WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR
AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
MAY 15, 2024 AGENDA
Martha Guerrero, Mayor
Dawnté Early, Mayor Pro Tem
Quirina Orozco, Council Member
Norma Alcala, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
6:30 PM Closed Session Call to Order
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento GENERAL ADMINISTRATION FUNCTION – PART I
1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE
JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.
According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.
PRESENTATIONS
2. Community Development
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING THE 2024
GRADUATING COHORT OF THE WEST SACRAMENTO COMMUNITY ACADEMY Objective: The objective of this report is to facilitate City Council consideration of a proclamation to celebrate the first cohort of graduates from the City of West Sacramento’s Community Academy, and to specifically recognize the active role that the participants have made in becoming a more informed and engaged members of their community.
Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing the 2024 graduating cohort of the West Sacramento Community Academy.
3. Public Works
Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 CONSIDERATION OF A PROCLAMATION RECOGNIZING MAY 19-25, 2024 AS NATIONAL
PUBLIC WORKS WEEK
Objective: The purpose of this report is to raise public awareness of the importance of the service provided by Public Works and proclaim May 19-25, 2024 as National Public Works Week.
Recommendation: Staff respectfully recommends that the City Council adopt the attached proclamation recognizing May 19-25, 2024 as National Public Works Week.
4. City Manager's Office
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL DECLARING MAY 2024 AS
MENTAL HEALTH AWARENESS MONTH
Objective: The purpose of this proclamation is to provide awareness about the need to support mental health services and education for the benefit of families and residents of West Sacramento and communities throughout Yolo County.
Recommendation: Staff respectfully recommends that the City Council adopt a proclamation declaring May 2024 as Mental Health Awareness Month.
5. City Manager's Office
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING MAY 12-18, 2024, AS NATIONAL POLICE WEEK AND MAY 15, 2024, AS PEACE OFFICERS’ MEMORIAL DAY
Objective: The objective of this proclamation is to highlight the sacrifices of fallen officers and to honor the more than 24,000 individuals killed in the line of duty in the United States, including Officer James H. McKnight from the West Sacramento Police Department.
Recommendation: Staff respectfully recommends that the City Council adopt a proclamation recognizing May 12-18, 2024, as National Police Week and May 14, 2024, as Peace Officers’ Memorial Day.
CONSENT AGENDA
6. Community Development
CONSIDERATION OF RESOLUTION 24-49 ACCEPTING THE RIVERS PHASE II WATER
STORAGE TANK LOCATED ON LIGHTHOUSE DRIVE WITHIN THE RIVERS PHASE II
SUBDIVISION
Objective: To accept the Rivers Phase II Water Storage Tank located on Lighthouse Drive within the Rivers Phase II subdivision.
Recommendation: Staff respectfully recommends that the Council adopt Resolution 24-49, accepting the Rivers Phase II Water Storage Tank.
2 7. Community Development
CONSIDERATION OF RESOLUTION 24-50 APPROVING PARCEL MAP 5243 Objective: The objective of this report is to seek City Council approval of Resolution 24-50, which would approve Parcel Map 5243.
Recommendation: Staff respectfully recommends that the City Council approve Parcel Map 5243, splitting one five-acre parcel located at 2529 West Capitol Avenue into two parcels of 2 acres and 3 acres.
8. Community Development
CONSIDERATION OF BICYCLE, PEDESTRIAN, AND TRAILS MASTER PLAN 2024 INTERIM UPDATE
Objective: This report's objective is to request City Council approval of recommended minor amendments to the 2018 Bicycle, Pedestrian, and Trails Master Plan (BPTMP).
Recommendation: Staff respectfully recommends that the City Council receive staff’s update, review the proposed plan amendments, and adopt Resolution 24-32 approving the 2024 interim update to the 2018 Bicycle, Pedestrian, and Trails Master plan, replacing superseded pages in the current BPTMP with updated pages, included as Exhibits A, B, and C to the attached Resolution.
9. Economic Development & Housing
CONSIDERATION OF RESOLUTION 24-34 ESTABLISHING A BUDGET APPROPRIATION OF UP TO $2,697,200 FROM YOLO COUNTY BEHAVIORAL HEALTH BRIDGE HOUSING
PROGRAM FUNDS FOR EXPANSION AND OPERATION OF HOMELESS EMERGENCY
HOUSING SERVICES
Objective: The purpose of this report is to provide sufficient information for the Council to adopt Resolution 24-34 establishing a budget appropriation of up to $2,697,200 from Yolo County Behavioral Health Bridge Housing Program funds for expansion and operation of homeless emergency housing services at 1809 West Capitol Avenue and 1821 West Capitol Avenue.
Recommendation: Staff respectfully recommends that the City Council: 1. Adopt Resolution 24-34 establishing a budget appropriation of up to $2,697,200 funded by Yolo County Behavioral Health Bridge Housing Program funds for the expansion and operation of homeless emergency housing services at 1809 West Capitol Avenue and 1821 West Capitol Avenue; and 2. Authorize the City Manager or his designee to execute the Subrecipient Agreement (Attachment 2) with Yolo County providing requirements for the expenditure of these funds, as approved by the City Attorney, for the Yolo County Behavioral Health Bridge Housing Program award.
10. Economic Development & Housing
CONSIDERATION OF CONTRACT FOR SERVICES WITH THE MERCY COALITION FOR SUPPORTIVE SERVICES AT THE CITY’S HOMEKEY PROGRAM
3 Objective: The purpose of this report is to provide sufficient information for Council to consider approving a contract for services with the Mercy Coalition to provide supportive services at the City’s Homekey Program, located at 817 West Capitol Avenue.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve a 12-month contract (Attachment 1) for supportive services with the Mercy Coalition for an amount not to exceed $141,488 for the City’s Homekey Program and authorize the City Manager, or his designee, to execute the contract for services; (2) Delegate authority to the City Manager, or his designee, to exercise the two additional 12-month term options provided in the contract for services at an amount not to exceed $146,779 and $150,975 for years two and three, respectively ; and (3) Authorize the City Manager, or his designee, to make non-substantive changes or modifications to the contract with approval from the City Attorney.
11. Economic Development & Housing
CONSIDERATION OF CONTRACT FOR SERVICES WITH DOWNTOWN STREETS INC, FOR CASE MANAGEMENT SERVICES AT THE CITY’S HOMEKEY PROGRAM
Objective: The purpose of this report is to provide sufficient information for Council to consider approving a contract for services with Downtown Streets Inc. to provide case management services for the City’s Homekey Program, located at 817 West Capitol Avenue.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve a 12-month contract (Attachment 1) for case management services with Downtown Streets Inc., for an amount not to exceed $533,937.21 for the City’s Homekey Program and authorize the City Manager, or his designee, to execute the contract for services; (2) Delegate authority to the City Manager, or his designee, to exercise the two additional 12-month term options provided in the contract for services at an amount not to exceed $552,512.32 and $580,137.94 for years two and three, respectively; and (3) Authorize the City Manager, or his designee, to make non-substantive changes or modifications to the contract, with approval from the City Attorney.
12. Economic Development & Housing
CONSIDERATION OF LEASE AND SUBLEASE AGREEMENTS WITH CLEAR
CHANNELOUTDOOR FOR GATEWAY DIGITAL BILLBOARDS
Objective: The purpose of this report is to provide sufficient information for Council consideration of lease and/or sublease agreements with Clear Channel Outdoor to construct and operate gateway digital billboards on City-owned and/or controlled property located at 4761 West Capitol Avenue and 1301 South River Road (Attachment 1).
Recommendation: Staff respectfully recommends that the City Council: (1) Find that the proposed Project is consistent with the General Plan 2035 land use designation for the Project site, and all potential impacts associated with buildout were anticipated by and addressed in the General Plan 2035 EIR and Subsequent SEIR prepared for the update to the General Plan 2035 Mobility Element and the Bridge District Specific Plan (see PRC Section 21083.3 (b); CEQA Guidelines Section 15183 (b)); (2) Authorize the City Manager, or his designee, to execute a Lease Agreement with Clear Channel Outdoor for installation and operation of a digital billboard on City-owned property located at 4761 West Capitol Avenue (Attachment 3); and (3) Authorize the City Manager, or his 4 designee, to execute a Lease and Sublease Agreements with Smart Growth Investors, LLC and Clear Channel Outdoor, respectively, for the installation and operation of a digital billboard at 1301 South River Road, under substantially the same terms as those in Attachments 2 and 3.
13. Finance
CONSIDERATION OF RESOLUTION 24-53 APPROVING AMENDMENTS TO THE FISCAL YEARS 2023/24 AND 2024/25 O&M BUDGETS AND DELEGATION OF AUTHORITY TO
EXECUTE CONTRACT WITH QUESTICA, LTD FOR BUDGET SYSTEM, DIGITAL BUDGET
BOOK, AND TRANSPARENCY PORTAL IMPLEMENTATION
Objective: The objective of this report is to provide Council with sufficient information to adopt Resolution 24-53 approving an amendment to the FY 2023/24 and FY 2024/25 O&M budgets and to authorize the City Manager to execute a five-year contract with Questica, Ltd. for implementation of a budget system, digital budget book, and financial transparency tool.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve Resolution 24-53 Approving Amendments to the FY 2023/24 and FY 2024/25 O&M budgets; and (2) Authorize the City Manager to execute a five-year contract with Questica, Ltd. for implementation of a budget system, digital budget book, and financial transparency tool.
14. Police
CONSIDERATION OF PURCHASE OF FOUR POLICE MOTORCYCLES AND ADOPTION OF RESOLUTION 24-54 APPROVING A BUDGET AMENDMENT FOR THE OUTFITTING OF FOUR POLICE MOTORCYCLES AND MOTOR OFFICER EQUIPMENT IN FYS 2023/2024 AND 2024/2025
Objective: The purpose of this report is to obtain City Council approval for the purchase of four (4) police motorcycles from Long Beach BMW and authorization to appropriate funds to outfit four (4) police motorcycles, for the outfitting of four (4) police motorcycles and to equip new motor officers.
Recommendation: Staff respectfully recommends that the City Council: (1) Authorize the City Manager to approve the purchase of four police motorcycles from Long Beach BMW; and (2) Adopt Resolution 24-54 approving a budget allocation of $212,000 (one-time) and $10,000 annually for the purchase of the four (4) motorcycles, the outfitting of the motorcycles and motor officer officer equipment in FY 2023/2024 and 2024/2025.
15. Public Works
CONSIDERATION OF ADOPTION OF RESOLUTION 24-39 APPROVING AMENDMENTS TO
THE SEWER FUND OPERATIONS AND MAINTENANCE AND CAPITAL IMPROVEMENT PROJECT BUDGETS FOR FISCAL YEAR 2023-24 FOR THE PURCHASE OF A VACCON Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-39 amending the Capital Improvement Program budget to transfer Sewer Enterprise funds for the purchase of a Vaccon.
5 Recommendation: Staff respectfully recommends that the City Council: (1) Adopt Resolution 24- 39 approving a transfer of $750,000 to the Sewer Fund Operations & Maintenance (O&M) fund from the Capital Improvement Project Fund budget for Fiscal year 2023-24 for the purchase of a Vaccon; and (2) Direct staff to purchase equipment from the lowest responsible bidder.
16. City Manager's Office
CONSIDERATION OF ADOPTION OF THE TOTAL TENTATIVE AGREEMENT ON ECONOMIC
TERMS FOR THE SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO FIREFIGHTER’S ASSOCIATON AND ADOPTION OF RESOLUTION 24-57 APPROVING AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2023/24 AND 2024/25
Objective: The purpose of this report is to seek City Council consideration of approval of a total tentative agreement on terms for a thirteen (13) month successor Memorandum of Understanding (MOU) between the City of West Sacramento and the West Sacramento Firefighter’s Association (FFA) and Resolution 24-57, approving related budget amendments.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve the total tentative agreement on terms for a successor Memorandum of Understanding between the City of West Sacramento and the West Sacramento Firefighter’s Association effective June 1, 2024 through June 30, 2025; (2) Approve the updated Classification Plan (Salary Schedule) and Benefits Summary for the FFA; and (3) Adopt Resolution 24-57 approving amendments to the approved biennial budget for Fiscal Years 2023/24 & 2024/25 to fund the proposed salary and benefit changes.
17. City Manager's Office
CONSIDERATION OF APPOINTMENT OF SUSAN STRAND TO THE YOLO COUNTY WASTE
ADVISORY COMMITTEE
Objective: The objective of this report is to provide the Mayor and Members of the City Council with the information needed to appoint Susan Strand to the Yolo County Waste Advisory Committee to serve as the City of West Sacramento representative.
Recommendation: Staff respectfully recommends that the Mayor, with approval of the City Council, appoint City of West Sacramento staff member Susan Strand, Senior Analyst – Waste Reduction, to the Yolo County Waste Advisory Committee.
PUBLIC HEARINGS
NONE.
REGULAR AGENDA
18. Community Development
WORKSHOP ON THE WEST SACRAMENTO ON-DEMAND RIDESHARE PROGRAM
CONTINUATION AND FUNDING
6 Objective: The purpose of this report is to present the City Council with the results of the OnDemand Rideshare Request for Proposal, the staff recommendation of contract award, and the negotiated budget options of the proposed contract for the On-Demand Rideshare Program. Staff will discuss the funding gap and the available funding capacity and sources to solicit feedback from the Council to inform the finalization of the contract.
Recommendation: Staff respectfully recommends that the City Council review staff’s report and the information presented at the meeting to provide feedback and direction to staff to be used in preparation of the On-Demand Rideshare Program contract regarding program operations and budget.
19. City Manager's Office
CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE 24-7 AND ADOPTION OF RESOLUTION 24-52 REGARDING A NEW LOCAL GENERAL PURPOSE
TRANSACTIONS AND USE TAX
Objective: The objective of this report is to provide the City Council with sufficient information to conduct the second reading and adoption of Ordinance 24-7 to adopt a one-cent general transactions and use tax (sales tax) and to consider Resolution 24-52 calling a special election to approve the measure and other related actions.
Recommendation: Staff respectfully recommends that the City Council: (1) Waive the second reading, read by title and number only, and adopt Ordinance 24-7 imposing a general transactions and use tax to be administered by the California Department of Tax and Fee Administration; and (2) Adopt Resolution 24-52 calling a special municipal election to be held on November 5, 2024, for the purposes of approving an ordinance imposing a one-cent general transactions and use tax for repairing and rebuilding roads, public safety protection and personnel, maintaining parks and trails, addressing homelessness, and keeping public spaces safe and clean. Resolution 24-52 will also request that the Yolo County Board of Supervisors consolidate the election with the statewide election, authorize the Mayor to prepare a written argument in support of the tax measure, and direct the City Attorney to prepare an impartial analysis of the measure.
GENERAL ADMINISTRATION FUNCTION – PART II
20. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority----------------------------------------------------Vacant, Alternate - Vacant League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull 7 West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo Animal Servies Planning Agency JPA----------------------------Guerrero; Alternate – Sulpizio Hull Yolo County Housing Authority-------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Transportation District -----------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Habitat Conservancy ------------------------------------------------------------------------------Sulpizio Hull Yolo-Solano Air Quality Management District ----------------------------Alcala; Alternate – Sulpizio Hull Yolo Subbasin Sustainable Groundwater Agency-------------------------Sulpizio Hull; Alternate - Early
COUNCIL INTERMEDIARY REPRESENTATIVES
Delta Protection Commission -------------------------------------------------------Vacant; Alternate - Vacant New Hope Community Development Corporation---------------------------------Early; Alternate - Alcala Yolo County Consolidated Redevelopment Successor Agency Oversight Board--------Sulpizio Hull
21. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the May 15, 2024 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted May 10, 2024 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review. __________________________________________
Jennifer Cusmir, City Clerk
NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
The agenda and agenda reports are also available on the City’s website at www.cityofwestsacramento.org City Council meetings are broadcast live on Wave Cable Channel 20 and rerun the next day at 12:00 PM and the following Saturday at 6:00 PM.
All public materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are also made available for public inspection on the City’s website at:
www.cityofwestsacramento.org. Any document provided at the meeting by staff or by the public will be provided by the City Clerk upon request by phone at (916) 617-4500, or by email at: [email protected].
If you need assistance to participate in this meeting, including translation support, please contact the City Clerk’s Office at 916-617-4500 or [email protected]. Notifying the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 8 Si necesita ayuda para participar en esta reunión o servicios de traducción, comuníquese con la Oficina del Secretario Municipal al 916-617-4500 o [email protected]. Notificar a la Oficina del Secretario Municipal al menos 48 horas antes de la reunión ayudará al personal a garantizar que se puedan hacer arreglos razonables para proporcionar accesibilidad a la reunión.
Los dispositivos de escucha asistida están disponibles en esta reunión. 9 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 2
SUBJECT:
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL RECOGNIZING THE 2024 GRADUATING COHORT OF THE WEST SACRAMENTO COMMUNITY ACADEMY INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jon Robinson, Deputy City Manager
Kaisa Miller, Senior Analyst
City Manager’s Office
Katie Rodgers, Administrative Analyst II
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to facilitate City Council consideration of a proclamation to celebrate the first cohort of graduates from the City of West Sacramento’s Community Academy, and to specifically recognize the active role that the participants have made in becoming a more informed and engaged members of their community.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing the 2024 graduating cohort of the West Sacramento Community Academy.
BACKGROUND
Community Academies, sometimes also referred to as “Citizens Academies”, or “Leadership Academies”, have been utilized by many jurisdictions in California and elsewhere as a way to engage residents to learn more about, and become more involved in, their local governing bodies. While the concept of the City of West Sacramento hosting an Academy had been discussed in prior years by the City Council, no program has been developed and conducted until this year.
In 2023, the Council adopted a Strategic Plan Policy Agenda item calling for staff to explore a program framework and initiate implementation of a community academy. Throughout 2023 and 2024, City staff developed presentations, learning games and activities, “behind the scenes” tours, and other events to be held during the Academy. This free program was held over 7-week sessions on Tuesday evenings from 5:30pm-8:30pm, from March 19, 2024, through May 15, 2024. Each night was hosted by one or more City departments, educating participants on their respective operations and responsibilities. Staff provided engaging presentations and hands-on activities to provide a unique, interactive learning experience for participants.
ANALYSIS
The Academy was designed around four major goals:
Increase participants’ understanding of local government by providing presentations explaining the many issues the Council faces when making decisions, how City funds are allocated, and how each department operates;
Promote Civic engagement by encouraging positive involvement and volunteerism for residents; Promote future community leaders by sharing knowledge that could lead to interest in engaging with various community opportunities or serving on City Boards and Commissions, committees, or a future elected position; and
Provide networking opportunities with other West Sacramento residents and City staff.
Based on conversations with Community Academy participants, survey results, and observations of the sessions, staff believes the Community Academy was enjoyable for participants, and will help them become better informed participants in the City’s civic life. Adoption of this proclamation will honor and support the West Sacramento residents who completed the first West Sacramento Community Academy. 10 Proclamation Recognizing the 2024 Graduating Cohort of the West Sacramento Community Academy May 15, 2024
Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
This item is consistent with the 2023 City of West Sacramento’s Strategic Plan Mission “Creating A Community Academy”.
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A
ATTACHMENT
1. Proclamation
11 Attachment 1
PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO RECOGNIZING THE 2024 GRADUATING COHORT OF
THE WEST SACRAMENTO COMMUNITY ACADEMY
WHEREAS, the strength of any community lies in the active engagement of residents in its civic affairs; and
WHEREAS, the West Sacramento City Council has a long-standing tradition of encouraging West Sacramento residents to take an active role in the City’s civic life; and WHEREAS, in 2023 the City Council authorized the City’s first ever Community Academy, an educational program designed to teach participating residents about the functions of City government through an interactive and behind the scenes learning experience; and WHEREAS, the participants of the Community Academy devoted time outside of their regular commitments to attend seven weeks of weekday evening presentation sessions and two site tours; and
WHEREAS, the participation of a diverse group of residents in the Community Academy embodies the spirit of inclusivity, unity, and community, characteristics that define and distinguish the City of West Sacramento; and
WHEREAS, participants in this year’s cohort of the Community Academy are now better prepared to participate actively in the City’s civic life; and WHEREAS, the Community Academy represents the City's enduring commitment to empower its residents, to listen to their voices, and to shape a promising, prosperous future that benefits all.
NOW, THEREFORE, BE IT PROCLAIMED that the West Sacramento City Council hereby recognizes and thanks this first graduating cohort of the West Sacramento Community Academy and looks forward to working alongside the members of this group for the betterment of this community.
PROCLAIMED this 15th day of May, 2024.
ATTEST:
Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
12 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 3
SUBJECT:
CONSIDERATION OF A PROCLAMATION RECOGNIZING MAY 19-25, 2024 AS
NATIONAL PUBLIC WORKS WEEK
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Lorianne Landsaw, Senior Analyst
Public Works Operations & Maintenance
Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to raise public awareness of the importance of the service provided by Public Works and proclaim May 19-25, 2024 as National Public Works Week.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt the attached proclamation recognizing May 19-25, 2024 as National Public Works Week.
BACKGROUND
National Public Works Week was originally instituted as a public education campaign by the American Public Works Association in 1960. It is a celebration of the tens of thousands of men and women in North America who provide services and maintain the infrastructure collectively known as Public Works.
National Public Works Week calls attention to the importance of public works services in our every day lives, services such as water and sewer treatment, street sweeping, storm drains, utilities, and road maintenance. This week seeks to enhance the prestige of the professionals, often the unsung heroes in our community, who serve the public good day-in and day-out with quiet dedication.
National Public Works Week is observed each year during the third week of May. Through National Public Works Week and other efforts, we are seeking to increase the public’s awareness of public works issues and to increase confidence in public works employees who are dedicated to improving the quality of life for present and future generations.
ANALYSIS
Adoption of this proclamation will further signify the City’s commitment to recognizing and celebrating the staff that work to further the City’s mission to provide quality municipal services, quality City infrastructure and facilities, and to inspire community improvements that add value to the lives of the residents.
Environmental Considerations
Not applicable.
Commission Recommendation
Not applicable.
Strategic Plan Integration
Not applicable.
Alternatives
Not applicable.
Coordination and Review
Not applicable.
Budget/Cost Impact
None.
13 National Public Works Weeks
May 15, 2024
ATTACHMENT
Proclamation recognizing May 19-25, 2024 as National Public Works Week. 14 PROCLAMATION
OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING MAY 19-25, 2024 AS NATIONAL PUBLIC WORKS WEEK WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of West Sacramento; and, WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders, and children in West Sacramento to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association.
NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of West Sacramento hereby declares the week May 19–25, 2024, as National Public Works Week and urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.
Proclaimed this 20th day of May, 2024.
ATTEST:
Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 4
SUBJECT:
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL DECLARING MAY 2024
AS MENTAL HEALTH AWARENESS MONTH
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The purpose of this proclamation is to provide awareness about the need to support mental health services and education for the benefit of families and residents of West Sacramento and communities throughout Yolo County.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation declaring May 2024 as Mental Health Awareness Month.
