they are eligible and that will help support s successful transition to housing.

Case managers may offer budgeting assistance when desired by participants.

Case Manager Supervisory Responsibilities
Responsibilities of the Case Manager Supervisor shall generally include:

Monitor the Case Managers duties and accomplishments throughout their engagements with participants. It is the supervisor’s responsibility to ensure that case managers are properly connecting participants to services and resources, tracking information for participant record and HMIS usage, and general compliance with case management responsibilities.

The supervisor should provide support and training opportunities to the Case Managers when needed to ensure strong supportive services for the participants in the shelter program.

Case Loads
Case managers will generally maintain a manageable caseload of households, to the extent this is feasible given funding constraints. Shelters are expected to operate with no more than 20 participants assigned to each case manager (1:20 case manager to client ratio).

Case Manager Training
Case management staff should be provided with initial training and orientation and ongoing training, supervision, and support. Programs will conduct ongoing training, supervision, and quality assurance to ensure consistency and compliance with program policies including housing-focused case management policies, trauma-informed approaches, sexual harassment, harm reduction, de-escalation, and housing first principles. Programs will also ensure that all case management staff maintain updated knowledge of community-based services such as mainstream benefits, employment services, childcare resources, behavioral health services, and other services.

8 All staff will have written job descriptions that include requirements that they focus on activities relating to obtaining housing, while maintaining participant-centered, low barrier, safe programs.

The program shall have a case review process, as well as ongoing staff supervision and training, to help staff problem-solve around housing plans and around participants who are having difficulty following the established housing plan and/or other challenges while residing at the shelter.

B. Service Linkages
The shelter program shall collect, maintain, and update records of available mainstream and community resources for program participants. This includes community resources that can reduce burdens on income to increase resources to pay for housing costs, including employment opportunities, food banks, clothing consignment stores, mainstream benefits (including CalFresh, WIC, Medi-Cal/health coverage, General Assistance, and CalWORKs) low-income utility programs, childcare resources, and others. Additionally, it is recommended that case managers utilize the Smart Referral Software developed and maintained by United Way of Monterey County to increase service connections and facilitate sending referrals to services.

The program will collaborate with providers that provide domestic violence specific services to determine most appropriate housing or shelter plans for participants who are experiencing or have experienced domestic violence, and to connect participants with applicable domestic violence survivor services
Additional Supportive Services & Voluntary Service Participation As a general matter, supportive services in shelter programs are offered and encouraged, however participation is not mandatory. Programs may offer health and behavioral health services, employment and training services, budgeting classes, life skills, parenting classes and other types of support, but participation is not mandatory as a condition of receiving assistance. Programs may set up savings programs in which participants are supported to save some of their income for move-in expenses once they secure housing. However, savings programs cannot be mandatory.

Programs will utilize motivational interviewing and other engagement techniques to encourage participants to participate in supportive services.

Services for Families with Children
In accordance with federal requirements, each family shelter will consider the educational needs of children in households experiencing homelessness to the greatest extent possible and ensure that staff are trained and knowledgeable about these educational needs and rights of children staying in shelter.

If a family with children is not already connected to McKinney Vento services, the shelter staff should connect them to either the Monterey County or San Benito County Office of Education to ensure the family is receiving the services available to them.

9 4. PROGRAM OPERATIONS
A. Program Rules
In keeping with the principles of participant self-determination and to ensure that programs have low barriers to participation, Shelter Programs should establish program rules that foster an environment of trust, are clear and reasonable, and are focused ensuring that all participants have a safe environment in which to live. Program rules should not mandate participation in services as a condition of remaining in the program. Rules should be enforced consistently using a transparent process.

To the extent feasible, shelter providers should involve shelter participants in shelter governance and the development of shelter rules. Rules should be reviewed regularly to ensure they support the overall goal of creating a housing-focused, participant-centered, safe environment.

B. Time Limits and Extensions.

Each shelter will establish its own rules relating to how long participants may stay in the program. The overall focus of shelter services should be to help participants exit to a permanent housing situation as quickly as possible. To the extent shelters have a fixed maximum length of stay, exceptions should be available for participants who are in the process of securing housing to ensure they are able to transition directly from shelter to housing.