BACKGROUND
Mental illness affects about 20 percent of the U.S. population, with an even higher prevalence among the homeless population in California, where it affects approximately 30 percent of individuals. Suicide ranks as the second leading cause of death in California among those aged 25 to 34.
In response to these challenges, Yolo County, in collaboration with the cities of West Sacramento, Woodland, Davis, and Winters, has initiated a range of programs and services to support individuals grappling with mental health issues. Multiple agencies and community organizations are pooling their efforts to tackle these concerns, including the Yolo County Local Mental Health Board and the Yolo County Health and Human Services Agency Wellness Centers located in West Sacramento, Woodland, and Davis.
In Fiscal Year 2022/23, 1,283 West Sacramento residents ages 1-86 engaged in mental health services with the Yolo County Health and Human Services Agency and 8,819 mental health services were provided. These numbers have more than doubled since 2020.
ANALYSIS
Adoption of this proclamation signifies the City's commitment to creating the best possible future for all people and underscores the importance of collaborating with mental health partner agencies within our community.
Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A
ATTACHMENT
1. Proclamation
16 Attachment 1
PROCLAMATION
OF THE WEST SACRAMENTO CITY COUNCIL
DECLARING MAY 2024 AS
MENTAL HEALTH AWARENESS MONTH
WHEREAS, mental health is essential to everyone’s overall health and well-being; and WHEREAS, in California nearly 1 in 7 California adults experience a mental illness, and 1 in 26 has a serious mental illness that makes it difficult to carry out daily activities; and WHEREAS, there are many possible risk factors that can influence how likely a person is to experience a mental health condition which include exposure to trauma; your environment and how it impacts your health and quality of life; genetics; brain chemistry; and lifestyle; and WHEREAS, 988 is now available nationwide. This new three-digit number is an easy-toremember way for people to connect with support during a mental health, substance use, or suicide crisis. Anyone in a mental health crisis can call, text, or chat with 988 and be connected to trained crisis counselors in the 988 Suicide and Crisis Lifeline network; and WHEREAS, several local agencies and community organizations are collaborating efforts to address mental health concerns including the Yolo County Local Mental Health Board, and Yolo County Health and Human Services Agency Wellness Centers in West Sacramento, Woodland, and Davis; and
WHEREAS, West Sacramento is grounded in the belief that we must look out for one another -- and whether it affects our family members, friends, co-workers, or those unknown to us -- we do a service for each other when we reach out and help those struggling with a mental health issue; and
WHEREAS, in Fiscal Year 2022/23, 1,283 West Sacramento residents ages 1-86 engaged in mental health services with the Yolo County Health and Human Services Agency and 8,819 mental health services were provided; these numbers have more than doubled since 2020; and
WHEREAS, significant local investments have been made to raise awareness of mental health issues and increase access to mental health services through collaborative projects such as the Crisis Intervention Team (CIT) and co-responder model which is moving Yolo County toward a more effective and compassionate crisis response system.
NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the West Sacramento City Council that the month of May 2024 be recognized as “Mental Health Awareness Month.” PROCLAIMED THIS 15th day of May, 2024.
ATTEST:
Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
17 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 5
SUBJECT:
PROCLAMATION OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING MAY 12-18, 2024, AS NATIONAL POLICE WEEK AND MAY 15, 2024, AS PEACE OFFICERS’ MEMORIAL DAY
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[] Council [ x ] Staff
[ ] Other
Paul Hosley, Public Information Officer
City Manager’s Office
ATTACHMENT [ x ] Yes [ ] No [ ] Information [ ] Direction [ ] Action
OBJECTIVE
The objective of this proclamation is to highlight the sacrifices of fallen officers and to honor the more than 24,000 individuals killed in the line of duty in the United States, including Officer James H. McKnight from the West Sacramento Police Department.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing May 12-18, 2024, as National Police Week and May 14, 2024, as Peace Officers’ Memorial Day.
BACKGROUND
National Police Week, established to honor law enforcement officers who have lost their lives in the line of duty, has been a tradition in the United States for decades. Peace Officers’ Memorial Day, designated on May 15th, serves as a focal point of National Police Week, recognizing the sacrifices made by these brave men and women.
The City of West Sacramento has a long history of supporting its law enforcement community and commemorating the sacrifices of fallen officers. With the recent addition of 282 new names to the National Law Enforcement Officers Memorial, including Officer James H. McKnight from our own West Sacramento Police Department, it is fitting for the City Council to formally recognize National Police Week and Peace Officers’ Memorial Day.
ANALYSIS
Adoption of this City Council proclamation honors the service and sacrifice of law enforcement officers, including those from our own community, and demonstrates the City’s ongoing support for our local police department.
Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A
ATTACHMENT
1. Proclamation
18 Attachment 1
PROCLAMATION
OF THE MAYOR OF THE CITY OF WEST SACRAMENTO
RECOGNIZING MAY 12 THROUGH MAY 18, 2024, AS
NATIONAL POLICE WEEK AND MAY 15, 2024, AS
PEACE OFFICERS’ MEMORIAL DAY
WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the West Sacramento Police Department; and
WHEREAS, since the first recorded death in 1786, there are nearly 24,000 law enforcement officers in the United States who have made the ultimate sacrifice and been killed in the line of duty while serving their communities; and
WHEREAS, National Police Week has evolved over the years honoring officers killed in the line of duty, and also providing support and supportive services to survivors, families and friends; and
WHEREAS, in 1962 President John F. Kennedy signed a proclamation designating May 15th as Peace Officers’ Memorial Day; and
WHEREAS, 282 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 118 officers killed in the line of duty in 2023 and 164 killed in previous years; and
WHEREAS, Yolo County has endured the loss of 12 of its community protectors since 1912, including West Sacramento Police Department’s own, Officer James H. McKnight in 1990; and
WHEREAS, Officer James H. McKnight faithfully served the West Sacramento Community since the city’s incorporation in 1987, and he and the entire McKnight family will forever have our gratitude.
NOW, THEREFORE BE IT PROCLAIMED that the City Council of the City of West Sacramento does hereby recognize the Week of May 12 through May 18, 2024 as National Police Week and May 15, 2024 as Peace Officers’ Memorial Day and publicly salutes the service of law enforcement.
PROCLAIMED THIS 15th day of May, 2024.
ATTEST:
Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 6
SUBJECT:
CONSIDERATION OF RESOLUTION 24-49 ACCEPTING THE RIVERS PHASE II
WATER STORAGE TANK LOCATED ON LIGHTHOUSE DRIVE WITHIN THE RIVERS
PHASE II SUBDIVISION
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [x] Action
OBJECTIVE
To accept the Rivers Phase II Water Storage Tank located on Lighthouse Drive within the Rivers Phase II subdivision.
RECOMMENDED ACTION
Staff respectfully recommends that the Council adopt Resolution 24-49, accepting the Rivers Phase II Water Storage Tank.
BACKGROUND
On June 14, 2006, the City Council approved the West Riverview LLC Development Agreement for the Rivers Phase II project, which includes a vesting tentative subdivision map covering approximately 63 acres. The vesting tentative map, which was approved by the City Planning Commission on May 18, 2006, included a condition of approval which required the construction of a 1.9 MG water storage tank and pump station.
On September 20, 2017, Council adopted Resolution 17-65, which approved Final Map 5099, “The Rivers – Phase II” and an associated Subdivision Improvement Agreement (SIA). Said SIA obligated the developer to construct the 1.9 MG water storage tank and pump station to serve the project.
On December 9, 2020, the City entered into the “Development Reimbursement Agreement for the Rivers Phase II 1.9 MG Water Storage Facility and Pump Station” (Reimbursement Agreement). Said Agreement provides for the reimbursement of costs associated with the construction of the water storage tank and pump station upon acceptance of the improvements by the City, in conformance with the City’s Water Master Plan.
ANALYSIS
The water tank and pump station have been completed to the satisfaction of the City Engineer. Acceptance of the improvements will allow for release of posted securities per the terms outlined in the SIA. A warranty security has been posted per the SIA and will remain in effect for one year following the date of acceptance.
Environmental Considerations
The Planning Commission found the tentative map to be compliant with CEQA at the time of its approval. No additional findings are required with acceptance of the public improvements.
Commission Recommendation
The Planning Commission conditionally approved Vesting Tentative Map 4732 on May 18, 2006.
Strategic Plan Integration
Acceptance of these improvements is consistent with the City’s “Principles to Guide the Future” by providing for “Vibrant Neighborhoods”.
Alternatives
Council may choose not to accept the public improvements at this time. The improvements have been completed to the satisfaction of the City Engineer. Deferring acceptance could delay the occupancy of new single-family homes which have been constructed within the subdivision.
Coordination and Review
The completion of the required improvements has been approved by the City Engineer and the Public Works Department
20 Rivers II Water Storage Tank Acceptance
May 15, 2024
Budget/Cost Impact
As the City will own the tank after acceptance of the improvements, ongoing O&M costs will be borne by the City’s Water fund. Additionally, City Council approved a Development Reimbursement Agreement for a portion of the tank’s construction costs, as the infrastructure was constructed by the developer on behalf of the City to serve more than the one development. Reimbursement is not made until the improvements are complete and accepted by Council, so this action triggers the eligibility for reimbursement from the City’s Water Impact Fee revenues, already approved by Council in a previous action prior to the tank’s construction.
ATTACHMENTS
1. Resolution 24-49
2. Vicinity Map
21 RESOLUTION 24-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
ACCEPTING THE RIVERS PHASE II WATER STORAGE TANK
WHEREAS, on June 14, 2006, the City Council approved the West Riverview LLC Development Agreement for the Rivers Phase II project, which includes a vesting tentative subdivision map covering approximately 63 acres; and
WHEREAS, the vesting tentative map, which was approved by the City Planning Commission on May 18, 2006, included a condition of approval which required the construction of a 1.9 MG water storage tank and pump station; and
WHEREAS, the City Community Development Department has determined that the water tank has been satisfactorily complete; and
WHEREAS, the developer has requested that the completed improvements be accepted by the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby accepts the water tank improvements for the Rivers Phase II project.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 15th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
________________________________
Martha Guerrero, Mayor
ATTEST:
________________________________
Jennifer Cusmir, City Clerk
22 23
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 7
SUBJECT:
CONSIDERATION OF RESOLUTION 24-50 APPROVING PARCEL MAP 5243 INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to seek City Council approval of Resolution 24-50, which would approve Parcel Map 5243.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve Parcel Map 5243, splitting one five-acre parcel located at 2529 West Capitol Avenue into two parcels of 2 acres and 3 acres.
BACKGROUND
Tentative Parcel Map 5243 was conditionally approved by the Planning Commission on October 5, 2023. This Parcel Map splits one five-acre parcel into two parcels of 2 acres and 3 acres. The property is located at 2529 West Capitol Avenue.
ANALYSIS
All applicable Conditions of Approval of the Tentative Map have been satisfied. The Conditions of Approval did not include the requirement for construction of any public improvements or dedication of any public easements.
Environmental Considerations
The Planning Commission found the tentative map to be compliant with the California Environmental Quality Act (CEQA) at the time of its approval. No additional findings are required with acceptance of the public improvements.
Commission Recommendation
The Planning Commission conditionally approved Tentative Parcel Map 5243 on October 5, 2023.
Strategic Plan Integration
Approval of Parcel Map 5218 promotes the City’s Strategic Plan goals of creating a “Strong, Diverse, Local Economy.”
Alternatives
In accordance with Section 66458 of the Government Code, if the map conforms to all requirements of the Subdivision Map Act and local subdivision ordinance applicable at the time of tentative map approval or conditional approval and any rulings made thereunder, the map shall be approved at the meeting at which the map is received or at the next meeting.
Coordination and Review
The Parcel Map was reviewed by the Community Development Department.
Budget/Cost Impact
The map proponent pays for costs associated with the review and approval of this map per the approved fee schedule.
ATTACHMENTS
1. Parcel Map 5243
2. Vicinity Map
3. Resolution 24-50
24 25
26 FLOSSIE AVE
HARBOR BLVD US 50 WB ON
WEST CAPITOL AVE
CAPITOL AVE
WEST CAPITOL AVE
US 50 WB
HARBOR BLVD SB US 50 WB ON
US 50 EB HARBOR BLVD SB OFF
US 50 EB
EVERGREEN AVE
GLIDE AVE
HARBOR BLVD
HOUSTON ST
West Sacramento Parcel Map
City of West Sacramento, Yolo County, Maxar
4/29/2024, 10:38:48 AM
0 0.03 0.06 0.12 mi
0 0.05 0.1 0.19 km
1:4,514
West Sacramento Staff
This map was generated using the City of West Sacramento Parcel viewer. Information is accurate as of the time it was printed and should be used for reference purposes only. 27 RESOLUTION 24-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING PARCEL MAP 5243
WHEREAS, said Parcel Map for Subdivision 5243 has been prepared and presented to the City Council of the City of West Sacramento for approval; and WHEREAS, the subject parcel map is consistent with the approved tentative map and modifications, thereto; and
WHEREAS, all conditions of approval of the Tentative Map have been satisfied and said Parcel Map conforms to the requirements of the Subdivision Map Act and local ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby approves Parcel Map 5243.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 15th day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
________________________________
Martha Guerrero, Mayor
ATTEST:
________________________________
Jennifer Cusmir, City Clerk
28 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 8
SUBJECT:
CONSIDERATION OF BICYCLE, PEDESTRIAN, AND TRAILS
MASTER PLAN 2024 INTERIM UPDATE
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Steven Rosen, Associate Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
This report's objective is to request City Council approval of recommended minor amendments to the 2018 Bicycle, Pedestrian, and Trails Master Plan (BPTMP).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council receive staff’s update, review the proposed plan amendments, and adopt Resolution 24-32 approving the 2024 interim update to the 2018 Bicycle, Pedestrian, and Trails Master plan, replacing superseded pages in the current BPTMP with updated pages, included as Exhibits A, B, and C to the attached Resolution.
BACKGROUND
The City of West Sacramento’s BPTMP is a comprehensive plan for the development of the City’s active transportation network. Active transportation includes all modes that are human-powered or that supplement human power, such as walking, bicycling, e-biking, wheelchair use, and app-based scooters. The current BPTMP was adopted in 2018 and is based upon analysis completed between 2016 and 2017. Since adoption, the City has built several of the active transportation facilities identified in the plan and has identified new facilities to be added that were not envisioned in 2018. Additionally, the Community Development Planning Division recently brought an update to the General Plan Mobility Element to the City Council. Modifications to the plan approved by the City Council have necessitated minor revisions to the BPTMP for the plans to remain consistent.
On March 9, 2023, the Community Development Department’s Transportation and Mobility Division staff applied for California Department of Transportation (Caltrans) Sustainable Communities program grant funding to prepare a comprehensive update to the BPTMP. That funding was not awarded to the City, and staff have subsequently re-applied to the program in January 2024, anticipated for award in Summer 2024. As city staff continue to advance active transportation projects and seek funding for new and developing projects, it is necessary for interim updates to be prepared for the plan to remain current; enabling the City to remain competitive for state, federal and regional funding opportunities.
ANALYSIS
This interim 2024 update includes the following amendments to the 2018 BPTMP:
The City of West Sacramento acquired the former Yolo Shortline Railroad in 2005 and, although the planned extent of the Clarksburg Branch Line Trail has long been anticipated to connect with the unincorporated community of Clarksburg, it was not expressly identified in the City’s BPTMP. This trail is already identified in the Sacramento Regional Trail network, and Yolo County /YoloTD trail network, and is part of the California Delta Protection Commission’s Great California Delta Trail Master Plan. The right of way containing Lake Washington Boulevard Class II bike lanes between Stonegate Drive and Jefferson Blvd. is proposed to be improved as a Class IV separated bikeway to enhance user safety. The Enterprise Blvd. Corridor and Bridge Crossing are currently being studied. Similar to the Sacramento River bridge crossings planned by the City of West Sacramento, the future Enterprise crossing will be planned to contain a Class I trail. The map is updated to show this and to show the existing planned alignment of the Enterprise corridor, that will similarly be improved with Class I and Class II bicycle facilities and sidewalks.
29 Interim Update to the 2018 Bicycle, Pedestrian, and Trails Master Plan May 15, 2024
City staff are currently working with Caltrans to identify appropriate bicycle and pedestrian routes under Interstate 80 at the western boundary of the city in conjunction with improvements proposed to the State Highway System. The plan has been updated to identify a Class I trail connecting Enterprise/West Capitol Avenue at the underpass and Yolo Causeway to improve regional and local connectivity. The bicycle circulation map has been updated to reflect the current plans for providing safe and comfortable active transportation connections from the 15th St area to the Bridge District. Projects include the completed Riverfront Street Extension and 5th Street Cycletrack, planned improvements to Soule Street and Drever Street, and a planned Class I trail connecting Grand Street to Jefferson along Tower Bridge Gateway, and Class I trail alongside the State Highway to Westacre Road as part of a Reconnecting Communities federal grant awarded to the Sacramento Area Council of Governments. The Sacramento Avenue Complete Street Plan currently under development has identified plans to improve bikeway paths and connections between and the future C Street/Railyards Bridge west to Harbor Blvd. These proposed plans will be reflected in this 2024 update. As part of the Port Area Infrastructure Project currently underway, staff identified the need for a separated Class I trail built parallel to Industrial Blvd on City-owned land between Industrial Blvd. and the entrance to the Port of West Sacramento at Harbor Blvd. In addition, we have included a Class I trail on the south side adjacent to the Port connecting Enterprise Blvd. to Jefferson by way of Daniel C. Palamidessi Bridge over the Deep Water Ship Channel to create a safer low-stress path along this heavily travelled corridor. Other minor updates to the map and list of priority projects were made to reflect changes to the scope of unbuilt projects, recently completed bike network projects, and to update the status of ongoing projects including the Sycamore Trail and I Street Bridge Deck Conversion.
Environmental Considerations
This action is not a project that is subject to CEQA because it is statutorily exempt. (Pub. Resources Code, § 21080.20, Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans.) Commission Recommendation
The Transportation, Mobility, and Infrastructure Commission reviewed the proposed changes and commended staff for its work. It proposed projects and programs that would be appropriate for a future comprehensive update of the BPTMP, including designating a network of unpaved bicycle trails and negotiating with the Army Corps of Engineers to make a continuous trail atop the Bryte levee.
Strategic Plan Integration
The recommended action and subsequent adoption of the 2024 interim update to the BPTMP will further the strategic principles of Mobility & Connectivity, Parks & Open Space, and Climate & Energy Resiliency. In addition, the BPTMP advances projects specifically identified in the City’s Strategic Plan policy and management agenda.
Alternatives
As an alternative to the recommended action, the City Council could decline to adopt the Interim BPTMP Update.
This is not recommended as the maps in the BPTMP would continue to be out of date and hinder the ability of staff to secure funding for projects to expand the active transportation network.
Coordination and Review
The 2024 BPTMP Update was prepared in coordination with the Parks & Recreation Department, Capital Projects Department, and Economic Development & Housing Department. These departments share responsibility for planning the active transportation network and implementing the BPTMP.
Budget/Cost Impact
Updates to the BPTMP facilitate staff pursuit of grant funding with the goal of building out the planned bicycle, pedestrian, and trail network. There is no cost associated with the recommended action.
ATTACHMENTS
1. Resolution 24-32
30 Attachment 1
RESOLUTION 24-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING AN INTERIM 2024 UPDATE TO THE 2018 BICYCLE, PEDESTRIAN, AND
TRAILS MASTER PLAN
WHEREAS, the City of West Sacramento’s Bicycle, Pedestrian, and Trails Master Plan (BPTMP) is a comprehensive plan for the development and maintenance of the City’s active transportation network; and
WHEREAS, the current BPTMP was adopted in 2018 and is based on analysis completed in 2016 and 2017; and
WHEREAS, the City has completed construction of active transportation facilities, modified the scope of planned projects, and identified new bicycle, sidewalk, and trail projects since adoption of the 2018 BPTMP; and
WHEREAS, on January 17, 2024, the City Council approved amendments to the General Plan Mobility Element that incorporated updated circulation geometries, roadway classifications, policies, and implementation program changes to better reflect the City’s goals that require minor amendments to the BPTMP reflected in this 2024 update; and WHEREAS, as City staff pursue funding for new and developing projects to advance active transportation and carbon reduction goals, interim updates are necessary in order for the City to remain competitive for grant funding opportunities.
NOW, THEREFORE, BE IT RESOLVED that the City Council take the following actions:
1) Find that the project is exempt from the California Environmental Quality Act pursuant to Public Resources Code § 21080.20. Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans; and
2) Adopt Resolution 24-32 approving an interim 2024 update of the 2018 Bicycle, Pedestrian, and Trails Master plan replacing superseded pages in the current BPTMP with updated pages, included as Exhibits A, B, and C of this Resolution.
PASSED AND ADOPTED this 15th day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
31 Figure 10 - Existing and Proposed Bicycle Network - 2024 West Sacramento Bicycle, Pedestrian, and Trails Master Plan Existing Bikeways & Trails
Proposed Bikeways & Trails
Class 1 (Trail)
Class 1 (Trail)
Class 2 (Bike Lane)
Class 3 (On-Street Bike Route)
Class 4 (Separated Bike Lane)
Unpaved Trail
Class 4 (Separated Bike Lane)
Class 3 (On-Street Bike Route)
Class 2 (Bike Lane)
0 Miles 1
41 To Clarksburg
(See Inset)
To West
Sacramento
Clarksburg
Clarksburg
Branch
Line Trail
Sycamore Trail
Main Drain
Parkway
Southport Levee Trail
Clarksburg
Branch
Line Trail
West Capitol Ave.
River Walk Trail
C Street/Railyards Bridge
Clarksburg
Branch
Line Trail
Barge Canal Trail
Tule Canal Trail Sacramento Ave. Bikeway
Lake Washington
Parkway
Lake Washington
Parkway
EXHIBIT A
32 2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan 45 Figure 11 - Project Spotlight - Sycamore Trail Project
Project Benefits
• More than doubles length of City’s
existing Class I Bike Paths
• Provides a low stress bike and pedestrian
trail through the heart of the City
• Creates access across US 50 and the
Deep Water Ship Channel via two
separate overcrossings
• Provides safe passage across the railroad
tracks in the north via a tunnel to
connect with Yolo Street
Sacramen
50 Westmore
Oaks Park Westmore
Oaks
Elem.
RIVERFRONT S
JEFFERSON BLVD
STONE BLVD
EVERGREEN AVE
REED AVE
5TH ST
15TH ST
BRYTE AVE BRYTE AVE
LINDEN RD
LAKE WASHINGTON BLVD
SOUTH RIVER RD
SACRAMENTO AVE
KEGLE DR
GATEWAY DR
PARK BLVD
WEST CAPIT WEST CAPITOL AVE
VILLAGE PKWY
SOUTHPORT PKWY
RIVER RD
SOUTH RIVER RD (RE-ALIGNMENT)
Phase IV
Phase I
Phase II
Phase III
Phase V
Westfield
Village
Elem.