C. Termination/Disenrollment
Involuntary exit from shelter should always be a last resort. Program rules and services should be designed to support participants to access the support they need to participate in the shelter program and to exit as rapidly as possible to housing. Shelter leadership and staff should strive as much as possible to avoid discharging participants who struggle to comply with rules or to participate in services, approaching these challenges through a trauma-informed lens. Staff should be trained in traumainformed care, conflict resolution, de-escalation and motivational interviewing to equip them with the tools needed to work with clients who are challenging to engage and support. (See also section on Training)
Programs will maintain written grievance policies and procedures regarding involuntary exits/asked to leave situations. Participants will be made aware of the grievance procedures.

D. Facility Access
Shelter providers shall establish written policies regarding when and how program participants may access the shelter program facility during the course of their stay. In alignment with Housing First principles and practices, programs should maximize the ability of participants to come and go as they choose and not impose curfews or requirements that participants must leave the site during the day.

The written program policies should cover:

Times of day when program participants may enter and leave the program Policies regarding any visitors (how many, when they can visit, how long they can stay) Policies to prevent unauthorized people from entering the facility, to protect the safety of participants and staff – such as by having a 24/7 staffed front desk, locked gate or door with

10 controlled access to ensure only participants are entering the building, or other method for securing access to the site.

E. Gender Identity and Sexual Orientation
Shelter programs should affirmatively develop and implement policies to prevent discrimination and create a welcoming environment for people regardless of their gender identity. Policies should cover, at a minimum:

Access, intake and enrollment – gender identity or sexual orientation is not a reason to deny access to emergency shelter
Room or bed assignments – Assignment should be made based on the gender that the client identifies with, while also taking into consideration the client’s views with respect to their personal health and safety. Participants should not be isolated based on their gender identity.

Bathrooms – participants should be permitted to use the bathroom that corresponds to the gender they identify with. To the extent feasible, shelters should offer a gender-neutral or unisex bathroom.

Creating a welcoming environment for people who identify as transgender, including:
o Adopting a formal policy of respect
o Asking participants their preferred pronouns and taking care to not misgender participants
o Using gender neutral terms if the participant’s gender is unknown o Refraining from asking unnecessary questions or making remarks regarding a participant’s gender
o Using inclusive language in program materials (posters, forms, written policies, etc.) o Taking reasonable steps to address participant privacy or safety concerns Providing training to staff on gender identity and gender expression, appropriate use of language, how to create an inclusive and respectful environment and the requirements of HUD’s Equal Access Rule.

Providing participants with service connections and linkages to organizations and programs for the LGTBQIA community.

Shelter providers are encouraged to consult: Equal Access for Transgender People - Supporting Inclusive Housing and Shelters when developing operational policies.

F. Service Animals, Emotional Support Animals, and Pets Each shelter will establish a clear written policy regarding pets. All shelters should allow service animals for people with disabilities. Shelters may establish a policy regarding what documentation or verification is required for an animal to be considered a service animal.

Shelters are not required to accept pets (i.e., non-service animals), however, allowing participants to have pets is a key element of lowering barriers to shelter access. Shelter providers are encouraged to adopt policies allowing pets and providing accommodations for pets to the maximum extent possible. If pets are allowed, there must be a clear policy regarding types of pets allowed, and the respective responsibilities for shelter staff and participants for managing pets to ensure safety of all participants.

11 G. Participant Rights & Responsibilities
All shelters shall adopt a policy on participant rights and responsibilities. These policies must be in writing and shared with each participant upon admission. The written policy should be both personcentered and trauma informed, and should affirm:

The right to be treated with dignity and respect
The right to privacy within the constraints of a shelter environment The right to reasonable accommodations
The right to self-determination in participation in case management and services, including the right to decline to participate in supportive services
The right to have all records and disclosures maintained according to written standards and rules regarding confidentiality and privacy
The right to be clearly informed, in understandable and applicable language, about the purposes of services being delivered
The right to not be discriminated against based on categories including race, color, ancestry, national origin, religion, creed, age, disability, sex, gender, gender identity, gender expression, sexual orientation, medical condition, genetic information, marital status, military status, and veteran status.

H. Grievance and Appeal Procedures
Shelter providers must develop a written set of policies and procedures relating to participant appeals including:

What types of decisions are subject to appeal (e.g., denial of admission, denial of extension of stay, program termination)
Grounds for appeal
How to file an appeal
Process for the shelter will follow to consider the appeal, including timeframe for each step Shelter providers must also develop a written set of policies and procedures relating to the filing of participant grievances to address the participant’s treatment in the shelter program, including how to file a grievance, the process the shelter will follow to investigate, and how grievances will be resolved, and timeframe for each step.

In accordance with requirements of the State of California, shelter providers written policies and procedures should include directions on how to file a facility complaint to the Monterey or San Benito County Department of Housing and Community Development.

Copies of both the appeal and grievance policy should be posted in the shelter and staff should make forms available to participants upon request.

I. Participant Involvement and Feedback
Shelter providers should involve shelter participants in shelter program oversight and evaluation and proactively solicit input and feedback from participants on all aspects of shelter operations. This may take the form of a resident council (either volunteer or elected), regularly scheduled meetings between participant representatives and shelter staff, having a participant sit on the organization’s board of directors, or other means. Shelter providers should also use a range of tools to gather ongoing input

COALITION OF HOMELESS SERVICES PROVIDERS STANDARD AGREEMENT This Agreement is made by and between Coalition of Homeless Services Providers, the Continuum of Care collaborative applicant (hereinafter CHSP”), and Community Action Board of Santa Cruz County, Inc. (hereinafter "CONTRACTOR").

In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows:

1.0 GENERAL DESCRIPTION:

CHSP hereby engages CONTRACTOR to perform, and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The goods and/or services are described as follows:

Provide: To operate Recurso de Fuerza Village, a 34-unit non-congregate, low barrier housing navigation center.

2.0 PAYMENT PROVISIONS:

CHSP shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount payable by CHSP to CONTRACTOR under this Agreement shall not exceed the sum of $509,982.75 for Recurso de Fuerza Village.

3.0 TERM OF AGREEMENT:

3.01 The term of this Agreement is from July 1, 2024 through June 30, 2025, renewed annually through June 30, 2027, upon meeting project thresholds and outcomes, unless sooner terminated pursuant to the terms of this Agreement. This Agreement is of no force or effect until signed by both CONTRACTOR and CHSP and with CHSP signing last. 3.02 CHSP reserves the right to cancel this Agreement, or any extension of this Agreement, without cause, with a thirty-day (30) written notice, or with cause immediately.

4.0 SCOPE OF SERVICES AND ADDITIONAL PROVISIONS:

The following attached exhibits are incorporated herein by reference and constitute a part of this Agreement:

Exhibit A: Scope of Services/Payment Provisions
Exhibit B: Agency Budget

5.0 PERFORMANCE STANDARDS:

5.01 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and subcontractors performing services under this Agreement are specially Page 826 of 1242 Attachment 16: Page 56 of 74 trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this Agreement and are not employees of the CHSP, or immediate family of an employee of the CHSP.

5.02 CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this Agreement required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.

5.03 CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR shall not use CHSP premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

6.0 PAYMENT CONDITIONS:

6.01 Prices shall remain firm for the initial term of the Agreement and, thereafter, may be adjusted annually as provided in this paragraph. CHSP does not guarantee any minimum or maximum amount of dollars to be spent under this Agreement.

6.02 Negotiations for rate changes shall be commenced by CONTRACTOR, at least ninety days (90) before the Agreement expires. Rate changes are not binding unless mutually agreed upon in writing by CHSP and the CONTRACTOR.

6.03 CONTRACTOR shall submit such invoice periodically or at the completion of services, but in any event, not later than 30 days after completion of services. The invoice shall set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for the amounts claimed, and such other information pertinent to the invoice.

CHSP shall certify the invoice, either in the requested amount or in such other amount as CHSP approves in conformity with this Agreement and shall promptly submit such an invoice to the CHSP Auditor-Controller for payment. The CHSP Auditor-Controller shall pay the amount certified within 30 days of receiving the certified invoice.

7.0 TERMINATION:

7.01 During the term of this Agreement, CHSP may terminate the Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination.

In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination.