The Sycamore Trail Extension is a five-phase project that is most significant because it connects the Westfield Village neighborhood with the City’s larger trail network. The Westfield Village neighborhood is more established and is somewhat remote; disconnected by the UPRR to the north and US 50 to the south. Residents have not been able to travel by bicycle beyond their smaller neighborhood borders so this project provides Class I Bike Path access north to Sacramento Avenue (which has Class II Bike Lanes and connects to the Bryte neighborhood). This project also provides Class I Bike Path access south all the way to Southport.
SIGNATURE PROJECTS — Sycamore Trail Project
Designed and
built in five phases
Phase II Rendering of
US 50 Overcrossing
Phase I is
complete
Phase II is
under
construction;
scheduled
tentatively for
completion
in 2024
Phase V
connects
the Bryte
neighborhood
to Southport
Deep Water
Ship Channel
RIVERFRONT ST
JEFFERSON BLVD
3RD ST
STONE BLVD ONE BLVD
DAVIS RD
ALLAN AVE
SOUTH RIVER RD
EVERGREEN AVE
LINDEN RD
MARSHALL RD MARSHALL RD
KEGLE DR
REED AVE
5TH ST
15TH ST
BRYTE AVE
HIGHLAND DR
GOLDEN GATEDR
OAKLAND BAY DR
LIGHTHOUSE DR
LAKE WASHINGTON BLVD
BEVAN RD
SACRAMENTO AVE
GREGORY AVE
GATEWAY DR
PARK BLVD PARK BLVD
ENTERPR SI E BLVD
HARBOR BLVD
LISBON AVE
CARRIE ST
BURROWS AVE
SOUTHPORT PKWY
STILLWATER RD
OTIS AVE
WEST CAPITOL AVE WEST CAPITOL AVE
RAMCO ST
HARMON RD
FISHER AVE HER AVE
PARKWAY BLVD PARKWAY BLVD VILLAGE PKWY
BURROWS ST
RVI E RSI DE PKW Y
SEAPORT BLVD
PARTRIDGE AVE
RIVER RD
80 50
Sacrame nto River
Sacramento River
80 84
Proposed Bicycle Trails
Class 1 (Bike Path)
Class 2 (Bike Lane)
Class 3 (Bike Route)
Class 4 (Separated Bikeway)
Existing Bicycle Trails
Class 1 (Bike Path)
Class 2 (Bike Lane)
Class 3 (B
C
Unpaved Trail
lass 4 (Separtated Bikeway)
ike Route)
0 Miles 1
SYCAMORE TRAIL
Existing Facility
EXHIBIT B
33 Figure 12 - Project Spotlight - Southport Setback Levee Trail Additions Project Benefits
• Provides an alternative transportation
route for bicycle commuters in the
Southport community
• Oers a much safer corridor for connecting
recreational users to natural areas adjacent
to South River Road
• At full build out, the Levee Trail will connect
with several other facilities to form smaller
interior loops of connectivity
• Connects to the larger Greater California
Delta Trail
The City recently completed a feasibility study that identified a way to construct the bike path on top of the maintenance road on the levee. This trail will connect to the Clarksburg Branch Line Trail and provide a continuous 10-mile loop with great recreational cycling opportunities along the Sacramento River. The planning is complete and the City of West Sacramento is currently seeking funding for construction.
SIGNATURE PROJECTS — Southport Setback Levee Trail Additions Sacramento River
JEFFERSON BLVD
DAVIS RD
ALLAN A ALLAN AVE
SOUTH RIVER RD
LINDEN RD
HIGHLAND DR
BURROWS AVE
LAKE WASHINGTON BLVD
GREGORY AVE
GOLDEN GATE DR
GATEWAY DR
SOUTHPORT PKWY SOUTHPORT PKWY
BEVAN RD
MARSHALL RD
RAMCO ST
VILLAGE PKWY
HARMON RD
PARTRIDGE AVE
RIVER RD
Stone
Lock
River
Park
Liberty
SOUTH RIVER RD
LAKE WASHINGTON BLVD
Connection to future trails
in the planned Liberty and
Riverpark Developments
Jeerson Boulevard Railroad
Bridge connection
Lake Washington
Boulevard and Linden
Road Connections
Levee trail
Deep Water
Ship Channel
RIVERFRONT ST
JEFFERSON BLVD
3RD ST
STONE BLVD ONE BLVD
DAVIS RD
ALLAN AVE
SOUTH RIVER RD
EVERGREEN AVE
LINDEN RD
MARSHALL RD MARSHALL RD
KEGLE DR
REED AVE
5TH ST
15TH ST
BRYTE AVE
HIGHLAND DR
GOLDEN GATEDR
OAKLAND BAY DR
LIGHTHOUSE DR
LAKE WASHINGTON BLVD
BEVAN RD
SACRAMENTO AVE
GREGORY AVE
GATEWAY DR
PARK BLVD PARK BLVD
ENTERPR SI E BLVD
HARBOR BLVD
LISBON AVE
CARRIE ST
BURROWS AVE
SOUTHPORT PKWY
STILLWATER RD
OTIS AVE
WEST CAPITOL AVE WEST CAPITOL AVE
RAMCO ST
HARMON RD
FISHER AVE HER AVE
PARKWAY BLVD PARKWAY BLVD VILLAGE PKWY
BURROWS ST
RVI E RSI DE PKW Y
SEAPORT BLVD
PARTRIDGE AVE
RIVER RD
80 50
Sacrame nto River
Sacramento River
80 84
SOUTHPORT SETBACK
LEVEE RECREATION TRAIL
46 2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan
EXHIBIT B
34 Figure 13 - Project Spotlight - Proposed I Street Bridge Deck Trail Additions Project Benefits
• Connects the River Walk Trail in West
Sacramento to the Sacramento River Bike Trail
• Provides a critical recreation and bicycle
transportation link to the Washington
neighborhood
The I Street Bridge Deck Conversion is an important project aimed at maintaining vital connectivity between the Washington neighborhood and Downtown Sacramento. It is envisioned that this historically significant transportation facility will feature some park-like elements to both attract visitors and celebrate the history of the I Street Bridge, the two cities, and the railroad that share the bridge.
The project is currently in the design phase and will convert the upper deck of the existing I Street Bridge from a vehicle crossing to a bicycle and pedestrian crossing.
SIGNATURE PROJECTS — Proposed I Street Bridge Deck Trail Additions Sacramento
River
3RD ST
SACRAMENTO AVE
5TH
ST
IGHTHOUSE DR GHTHOUSE DR
ST CAPITOL AVE
Adds Class I Bike Path access
across the Sacramento River
Sacramento River Bike Trail
River Walk Trail
Connection to River Walk Trail in West Sacramento
Deep Water
Ship Channel
RIVERFRONT ST
JEFFERSON BLVD
3RD ST
STONE BLVD ONE BLVD
DAVIS RD
ALLAN AVE
SOUTH RIVER RD
EVERGREEN AVE
LINDEN RD
MARSHALL RD MARSHALL RD
KEGLE DR
REED AVE
5TH ST
15TH ST
BRYTE AVE
HIGHLAND DR
GOLDEN GATEDR
OAKLAND BAY DR
LIGHTHOUSE DR
LAKE WASHINGTON BLVD
BEVAN RD
SACRAMENTO AVE
GREGORY AVE
GATEWAY DR
PARK BLVD PARK BLVD
ENTERPR SI E BLVD
HARBOR BLVD
LISBON AVE
CARRIE ST
BURROWS AVE
SOUTHPORT PKWY
STILLWATER RD
OTIS AVE
WEST CAPITOL AVE WEST CAPITOL AVE
RAMCO ST
HARMON RD
FISHER AVE HER AVE
PARKWAY BLVD PARKWAY BLVD VILLAGE PKWY
BURROWS ST
RVI E RSI DE PKW Y
SEAPORT BLVD
PARTRIDGE AVE
RIVER RD
80 50
Sacrame nto River
Sacramento River
80 84
I STREET BRIDGE DECK
TRAIL ADDITIONS
2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan 47
EXHIBIT B
35 Figure 14 - Project Spotlight - West Capitol Avenue Separate Bikeway SIGNATURE PROJECTS — West Capitol Avenue Separated Bikeway Deep Water
Ship Channel
JEFFERSON BLVD
STONE BLVD
EVERGREEN AVE
KEGLE DR
LINDEN RD
REED AVE
BRYTE AVE
LAKE
WASH NI GTON
BLVD
SEAPORT BLVD
SACRAMENTO AVE
CARRIE ST
GATEWAY DR
PARK BLVD
ENTERPRISE BLVD
HARBOR BLVD
LISBON AVE
STILLWATER RD
RAMCO ST
WEST CAPITOL AVE
PARKWAY BLVD
BURROWS ST
RIVERSIDE PKWY
SOUTHPORT PKWY
RIVER RD
Project Benefits
• O
ers significant public safety improvements within
an active central Downtown core
• Includes enhancements such as lighting, mid-block
pedestrian crossings, high visibility crosswalks and
rapid flashing beacons
Separated or Buered
Bike Lanes on both East
and Westbound sides
Planned as part of the
West Capitol Avenue Road
Rehabilitation Project
West Capitol Avenue is envisioned as the City of West Sacramento‘s Downtown — a central core with a vibrant main-street that includes a number of key community destinations including the Civic Center, Community Center, a Transit Hub, as well as residential, commercial and urban parks that are accessible via multiple modes of transportation. The West Capitol Avenue Separated Bikeway, an integral part of the Road Rehabilitation Project, will greatly improve public safety along the City’s most dangerous bike route. The planned bikeway o
ers a separated or bu
ered bike lane on both the east and west side of West Capitol Avenue.
The Design is currently in progress and the City of West Sacramento is currently seeking funding for construction which is targeted for 2019.
Deep Water
Ship Channel
RIVERFRONT ST
JEFFERSON BLVD
3RD ST
STONE BLVD ONE BLVD
DAVIS RD
ALLAN AVE
SOUTH RIVER RD
EVERGREEN AVE
LINDEN RD
MARSHALL RD MARSHALL RD
KEGLE DR
REED AVE
5TH ST
15TH ST
BRYTE AVE
HIGHLAND DR
GOLDEN GATEDR
OAKLAND BAY DR
LIGHTHOUSE DR
LAKE WASHINGTON BLVD
BEVAN RD
SACRAMENTO AVE
GREGORY AVE
GATEWAY DR
PARK BLVD PARK BLVD
ENTERPR SI E BLVD
HARBOR BLVD
LISBON AVE
CARRIE ST
BURROWS AVE
SOUTHPORT PKWY
STILLWATER RD
OTIS AVE
WEST CAPITOL AVE WEST CAPITOL AVE
RAMCO ST
HARMON RD
FISHER AVE HER AVE
PARKWAY BLVD PARKWAY BLVD VILLAGE PKWY
BURROWS ST
RVI E RSI DE PKW Y
SEAPORT BLVD
PARTRIDGE AVE
RIVER RD
80 50
Sacrame nto River
Sacramento River
80 84
WEST CAPITOL
SEPARATED BIKEWAY
48 2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan
EXHIBIT B
36 Prioritized Project List
On-Street Projects
Project Type Location Limits Distance
(ft) Cost Type $/Mile
"2017
(Project
Cost)"
Directly
Accesses
Key
Destinations
Gap
Closure
Level of
Traffic
Stress
Supports
Established
Neighborhood
Supports new
development
Project
Readiness
Utilitarian
vs.
Recreation
Ranking
Class II Bike Lanes on
15th St from Jefferson
Blvd to 5th St
Class II Bike
Lanes 15th St
Jefferson Blvd to 5th
St 860 Class II Restripe $20,400 $3,300 X X X X - X X High Westacre Class II Bike
Lanes
Class III Bike
Route
Westacre
Rd, 15th St
Manzanita Way to
Jefferson Blvd 14800 Class III $10,800 $30,300 X X X X 0 X X High Class II Bike Lane
on Village Pkwy
(East Side) from Elk
Valley St. to Lake
Washington Blvd
Class II Bike
Lanes
Village Pkwy
(E Side)
Elk Valley St to Lake
Washington Blvd 2500
Class II
Widen
(With Curb/
Gutter)
$1,667,000 $789,300 - X X X X X X High
Convert Class III Bike
Route to Class II Bike
Lanes on C St from
6th St to 3rd St
Class II Bike
Lanes C St 6th St to 3rd St 2400 Class II Restripe $20,400 $9,300 X X X X - X X High Class II Bike Lane on
Linden Rd (North
Side) from Clarksburg
Branch Line Trail to
Stonegate Dr
Class II Bike
Lanes
Linden Rd
(N Side)
Clarksburg Branch
Line Trail to
Stonegate Dr
500
Class II
Widen
(No Curb/
Gutter)
$795,800 $75,400 X X X X X X X High
Class I Bike Trail on
Industrial Blvd from
Enterprise Blvd to
Stone Blvd
Class I
Parallel
Trail
Industrial
(South Side)
Enterprise Blvd
to Stone Blvd 13500 Class I $1,5M $3,836,000 X X X X X X X High Class IV (protected
bike lanes) on West
Captiol Ave
Class IV
protected
bike lanes
West Capitol
Avenue
East end of Yolo Bypass
Causeway Class I Bike
Path to Jefferson Blvd. To
include restriping, median
reduction?, repaving, bike
lane physical barrier.
27500
Class IV
(Separated
Bike Lane)
n/a 6,000,000 2 1 4 0 0 3 2 High
Class II Bike Lanes
on Southport Pkwy
from Ramco to Lake
Washington Blvd
Class II Bike
Lanes
Southport
Pkwy
Ramco Ave to Lake
Washington Blvd 1400
Class II
Widen
(No Curb/
Gutter)
$795,800 $216,400 X X X X X X X High
Class III Bike Route
on Rockrose Rd
from Westacre Rd to
Michigan Blvd
Class III
Bike Route -
Shared use
Rockrose Rd Westacre Rd to
Michigan Blvd 2400 Class III $10,800 $4,900 - X - X - X X Medium Class III Bike Route
on Riverbank Road
from N. Harbor Blvd
to Todhunter Ave
Class III
Bike Route -
Shared use
Riverbank
Road
N. Harbor Blvd to
Todhunter Ave 7300 Class III $10,800 $14,900 - X - X - X X Medium 86 2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan
EXHIBIT C
37 On-Street Projects (cont.)
2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan 87 Project Type Location Limits Distance
(ft) Cost Type $/Mile
"2017
(Project
Cost)"
Directly
Accesses
Key
Destinations
Gap
Closure
Level of
Traffic
Stress
Supports
Established
Neighborhood
Supports new
development
Project
Readiness
Utilitarian
vs.
Recreation
Ranking
Class III Bike Route
on Kegle Dr from
Cummins Way to
Fremont Blvd
Class III Bike
Route Kegle Dr Cummins Way to Fremont Blvd 2,400 Class III $10,800 $4,900 - X - X - X X Complete Class II Bike Lanes on
Southport Pkwy from
Otis Ave to Jefferson
Blvd
Class II Bike
Lanes
Southport
Pkwy
Otis Ave to Jefferson
Blvd 1400
"WB - Class
II Restripe,
EB - Class
II Widen
(No Curb/
Gutter)"
"$20,400
$795,800" $216,400 - X X - - X - Medium
Class III Bike Route
on Catalina Island Rd
from Golden Date
Rd. to Unpaved Main
Drain Trail
Class III Bike
Route
Catalina
Island Rd
Golden Date Dr to
Unpaved Main Drain
Trail
2400 Class III $10,800 $4,900 - X - - X X X Medium
Class II Bike Lane
(north side only)
on Linden Rd
from Spruce St to
Sacramento River
Levee Rd
Class II Bike
Lane
Linden Rd
(Partial S
Side and
Partial N& S
Side)
Spruce St to
Sacramento River
Levee Rd
"3300 Total
(1600 South
Side widening
only)
(850 x 2
N & S Side
widening)"
Class II
Widen
(No Curb/
Gutter)
$795,800 $497,400 - X X X X X X Medium
Class II Bike Lanes
on Harbor Blvd from
W. Capitol Ave to
Industrial Blvd
Class II Bike
Lanes Harbor Blvd W. Capitol Ave toIndustrial Blvd
"9200
(2600 x 2
Harbor)
(2000 x 2
Beacon)"
Class II
Restripe $20,400 $35,500 X X X - - - X Medium
Class II Bike Lanes on
Jefferson Blvd from
Gregory Rd to West
Sacramento City
Limit (Southwest)
Class II Bike
Lanes
Jefferson
Blvd
Gregory Rd to West
Sacramento City
Limit (Southwest)
25000
Class II
Widen
(No Curb/
Gutter)
$795,800 $3,768,000 - X X - - - - Low
Class III Bike Route
on N. Harbor Blvd
from Sacramento
Ave/Reed Ave to
West Sacramento
City Limit
(Northwest)
Class III Bike
Route
N. Harbor
Blvd
Sacramento Ave/
Reed Ave to West
Sacramento City
Limit (Northwest)
8450
Class II
Widen
(No Curb/
Gutter)
$795,800 $1,273,600 - - - - - X X Low
Class II Bike Lanes
on Jefferson Blvd
from Harmon Rd to
Gregory Ave
Class II Bike
Lanes
Jefferson
Blvd
Harmon Rd to
Gregory Rd 5000 Class II Restripe $20,400 $19,300 - X X - - - - Low Class I Path on
Enterprise Blvd
Extension from
Channel Dr to
Southport Pkwy
Class I Bike
Lanes
Enterprise
Blvd
Extension
Channel Dr to
Southport Pkwy 7000
Class II
Widen
(No Curb/
Gutter)
$1.5M $1,989,000 X X X - - - X Low
EXHIBIT C
38 2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan Off-Street Projects
Project Type Location Limits Distance
(ft) Cost Type $/Mile 2018(Project Cost)
Directly
Accesses Key
Destinations
Gap
Closure
Level of
Traffic
Stress
Supports
Established
Neighborhood
Supports new
development
Project
Readiness
Utilitarian vs.
Recreation Ranking
Lower NW
Interceptor
Easement Class
I Bike Path
(Sycamore Ph 3)
Class I Bike
Path
Existing Sewer
Easement
Park Blvd to
Westmore
Oaks
Elementary
4,100.00 Class I Paved $837,073 $650,000 X X X X - X X High Convert Unpaved
Clarksburg Branch
Line Trail to Class I
Bike Path
Class I Bike
Path
Clarksburg
Branch Line Trail
"River City
High School
to
S. River Rd"
11,600.00 Class I Paved $682,759 $1,500,000 X X X - X X X High Class IV Bike Path
on Lake
Washington Blvd
from Clarksburg
Branch Line Trail to
new Setback Levee
Class IV Bike
Path
Lake
Washington Blvd
(South Side)
Clarksburg
Branch Line
Trail to new
Setback
Levee
6,864.00 Class I Paved $1,384,615 $1,800,000 X X X - X X X High Southport
Sacramento River
Setback Levee
Class I Bike Path
Class I Bike
Path
Southport
Sacremento
River Setback
Levee
Uses Southport
Setback Levee
extended from
Locks Drive
to Clarksburg
Branchline
Trail. Includes 4
parking areas.
26,700 Class I Paved $822,058 $4,157,000 X - X - X X X High I Street Bridge
Conversion
Class 1 Bike
Path
Existing I Street
Bridge
Riverwalk
Park to
Jibboom St
1,000 Bridge
Conversion n/a 13,000,000 X X X X X X X High
Jefferson Blvd
Railroad Bridge
Class I Bike Path
Class I Bike
Path
Jefferson Blvd
Railroad Bridge
Across Deep
Water Ship
Channel
700 Class I Paved $570,240 $75,600 - X X X X X X High
Riverwalk Trail
North
Class I Bike
Path
I Street Bridge
Connection to
River Walk Trail
Rriverwalk
Park to the
Boat Launch
400.00 Class I Paved $11,357,280 $860,400 X X X X - X X Complete Stone Lock Levee
Trail Class I Bike
Path
Deep Water
Channel
Lake
Wahington
Blvd to Locks
Drive
4608.00 Class 1 Paved $1,500,000 $1300000 X X X - X X X High Sycamore Trail
Phase IV -
Mikon Junction
Underpass.
Class I Bike
Path
Existing Sewer
Easement
Rice Ave o
Yolo St
700.00 Undercrossing n/a $8,000,000 X X X X - - X Medium
EXHIBIT C
39 Off-Street Projects (cont.)
2018 West Sacramento Bicycle, Pedestrian, and Trails Master Plan 89 Project Type Location Limits Distance
(ft) Cost Type $/Mile 2018(Project Cost)
Directly
Accesses Key
Destinations
Gap
Closure
Level of
Traffic
Stress
Supports
Established
Neighborhood
Supports new
development
Project
Readiness
Utilitarian vs.
Recreation Ranking
Sycamore Phase V
Class I Bike Path on
Arlington Road and
Deep Water
Channel Crossing
Class I Bike
Path
Arlington Rd - To
include a Ped
Bridge Crossing
of the Deepwater
ship channel and
Class 1 bike path
Park Blvd.
to Lake
Washington
Blvd
3,650.00 Class I Paved $6,509,589 $4,500,000 X X X X X - X Medium Riverwalk Trail
South
Class I Bike
Path
Sacramento
River Levee
Mill Street
to McGowen
Bridge
5,491.00 Class I Paved $1,500,000 $2,000,000 X X X - X - X Medium Sacramento River
Northeast Class I
Bike Path
Class I Bike
Path
Co Rd 136/Levee
Rd
1st St to River
Crest Dr 5,500.00 Class I Paved $300,000 $312,500 - X X X - - - Medium Class I Bike Path
under Tower Bridge
Gateway
Class I Bike
Path
Under Tower
Bridge Gateway
River Walk
Trail to River
Walk Trail
300.00 Class I Paved $11,357,280 $645,300 X X X - - - X Medium Main Drain Trail
Class I Bike Path
Class I Bike
Path
Main Drain Canal
Lake
Washington
Blvd to Deep
Water Ship
Channel
(south end of
town) - 2 miles
unimproved
area to convert
to class 1 bike
path plus
2.7 miles of
existing ab trail
converted to
class 1 bike path
24,800.00 Class I Paved $415,161 $1,950,000 - X X X X - X Medium Davis Rd Bike Trail
Class 1 Bike
Path
Davis Rd
Clarksburg
Branch Line
Trail to new
Setback
Levee
3,500.00 Class 1 Paved $1,500,000 $994,318 X X X X X - - Medium Northwest Bike
Path
Class I Bike
Path
Tule Jake Rd/Rd
127
N. Harbor
Blvd to I-80 17,500.00 Class I Paved $569,999 $1,889,200 - X X - - - X Low Class I Bike Path
around Lake
Washington Class I Bike
Path
Lake
Washington
Deep
Water Ship
Channel to
Main Drain
Canal
7,900.00 Class I Paved $569,973 $852,800 - - - - X - - Low Class I Bike
Path adjacent
to Proposed
Village Pkwy
from Clarksburg
Branch Line Trail
to Jefferson Blvd
Class I Bike
Path
Proposed
Village Pkwy
Clarksburg
Branch
Line Trail to
Jefferson
Blvd
5,300.00 Class I Paved $570,041 $572,200 - - - - X - X Low
EXHIBIT C
40 CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 9
SUBJECT:
CONSIDERATION OF RESOLUTION 24-34 ESTABLISHING A BUDGET APPROPRIATION OF UP TO $2,697,200 FROM YOLO COUNTY BEHAVIORAL HEALTH
BRIDGE HOUSING PROGRAM FUNDS FOR EXPANSION AND OPERATION OF
HOMELESS EMERGENCY HOUSING SERVICES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Raul Huerta, Housing Manager
Economic Development and Housing
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide sufficient information for the Council to adopt Resolution 24-34 establishing a budget appropriation of up to $2,697,200 from Yolo County Behavioral Health Bridge Housing Program funds for expansion and operation of homeless emergency housing services at 1809 West Capitol Avenue and 1821 West Capitol Avenue.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1. Adopt Resolution 24-34 establishing a budget appropriation of up to $2,697,200 funded by Yolo County Behavioral Health Bridge Housing Program funds for the expansion and operation of homeless emergency housing services at 1809 West Capitol Avenue and 1821 West Capitol Avenue; and
2. Authorize the City Manager or his designee to execute the Subrecipient Agreement (Attachment 2) with Yolo County providing requirements for the expenditure of these funds, as approved by the City Attorney, for the Yolo County Behavioral Health Bridge Housing Program award.