7.02 CHSP’s payments to CONTRACTOR under this Agreement are funded by local, state, and federal governments. If funds from local, state and federal sources are not obtained and continued at a level sufficient to allow for CHSP purchase of the indicated quantity of services, then CONTRACTOR may give written notice of this fact to CONTRACTOR, and the obligations of the parties under this Agreement shall terminate immediately, or on such date thereafter, as CONTACTOR may specify in its notice, unless in the meanwhile the parties enter into a written amendment modifying this Agreement.

8.0 INDEMNIFICATION: Page 827 of 1242 Attachment 16: Page 57 of 74 CONTRACTOR shall indemnify, defend and hold harmless CHSP, its officers, agents and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm or corporation for damage, injury, or death arising out of or connected with any negligence or willful misconduct by CONTRACTOR, its officers, employees, agents and subcontractors, unless such claims liabilities, or losses arise out of the sole negligence or willful misconduct of CONTRACTOR’S performance” includes CONTRACTOR’S actions or inaction and the action or inaction of CONTRACTOR’S officers, employees, agents and subcontractors.

8.0 INSURANCE REQUIREMENTS:

8.01 Evidence of Coverage: Prior to the commencement of this Agreement, the CONTRACTOR shall provide a “Certificate of Insurance” certifying that the coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, the CONTRACTOR upon request shall provide a certified copy of the policy or policies.

The verification of coverage shall be sent to CHSP unless otherwise directed. The CONTRACTOR shall not receive a “Notice to Proceed” with the work under this Agreement until it has obtained all insurance required and CONTRACTOR has approved such insurance. This approval of insurance shall neither relieve nor decrease the liability of the CONTRACTOR.

8.02 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

Commercial General Liability Insurance: including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broad form Property Damage, Independent Contractors, Products and Completed Operations, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence. (Note: any proposed modifications to these general liability insurance requirements shall be attached as an Exhibit hereto, and the section(s) above that are proposed as not applicable shall be lined out in blue ink. All proposed modifications are subject to CHSP approval.)
Auto Liability Coverage: must include all motor vehicles, including owned, leased, non- owned, and hired vehicles, used in providing services under this Agreement, with a combined single limit for Bodily Injury and Property Damage of not less than
$1,000,000 per occurrence.
(Note: any proposed modifications to these auto insurance requirements shall be attached as an Exhibit hereto, and the section(s) above that are proposed as not applicable shall be lined out in blue ink. All proposed modifications are subject to CHSP approval.) Page 828 of 1242 Attachment 16: Page 58 of 74 Workers’ Compensation Insurance: if CONTRACTOR employs others in the performance of this Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each disease.

Professional Liability Insurance: if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than
$1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a "claims-made" basis rather than an occurrence basis, the SUBCONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain extended reporting coverage ("tail coverage") with the same liability limits. Any such tail coverage shall continue for at least three years following the expiration or earlier termination of this Agreement.
(Note: Professional liability insurance coverage is required if the contractor is providing a professional service regulated by the state. Examples of service providers regulated by the state are insurance agents, professional architects and engineers, doctors, certified public accountants, lawyers, etc. However, other professional Contractors, such as computer or software designers, technology services, and services providers such as claims administrators should also have professional liability. If in doubt, consult with your risk or contract manager). All proposed modifications are subject to CHSP approval.)

8.03 All insurance required by this Agreement shall be with a company acceptable to CHSP and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless otherwise specified by the is Agreement, all such insurance shall be written on an occurrence basis, or if the policy is not written on an occurrence basis, such policy with coverage required herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this Agreement.

Each liability policy shall provide that CHSP shall be given notice in writing at least thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non- renewal thereof. Each policy shall provide coverage for the CONTRACTOR and additional insureds with respect to claims arising from each subcontractor, if any, performing work under this Agreement, or be accompanied by a certificate of insurance from each subcontractor showing each subcontractor has identical insurance coverage to the above requirements.

CONTRACTOR’s insurance policies shall be “occurrence” policies and not “claimsmade” coverage.

CONTRACTOR may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, CONTRACTOR shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection A,; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents Page 829 of 1242 Attachment 16: Page 59 of 74 and events covered by the underlying insurance that it supplements.

10.0 RECORDS AND CONFIDENTIALITY;

10.01 Confidentiality: CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. CONTRACTOR shall not disclose any confidential records or other confidential information received from the CHSP or prepared in connection with the performance of this Agreement unless CHSP specifically permits CONTRACTOR to disclose such records or information.

CONTRACTOR shall promptly transmit to the CHSP any and all requests for disclosure of any such confidential records or information. CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR'S obligations under this Agreement.

10.02 CHSP Records: When this Agreement expires or terminates, CONTRACTOR shall return to CHSP, and any of CHSP’s records which the CONTRACTOR has used or received from CHSP to perform services under this Agreement.

10.03 Maintenance of Records; CONTRACTOR shall prepare, maintain, and preserve all reports and records that may be required by federal, state, county, and CHSP rules and regulations related to services performed under this Agreement. CONTRACTOR shall maintain such records for a period of at least three years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three-year period, then CONTRACTOR shall retain said records until such action is resolved.

10.04 Access to and Audit of Records; CHSP shall have the right to examine, monitor, and audit all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of the CHSP or as part of any audit of CHSP, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

10.05 Inspection: CONTRACTOR agrees that CHSP or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of this Agreement. CONTRACTOR agrees to promptly provide CHSP or its designee, with any relevant information requested. CONTRACTOR agrees to permit CHSP or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 6 of Part 1 of Division 31 of the Health and Safety Code and all other applicable requirements established under AB 101, HHAP program guidance document published on the website, and this Agreement.

11.0 NON-DISCRIMINATION:

11.01 During the performance of this Agreement, CONTRACTOR, and its subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), sexual orientation, or any other characteristic set forth in California Government code § 12940(a), either in CONTRACTOR's employment practices or in the furnishing of services to recipients.

CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination. CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12.0 COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANTS:

If this Agreement has been or will be funded with monies received by CHSP pursuant to a contract with the state or federal government in which the CHSP is the grantee, CONTRACTOR will comply with all the provisions of said contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, CHSP will deliver a copy of the said contract to CONTRACTOR, at no cost to CONTRACTOR.

13.0 COMPLIANCE WITH APPLICABLE LAWS:

13.01 CONTRACTOR shall keep itself informed of and in compliance with all federal, state, and local laws, ordinances, regulations, and orders, including but not limited to all state and federal tax laws that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this AGREEMENT as well as any privacy laws including, if applicable, HIPAA. CONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

13.02 CONTRACTOR and its contractors, hereby certify under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 Cal. GOV. Code § 8350.

13.03 CONTRACTOR shall report immediately to CHSP, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and/or guidelines in relation to the Project of the performance of the Services.

13.04 All documentation prepared by CONTRACTOR shall provide for a completed project that conforms to all applicable codes, rules, regulations, and guidelines that are in force at the time such documentation is prepared.

14.0 INDEPENDENT CONTRACTOR:

In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is always acting and performing as an independent contractor and not as an employee of the CONTRACTOR. No offer or obligation of permanent employment with the Page 831 of 1242 Attachment 16: Page 61 of 74 CONTACTOR or CONTACTOR department or agency is intended in any manner, and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from CONTACTOR any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR's performance of this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold CHSP harmless from any and all liability that CHSP may incur because of CONTRACTOR'S failure to pay such taxes.

15.0 NOTICES:

Notices required under this Agreement shall be delivered personally or by first-class, postage pre- paid mail to the CHSP and CONTRACTOR'S contract administrators at the addresses listed below:

CONTRACTOR SUBCONTRACTOR
Katrina McKenzie, Executive Officer
Coalition of Homeless Services Providers
1123 Fremont Blvd., Suite D, Seaside,
CA 93955
(831) 883-3080
[email protected]
Maria Elena de la Garza, CEO
Community Action Board of
Santa Cruz County, Inc.
406 Main Street Suite 207
Watsonville, CA 95076
[email protected]

16.0 MISCELLANEOUS PROVISIONS:

16.01 Conflict of Interest; CONTRACTOR represents that it presently has no interest and agrees not to acquire any interest during the term of this Agreement, which would directly, or indirectly conflict in any manner or to any degree with the full and complete performance of the services required to be rendered under this Agreement.