BACKGROUND
In late 2023, Yolo County reached out to City staff to share that the County was in position to receive funding through the State’s Behavioral Health Bridge Housing (BHBH) Program which supports people experiencing unsheltered homelessness who also have behavioral health conditions, that prevent them from accessing help and moving out of homelessness. The California Department of Health Care Services will provide a total of $1.5 billion in funding to county behavioral health agencies and Tribal entities to operate bridge housing settings. The County has earmarked $2.69 million for West Sacramento, which may be used for securing expanded interim emergency housing, related housing improvements and operational costs, and costs for supporting participants’ housing stability, retention, and wellness as summarized below:
BHBH Program Category Amount
Interim Housing $1,620,000
Housing Navigation $350,000
Start-Up Infrastructure $380,000
Operational/Other Direct Costs $347,200
Total $2,697,200
The County anticipates that additional funding will be available in outyears. Jurisdictions that have secured property and are prepared to expand services will likely be the most competitive for future funding.
ANALYSIS
The City currently operates two homeless emergency housing programs at 817 West Capitol Avenue (Homekey Program) and 920 West Capitol Avenue. Staff anticipates that homeless emergency housing operations at both sites will terminate at the end of 2025 and early 2026, respectively, and the two sites will be prepared for redevelopment as part of the Grand Gateway Master Plan implementation. In an effort to plan for a transition of program participants, staff is in the process of purchasing additional motel properties located at 1809 and 1821 West Capitol Avenue.
The offering of the BHBH Program funding is timely as the $2.69 million offered will support the acquisition and rehabilitation of these new motel sites, as well as ongoing operations. Acquisition of additional motel properties 41 Consideration of Resolution 24-34
May 15, 2024
would allow the City to initially expand its homeless emergency housing options and ultimately transition the remaining existing homeless emergency housing programs to the new sites.
Funding offered by the County as part of the State’s BHBH Program would be paid over three years, and funding will not fully cover the cost of acquiring property/program operations at a new facility. Based on costs currently incurred at the Rodeway and Flamingo facilities, it is estimated that additional annual costs to the City to operate an expanded program are $150,000 to $200,000 per year. Funding to support these additional costs will be considered as part of the City’s next biennial budget. Some of these additional costs may be offset by future grant funds to support program operations.
Environmental Considerations
This action is not a project subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
No commission recommendation was solicited due to County application deadlines.
Strategic Plan Integration
The application aligns with the Council’s Strategic Plan Goals of facilitating housing production and housing options for everyone including the most vulnerable members of society.
Alternatives
The following alternatives to the recommended action are submitted for the Council’s consideration:
1. Elect to not approve an Agreement with the County to receive BHBH Grant Program funds; and/or
2. Modify the proposed scope of the BHBH Program application.
Alternatives 1 and 2 are not recommended because with either of these alternatives, the City would be at risk of not receiving BHBH Program funding, which is needed to support ongoing existing emergency housing facilities and operations. City staff has been coordinating with Yolo County over the past several months to define the potential BHBH Program application scope and cost estimate which has already been approved by the State.
Modifying the scope and/or cost estimate now may compromise the City’s receipt of funding through the County.
Coordination and Review
This report was prepared by the Economic Development and Housing Department and in coordination with Finance Department, City Manager’s Office and the City Attorney.
Budget/Cost Impact
Approval of the Agreement with Yolo County for the BHBH Grant Program will provide $2.69 million in funding towards the acquisition of new properties, limited site improvements and operation costs for a three-year period.
ATTACHMENTS
1. Resolution 24-34
2. Subrecipient Agreement with Yolo County
42 Attachment 1
RESOLUTION 24-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING A BUDGET APPROPRIATION OF UP TO $2,697,200 FROM YOLO
COUNTY BEHAVIORAL HEALTH BRIDGE HOUSING PROGRAM FUNDS FOR EXPANSION
AND OPERATION OF HOMELESS EMERGENCY HOUSING SERVICES
WHEREAS, there is an ongoing need to house West Sacramento homeless residents that are being temporarily housed in West Sacramento motels under the Yolo Countyadministered Project RoomKey; and WHEREAS, in December 2020, the City acquired the former Rodeway Inn site to operate a Homekey Program to provide homeless emergency housing and in May 2023, the City acquired the Flamingo Motel to expanse its homeless emergency offerings. Homeless emergency housing operations at both sites will terminate at the end of 2025 and early 2026, respectively; and
WHEREAS, due of the ongoing need for interim homeless housing, in late 2023 the City of West Sacramento applied for and was awarded up to $2,697,200 in Yolo County Behavioral Health Bridge Housing (BHBH) Program funds to support the expansion and operation of the City’s homeless emergency housing services; and WHEREAS, in an effort to plan for a transition of program participants, staff is pursuing the acquisition of additional motel properties nearby; and WHEREAS, the Yolo County BHBH award will be used to support the partial acquisition, rehabilitation and operations of new motel sites; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the Operations and Maintenance and Capital Improvement Program budgets for fiscal year 2023/2024 as listed below.
SOURCES
$2,697,200 260-9858-4640 Yolo County BHBH Grant
$2,697,200 TOTAL SOURCES
USES
$2,697,200 260-9858-5259 Homeless Emergency Housing Program $2,697,200 TOTAL USES
2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the West Sacramento City Council this 15th day of May 2024, by the following vote:
43 AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jennifer Cusmir, City Clerk
Martha Guerrero, Mayor
44 BOS No.
Infor Contract No.
Cobblestone ID 1916
Agreement between County of Yolo and City of West Sacramento FY2023-27
AGREEMENT
(BOS AGREEMENT NO. ____-____)
THIS AGREEMENT (“Agreement”) is made and entered into as of the last date signed below (“Effective Date”), by and between the County of Yolo, a political subdivision of the State of California (“County”) and City of West Sacramento, a municipal corporation authorized to do business in the State of California, (“Contractor”), jointly referred to as the “Parties” herein and who agree as stated below.
WHEREAS, the County desires to provide a temporary emergency/interim housing program for homeless individuals who have behavioral health needs and/or substance use disorders through the Behavioral Health Bridge Housing (“BHBH”) Program; and
WHEREAS, on or about June 23, 2023, the California Department of Health Care Services (“DHCS”) awarded funding to County to operate bridge housing settings to address the immediate and sustainable housing needs of people experiencing homelessness who have serious behavioral health conditions, including serious mental illness (“SMI”) and/or substance use disorder (“SUD”); and WHEREAS, this Agreement will be funded through DHCS’s BHBH Program and neither DHCS nor any of its departments, agencies, or employees is or will be a party to this Agreement or any lower tier subcontract/consulting arrangement; the funds will be administered by Advocates for Human Potential, Inc.; and
WHEREAS, on or about October 3, 2023, County entered into an agreement with Advocates for Human Potential, Inc. to serve as the administrative entity supporting County’s implementation of the BHBH Program (Subcontract ID No. 20456-CA BHBH-bhbh_633_bhbh_yolo_county, hereinafter referred to as “State Contract”), which is attached hereto as Attachment I; and WHEREAS, the State Contract requires that all subcontracts be governed by and construed in accordance with all applicable laws, regulations, and contractual obligations set forth in the State Contract and that all County subcontractors (including but not limited to Contractor) comply with such terms and conditions; and
WHEREAS, Contractor represents and warrants that neither Contractor, nor any of its officers, agents, employees, contractors, subcontractors, volunteers, or five percent owners, is excluded or debarred from participating in or being paid for participation in any Federal or State program; and WHEREAS, Contractor further represents and warrants that no conditions or events now exist which give rise to Contractor or any of its officers, agents, employees, contractors, subcontractors, volunteers or five percent owners being excluded or debarred from any Federal or State program; and WHEREAS, Contractor further represents and warrants to County that it has the necessary training, experience, expertise and competency to provide the services, goods and materials that are described in this Agreement, at a cost to County as herein specified; that it will be able to perform the herein described services at minimum cost to County by virtue of its current and specialized knowledge of relevant data, issues, and conditions; and that it will do so in a manner consistent with and furthering of the Values of Yolo County, a copy of which can be found at: https://www.yolocounty.org/about-us/mission-values-strategic-plan.
WHEREAS, Contractor understands that the County is relying upon these representations in entering into this Agreement;
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Attachment 2
EDH24-101 Behaviorial Health Bridge Housing
Expires 6/30/27
45 BOS No.
Infor Contract No.
Cobblestone ID 1916
Agreement between County of Yolo and City of West Sacramento FY2023-27
NOW, THEREFORE, County and Contractor agree as follows:
I. TERM
A. The term of this Agreement shall be July 1, 2024 through June 30, 2027, unless sooner terminated as provided in this Agreement.
B. Either party may terminate this Agreement in whole or in part, in its sole discretion, for any reason or for no reason at all, upon at least thirty (30) days advance written notice to the other party. This Agreement may also be terminated for cause or for insufficient funds as prescribed in Section XI. of Exhibit C of this Agreement.
II. SERVICES
A. Contractor shall furnish and perform the services set forth in the Scope of Services attached to this Agreement as Exhibit A, in conformance with this Agreement (including, but not limited to, all exhibits), and in a manner satisfactory to the Director.
B. Contractor shall comply with the applicable provisions of any regulatory or sub-regulatory guidance issued by the County, or authorized federal and state government agencies as incorporated herein as if fully set forth in this place, including those found in the State Contract.
C. Contractor shall also comply with the terms and conditions set forth in County’s Accounting Handbook for Community Based Organizations (CBOs) and Contract Administration Manual for CBOs, copies of which are available to Contractor here:
https://www.yolocounty.org/business/community-based-organization-cbo-resources.
III. COMPENSATION AND PAYMENT TERMS
A. Subject to the satisfactory performance of the services required of Contractor pursuant to this Agreement, and to the terms and conditions set forth in this Agreement, and following Contractor’s submission of an appropriate claim, and such other documentation that County may require, County shall pay Contractor according to the terms set forth in Exhibit B. Contractor agrees to accept the foregoing payments as full and complete payment for all services provided pursuant to this Agreement, irrespective of whether the cost of such services and related administrative expenses exceed such payments.
B. Any other provision of this Agreement notwithstanding, the maximum payment obligation to Contractor through June 30, 2027 shall be no greater than TWO MILLION SIX HUNDRED NINETY-SEVEN THOUSAND TWO HUNDRED DOLLARS ($2,697,200) specified as follows:
Fiscal Year 2024-25
July 1, 2024
through
June 30, 2025
Fiscal Year 2025-26
July 1, 2025
through
June 30, 2026
Fiscal Year 2026-27
July 1, 2026
through
June 30, 2027
Total
$672,000* $1,089,000* $936,200 $2,697,200
*Any unspent funding in a fiscal year may be rolled over into future fiscal years including any option years.
C. County shall pay Contractor using a combination of funding sources, as the County deems appropriate.
46 BOS No.
Infor Contract No.
Cobblestone ID 1916
Agreement between County of Yolo and City of West Sacramento FY2023-27
IV. AMENDMENT AUTHORITY
A. County Procurement Manager’s Authority: The Yolo County Deputy Director/Manager of Procurement (“Procurement Manager”) may approve and execute amendments regarding allocation of funds between categories of services, scope of services, billing rates, and other contract language changes set forth elsewhere in this Agreement provided the modifications are generally consistent with the original approved scope of the contract. This authority includes the ability to approve and execute amendments to increase to the maximum payment obligation, provided the increase is within the Procurement Manager’s Authority, as prescribed in the then current Yolo County Procurement Policy.
The Yolo County Procurement Manager may also issue termination notices in conformance with Section XI. of Exhibit C to this Agreement.
B. Yolo County Board of Supervisors’ Authority: All other authority to approve and execute amendments or exercise option year(s) related to this Agreement is reserved by the Yolo County Board of Supervisors.
V. ENTIRE AGREEMENT
A. The complete Agreement shall include the following exhibits and attachment(s) attached hereto and incorporated herein:
Exhibit A – Scope of Services
Exhibit B – Terms of Payment
Exhibit C – Terms and Conditions
Exhibit D – Contract Budget
Exhibit E – HIPAA Compliance
Exhibit F – Performance Measures
Exhibit G – Contractor Confidentiality Certification
Exhibit H – Officers, Agents, Employees, Participants and Volunteers Certification of Confidentiality Form
C. County and Contractor shall each comply with the terms and conditions set forth in these exhibits and attachment(s). In the event of any conflict between any of the provisions of this Agreement (including Exhibits and attachments), the provision that requires the highest level of performance from Contractor for County’s benefit shall prevail.
D. This Agreement constitutes the entire agreement between County and Contractor and supersedes all prior negotiations, representations, or agreements, whether written or oral. In the event of a dispute between the Parties as to the language of this Agreement or the construction or meaning of any term hereof, this Agreement shall be deemed to have been drafted by the Parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any party to this Agreement.
[Signatures Follow]
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47 BOS No.
Infor Contract No.
Cobblestone ID 1916
Agreement between County of Yolo and City of West Sacramento FY2023-27
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last set forth below. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by DocuSign, PDF, or email transmission), which signature shall be binding on the Party whose name is contained therein.
Each Party providing an electronic signature agrees to promptly execute and deliver to the other Party an original signed Agreement upon request.
CONTRACTOR COUNTY OF YOLO
_______________________________ _______________________________ Aaron Laurel, City Manager
City of West Sacramento
Lucas Frerichs, Chair
Board of Supervisors
Date: _________________ Date: _____________________
_______________________________
Nolan Sullivan, Director
Health and Human Services Agency
Attest:
Julie Dachtler, Senior Deputy Clerk
Board of Supervisors
By:_______________________________
Deputy (Seal)
Approved as to Form:
Phillip J. Pogledich, County Counsel
By:________________________________
Hope P. Welton, Senior Deputy
48 EXHIBIT A – SCOPE OF SERVICES
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit A – Page 1 of 3
Contractor shall provide services in accordance with the following provisions.
I. SERVICE LOCATION(S)
Services rendered pursuant to this Agreement shall be provided at either or both of the following location(s):
Pick Wick Motel: 1809 West Capitol Ave, West Sacramento, CA 95691 El Tejon Motel: 1821 West Capitol Ave, West Sacramento, CA 95691 II. PURPOSE
The purpose of this program is to expand Contractor’s temporary emergency/interim housing program for homeless individuals who have behavioral health needs and/or substance use disorders, by adding thirtyone (31) beds at one (1) and/or two (2) locations.
III. TARGET POPULATION
Unhoused adult individuals with serious behavioral health and/or substance use disorder needs, primarily from West Sacramento and Yolo County.
IV. SERVICES
Contractor shall add thirty-one (31) beds at one (1) and/or two (2) motel sites that will serve homeless individuals with serious behavioral health and/or substance use disorder needs. Services that will be provided will include:
A. Case Management: Contractor shall provide low intensity case management services aimed at stabilization, including development of a case plan to obtain permanent housing, which may include the following components:
1. Procure ID documents necessary to obtain permanent housing;
2. Identify participant’s income needs and strategies to obtain or increase income;
3. Housing navigation needs;
4. Identify crisis intervention needs; and
5. Medication plan if the participant has been prescribed proper medication by the medical practitioner.
B. Housing Navigation Services: Contractor shall provide the following:
1. Refer participants to Yolo County Housing Authority;
2. Place participants on the Yolo County Homeless and Housing community queue and attend monthly case conferences;
3. Assist clients in locating housing;
4. Assist clients with housing applications; and
5. Connect participants to resources for security deposits and first month’s rent.
C. Peer Support Services: Contractor shall provide the following:
1. Build rapport with participants;
49 EXHIBIT A – SCOPE OF SERVICES
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit A – Page 2 of 3
2. Ensure site is safe and secure; and
3. Ensure participants have access to supplemental care through community partners.
D. Employment Assistance: Contractor shall provide the following:
1. Submit referrals to Downtown Streets Team;
2. Submit referrals to The Department of Vocational Rehab; and
3. Submit referrals to other employment-based agencies as needed for participants expressing interest in employment assistance.
E. Transportation assistance: Contractor will not transport clients, but will provide ride sharing services as needed for those seeking appointments through organizations such as Via and Uber.
F. Contractor shall provide the following group and individual activities that promote a sense of purpose and community participation:
1. Monthly Volunteer Days that will be held to clean and beautify the property, incentivized by lunch for participants.
2. Periodic Town Hall Meetings will be held to engage the community.
G. Contractor shall be aware of and sensitive to all client’s cultural backgrounds in all case interventions and will make accommodations where necessary.
H. Wellness Checks and Engagement Activities: Contractor shall provide weekly check-ins conducted with each client by property manager or other staff.
I. Behavioral Health Services: Contractor shall refer any behavioral health needs clients to Yolo County Access Line to provide Behavioral Health services.
V. REQUIREMENTS
A. Prospective clients must be experiencing homelessness and who have serious behavioral health and/or substance use disorder needs.
B. Contractor shall enter clients and all services received into the Homeless Management Information System (HMIS).
C. Contractor shall submit to County on a quarterly basis a Performance Outcome Measures Report.
Please see Exhibit C, Section IV. and Exhibit F of this Agreement for a list of data to include on the report.
D. Contractor shall submit to County on a quarterly basis a Contract Utilization Report that includes the ongoing tracking of the specific uses and expenditures of any BHBH program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information County deems appropriate or necessary. Please see Exhibit C, Section IV. of this Agreement for data to include on the report.
E. Contractor shall comply with all terms and conditions of this Agreement and State Contract, including special conditions set forth in the State Contract. (See, Attachment I) F. Contractor shall adhere to the requirements set by the County’s BHBH Policies and Procedures (see, Attachment II) and shall document the following Participant and Program Eligibility Criteria:
1. Homeless with Serious Behavioral Health Conditions (pgs. 3-4 of Attachment II) 50 EXHIBIT A – SCOPE OF SERVICES
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit A – Page 3 of 3
2. Verification Protocols (pgs. 4-8 of Attachment II)
3. Eligible Cost and Activities (pgs. 8-10 of Attachment II)
4. Service Standards (pgs. 10-12 of Attachment II)
5. Shelter & Interim Housing Requirements (pgs. 12-13 of Attachment II)
6. Rental Assistance Requirements (pgs. 13-14 of Attachment II)
7. Conflicts Of Interest (pg. 15 of Attachment II)
8. Compliance with HUD Data Standards: Data collection in the HMIS; Data Completeness; Data Timeliness; Data Accuracy; and Data Consistency (pgs. 15-16 of Attachment II)
9. Consent for Entry of Personally Identifying Information (pgs. 16-18 of Attachment II)
10. Accounting Records and Retention Requirements (pgs. 18-19 of Attachment II) 51 EXHIBIT B – TERMS OF PAYMENT
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit B – Page 1 of 2
I. METHOD OF PAYMENT
A. Contractor shall submit a claim/invoice for payment to County no later than thirty (30) days after completion of the month in which services have been rendered. Any claim/invoice that is submitted and rejected due to lack of necessary information must be resubmitted within fifteen (15) days of the date of the initial rejection.
B. 1. Claims/invoices for payment shall be submitted to the County in an electronic format on a form approved by the County. Any County required supporting documentation shall accompany the claim/invoice, including the documentation of Participant and Program Eligibility Criteria (see, Attachment II). If a claim/invoice or the supporting documentation contains confidential client information, the submission must be encrypted for transmission.
2. Claims/invoices shall be submitted to: [email protected] and [email protected]
C. County shall pay Contractor for actual expenditures in conformance with the contract budget(s) attached hereto as Exhibit D.
1. Contractor shall adhere to the contract budget(s) in performing services that have been authorized and provided in accordance with the provisions of this Agreement.
2. Amendments to the contract budget(s) including but not limited to shifting the allocation of funds between categories of services, must be mutually agreed upon in writing. Contractor shall provide a revised budget to the Director for approval. Contract budget amendments must be approved pursuant to Section IV. of this Agreement.
D. In the event that the Contractor fails to comply with any provision of this Agreement, County may withhold payment otherwise due Contractor pursuant to this Agreement or any other agreement between Contractor and County until such noncompliance has been corrected.
E. 1. County will demand repayment from Contractor for compensation made to the Contractor, in the event that any goods and/or services related to such compensation are subsequently determined disallowable, regardless of reason.
2. Any such disallowance related to the current term of this Agreement will be due and payable immediately to the County. County will recoup from Contractor by offsetting any payment otherwise due Contractor pursuant to this Agreement or any other agreement between Contractor and County.
3. Any such disallowance related to the prior terms of this Agreement or any other agreement between Contractor and County will be due and payable within forty-five (45) days of mailing a demand letter from County to Contractor. Thereafter, unless otherwise negotiated with and approved by the Director, County will recoup from Contractor the amount due, by offsetting any payment otherwise due Contractor pursuant to this Agreement or any other agreement between Contractor and County.
4. In the event that the aggregated payment otherwise due Contractor pursuant to this Agreement or any other agreement between Contractor and County is less than the amount due, and when all payments otherwise due Contractor have been exhausted, Contractor shall make payment to the County for any balance due based on a payment plan negotiated with and approved by the Director.
F. Any other provision of this Agreement notwithstanding, because this Agreement is funded in whole or in part by the federal and/or state governments, the County’s obligation to compensate Contractor pursuant to this Agreement is contingent upon, and subject to, the County’s receipt of such 52 EXHIBIT B – TERMS OF PAYMENT
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit B – Page 2 of 2
funding from the federal and/or state governments, and the absence or removal of any constraints imposed by the federal and/or state governments upon such receipt and payment.
G. Contractor shall use the funds provided by County exclusively for the purposes of performing the services required by this Agreement. No funds provided by County pursuant to this Agreement shall be used for any political activity or political contribution.
H. Contractor shall hold harmless the State and clients in the event that the County does not pay for services in accordance with this Agreement.
53 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 1 of 13
I. COUNTY AUTHORITY; CONTRACTOR ELIGIBILITY
Contractor represents and warrants to the County that it has the necessary licensing, certification, training, experience, expertise, and competency to provide the services, goods, and materials that are described in this Agreement, at a cost to the County as herein specified; that it will be able to perform the herein described services at minimum cost to the County by virtue of its current and specialized knowledge of relevant data, issues, and conditions. The County is relying upon this representation in entering into this Agreement.
II. PERSONNEL; PERFORMANCE STANDARDS
A. Contractor shall furnish professional personnel in accordance with applicable Federal and State regulations, including the County, and any authorized federal and state agencies. Contractor shall operate continuously throughout the term of this Agreement with at least the minimum staff required by law for provision of services hereunder. Such personnel shall be qualified in accordance with all applicable laws.
B. Contractor shall exercise all of the care and judgment consistent with good practices in the performance of the services required by this Agreement and shall provide all services in accordance with any applicable laws and regulations incorporated in this Agreement and its Exhibits.
C. Contractor shall furnish all facilities, equipment, personnel, labor, and materials necessary to provide the services in accordance with this Agreement unless otherwise provided in the scope of services.
III. RECORDS, RETENTION, REVIEW, ETC.
A. Records include, but are not limited to: financial and client records as described below and all other physical and electronic records and documents originated or prepared pursuant to Contractor’s performance under this Agreement including but not limited to: working papers, reports, financial records and documents of account, patient records, prescription files, subcontracts, and any other documentation pertaining to covered services and other related services for clients.
B. Financial Records
1. Contractor shall maintain financial records and other evidence, sufficient to support all direct and indirect costs of whatever nature that are claimed to have been incurred in the performance of this Agreement. These may include but are not limited to: complete client service and financial records, which clearly reflect the actual cost and related fees received for each type of service for which payment is claimed, books, accounting procedures and practices, and audit work papers.
2. Contractor shall preserve and make available his/her financial records for a period of three (3) years from the date of final payment under this Agreement, and for such longer period, if any, as is required by applicable statute, by any other provision of this Agreement, or by subparagraphs (a) or (b) below.
a. Contractor shall retain all financial records, supporting documents, statistical records, and all other pertinent records in accordance with 45 CFR section 75.361. b. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement.
c. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later.
54 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 2 of 13
C. Client Records
1. Contractor shall utilize and report client data into its local Homeless Management Information Systems (“HMIS”) pursuant to the requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021). Contractor shall ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by BHBH funding (e.g., by creating appropriate BHBH-specific funding sources and project codes in HMIS).
2. If applicable, Contractor shall maintain adequate client records for each client, in sufficient detail to permit an evaluation of services, which shall include, but not be limited to, the following: admission/intake and discharge information, demographic information, documentation of types of housing assistance provided (including but not limited to lease agreement, cancelled checks, reason for assistance), health medical history, program level assessment, client case management plan, records of patient interviews, and records of all services provided and backup documentation to validate client qualifies for program and meets BHBH requirements. Such records shall also comply with all applicable Federal, State, and County record retention requirements. If applicable, Contractor shall comply with the Federal, State and County requirements as to maintaining electronic health records. County and Contractor will collaborate to provide patients with access to patient healthcare records in compliance with all applicable Federal, State, and County regulations.
3. All client records shall be kept for whichever time period listed below is longer:
i. ten (10) years from the date of final payment under this Agreement, and for such longer period, if any, as is required by applicable statute, by any other provision of this Agreement, or by subparagraphs (i) or (ii) below.
ii. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any resulting final settlement.
iii. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the ten-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular ten (10) year period, whichever is later.
D. In the event that Contractor ceases to provide the services required by this Agreement for any reason, Contractor will contact County and make appropriate arrangements for transfer of records. All records shall be made available to the County in an electronic format readable by the County.
E. Contractor may, at its discretion, following receipt of final payment under this Agreement, reduce its accounts, books, and records related to this Agreement to any secure electronic data storage medium. Upon request by an authorized representative to inspect, audit or obtain copies of said records, Contractor must supply or make available applicable devices, hardware, and/or software necessary to view, copy, and/or print said records.
F. This section shall survive the termination or completion of this Agreement for the full period of time allowed by law.
IV. REPORTS
Contractor shall submit to County the following listed reports. Contractor shall make further reports as may be reasonably requested by Director, the State and/or Federal government concerning Contractor’s activities as they affect the services and obligations required by this Agreement, including any data and information required by State and/or Federal government for the County to receive funds 55 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 3 of 13
used for these services. All reports must be submitted as prescribed by this Agreement or as otherwise reasonably requested by the Director.
A. Program Reports
1. Quarterly Performance Outcome Measures (POM) Report: (See Exhibit F of this Agreement)
Contractor shall maintain data and reports of performance outcome measures. Contractor shall make these data and reports available to the County on a quarterly basis, as specified in Exhibit F, Performance Measures.
a. Contractor shall submit data to County on progress made towards meeting outcome goals. If Contractor has not made significant progress toward outcome goals, Contractor shall submit to County a description of barriers and possible solutions to those barriers.
2. Quarterly Contract Utilization Report(s): Contractor shall submit a report to County that includes the ongoing tracking of the specific uses and expenditures of any BHBH program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information County deems appropriate or necessary. a. Contractor shall track and report all invoices sent and payments received under this Agreement for the periods of July 1 through September 30; October 1 through December 31; January 1 through March 31; and April 1 through June 30. Each quarterly report shall be due by the 15th of the month following the close of the quarter.
In the event the Agreement is terminated early, the final report shall be due within fifteen (15) days of the termination.
b. Contractor shall include the following metrics in the quarterly contract utilization report:
i. Details on services provided where BHBH funding is used; ii. Specific uses and expenditures of any BHBH program funds broken out by eligible uses listed, including the current status of those funds; and iii. Data on expenditures of BHBH funding including but not limited to obligated funds, expended funds, and other funds derived from BHBH funding. iv. Any other metrics deemed appropriate or necessary by the State Contract. c. Contractor shall collaborate with County to ensure BHBH grant funding will be fully expended by the deadline. At County’s request, Contractor shall submit an expenditure plan that outlines its projections to expend BHBH grant funding. d. The final report shall by due by June 30, 2027.
Submit the Quarterly Contract Utilization Report electronically via email to:
[email protected]
B. Other Annual Reports
1. Equipment Report (See Section IX., below)
Due date: July 31, following the completion of a fiscal year
2. Certified Audited Financial Reports (see Section V., below) Due date: July 31 of the following year, if the Agreement expires or terminates on June 30. In the event that this Agreement expires or is terminated on a date other than June 30, Contractor shall 56 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 4 of 13
provide County such an Audit Report covering the preceding period of July 1 through the date of expiration or termination within 45 days of the expiration or termination.
All annual reports shall be sent to: Yolo County Health and Human Services Agency 137 N. Cottonwood Street
Woodland, CA 95695
Attn: Fiscal
V. AUDITS
A. Contractor shall allow the County, the Auditor General, and any other authorized federal and state agencies, or their duly authorized designees, to evaluate Contractor’s performance under this Agreement, including the quality, appropriateness, and timeliness of services provided, and to inspect, evaluate, and audit any and all records, documents, and the premises, equipment and facilities maintained by the Contractor and its subcontractors pertaining to such services at any time.
B. Contractor shall allow such inspection, evaluation and audit of its records, documents and facilities, and those of its subcontractors, for three (3) years from the term end date of this Agreement or in the event the Contractor has been notified that an audit or investigation of this Agreement has been commenced, until such time as the matter under audit or investigation has been resolved, including the exhaustion of all legal remedies, whichever is later. (Records are defined in Section III(A) of this Exhibit.)
C. Any failure or refusal by Contractor to permit access to records by the County and any other authorized federal and state agencies, or their duly authorized designees, as otherwise provided by this Agreement, the Performance Agreements, State and/or Federal laws and regulations, shall constitute an express and immediate breach of this Agreement.
D. Contractor shall also be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code, § 8546.7.) E. If applicable, Contractor shall comply with the Single Audit Act and the audit reporting requirements set forth in Title 2, Code of Federal Regulations Part 200. Should Contractor expend seven hundred fifty thousand dollars ($750,000) or more in Federal funds during any fiscal year, Contractor shall furnish County copies of the Certified Audited Financial Reports from an independent Certified Public Accountant (CPA) firm, covering the Cost Report period, i.e., July 1 through June 30, or covering a twelve (12) month period that is most recent and relevant to the Cost Report period, and provide a detailed audit of all costs included in the Cost Report. This Audit shall be performed in accordance with Office of Management and Budget (OMB) Uniform Grant Guidance or Super Circular (Title 2, Code of Federal Regulations Part 200, subpart F) conducted in accordance with generally accepted government auditing standards as described in Government Auditing Standards (2003 Revision) and provided in a form satisfactory to the Director.
If the Agreement expires on June 30, Contractor shall provide this Audit Report no later than July 31 the year following the next fiscal year (for example for cost report period ending June 30, 2021, the certified audit report would be due before July 31, 2022.) In the event that this Agreement expires or is terminated on a date other than June 30, Contractor shall provide County such an Audit Report covering the preceding period of July 1 through the date of expiration or termination no later than no later than forty-five (45) days after the date of expiration or termination, unless otherwise specified by the Director. Contractor shall ensure that audit work papers supporting the report are retained for a period of three (3) years from the date of the audit report, and longer if notified by the State or County to extend the retention period, and are made available to the State and/or County upon request.
F. Should an Audit Report or any County, State and/or Federal government audit subsequently disallow any paid goods and/or services, or determine that Contractor has misspent funds, or been 57 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 5 of 13
overpaid based on the requirements of this Agreement and applicable laws and regulations, County shall demand repayment from Contractor in the amount of such audit findings. See Exhibit B, Terms of Payment.
G. This section shall survive the termination or completion of this Agreement for the full period of time allowed by law.
VI. PROGRAM EVALUATION
A. Contractor shall establish and maintain systems to review the quality and appropriateness of services rendered pursuant to this Agreement in accordance with applicable federal, state and county laws, regulations, and directives.
B. Contractor shall permit, at any reasonable time, County, state and/or federal government personnel designated by the Director to enter Contractor’s premises for the purpose of making periodic inspections (including, but not limited to, examining and auditing records) to determine the fiscal and clinical quality, appropriateness and effectiveness of the services being rendered. Contractor shall furnish the Director with such information as may be required to evaluate fiscal and clinical quality, appropriateness and effectiveness of the services being rendered.
C. Should a clinical review, program evaluation or chart review by the County, state and/or federal government identify billed units of service or goods and/or services that are determined disallowable, the Contractor shall repay County for any amount determined disallowable. Method of repayment is detailed in Exhibit B.
VII. CULTURAL COMPETENCY
A. Cultural competence is defined as a set of congruent practice behaviors, attitudes, and policies that come together in a system, agency, or among consumer providers and professionals which enable that system, agency, or those professional and consumer providers to work effectively in cross-cultural situations.
B. Contractor recognizes that cultural competence is a goal toward which professionals, agencies, and systems should strive. Becoming culturally competent is a developmental process and incorporates at all levels the importance of culture, the assessment of cross-cultural differences, the expansion of cultural knowledge, and the adaptation of services to meet culturally unique needs.
Providing services in a culturally competent manner is fundamental in any effort to ensure success of high quality and cost-effective services. Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers is not cost effective.
C. Contractor shall assess the demographic make-up and population trends of its service area to identify the cultural and linguistic needs of the eligible beneficiary population. Such studies are critical to designing and planning for providing appropriate and effective behavioral health, substance abuse, and co-occurring disorder services.
D. Contractor shall implement practices and protocols that are inclusive and responsive to the needs of diverse cultural populations, including Lesbian, Gay, Bisexual, Transgender and Queer/Questioning (LGBTQ) individuals, families and communities.
E. Contractor shall adopt the National Standards for Culturally and Linguistically Appropriate Services (CLAS) in Health and Health Care to improve health care quality and advance health equity. Refer to http://minorityhealth.hhs.gov (US Department of Health and Human Services Office of Minority Health).
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58 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 6 of 13
VIII. CONFIDENTIALITY, PRIVACY AND SECURITY
A. Contractor shall comply with, and require its officers, agents, employees, participants, and volunteers to comply with:
1. all applicable laws and regulations regarding the confidentiality of client information, including but not limited to California Welfare and Institutions Code sections 5328 et. seq., 10850, and 14100 et. seq., United States Code Title 42, section 1320d, and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the HIPAA Omnibus Rule, Code of Federal Regulations, Title 45, Parts 160 and 164, and its implementing regulations, and the Federal Confidentiality of Substance Use Disorder Patient Records laws and regulations, United States Code, Title 42 section 290dd-2 and Code of Federal Regulations, Title 42, Part 2; and California Health and Safety Code section 11845.5; and
2. any additional laws and regulations pertaining to confidentiality of client information that the County, or authorized state and/or federal government shall so specify; and
3. the confidentiality requirements of Exhibit G and Exhibit H attached hereto; and
4. the privacy and security requirements of Exhibit E attached hereto.
B. The Parties agree that the exchange of information will only be for the purpose of performing services under this Agreement, including promoting the best interests of County’s clients and program administration.
C. County and Contractor will maintain their own confidentiality policies and guidelines to review and follow. The location of those guidelines shall be known to all employees in all work locations.
Contractor and County agree to inform all of the employees, agents and subcontractors of the confidentiality provisions herein, including that intentionally violating the provisions of applicable laws may be punishable as a misdemeanor.
D. In the event that Contractor receives a request or subpoena to provide confidential information regarding any services provided pursuant to this Agreement, Contractor will notify Director immediately by telephone at (530) 661-2945, or by email at [email protected] IX. OWNERSHIP OF DOCUMENTS/ WORK PRODUCTS AND EQUIPMENT A. All professional and technical documents and information developed under this Agreement, and all work products, including writings, work sheets, reports, and related data, materials, copyrights and all other rights and interests therein, shall become the property of the County, and Contractor agrees to deliver and assign the foregoing to the County, upon completion of the services hereunder or upon any earlier termination of this Agreement. Contractor assigns the work products, as and when the same shall arise, for the full terms of protection available throughout the world. In addition, basic data prepared or obtained under this Agreement shall be made available to the County without restriction or limitation on their use. No additional charge will be made for any of the foregoing.
B. 1. County shall have and retain ownership and title to all equipment valued over five thousand dollars ($5,000) (including shipping and taxes) purchased by Contractor with County funds under this Agreement. County shall inventory tag all equipment and shall conduct, or require Contractor to conduct, an annual physical inventory of the equipment. Contractor shall make all equipment available to County during normal business hours for tagging or inventory.
2. Contractor shall maintain an Equipment Report listing of all equipment purchased under this Agreement together with bills of sale and any other documents as may be necessary to show clear title and reasonableness of the purchase price. The Equipment Report shall specify the quantity, name, description, purchase price, and date of purchase of all equipment. 59 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 7 of 13
3. Annually, Contractor shall submit to the County the Equipment Report. This report is due by July 31 each year and will cover the period from the inception of this Agreement through June 30 of the preceding fiscal year.
X. DISPUTES
Any dispute arising under this Agreement shall be decided by the County Administrative Officer who shall put his or her decision in writing and mail a copy thereof to the address for the notice to Contractor. The decision of the County Administrative Officer shall be final unless, within thirty (30) days from the date such copy is mailed to Contractor, Contractor appeals the decision in writing to the County Board of Supervisors. Any such written appeal shall detail the reasons for the appeal and contain copies of all documentation supporting Contractor's position. In connection with any appeal proceeding under this paragraph, Contractor shall be afforded the opportunity to be heard and offer evidence in support of its appeal to the County Board of Supervisors at a regular Board meeting.
Pending a final decision of the dispute, Contractor shall proceed diligently with the performance of this Agreement and in accordance with the County Administrative Officer's decision. The decision of the County Board of Supervisors on the appeal shall be final for purposes of exhaustion of administrative remedies.
XI. TERMINATION
A. Should either party fail to substantially perform its obligations in accordance with this Agreement, the other party may notify the defaulting party of such default in writing and provide not less than thirty (30) days to cure the default. Such notice shall describe the default and shall not be deemed a forfeiture or termination of this Agreement. If such default is not cured within said thirty-day period (or such longer period as is specified in the notice or agreed to by the Parties), the party that gave notice of default may terminate this Agreement upon not less than fifteen (15) days advance written notice. In the event of such termination based upon Contractor default, County reserves the right to purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices set forth herein and the actual cost thereof to County. The foregoing notwithstanding, neither party waives the right to recover damages against the other for breach of this Agreement.
B. This Agreement is subject to the County, the State and the United States appropriating and approving sufficient funds for the activities required of the Contractor pursuant to this Agreement. If the County's adopted budget and/or its receipts from the State and the United States do not contain sufficient funds for this Agreement, the County may terminate this Agreement by giving ten (10) days advance written notice thereof to the Contractor, in which event the County shall have no obligation to pay the Contractor any further funds or provide other consideration and the Contractor shall have no obligation to provide any further services pursuant this Agreement. If the County terminates the Agreement pursuant to this subparagraph, the County will pay Contractor in accordance with this Agreement for all services performed to the satisfaction of the Director before such termination and for which funds have appropriated as required by law.
C. If Contractor, or any of its officers, agents, employees, contractors, subcontractors, volunteers or five percent owners, becomes excluded, debarred or suspended from participation in Federally or State funded programs, the County may terminate this Agreement by giving ten (10) days advance written notice thereof to the Contractor.
D. Upon termination of this Agreement or suspension of work by either County or Contractor, Contractor shall furnish to County all documents and drawings prepared under this Agreement, whether complete or incomplete. In the event of termination for any reason, reproducible copies of all finished or unfinished documents, drawings, maps, models, photographs, and reports prepared by 60 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 8 of 13
Contractor shall become the sole and exclusive property of Yolo County and Contractor shall be entitled to receive compensation for any work completed on such documents and other materials determined by the Director to be of satisfactory quality and within the terms and conditions of this Agreement. All creative work undertaken by Contractor such as sketches, copy, dummies and all preparatory work for which Contractor is not compensated by the County shall remain the sole and exclusive property of the Contractor.
E. During and following the term of this Agreement, Contractor shall not use, distribute or otherwise circulate any of the materials developed pursuant to this Agreement and for which Contractor was compensated by the County without the express written permission of the Director.
XII. APPLICABLE LAWS
A. In the performance of the services required by this Agreement, Contractor shall comply with all applicable Federal, State, and County statutes, ordinances, regulations, directives and laws. This Agreement is also subject to any additional restrictions or conditions that may be imposed upon the County by the Federal or State government.
B. This Agreement shall be deemed to be executed within the State of California and construed in accordance with and governed by the laws of the State of California. Any action or proceeding arising out of this Agreement shall be filed and resolved in a California State court located in Woodland, California. Contractor waives any removal rights it might have under State or Federal law.
XIII. NON-DISCRIMINATION IN SERVICES AND BENEFITS
Contractor certifies that any service provided pursuant to this Agreement shall be without discrimination based on color, race, creed, national origin, religion, sex, age, sexual preferences, or physical or mental disability in accordance with all applicable Federal, State and County laws and regulations and any administrative directives established by the County Board of Supervisors or the County Administrative Officer. For the purpose of this Agreement, distinctions on the grounds of color, race, creed, national origin, religion, sex, age, sexual preferences, or physical or mental disability include but are not limited to the following: denying a participant any service or benefit which is different, or is provided in a different manner or at a different time from that provided to other participants under this Agreement; subjecting a participant to segregation or separate treatment in any way in the enjoyment or any advantage or privilege enjoyed by others receiving any service or benefit; treating a participant differently from others in determining whether the participant has satisfied any admission, enrollment quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service or benefit; and the assignment of times or places for the provision of services.
XIV. INDEMNIFICATION
A. Contractor shall exercise all of the care and judgment consistent with good practices in the performance of the services required by this Agreement.
B. With the exception that this Section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the laws or public policy of the State of California, Contractor shall indemnify, defend and hold harmless the County of Yolo and its officers, agents, employees and volunteers from and against any and all claims, damages, demands, losses, defense costs, expenses (including attorneys’ fees) and liability of any kind or nature arising out of or resulting from performance of the work, provided that any such claim, damage, demand, loss, cost, expense or liability is caused in whole or in part by any negligent or intentional act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified 61 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 9 of 13
hereunder. Contractor and/or any subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In providing any defense under this Section, Contractor shall utilize counsel approved by the Office of the County Counsel in its reasonable discretion.
C. Any subcontractor must agree to be bound to the County of Yolo in the same manner and to the same extent as Contractor is bound to the County of Yolo under this Agreement. Any subcontractors must further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope of the sub-subcontractor’s work.
XV. INSURANCE
During the term of this Agreement, the Parties shall be separately insured through the Yolo County Public Agency Risk Management Insurance Authority (“YCPARMIA”), a California public entity self-funded public liability coverage program. At least sixty (60) days written notice shall be provided to all Parties prior to a change in insurance coverage to allow for consideration of an amendment to this Agreement.
XVI. WORKERS’ COMPENSATION
Contractor shall provide worker’s compensation coverage as required by State law, and prior to commencing services pursuant to this Agreement shall file the following statement with the County in a form substantially as set forth below.
WORKERS’ COMPENSATION CERTIFICATE
I am aware of the provisions of the California Labor Code, Section 3700 that requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing any services required by this Agreement.
The person executing this certificate on behalf of Contractor affirmatively represents that she/he has the requisite legal authority to do so on behalf of Contractor; both the person executing this Agreement on behalf of Contractor and Contractor understand that the County is relying on this representation in entering into this Agreement.
XVII. NOTICE
A. All notices shall be deemed to have been given when made in writing and delivered or mailed to the respective representatives of County and Contractor at their respective addresses as follows:
Contractor:
City of West Sacramento
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
Raul Huerta, Housing Director
County:
Yolo County Health and Human Services Agency
137 N. Cottonwood Street
Woodland, CA 95695
Nolan Sullivan, Director
B. In lieu of written notice to the above addresses, any party may provide notices through the use of email provided the following email addresses are used:
Contractor: County:
[email protected] Contracts Unit: [email protected] Contract Administrator: [email protected]
62 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 10 of 13
C. Any party may change the address or email address to which such communications are to be given by providing the other parties with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change.
D. All notices shall be effective upon receipt and shall be deemed received through delivery if personally served or served using email, or on the fifth (5th) day following deposit in the mail if sent by first class mail.