16.02 Amendments or Modifications: Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulations and goals relating to the Project(s). Should the parties consent to modification of the Agreement, then an amendment shall be drawn, approved, and executed in the same manner as the original agreement.

16.03 Waiver: Any waiver of any terms and conditions of this Agreement must be in writing and signed by the CHSP and the CONTRACTOR. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

16.04 Contractor; The term "CONTRACTOR" as used in this Agreement includes CONTRACTOR's officers, agents, and employees acting on CONTRACTOR'S behalf in the performance of this Agreement.

16.05 Disputes: CONTRACTOR shall continue to perform under this Agreement during any dispute. Page 832 of 1242 Attachment 16: Page 62 of 74

16.06 Pronouns: The use of any gendered pronoun shall be deemed to include all the other genders, and the use of any singular noun or verb shall be deemed to include the plural, and vice versa, whenever the context so requires.

16.07 Assignment and Subcontracting; The CONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of CHSP. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the CHSP. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the performance of all requirements of this Agreement.

16.08 Successors and Assigns: This Agreement and the rights, privileges, duties, and obligations of CHSP and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and heirs.

16.09 Headings: The headings are for convenience only and shall not be used to interpret the terms of this Agreement.

16.10 Time is of the Essence: Time is of the essence in each and all of the provisions of this Agreement.

16.11 Governing Law: This Agreement shall be governed by and interpreted under the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect, and performance.

16.12 Forum and Venue: All actions regarding this Agreement shall be brought exclusively in a court of competent subject matter jurisdiction in Monterey County, California, and the parties agree that venue in such courts is appropriate.

16.13 Non-exclusive Agreement: This Agreement is non-exclusive and both CHSP and CONTRACTOR expressly reserve the right to contract with other entities for the same or similar services.

16.14 Construction of Agreement: CHSP and CONTRACTOR agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.

16.15 Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

16.16 Authority: Any individual executing this Agreement on behalf of CHSP, or the CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

16.17 Integration: This Agreement, including the exhibits, represents the entire Agreement Page 833 of 1242 Attachment 16: Page 63 of 74 between CHSP and the CONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, between CHSP and the CONTRACTOR as of the effective date of this Agreement, which is the date that the CHSP signs the Agreement.

16.18 Interpretation of Conflicting Provisions: In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

16.19 Entire Agreement: This Agreement and its exhibits and any documents referred to herein constitute the complete understanding of the parties and merge and supersede any and all other discussions, agreements, and understandings, either oral or written, between the parties with respect to the subject matter hereof.

16.20 Severability: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this Agreement.

16.21 Headings: Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement.

16.22 Assignment: Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned, subcontracted, or subgrantee by the CONTRACTOR without the prior express written consent of CHSP. 17.00 CONSENT TO USE OF ELECTRONIC SIGNATURES:

17.01 The parties to this Agreement consent to the use of electronic signatures via Adobe Signature to execute this Agreement. The parties understand and agree that the legality of electronic signatures is governed by state and federal law, 15 U.S.C.

Section 7001 et seq.; California Government Code Section 16.5; and, California Civil Code Section 1633.1 et. seq. Pursuant to said state and federal law as may be amended from time to time, the parties to this Agreement hereby authenticate and execute this Agreement, and any and all Exhibits to this Agreement, with their respective electronic signatures, including any and all scanned signatures in portable document format (PDF).

17.02 Counterparts: The parties to this Agreement understand and agree that this Agreement can be executed in two (2) or more counterparts and transmitted electronically via facsimile transmission or by delivery of a scanned counterpart in portable document format (PDF) via email transmittal.

17.03 Form: Delivery by E-Mail or Facsimile: Executed counterparts of this Agreement may be delivered by facsimile transmission or by delivery of a scanned counterpart in portable document format (PDF) by e-mail transmittal, in either case with delivery confirmed. On such confirmed delivery, the signatures in the facsimile or Page 834 of 1242 Attachment 16: Page 64 of 74 PDF data file shall be deemed to have the same force and effect as if the manually signed counterpart or counterparts had been delivered to the other party in person. ********** THIS SECTION INTENTIONALLY LEFT BLANK**********