XVIII. ASSIGNMENT AND SUBCONTRACTS
The services and obligations required of Contractor under this Agreement are not assignable in whole or in part. In addition, Contractor shall not subcontract any portion of the services required of Contractor by this Agreement without the express written consent of the County. If any portion of the services required of Contractor are subcontracted, the subcontractor(s) shall maintain the same insurance as required of Contractor by this Agreement and Contractor shall be fully responsible to the County for all work undertaken by subcontractors.
XIX. STATUS OF CONTRACTOR
A. It is understood and agreed by all the parties hereto that Contractor is an independent contractor and that no relationship of employer-employee exists between the County and Contractor. Neither Contractor nor Contractor’s assigned personnel shall be entitled to any benefits payable to employees of the County. Contractor hereby indemnifies and holds the County harmless from any and all claims that may be made against the County based upon any contention by any third party that an employeremployee relationship exists by reason of this Agreement or any services provided pursuant to this Agreement.
B. It is further understood and agreed by all the parties hereto that neither Contractor nor Contractor’s assigned personnel shall have any right to act on behalf of the County in any capacity whatsoever as an agent or to bind the County to any obligation whatsoever.
XX. FEDERAL/STATE DEBARMENT/EXCLUSIONS
A. Contractor shall not permit any of its principals or affiliates, including but not limited to: officers, directors, partners, agents, principal investors, other person with management or supervisory responsibilities related to a covered transaction; or its affiliates, employees, contractors, subcontractors, volunteers, or five percent (5%) owners to provide services pursuant to this Agreement if such individual has been excluded or debarred from any federal or state government program(s).
B. Contractor shall verify that each of its principals or affiliates, including but not limited to: officers, directors, partners, agents, principal investors, other person with management or supervisory responsibilities related to a covered transaction; or its affiliates, employees, contractors, subcontractors, volunteers, or five percent (5%) owners, is not excluded or debarred from participating in or being paid for participation in any federal or state government program(s) within thirty (30) days of such person or entity becoming Contractor’s officer, agent, employee, contractor, subcontractor, volunteer, or five percent (5%) owner, and thereafter not less frequently than annually.
C. Contractor shall notify County, within twenty-four (24) hours of Contractor’s knowledge, of any action taken by local, state or federal agencies to exclude or bar Contractor, or any of its principals or affiliates, including but not limited to: officers, directors, partners, agents, principal investors, other person with management or supervisory responsibilities related to a covered transaction; or its affiliates, employees, contractors, subcontractors, volunteers, or five percent (5%) owners from any federal or state government program(s). Contractor shall also notify County within twenty-four (24) hours of any event or condition that occurs or which may arise which could lead to Contractor’s, or any of its principals or affiliates, including but not limited to: officers, directors, partners, agents, 63 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 11 of 13
principal investors, other person with management or supervisory responsibilities related to a covered transaction; or its affiliates, employees, contractors, subcontractors, volunteers, or five percent (5%) owners’ exclusion or debarment from any federal or state government program(s).
D. Contractor shall provide County information as requested by the Director regarding the status of Contractor’s principals or affiliates, including but not limited to: officers, directors, partners, agents, principal investors, other person with management or supervisory responsibilities related to a covered transaction; or its affiliates, employees, contractors, subcontractors, volunteers, or five percent (5%) owners regarding their participation, exclusion or debarment from any federal or state government program(s).
E. Any other provision of this Agreement notwithstanding, Contractor shall not be entitled to any compensation for any services provided pursuant to this Agreement by any of its principals or affiliates, including but not limited to: officers, directors, partners, agents, principal investigators, other person with management or supervisory responsibilities related to a covered transaction; or affiliates, employees, contractors, subcontractors, volunteers, or five percent (5%) owners who has been excluded or debarred from any federal or state government program(s).
F. DEBARMENT AND SUSPENSION CERTIFICATION
1. By signing this Agreement, Contractor agrees to comply with applicable federal suspension and debarment regulations including, but not limited to 7 CFR Part 3017, 45 CFR 76, 40 CFR 32 or 34 CFR 85.
2. By signing this Agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; b. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in Paragraph B(2) herein; and
d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. e. Shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under federal regulations (i.e., 48 CFR part 9, subpart 9.4), debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction, unless authorized by the State.
f. Will include a clause entitled, “Debarment and Suspension Certification” that essentially sets for the provisions herein, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
XXI. FALSE CLAIMS
A. The Contractor acknowledges that the California False Claims Act (Cal. Govt. Code §§ 12650 et. seq.) and the Federal False Claims Act (31 USC Chapter 38-Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Agreement. 64 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 12 of 13
B. Contractor and its employees, contractors, and agents shall read, acknowledge receipt of, and comply with all provisions of the County’s policies and procedures designed to detect and prevent fraud, waste, and abuse in the provision of medical assistance, in accordance with 42 USC 1396(a) (68) (section 6032 of the Deficit Reduction Act and the Federal False Claims Act (31 USC §§ 3729- 3733). Failure to comply with any of these policies and procedures is a material breach of this contract and grounds for termination for cause.
C. Contractor shall certify, on an annual basis that it, and all of its employees, contractors, and agents have read and understand the County’s policies and procedures regarding the detection and prevention of fraud, waste, and abuse in the provision of medical assistance, as referenced above. This certification shall be submitted with the provider’s annual cost report. In addition, at the time Contractor hires a new employee, contractor, or agent, Contractor will certify that individual has read and understands the County’s policies and procedures regarding the detection and prevention of fraud, waste, and abuse in the provision of medical assistance.
XXII. COVENANTS AND CONDITIONS
Where there is a doubt as to whether a provision of this Agreement is a covenant or a condition, the provision shall carry the legal effect of both. Should the County choose to excuse any given failure of Contractor to meet any given condition, covenant or obligation (whether precedent or subsequent), that decision will not be, or have the legal effect of, a waiver of the legal effect in subsequent circumstances of either that condition, covenant or obligation or any other found in this Agreement.
All conditions, covenants and obligations continue to apply no matter how often County may choose to excuse a failure to perform them.
XXIII. THIRD PARTY RIGHTS
Except where specifically stated otherwise in this Agreement, the promises in this Agreement benefit the County and Contractor only. They are not intended to, nor shall they be interpreted or applied to, give any enforcement rights to any other persons (including corporate) which might be affected by the performance or non-performance of this Agreement, nor do the Parties hereto intend to convey to anyone any “legitimate claim of entitlement” with the meaning and rights that phrase has been given by case law.
XXIV. AMENDMENT
This Agreement may be amended only by written instrument signed by the County and Contractor; provided, however, that the County may unilaterally amend this Agreement, in whole or in part, as needed to align terms with any applicable laws, regulations, and contractual obligations set forth in the State Contract(s), including any applicable regulations or sub-regulatory guidance; or to reflect any changes to same. See section IV. of the Agreement regarding specific amendment authority and County authority to exercise optional extensions.
XXV. WAIVER
The waiver by the County or any of its officers, agents, or employees, or the failure of the County or its officers, agents, or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement shall not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants or conditions of this Agreement.
XXVI. AUTHORIZED REPRESENTATIVE
The person executing this Agreement on behalf of Contractor affirmatively represents that she/he has the requisite legal authority to enter into this Agreement on behalf of Contractor and to bind Contractor 65 EXHIBIT C – TERMS AND CONDITIONS
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit C – Page 13 of 13
to the terms and conditions of this Agreement. Both the person executing this Agreement on behalf of Contractor and Contractor understand that the County is relying on this representation in entering into this Agreement.
XXVII. PUBLIC RECORDS ACT
Upon its execution, this Agreement (including all exhibits and attachments) shall be subject to disclosure pursuant to the California Public Records Act.
XXVIII. DRUG-FREE WORKPLACE CERTIFICATION
A. Certification of Compliance: By signing this Agreement, Contractor hereby certifies, under penalty of perjury under the laws of State of California, that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code section 8355, subdivision (a)(1).
2. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees and subcontractors about all of the following:
a. The dangers of drug abuse in the workplace;
b. Contractor’s policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance program; and d. Penalties that may be imposed upon employees for drug abuse violations.
3. Ensure, as required by Government Code section 8355, subdivision (a)(3), that every employee that works under this Agreement will:
a. Receive a copy of Contractor’s drug-free policy statement; and b. Agree to abide by the terms of Contractor’s condition of employment. 66 EXHIBIT D – CONTRACT BUDGET
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit D – Page 1 of 1
*This is a one-time facility improvement amount that must be used within one year of signed contract.
City of West Sacramento
Homeless Services via Behavioral Health Bridge Housing (BHBH) Program Cost Items Fiscal Year 2025-26
July 1, 2025 through June 30, 2026
1 a. Personnel (Salary, Benefits, and Payroll Taxes) $0 b. Indirect/Overhead/Administration,
not to exceed 15% of Personnel Costs (Item 1a) $0
2 Operating $1,089,000
3 Direct to Clients $0
4 Total $1,089,000
City of West Sacramento
Homeless Services via Behavioral Health Bridge Housing (BHBH) Program Cost Items Fiscal Year 2024-25
July 1, 2024 through June 30, 2025
1 a. Personnel (Salary, Benefits, and Payroll Taxes) $0 b. Indirect/Overhead/Administration,
not to exceed 15% of Personnel Costs (Item 1a) $0
2 Operating $292,000
3 Facility Improvements* $380,000*
4 Direct to Clients $0
7 Total $672,000
City of West Sacramento
Homeless Services via Behavioral Health Bridge Housing (BHBH) Program Cost Items Fiscal Year 2026-27
July 1, 2026 through June 30, 2027
1 a. Personnel (Salary, Benefits, and Payroll Taxes) $0 b. Indirect/Overhead/Administration,
not to exceed 15% of Personnel Costs (Item 1a) $0
2 Operating $936,200
3 Direct to Clients $0
6 Total $936,200
67 EXHIBIT E – HIPAA COMPLIANCE & BUSINESS ASSOCIATE & QUALIFIED SERVICE
ORGANIZATION AGREEMENT ADDENDUM
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit E – Page 1 of 5
I. County and Contractor intend to protect the privacy and provide for the security of protected health information in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the HIPAA Omnibus Rule, Title 45 of the Code of Federal Regulations (“CFR”) Parts 160 and 164, the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), and regulations promulgated thereunder by the U.S.
Department of Health and Human Services (the “HIPAA Regulations”), the Federal Confidentiality of Substance Abuse Disorder Patient Records laws and regulations, Title 42 of the United States Code section 290dd-2 and 42 CFR Part 2 (“Part 2 Regulations”), and any other applicable laws.
II. In order to be in compliance with the aforementioned laws and regulations, Contractor and County hereby enter into this Business Associate & Qualified Service Organization Agreement Addendum with is attached to and incorporated into the Agreement.
BUSINESS ASSOCIATE & QUALIFIED SERVICE ORGANIZATION AGREEMENT ADDENDUM
RECITALS
A. The purpose of this Business Associate Agreement Addendum (“this Addendum”) to comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), the HIPAA Omnibus Rule, 45 CFR Parts 160 and 164, the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (“the HITECH Act”), regulations promulgated thereunder by the U.S. Department of Health and Human Services (the “HIPAA Regulations”) and other applicable privacy and security laws, including the Federal Confidentiality of Substance Abuse Disorder Patient Records laws and regulations, 42 USC section 290dd-2 and 42 CFR Part 2.
B. Definitions. All terms and phrases used, but not otherwise defined in this Addendum, shall have the same meaning as those terms are defined in 45 CFR Parts 160 and 164 and 42 CFR Part 2. (a) Business Associate. “Business Associate” shall mean the party with whom the County of Yolo (“the County”) is contracting or Contractor, as referenced above. If applicable, Business Associate may also be a Qualified Service Organization (QSO) as defined by 42 CFR Part 2 sections 2.11 and
2.12. (b) Underlying Agreement. “Underlying Agreement” shall mean the Agreement between the County and the Business Associate, to which this Addendum is attached and incorporated. (c) Covered Entity. “Covered Entity” shall mean the covered components of the County of Yolo hybrid entity which are subject to the standards for privacy and security of 45 CFR, Parts 160 and 164. If applicable, Covered Entity may also a be a “federally assisted Part 2 program” as defined by 42 CFR Part 2 sections 2.11 and 2.12.
(d) Protected Health Information. “Protected Health Information” shall have the same meaning as defined in 45 CFR Parts 160 and 164.
(e) Patient Identifying Information. “Patient identifying information” shall have the same meaning as defined in 42 CFR Part 2 section 2.11.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter addressed, the Parties agree as follows:
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68 EXHIBIT E – HIPAA COMPLIANCE & BUSINESS ASSOCIATE & QUALIFIED SERVICE
ORGANIZATION AGREEMENT ADDENDUM
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit E – Page 2 of 5
1. Permitted Uses and Disclosures by Business Associate.
Pursuant to the Underlying Agreement Contractor will provide the services delineated in Exhibit A, Scope of Services of the Underlying Agreement as specifically requested by the County that may involve the use and disclosure of protected health information (PHI) or Electronic Protected Health Information (EPHI) related to the treatment and care of clients.
As otherwise limited in this Addendum and the Underlying Agreement, Business Associate may use or disclose PHI and EPHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Underlying Agreement, provided that such use or disclosure would not violate the law if done by Covered Entity and the use or disclosure of PHI and EPHI is limited to the minimum amount necessary for Business Associate to perform its obligations pursuant to the Underling Agreement.
2. Obligations and Activities of Business Associate.
Business Associate shall:
(a) Not use or disclose PHI or EPHI, other than as permitted or required by this Addendum or as required by law.
(b) Use appropriate safeguards and comply with 45 CFR Part 164 with respect to EPHI, to prevent use or disclosure of PHI or EPHI other than as provided for by this Addendum and the Underlying Agreement.
(c) If a pattern of activity or practice of an agent, including a subcontractor, constitutes a material breach or violation of the requirements of this Addendum and/or the Underlying Agreement, cure the breach or end the violation, as applicable, and if such steps are unsuccessful, terminate the subcontract or other agreement.
(d) Report, as soon as reasonably practicable, and within twenty-four (24) hours for security incidents, as defined in 45 CFR section 164.304, and within one (1) hour for breaches of unsecured PHI as defined by Section 164.402 of the HIPAA Regulations to:
(i) Herbert Lester, County’s Risk Manager/Safety Officer at [email protected], and
(ii) Lee Gerney, County’s Information Security Officer/Chief Technology Officer at [email protected], and
(iii)Charles Egbert, County’s HHSA Privacy Officer at [email protected], and
(iv) Katherine Barrett, County’s HHSA Behavioral Health Compliance Officer at [email protected].
This report will include at least the following information:
(i) the nature of the non-permitted or violating use or disclosure or Security Incident; and (ii) the PHI and EPHI used or disclosed.
This report does not relieve Business Associate of his/her/their continuing obligations under the underlying Agreement or any State or Federal reporting requirements. (e) Ensure that any agent, including a subcontractor, to whom it provides PHI or EPHI received from, or created or received by Business Associate on behalf of Covered Entity, agrees to the same restrictions and conditions that apply through this Addendum and the Underlying Agreement to Business Associate with respect to such information.
69 EXHIBIT E – HIPAA COMPLIANCE & BUSINESS ASSOCIATE & QUALIFIED SERVICE
ORGANIZATION AGREEMENT ADDENDUM
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit E – Page 3 of 5
(f) Provide access, at the request of Covered Entity, and in the time and manner designated by Covered Entity, to PHI and EPHI information in a designated record set, to Covered Entity or, as directed by Covered Entity, to an individual in order to meet the requirements under 45 CFR section 164.524.
(g) Make any amendment(s) to PHI and EPHI in a designated record set that the Covered Entity directs or agrees to make pursuant to 45 CFR section 164.526 at the request of Covered Entity or an individual, and in the time and manner designated by Covered Entity. (h) Make internal practices, books, and records, including policies and procedures and PHI and EPHI, relating to the use and disclosure of PHI and EPHI received from, or created or received by Business Associate on behalf of, Covered Entity available to the Covered Entity, or to the Secretary (i.e., the Secretary of Health and Human Services [HHS], or to any officer or employee of HHS to the authority involved has been delegated), in a time and manner designated by the Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the law.
(i) Document disclosures of PHI and EPHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an individual for an accounting of disclosures in accordance with 45 CFR section164.528.
(j) Provide to Covered Entity or an individual, in the time and manner designated by Covered Entity, information collected of disclosures of PHI and EPHI, to permit Covered Entity to respond to a request by an individual for an accounting of disclosures in accordance with 45 CFR section 164.528.
(k) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI and EPHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity, as required by law. In addition, Business Associate shall ensure that any agent, including a subcontractor, to whom it provides PHI or EPHI agrees to implement reasonable and appropriate safeguards to protect it. (1) Ensure that all employees of Business Associate that handle or access PHI or EPHI undergo annual training regarding the safeguarding of PHI and EPHI. (m) To the extent Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of Title 45, Code of Federal Regulations, Part 164, comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations. (n) Business Associate will ensure than any agent, including a subcontractor, to whom it provides PHI or EPHI agrees in a written contract to implement and use administrative, physical and technical safeguards that reasonably protect the integrity and availability of the electronic protected health information.
Business Associates must enter into the written contract before any use or disclosure of PHI or EPHI by such agent or subcontractor. The written contract must identity Yolo County as a direct and intended third party beneficiary, with the right to enforce any breach of the contract concerning the use or disclosure of electronic protected health information. Business Associate will provide a copy of the written contract to the County upon request. The Business Associate Agreement or written contract will include notification of a breach of unsecured PHI as referenced in section 2d., above.
(o) Business Associate will comply with any reasonable policies and procedures Covered Entity implements to obtain compliance under HIPAA, the HITECH Act, HIPAA Regulations, and other applicable privacy and security laws.
70 EXHIBIT E – HIPAA COMPLIANCE & BUSINESS ASSOCIATE & QUALIFIED SERVICE
ORGANIZATION AGREEMENT ADDENDUM
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit E – Page 4 of 5
(p) To the extent that in performing its services for or on behalf of Covered Entity, Business Associate uses, discloses, maintains, or transmits PHI or EPHI that is patient identifying information protected by 42 USC section 290dd-2 and 42 42 CFR Part 2 (“Part 2 Regulations”) Business Associate acknowledges and agrees that:
(i) that it is a QSO as defined by 42 CFR Part 2 sections 2.11 and 2.12; (ii) in receiving, storing, processing or otherwise dealing with any such patient records, Business Associate is fully bound by the Part 2 Regulations and Business Associate shall comply in full with those requirements, including the prohibition against redisclosure; (iii) Business Associate will resist, in judicial proceedings or otherwise, any efforts to obtain access to patient records, except as permitted by the Part 2 regulations; and (iv) any unauthorized disclosure/redisclosure or use of information under the Part 2 regulations is a federal criminal offense.
3. Obligations of Covered Entity.
Covered Entity shall:
(a) Notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR section 164.520, to the extent that such limitation(s) may affect Business Associate’s use or disclosure of PHI and EPHI. (b) Notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI and EPHI, to the extent that such changes may affect Business Associate’s use or disclosure of PHI and EPHI.
(c) Notify Business Associate of any restriction to the use or disclosure of PHI and EPHI that Covered Entity has agreed to in accordance with 45 CFR section 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI and EPHI. (d) Not request Business Associate to use or disclose PHI and EPHI in any manner that would not be permissible under the law if done by Covered Entity. Consultant may use or disclose the CANS PHI for data aggregation or management and administrative activities of Business Associate as necessary to fulfill the terms of the main agreement and in accordance with and as permitted by with HIPAA, the HITECH Act, HIPAA Regulations, and other applicable privacy and security laws.
4. Term and Termination.
The provisions of this Addendum shall supersede the provisions of the Underlying Agreement insofar as they relate to the term and termination of the Underlying Agreement. (a) Term. The provisions of this Addendum shall be effective as of the Effective Date of the Underlying Agreement and shall terminate when all of the PHI and EPHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity or, if it is infeasible to return or destroy, protections are extended to such information, in accordance with the termination provisions in this Addendum.
(b) Termination for Cause. Upon County of Yolo’s knowledge of a material breach by Business Associate of the provisions of this Addendum, County of Yolo may terminate this Addendum and the Underlying Agreement immediately upon written notice. (c) Effect of Termination.
71 EXHIBIT E – HIPAA COMPLIANCE & BUSINESS ASSOCIATE & QUALIFIED SERVICE
ORGANIZATION AGREEMENT ADDENDUM
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit E – Page 5 of 5
(i) Except as provided in paragraph (ii) of this provision, upon termination of this Addendum and the Underlying Agreement, for any reason, Business Associate shall return, in a confidential manner, all PHI and EPHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI and EPHI that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of said PHI and EPHI.
Business Associate shall not destroy any PHI or EPHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity without the express written approval of Covered Entity.
(ii) In the event that Business Associate determines that returning the PHI and EPHI is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make its return infeasible. Upon the agreement of Covered Entity that return is infeasible, Business Associate shall extend the protections of this Addendum to such PHI and EPHI and limit further uses and disclosures to those purposes that make the return infeasible, for so long as Business Associate maintains such PHI and EPHI, or until Covered Entity authorizes it destruction.
5. Miscellaneous Terms:
(a) Mutual Representation and Warranty. Each party represents and warrants to the other party that all of its employees, agents, representatives and members of its work force, whose services may be used to fulfill obligations under the Underlying Agreement, are or will be appropriately informed of the terms of this Addendum and are under legal obligation to fully comply with all provisions of this Addendum.
(b) Survival. The respective rights and obligations of Business Associate under the provision of this Addendum shall survive the termination, expiration, or cancellation of the Underlying Agreement, regardless of reason.
(c) No Third-Party Beneficiaries. Nothing express or implied in the Underlying Agreement or this Addendum is intended to confer, nor will anything herein confer, upon any person other than the Parties hereto any rights, remedies, obligations, or liabilities whatsoever. (d) Notices. Any notices required or permitted to be sent pursuant to this Addendum will be in writing and will be sent, Certified Mail, Return Receipt Requested, or by a recognized international courier.
Notices will be sent to the addresses set forth above in the Terms and Conditions Exhibit of the Underlying Agreement, or to such other address as a party may designate by notice pursuant hereto.
Notices will be effective upon the date when delivery is either effected or refused. (e) Amendment. The Parties agree to take such action as is necessary to amend this Addendum and the Underlying Agreement from time to time as is necessary for Covered Entity to comply with HIPAA, the HITECH Act, HIPAA Regulations, Part 2 Regulations, and other applicable privacy and security laws.
(f) Interpretation. Any ambiguity in this Addendum and the Underlying Agreement shall be resolved to permit Covered Entity to comply with of HIPAA, the HITECH Act, HIPAA Regulations, Part 2 Regulations, and other applicable privacy and security laws. (g) Binding Effect. This Agreement shall be binding upon the Parties hereto, and their respective legal representatives, trustees, receivers, successors and permitted assigns. (h) Severability. Should any provision of this Agreement be found unenforceable, it shall be deemed severable and the balance of the Agreement shall continue in full force and effect as if the unenforceable provision had never been made a part hereof. 72 EXHIBIT F – PERFORMANCE MEASURES
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit F – Page 1 of 2
Behavioral Health Bridge Housing (BHBH)
Program City of West Sacramento Raul Huerta
Program Purpose
The purpose of this program is to expand the City of West Sacramento’s temporary emergency/interim housing program for homeless individuals who have behavioral health needs and/or substance use disorders, by adding thirty-one (31) beds at two locations.
Program
Information
Interim housing program (31 beds) for homeless individuals with serious behavioral health and/or substance use disorder needs.
PM1: How much did we do?
1.1 # Of Participants Served by BHBH Program
Demographics:
A. Age
B. Client Identified Gender
C. Race/Ethnicity
D. Sexual Orientation
E. Veterans served
1.2 # Of Participants Served by BHBH program broken down by condition A. Substance Use Disorder
B. Serious Mental Illness
C. Co-Occurring Disorders
D. Unconfirmed Diagnosis
1.3 # Of Participants served under BHBH that referred under Community Assistance Recovery and Empowerment (CARE) program
A. CARE Court: Total Number of Referral Received
B. CARE Court: Total number of participants enrolled into BHBH program
1.4 # Of Participants that received the following services broken down by type of service:
A. Case Management
B. Peer Services
C. Employment Assistance
D. Group and Individual Activities
E. Culturally Specific Practices
F. Wellness Check and Engagement Activities
G. Behavioral Health Services Referral to Yolo County Access Line PM2: How well did we do it?
2.1 % of BHBH participants that received a case plan
2.2 % of BHBH participants that were referred to the Yolo County Access line
2.3 % of BHBH participants that received employment assistance
2.4 % of BHBH participants that received culturally specific services
2.5 % of BHBH participants served that are in the overrepresented group in the homeless system of care
PM3: Is anyone better off?
3.1 # and % of participants that exit the BHBH Program to Permanent Housing
3.2 # and % of participants that exit the BHBH Program to Homeless
3.3 # and % of Participants that exit the BHBH Program to temporary housing 73 EXHIBIT F – PERFORMANCE MEASURES
Agreement between County of Yolo and City of West Sacramento FY2023-27 Exhibit F – Page 2 of 2
3.4 # and % of BHBH participants that self-report they have stabilized their behavioral health needs
3.5 # and % of participants that exited BHBH to “other” destinations (including unable to locate) A. Contractor shall track, maintain, and report data regarding the performance measures described above.
Contractor shall report the data to the County in the format specified by the County on the following quarterly schedule:
Quarter 1: July, August, September – report due Oct. 30th Quarter 2: October, November, December – report due Jan. 31st Quarter 3: January, February, March – report due April 30th Quarter 4: April, May, June – report due July 31st
B. Contractor shall submit the Performance Measures electronically via email to:
[email protected] and [email protected] 74 EXHIBIT G – CONTRACTOR CONFIDENTIALITY CERTIFICATION Agreement Between County of Yolo City of West Sacramento FY2023-27 Exhibit G – Page 1 of 1
By signing this Agreement, Contractor certifies and warrants its understanding and assurance of compliance with the following:
A. Contractor understands that the County via the Yolo County Health and Human Services Agency (“HHSA”) provides sensitive services and other services to clients that are protected by various privacy and confidentiality laws and regulations.
B. If, in the course of the provision of services under this Agreement, Contractor including but not limited to its officers, agents, employees, participants, and volunteers obtains any information, including seeing or overhearing any information about a current or former HHSA client/participant, this information is to be treated as private and confidential. This includes the fact that a person has visited an HHSA office or receives (or previously received) services from HHSA. Failure to keep this information confidential may be punishable as a misdemeanor crime.
C. Contractor agrees to inform and educate its officers, agents, employees, participants, and volunteers involved with the provision of services under this Agreement of these requirements. Any such officers, agents, employees, participants, and volunteers must sign and return an executed copy of the OFFICERS, AGENTS, EMPLOYEES, PARTICIPANTS, AND VOLUNTEERS CONFIDENTIALITY CERTIFICATION FORM, prior to their participation in the provision of the services under this Agreement.
D. The provisions of this Exhibit G shall survive the termination, expiration, or cancellation of this Agreement.
75 EXHIBIT H – OFFICERS, AGENTS, EMPLOYEES, PARTICIPANTS, AND VOLUNTEERS
CONFIDENTIALITY CERTIFICATION FORM
Agreement Between County of Yolo City of West Sacramento FY2023-27 Exhibit H – Page 1 of 1
I hereby acknowledge, by my signature below, that:
I understand the County of Yolo via its Health and Human Services Agency (“HHSA”) provides sensitive services and other services to clients that are protected by various privacy and confidentiality laws and regulations.
I understand if in the course of the provision of services under the Agreement between City of West Sacramento and the County of Yolo for the provision of a temporary emergency/interim housing program for homeless individuals who have behavioral health needs and/or substance use disorders through the Behavioral Health Bridge Housing (“BHBH”) Program (“the Agreement”), I will treat this information as private and confidential. This includes the fact that a person has visited an HHSA office or receives (or previously received) services from HHSA.
I understand my failure to keep any sensitive/protected County information confidential may be punishable as a misdemeanor crime.
I understand confidentiality must be maintained whether the any sensitive/protected County information is stored on paper or on computer or communicated orally or through any other means.
I understand I am not authorized to seek or deliberately obtain access to any client information, unless directly related to the provision of services under the Agreement.
I understand County employee information of a private or sensitive nature must also be treated as confidential, including but not limited to: employment records, job evaluations.
I understand it would be illegal for me to access computerized client or employee information without authorization of the County.
I understand unauthorized access or disclosure of client information, or any other confidential or proprietary information from the County, is unethical and/or illegal, and that it is grounds for disciplinary action, up to and including my immediate removal from the provision of services under the Agreement termination of the Agreement or any other agreement between City of West Sacramento and the County, and may be punishable as a misdemeanor crime.
I understand this duty of confidentiality and non-disclosure will survive the termination, expiration, or cancellation of the Agreement, my assignment to perform under the Agreement, and/or my employment or association with City of West Sacramento.
Name, Title and Signature of the Officer, Agents, Employees, Participants, or Volunteer (Print)____________________________________________Title___________________________ Signature_________________________________________ Date: __________________________ [End]
76 BOARD OF SUPERVISORS
Yolo County, California
To: HHSA
Fin. Svcs.
CONSENT CALENDAR
Excerpt of Minute Order No. 23-105 Item No. 25 , of the Board of Supervisors’ meeting of November 7, 2023.
MOTION: Provenza. SECOND: Vixie Sandy. AYES: Frerichs, Vixie Sandy, Provenza, Barajas, Villegas.
Approve and authorize the Yolo County Health and Human Services Agency Director, or designee, to sign agreement with Advocates for Human Potential in the amount of $4,132,715 for the period of June 23, 2023 through June 30, 2027 for the provision of Behavioral Health Bridge Housing services. (No general fund impact) (Sullivan)
Took the following action on Consent:
A. Approved and authorized the Yolo County Health and Human Services Agency Director, or designee, to sign agreement with Advocates for Human Potential (Yolo County Agreement No. 23-291) in the amount of $4,132,715 for the period of June 23, 2023 through June 30, 2027 for the provision of Behavioral Health Bridge Housing services; and
B. Authorized the Yolo County Health and Human Services Agency Director, or designee, to execute any amendments, including financial amendments and non-financial amendments, upon approval as to form by County Counsel.
25. 0
77 Consent-Health & Human Services Consent-Health & Human Services 25.
Board of Supervisors Adult & Aging
Meeting Date: 11/07/2023
Brief Title: Agreement with Advocates for Human Potential for Behavioral Health Bridge Housing Services
From: Nolan Sullivan, Director, Health and Human Services Agency Staff Contact: Samantha Fusselman, Adult and Aging Branch Director, Health and Human Services Agency, x2492
Supervisorial District Impact: Countywide
Subject
Approve and authorize the Yolo County Health and Human Services Agency Director, or designee, to sign agreement with Advocates for Human Potential in the amount of $4,132,715 for the period of June 23, 2023 through June 30, 2027 for the provision of Behavioral Health Bridge Housing services. (No general fund impact) (Sullivan) Recommended Action
A. Approve and authorize the Yolo County Health and Human Services Agency Director, or designee, to sign agreement with Advocates for Human Potential in the amount of $4,132,715 for the period of June 23, 2023 through June 30, 2027 for the provision of Behavioral Health Bridge Housing services; and B. Authorize the Yolo County Health and Human Services Agency Director, or designee, to execute any amendments, including financial amendments and non-financial amendments, upon approval as to form by County Counsel.
Strategic Plan Goal(s)
Thriving Residents
Safe Communities
Reason for Recommended Action/Background
The California Department of Health Care Services (DHCS) has awarded the County funding to operate bridge housing settings to address the immediate and sustainable housing needs of people experiencing homelessness who have serious behavioral health conditions, including serious mental illness (SMI) and/or substance use disorder (SUD). These services will include Shelter/Interim Housing, Rental Assistance, Housing Navigation, Auxiliary Funding in Assisted Living, and Outreach and engagement.
Performance Measures included in this Agreement are as follows:
This is a revenue agreement therefore this agreement does not contain County performance measures.
Collaborations (including Board advisory groups and external partner agencies) County Counsel has approved this Agreement as to form.
Competitive Bid Process/Vendor Performance
Not applicable to revenue agreements.
• e
County of Yolo WYIW. yolocou nty. org
To: The Chatr and Members of the Board of Supervisors
78 Fiscal Information
Fiscal impact (see budgetary detail below)
Fiscal Impact of this Expenditure
Total cost of recommended action $1,334,779
Amount budgeted for expenditure $1,334,779
Additional expenditure authority needed $0
On-going commitment (annual cost) $963,579
Source of Funds for this Expenditure
State funds $1,334,779
Further explanation as needed
No general funds are required by this action. The total amount of this action is up to $4,132,715 in revenue for the period of June 23, 2023 through June 30, 2027. The amount of $1,334,779 is included in the HHSA adopted budget for 2023-24. The related funding will be included in the requested budget process for future fiscal years.
Attachments
Att. A. Agreement
Form Review
Inbox Reviewed By Date
Nolan Sullivan Nolan Sullivan 10/30/2023 11:07 AM
Financial Services Matt Robertson 10/30/2023 01:14 PM
County Counsel Hope Welton 10/30/2023 01:21 PM
Cindy Perez Cindy Perez 10/31/2023 02:38 PM
Form Started By: Emily Covey Started On: 10/05/2023 12:43 PM Final Approval Date: 10/31/2023
79 Subcontract ID:
Effective Date:
Contractor:
SUBCONTRACT AGREEMENT
SUMMARY COVER SHEET
20456-CA BHBH-bhbh_633_bhbh_yolo_county
June 23 , 2023
ADVOCATES FOR HUMAN POTENTIAL, INC. (AHP)
490-b Boston Post Road, Sudbury, MA 01776-3365
Tel: (978) 443-0055 ♦ Fax: (978) 261-1467
AHP Contracting Officer: Charles Galland, CLC
[email protected]/978-261-1425
AHP Project Director: Deborah Werner
131 N. El Molino, Suite 380, Pasadena, CA 91101
Tel: 818-999-6985 (o) / [email protected]
AHP Direct Staff Contact: Michael Helmick
Deputy Project Director
131 N. El Molino, Suite 380, Pasadena, CA 91101
Tel: 323-843-2750 (c) / [email protected]
G-01
Subcontractor: County of Yolo, a political subdivision of the State of California, E] acting through its Department of Health and Human Services G Address:137 N. Cottonwood St., Woodland CA, 95695 G
Phone: 530 -661 -2685
Project Contact: Marisa Green G
Email address: [email protected] E] --------------- Prime Contract
Identification:
C Ii en t: California Department of Health Care Services Agreement No.: 22-20456
Contract Title: "Behavioral Health Bridge Housing (BHBH)" Program
Subcontract Type: Deliverable Based-Type Contract
Period of Performance: June 23, 2023 through June 30, 2027 Consideration/Budget: Professional Services NTE $4,132,715 Billing Terms: Monthly Invoicing, per Attachments C (SOW) and D (RATE
SCHEDULE)
Payment Terms: Payment remitted fifteen (15) business days after receipt of undisputed invoice.
Subcontract Cover Sheet
(This Page is not part of the Subcontract Agreement and is for Summary/Reference Purposes Only) 80 SUBCONTRACT AGREEMENT
20456-CA BHBH- bhbh_633_bhbh_yolo_county [3-01
THIS SUBCONTRACT AGREEMENT (the "Subcontract" or "Subcontract Agreement") is entered into by and between ADVOCATES FOR HUMAN POTENTIAL, INC., with offices located at 490-B Boston Post Road. Sudburv. MA 01776. ("AHP" or the "Contractor"), and County of Yolo, a political subdivision of the State of California, -------- acting through its Department of Health and Human Services ., with offices at 137 N. Cottonwood St., Woodland CA, 95695
(" _______________ " or the "Subcontractor" or "County
'Behavioral Health Agency"' or "County BHA," also referred to as a "BHA" and together with AHP, collectively the "Parties").
WITNESSETH:
WHEREAS the State of California through the Department of Health Care Services ("DHCS") is administering the Behavioral Health Bridge Housing Program ("BHBH Program"), including noncompetitive predetermined maximum funding to be awarded to county behavioral health agencies ("Behavioral Health Agencies" or "BHAs") in order to operate bridge housing settings to address the immediate and sustainable housing needs of people experiencing homelessness who have serious behavioral health conditions, including serious mental illness (SMI) and/or substance use disorder (SUD);
WHEREAS the BHBH Program, which was signed into law in September 2022 under Assembly Bill (AB) 179 (Ting, Chapter 249, Statutes of 2022), provided $1.5 billion in funding through June 30, 2027, to address the immediate housing and treatment needs of people experiencing unsheltered homelessness who have serious behavioral health conditions;
WHEREAS DHCS requires BHAs applying for funding to clearly demonstrate how they will reach these historically underserved client populations that are most in need of supportive services;
WHEREAS BHBH Program funding is available for all bridge housing costs including program implementation, outreach and engagement, bridge housing costs and bridge housing start-up infrastructure costs provided beds are made available within one-year of execution of this Agreement;
WHEREAS DHCS has engaged AHP, pursuant to Project No.: 22-20456, hereinafter the "Contract" or "Prime Contract," to serve as the administrative entity supporting the implementation of the BHBH Program, including reviewing BHBH program plans submitted by the BHAs (each a "BHBH Program Plan"), engaging additional consultants to support the BHBH Program implementation, and providing general grant training and technical assistance during the application process and throughout the life of the BHA's BHBH Program Plan; and
81 II
DocuSign Envelope ID: F6F2D8EB-E4AC-4D63-9F37-96CEB0BDDB5A WHEREAS AHP and Subcontractor desire and have agreed to enter this Subcontract 20456-CA BHBH-_ bhbh_633_bhbh_yolo_county -01 to assist in the implementation of the BHBH Program Plan of Subcontractor, and Subcontractor desires to pursue its BHBH Program Plan with DHCS acting through AHP pursuant to the Prime Contract.
NOW, THEREFORE, based upon the foregoing premises, and in consideration of the mutual covenants and agreements herein set forth, the Parties agree as follows :
This Subcontract, and its Attachments ( collectively, the "Agreement"), constitutes the entire agreement and understanding between the Parties as to the matters set forth herein. It supersedes all prior understandings, written or oral, between the Parties with respect to the subject matter hereof and has been induced by no representations, statements, or agreements other than those herein expressed . By accepting this Agreement, the Subcontractor agrees to be bound by all terms and conditions and provisions that may be incorporated by reference, and all other Attachments to this Agreement.
IN WITNESS THEREOF, the Parties hereto have executed this Agreement by their duly authorized respective officers as of the day and year last written below.
ADVOCATES FOR HUMAN
POTENTIAL, INC. ("AHP")
By: ~ :d1~J
CHARLES GALLAND, CHIEF LEGAL
COUNSEL
D t
10/ 3/ 2023
a e: -------------
County of Yolo
(" Yolo County
By: G ~""'"'""
(\,h~ ~ uiliv,.o.,\A,
D I 9683305DAB46E ...
Nolan Sullivan
Director HHSA
Date: 10; 3; 2023
")
20456-CA BHBH bhbh_633_bhbh_yolo_county -01
82 TABLE OF CONTENTS
20456-CA BHBH- bhbh_633_bhbh_yolo_county
SECTION
PAGE NO. 2
PAGE NO.
SECTION 1. PRIVITY OF CONTRACT ........................................................................... 4 SECTION 2. NATURE OF THE SUBCONTRACT ........................................................... 4
2.1 Type of Subcontract ............................................................................................... 4
2.2 Funding .................................................................................................................. 4 SECTION 3. SUBCONTRACTOR PERFORMANCE AND DELIVERY ........................... 5
3.1 Period of Performance ........................................................................................... 5
3.2 Time of the Essence ............................................................................................... 5
3.3 Delivery Schedule .................................................................................................. 5
3.4 BHBH Program Plan; Reporting and Monitoring .................................................... 6 SECTION 4. STATEMENT OF WORK/ START-UP INFRASTRUCTURE ...................... 6 SECTION 5. SUBCONTRACTOR TRAVEL .................................................................... 8 SECTION 6. CONTRACT ADMINISTRATION DATA ...................................................... 8
6.1 Contractor Representatives: .................................................................................. 8
6.2 Subcontractor Representatives .............................................................................. 9
6.3 Compensation, Billing Instructions, and Payment.. ................................................ 9
6.4 Final Payment and Closeout.. .............................................................................. 11 SECTION 7: CHANGES AND MODIFICATIONS .......................................................... 11 SECTION 8: CANCELLATION /TERMINATION ........................................................... 12 SECTION 9: SUBCONTRACTOR OBLIGATIONS ........................................................ 12 SECTION 10: DATA COLLECTION AND PERFORMANCE. ......................................... 13 SECTION 11: ORGANIZATIONAL CONFLICT OF INTEREST ..................................... 13 SECTION 12: INDEMINIFACTION ................................................................................ 14 SECTION 13: DISPUTES/APPLICABLE LAWS ............................................................ 14
13.1 Disputes ............................................................................................................. 14
13.2 Applicable Laws ................................................................................................. 15 SECTION 14: CERTIFICATIONS .................................................................................. 16 SECTION 15: RECORDS AND RECORD KEEPING .................................................... 17 SECTION 16: EXPENSE ALLOWABILITY/FISCAL DOCUMENTATION ....................... 17 SECTION 17: RECOVERY OF OVERPAYMENTS ....................................................... 18 SECTION 18: BEST EFFORTS .................................................................................... 18 LIST OF ATTACHMENTS .............................................................................................. 19 Attachment A- Standard Subcontract Terms and Conditions Attachment B - Special Terms and Conditions
Attachment C - Statement of Work
Attachment D - Rate Schedule
Attachment E - Intentionally Left Blank
Attachment F - Special Real Estate Requirements
Attachment G - Subcontractor Certification
Exhibit G - Executive Order Sanction Notification
83 SECTION 1. PRIVITY OF CONTRACT
This Agreement is funded in whole with funds from the State of California Department of Health Care Services ("DHCS" or "Client'') through DHCS's BHBH Program. Neither the DHCS nor any of its departments, agencies, or employees is or will be a party to this Agreement or any lower tier subcontract/consulting arrangement. No privity between DHCS and Subcontractor is established by this Agreement, and no privity exists between AHP, DHCS and Subcontractor under the Prime Contract.
SECTION 2. NATURE OF THE SUBCONTRACT
2.1 Type of Subcontract
This is a Deliverable Based-type Subcontract Agreement. Subcontractor's account system must be capable of allocating and segregating costs applicable to this Subcontract Agreement.
2.2 Funding
All amounts under this Subcontract Agreement reference US dollars. No costs will be incurred except those specifically proposed by the Subcontractor to and approved by AHP in the Subcontractor's Statement of Work, specified in Attachment C ("SOW"), and Subcontractor shall perform the work within the funding allocations/budget/rates, specified in Attachment D ("Rate Schedule").
This Subcontract Agreement is entered into, and the obligation to fund is made, based upon the appropriation under the Prime Contract. Should this appropriation or any funds allocated to the Prime Contract be reduced subsequent to the entering into this Subcontract Agreement or should the scope of the SOW be redirected by AHP or DHCS so as to affect the work envisioned to be subcontracted, AHP shall have the right to reduce the funds allocated to the Subcontractor pursuant to this Subcontractor Agreement or cease to provide funding to the extent that funds are no longer available under the Prime Contract to affect a termination (at its sole discretion) pursuant to the termination provisions of Section 8 of this Agreement.
2.3 This Agreement hereby incorporates by reference, the Request for Applications ("RFA"), Subcontractor's application in response to the RFA (the "Application") and Subcontractor's BHBH Program Plan or DHCS approved Program Plan update, including any associated budget, or DHCS approved associated budget update, incorporated in the BHBH Program Plan. Subcontractor shall comply with the terms and conditions outlined in the RFA, the Application, and Subcontractor's DHCS approved BHBH Program Plan or Program Plan update, including any associated budget, or DHCS approved budget update, incorporated therein.
Total funds currently available for payment and allotted to this Subcontract Agreement are NOT TO EXCEED (NTE) Four MILLION One HUNDRED
Thirty Two THOUSANDSeven HUNDRED Fifteen DOLLARS
($4,132,715 .)
84 SECTION 3. SUBCONTRACTOR PERFORMANCE AND DELIVERY
3.1 Period of Performance
The Base performance period is June 23, , 2023, through June 30, 2027, unless sooner terminated in accordance with the terms of this Subcontract Agreement.
Any extensions to the period of performance will be supported by a written modification to the Subcontract Agreement, and any changes or additions to the Agreement's SOW deliverables/days of performance shall be determined at that time.
BHBH Program funding must be spent no later than June 30, 2027. BHA funding will be monitored and paid through reimbursement invoicing, based on the achievement of identified milestones provided through required reporting, as outlined below. Changes to the BHBH Program Plan, including the timeline, and budget modifications will be accepted only by written request and must be approved by DHCS. BHA progress will be reviewed annually. If a county BHA is not on track to meet funding deliverables and spend its full contracted amount, DHCS reserves the right to redistribute those grant funds to other eligible county BHAs.
Whenever Subcontractor knows, or reasonably should know, that any actual or potential condition is under delay, or threatens to be under delay, of the timely performance of work, it shall, within ten (10) calendar days, provide AHP with written notice, including all relevant information with respect to the condition(s) and delay.
3.2 Time of the Essence
TIME IS OF THE ESSENCE in Subcontractor's performance of its obligations under this Agreement.
3.3 Delivery Schedule
Satisfactory performance of deliverables shall be deemed to occur upon delivery and acceptance by the Project Director or another appointed AHP Staff ("Staff') of the items as described in the SOW. All deliverables shall be submitted as directed by the Project Director or Staff. In no event shall Subcontractor submit a deliverable directly to the DHCS unless specifically directed to do so by the Project Director/AHP Direct Staff Contact or his/her designee or DHCS.
Upon request, a copy of all written deliverables shall also be delivered to:
Mr. Charles Galland, Chief Legal Counsel
Advocates for Human Potential, Inc.
490-8 Boston Post Road, Sudbury, MA 01776 I [email protected]
85 3.4 BHBH Program Plan: Reporting and Monitoring
Upon receipt of notice that a Subcontractor's Application is approved, the Subcontractor shall submit its BHBH Program Plan to AHP together with its SOW and payment Schedule as addendum for this Subcontract Agreement. The BHBH Program Plan must include the minimum County BHA program requirements as set forth by DHCS, the RFA, the BHBH Program Plan, and all other applicable local, state, and federal laws (collectively, the "Program Requirements"). The BHBH Program Plan shall include a monitoring and reporting plan that the Subcontractor is responsible for implementing.
Any amendment to the BHBH Program Plan must be submitted to AHP in writing and forwarded to and approved by DHCS. AHP shall notify the Subcontractor of DHCS' approval or disapproval of any amendment within fifteen (15) days of receipt of such approval or disapproval. No amendment to the BHBH Program Plan shall be valid until DHCS approves the same. The previously approved BHBH Program Plan shall remain in effect until approval is communicated to the Subcontractor by AHP via in accordance with the notice provisions of this Subcontract Agreement. Any approved amended BHBH Program Plan shall be incorporated into this Agreement upon such approval.
The Subcontractor shall comply with all reporting and monitoring requirements in the BHBH Program Plan, Program Requirements, or as directed by AHP and DHCS.
SECTION 4. STATEMENT OF WORK/ START-UP INFRASTRUCTURE
a) This Agreement is entered under the authority of and in furtherance of the BHBH Program and the RFA issued by DHCS and the Subcontractor's Application. In addition, this Agreement hereby incorporates by reference the Subcontractor's approved Application, BHBH Program Plan, any DHCS approved BHBH Program Plan update, budget, any DHCS approved budget update, and any report submitted by Subcontractor which has relied upon by AHP. b) Seventy-five percent (75%) of BHBH Program funding must be used for the costs of operating bridge housing, including shelter and interim housing, rental assistance, auxiliary funding for assisted living settings and housing navigation.
Up to twenty-five percent (25%) may be used for (i) Program Implementation, (ii) outreach and engagement, and/or (iii) bridge housing infrastructure start-up costs.
i. Bridge housing infrastructure start-up funding shall be limited to Seventyfive Thousand Dollars ($75,000) per bed and shall not exceed twenty-five percent (25%) of the total amount of BHBH program funds awarded under this Agreement. All bridge housing infrastructure start-up activities must be complete, and beds made available within one (1) year of execution of this Agreement. Subcontractor shall provide a schedule that demonstrates that the BHBH Project can be completed within the allowable timeline. ii. If the BHBH Program Plan requires the utilization of BHBH Program funds for the acquisition (or renovation) of real estate, then Subcontractor shall obtain the preapproval of DHCS, through AHP, and shall provide AHP with evidence of site control. "Site control" shall mean deeded ownership,
86 executed purchase and sale agreement, or other binding agreement to the satisfaction of AHP.
iii. Subcontractor is eligible to receive up to ninety percent (90%) of the costs of acquisition up front upon meeting site control documentation requirements set forth in this Section 4. Upon reconciliation of the expenditure of theses up-front funds, Subcontractor is then eligible to receive the balance of the BHBH Program funds for acquisition with reconciliation upon completion of the acquisition.
iv. If the BHBH Program Plan requires funds addressing the renovation of real estate, BHAs are eligible to receive up to fifty percent (50%) of the costs up front upon presentation of documentation that substantiates the expenditure. Upon reconciliation of the expenditure of these up-front funds, the BHA is then eligible to receive the next forty percent (40%) of renovation costs upon the reconciliation of same and a so called "desk review" conducted for all expenditures up to ninety percent (90%), with the balance of the BHBH Program funds with reconciliation upon completion of the remaining expenditures and project completion. Desk reviews under this Agreement shall be inclusive of the documentation required to be retained by the BHA and a random sampling of invoices/charges for expenditures.
v. In order to meet the one (1) year completion requirement, Subcontractor may begin incurring expenses (at its own risk) for reimbursement upon receipt of conditional award by DHCS.
c) For all other BHBH Program Plans, funding will be obtained in increments of twenty-five percent (25%) upon meeting the documentation requirements required by DHCS. BHBH Program projects are subject to review, annually, at AHP's and/or DHCS's sole determination.
d) The Subcontractor's BHBH Program funds as set forth herein shall be used solely for the purposes set forth within this Agreement, the BHBH Program Plan and as detailed in the SOW, contained herein. The Subcontractor shall be solely responsible for any costs to complete the BHBH Program Plan in excess of the funds awarded herein and as set forth in Attachment D. The Subcontractor shall return any excess or remaining BHBH Program funds to the State of California upon completion of its BHBH Program Plan.
e) Subcontractor is solely liable and responsible for any increases in costs that exceed those awarded to the Subcontractor under the BHBH Program. In the event costs exceed the award, the Subcontractor shall provide a financial plan, to AHP for review for an increase to its Program costs within thirty (30) days of having to pay for the additional costs. AHP, at the sole discretion of DHCS, will either approve or deny Subcontractor's request. Neither DHCS nor AHP are obligated to approve any request to increase funding and shall not be liable or responsible for any increased costs necessary for the Subcontractor to complete the BHBH Program Plan.
87 f) In the event AHP or DHCS determines the BHBH Program is behind schedule and/or may not meet funding deliverables, based upon the monitoring reports submitted by Subcontractor, AHP, at the sole discretion of DHCS, may refuse to disburse additional Program Funds and reduce the amount of the Program Funds.
g) Subcontractor, or any lower-tiered subcontractor or independent consultant, is solely responsible and liable for the Subcontractor's or any lower-tiered subcontractor or independent consultants, performance and compliance with the terms and conditions within this Agreement, and the BHBH Program requirements.
h) AHP reserves the right to subcontract with a third party in order to review and validate any requests for funding, site visits, inspections, reviews, or other items, AHP deems necessary and shall notify Subcontractor of the same. i) Subcontractor shall maintain an internal quality control program adequate to ensure that the requirements of this Agreement are fully satisfied throughout the term of this Agreement. The work of the Subcontractor and any of its subcontractors and consultants shall be performed in accordance with high standards of professional skill.
SECTION 5. SUBCONTRACTOR TRAVEL
a) Travel ~ is authorized under this Subcontract Agreement. b) Travel □ is not authorized under this Subcontract Agreement.
Please refer to "Travel and Per Diem Reimbursement" provisions set forth in Attachment B.
SECTION 6. CONTRACT ADMINISTRATION DATA
6.1 Contractor Representatives:
The following individual is designated as AH P's Contracting Officer, and is authorized to direct or negotiate any changes in the SOW, modify or extend the period of performance, change the delivery schedule, authorize reimbursement to Subcontractor of any costs incurred during the performance of this Agreement, or otherwise change any terms and conditions of this Agreement:
Mr. Charles Galland, Chief Legal Counsel
Advocates for Human Potential, Inc.
490-8 Boston Post Road, Sudbury, MA 01776
[email protected] / (978) 443-0055 x425
The following individual(s) is/are designated for purposes of administering the contractual progress of the Agreement, and for purposes of providing technical direction and guidance:
AHP Direct Staff Contact: Deborah Werner, Project Director
88 Nolan Sullivan, Director
[email protected]
Marisa Green, Adult and Aging Deputy Branch Director
[email protected], 530-661-2685
131 N. El Molino, Suite 380, Pasadena, CA 91101
Tel: 818-999-6985 (o) / [email protected]
6.2 Subcontractor Representatives:
The following individual is designated as Subcontractor's Contracting Officer and is authorized to conduct business, negotiate modifications and changes to any terms and conditions of this Agreement:
Name/Title
Email/phone
The following individual is designated as Subcontractor's Project Manager for purposes of administering this Agreement:
Name/Title
Email/phone
6.3 Compensation, Billing Instructions, and Payment
a) This is a Deliverables Based Subcontract Agreement, with a not to exceed ("NTE") amount of Four MILLION One HUNDRED Thirty Two
THOUSAND Seven HUNDRED Fifteen DOLLARS
($ 4,132,715 ). Subcontractor shall be paid in accordance with Attachment D. In addition, all Subcontractor costs are subject to allowability and reasonableness, and any restrictions contained in the Prime Contract. b) Invoices shall be submitted per Attachments C and D, no more frequently than quarterly, submitted on letterhead, and shall provide sufficient detail, including at least the following information on each invoice:
i. Subcontractor's Name
ii. Subcontractor's TIN/EIN
iii. Subcontract Agreement ID: 20456-CA BHBH- bhbh_633_bhbh_yolo_county iv. Invoice No.
v. Invoice Date
vi. AHP's Project & Billing Number(s) applicable to the tasks/deliverables invoiced, as per the SOW, attached.
vii. Amount Due on the Invoice.
viii.Other substantiating documentation or information as may be requested by AHP.
89 ix. An original signature of an authorized official of Subcontractor, with the following certification: "I hereby certify that all payments requested are for appropriate purposes and in accordance with the terms and conditions set forth in the Agreement between the Parties."
x. Name/title/telephone number of the person to contact in case of questions about the invoice.
xi. Name, title, phone number, and mailing address of official to whom payment is to be sent.
c) The cost of overnight or courier delivery of invoices are not reimbursable under this Subcontract.
d) Invoices shall be sent electronically to: [email protected]. Upon receipt of an Invoice, proper in form, and accepted and approved by AHP (approval of the Invoice shall mean that AHP's Project Director or assigned AHP staff has reviewed, accepted, and signed the Invoice), payment shall be remitted within fifteen (15) business days after receipt of undisputed invoice. All payment questions shall be addressed to AHP Accounts Payable at (978) 443-0055. e) Subcontractor's right to payment shall be contingent upon AHP's review of the Invoices and backup documentation provided for in this Agreement, together with any attachments, and that the review shall demonstrate the achievement of satisfactory performance against the SOW in Attachment C and the BHBH Program Plan. Should Subcontractor's lack of satisfactory performance endanger Subcontractor's ability to complete the BHBH Program Plan and SOW, a cure notice shall be issued to Subcontractor. Subcontractor shall respond in five (5) business days with a plan to cure such notice. Should the cure not be feasible, or if the cure fails within the agreed upon time frame, AHP may terminate the Subcontract Agreement immediately upon written notice.
f) Supporting Documentation: Subcontractor shall provide such supporting documentation for invoices as may be requested by AHP, or as may be necessary for compliance with AH P's billing to the Client.
g) In satisfaction of the Subcontractor's obligation to complete the task(s) called for in Attachment C, "Statement of Work," the Subcontractor shall provide the deliverable(s) specified within the period of performance of this Agreement. If, at any time, Subcontractor falls behind meeting the funding deliverables, disbursement of BHBH Program funds may be discontinued, and Subcontractor may not be entitled to any further disbursements of BHBH Program funds, at the sole discretion of DHCS.
h) Upon budget approval for all bridge housing infrastructure start-up costs, and an approved budget for BHBH Program Plan project, or any DHCS approved updates to those documents, AHP and DHCS may fund those costs based upon the two options described below:
90 i. Reimbursement for costs, submitted to AHP by invoice, incurred by Subcontractor that shall require approval by AHP. Subcontractor shall also submit reports and photos documenting the Program's progress; or ii. Advance payments in accordance with the approved BHBH Program funds and milestone schedules set forth in Section 4, above. Funds shall be disbursed upon AHP receiving and approving a cost reimbursement form from the Subcontract, together with any other reasonable documentation requested byAHP.
6.4 Final Payment and Closeout
Subcontractor must invoice for all final costs within ninety (90) days following completion of this Agreement and will provide all documentation necessary for a timely closeout of this Agreement including the submission of a "Final Invoice," a "Release of Claims," "Assignment of Refunds," and/or other closeout documents as may be required or reasonably requested by AHP. Payment of the Final Invoice may be withheld, pending completion and acceptance by AHP of all work performed, submission of all required documentation and/or substantiation of all work performed or delivered, and submission of all required administrative forms and technical reports. These rights and obligations shall survive the termination of this Subcontract Agreement.
SECTION 7: CHANGES AND MODIFICATIONS
a) AHP may at any time make unilateral changes, within the general scope of this Agreement, in the definition, time of performance, or quantity of services to be performed: provided however, any determination made by AHP shall not impose a substantial burden on the Subcontractor.
b) If any change causes an increase or decrease in the budgeted cost for performance of any part of the work under this Agreement, Subcontractor shall propose a new budget. Upon AHP and DHCS' approval of the revised budget, AHP shall issue a notice to the Subcontractor containing that revised budget. Subcontractor must assert any claim for adjustment under this clause within thirty (30) days from the date of receipt. If the Subcontractor fails to assert a claim for adjustment within thirty (30) days or if the Subcontractor does not have any claims for adjustment to assert, then the DHCS approved revised budget shall be incorporated into this Subcontract by reference, as so amended and accepted, and the Subcontractor shall comply with the terms of that DHCS approved revised budget, as if set forth in the original budget and a part of the original Attachment to this Subcontract. c) Failure to obtain approval under Section 7 of any adjustment on a timely request that is submitted within the thirty (30) day period allowed shall be deemed a dispute concerning a question of fact within the meaning of Section 13 of this Subcontract Agreement entitled "Disputes/Applicable Laws," below. Notwithstanding any failure to agree to any such adjustment, Subcontractor shall diligently proceed with the work as changed.
d) AHP and/or DHCS may request additional Subcontractor documentation, signatures, missing items, or omitted information during the response review process. AHP
91 and/or DHCS will advise the Subcontractor verbally, by fax, email or in writing of any documentation that is required and the submission timeline. Subcontractor's failure to submit the required documentation by the date and time indicated may cause AHP or DHCS to deem a response nonresponsive and eliminate it from further consideration.
e) The foregoing notwithstanding, should either Party desire during the term of this Agreement to change or modify a term, such changes or modifications shall be proposed in writing to the other Party, who will respond in writing within thirty (30) days of receipt as to whether the proposed change/modification is accepted or rejected. If accepted and after negotiations are concluded, the agreed upon changes shall be made consistent with the provisions of Section 7.
SECTION 8: CANCELLATION / TERMINATION
a) AHP may terminate this Agreement upon thirty (30) days' notice if the Prime Contract is terminated by DHCS, any breach under this Subcontract Agreement remains uncured per the provisions hereunder and/or AHP is directed by DHCS to terminate this Agreement.
b) Upon receipt of a notice of termination or cancellation from AHP, Subcontractor shall take immediate steps to stop performance and to cancel or reduce subsequent contract costs.
c) The Subcontractor shall be entitled to payment from all allowable costs authorized under this Agreement and incurred up to the date of termination or cancellation, including authorized non-cancelable obligations, provided such expenses do not exceed the stated maximum amounts payable. Upon termination of this Agreement for any reason, neither AHP nor DHCS shall be liable for any work that is not performed in accordance with this Agreement.
SECTION 9: SUBCONTRACTOR OBLIGATIONS
9.1 Subcontractor shall comply with all California and federal law, regulations, and published guidelines, to the extent that these authorities contain requirements applicable to Subcontractor's performance under this Agreement.
9.2 Subcontractor shall comply with all Program Requirements, including any related DHCS guidance, regulations, and/or subsequent additions or amendments thereto. Should these requirements change through state and/or federal statute or regulations, the Subcontractor shall maintain compliance with those requirements, as directed by AHP.
9.3 AHP may perform inspections, review procedures, documents pertaining to the SOW, the BHBH Program Plan and other elements of this Agreement, perform onsite visits, desk reviews to ensure Subcontractor's compliance with Sections 9.1 and 9.2, above, as well as protect against fraud, waste, and abuse.
9.4 In the event Subcontractor does not comply with Sections 9.1 and 9.2, above, AHP shall give notice in accordance with this Agreement and have all of the rights set forth in Section 8, above, and within the entirety of this Agreement.
92 9.5 Upon AHP's request or upon a determination of DHCS', Subcontractor shall allow DHCS and AHP to review Subcontractor's records to ensure funds were properly charged.
SECTION 10: DATA COLLECTION AND PERFORMANCE
10.1 Subcontractor is subject to any data collection and reporting requirements set forth by the Prime Contract when conveyed to the Subcontractor by AHP.
Subcontractor shall provide supporting documentation as may be requested by AHP, or as may be necessary for compliance with AH P's obligations to DHCS.
Additionally, Subcontractor shall comply with all reporting and monitoring requirements set forth in the BHBH Program Plan and the Program Requirements. The foregoing data collection and reporting requirements as well as the reporting and monitoring requirements herein are in addition to, and not in substitution of, any and all requirements set forth in this Agreement and this Section 10.1 is not intended to limit or reduce such requirements previously set forth in this Agreement.
10.2 Monitoring and Site Inspection
a) The Subcontractor shall be subject to monitoring by AHP and/or DHCS for compliance with the provisions of this Agreement. Such monitoring activities shall include, but are not limited to, inspection of the Subcontractor's procedures, books, and records, as AHP and/or DHCS deem appropriate. AHP and/or DHCS may conduct monitoring activities at any time during the Subcontractor's normal business hours.
b) AHP and/or DHCS may conduct reviews of the Subcontractor's records to determine if any of the claimed expenditures were an improper use of funds. c) The refusal of Subcontractor to permit access to physical facilities and/or inspection of any documents, files, books, or records necessary for AHP to complete its monitoring and inspection activities in accordance with this Section 10 constitutes an express and immediate material breach of this Agreement and will be a sufficient basis to terminate this Subcontract Agreement for cause pursuant to Section 8.
SECTION 11: ORGANIZATIONAL CONFLICT OF INTEREST
Subcontractor warrants to the best of its knowledge and belief at this time, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest ("OCI"), as defined in Federal Acquisition Regulations ("FAR") Subpart 9.5, or that Subcontractor has disclosed all such relevant information, and will disclose any actual or potential OCI that is discovered, including a description of activities that Subcontractor has taken or proposes to take, after consultation with the AHP Contracting Officer, to avoid the conflict. During the term of this Agreement, Subcontractor shall not enter into other contracts or arrangements or otherwise engage in work that will conflict with the Parties' relationship of trust and cooperation or that may otherwise conflict with the Subcontractor's obligations.
93 SECTION 12: INDEMINIFACTION
a) Subcontractor shall indemnify and hold harmless AHP and DHCS and their officers, employees and agents for any costs and expenses incurred, including reasonable attorneys' fees, judgments, settlements, or penalties, against all liabilities, claims, suits, demands or liens for damages to persons or property ("Claims," unless such Claims arise from the gross negligence or willful misconduct of AHP or DHCS), arising out of, resulting from, or relating to, the following:
i. Any act, omission, or statement of the Subcontractor, or any person employed by or engaged under contract with the Subcontractor that results in injury (including death), loss, or damage to any person or property; ii. Any failure on the part of the Subcontractor to comply with applicable government requirements and requirements of law;
iii. The failure to maintain the insurance policies required by this Subcontract Agreement, or the work performed, inclusive of Intellectual Property infringement, if applicable, under this Subcontract Agreement. Insurance coverage that may be required shall in no way lessen or limit the liability of Subcontractor under the terms of this obligation;
iv. Any failure on the part of the Subcontractor to satisfy all claims for labor, equipment, materials, and other obligations relating to the performance of the work hereunder;
v. Any injury to property or person occurring on or about the infrastructure or the property of Subcontractor;
vi. Any actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this Agreement, provided the Subcontractor is reasonably notified of such claims and proceedings; and vii. Any actual or alleged unauthorized use or disclosure of any trade secret, confidential information or other proprietary interest, work product, or other information owned by the Government, DHCS or AHP under the terms of this Agreement.
b) Subcontractor shall indemnify under this Section 12 for any of the above acts attributable to its employees, consultants, agents, and/or lower-tiered subcontractors/independent consultants engaged in performance of the work under this Agreement.
c) This indemnification shall survive the expiration or termination of the Agreement.
SECTION 13: DISPUTES/APPLICABLE LAWS
13.1 Disputes
Any dispute arising out of, or relating to, this Agreement that is not resolved by the good faith efforts of the Parties, shall be settled by submission to a panel consisting of one arbitrator under the Commercial Rules of the American Arbitration Association ("AAA").
94 The Parties shall bear equally the costs assessed by the AAA, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Venue for the arbitration shall be in [ ] County, California. The decision of the arbitrator shall be final, conclusive, and unappealable, except in the event of fraud or the arbitrator's failure to disclose a material conflict of interest. The prevailing Party, in addition to any damages awarded by the arbitrator, shall be entitled to costs and reasonable attorneys' fees, the amount of which shall be determined by the arbitrator, in the event the Parties are unable to agree.
[]check-the-Box if Subcontractor is electing to institute a legal action or other court proceeding with respect to any dispute arising out of, or relating to, this Agreement that is not resolved by the good faith efforts of the Parties (herein, the "Dispute"). Upon such election, the Dispute shall be adjudicated in any court of competent jurisdiction over the matter in [ ] County, California. The prevailing party in a final, nonappealable judgement regarding the Dispute is entitled to receive, and the nonprevailing party shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and reasonable attorneys' fees, the amount of which shall be determined by the court, in the event the Parties are unable to agree.
13.2 Applicable Laws
Subcontractor agrees to comply with the applicable provisions of federal, state, and local laws or ordinances, and all orders, rules, and regulations issued thereunder, and in such a manner that the name of the other party will not be discredited. Where a FAR provision or clause, or any other federal statute, regulation, or clause is incorporated in or applicable to this Agreement or work being performed under it, federal law shall govern the interpretation and application thereof. If federal law is not applicable, the appropriate law of the State of California shall apply, exclusive of that body of laws known as conflicts of law. This Section 13 shall survive the expiration or termination of the Subcontract Agreement.
a) If the Subcontractor fails to comply with federal statutes, regulations, or terms and conditions of this Agreement, AHP may impose additional conditions on the Subcontractor, including:
i. Withholding authority to proceed to the next phase until receipt of evidence acceptable of performance within a given performance period ii. Requiring additional or more detailed financial reports; iii. Requiring technical or management assistance; and/or iv. Establishing additional prior approvals.
b) In the eventAHP and/or DHCS determines that the Subcontractor's noncompliance cannot be remedied by imposing additional conditions, AHP may take one or more of the following actions:
i. Temporarily withhold cash payments pending correction of the deficiency by the Subcontractor.
ii. Disallow all or part of the cost of the activity or action not in compliance.
95 iii. Wholly or partly suspend the Subcontract Agreement activities or terminate the Subcontract Agreement.
iv. Withhold further agreements.
v. Take any and all other remedies that may be legally available.
SECTION 14: CERTIFICATIONS
By signature to this Subcontract Agreement, Subcontractor makes the following Representations and Certifications:
a) Debarment and Suspension: Neither Subcontractor nor any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible nor voluntarily excluded by any Federal department or agency from participating in transactions. Any change in the debarred or suspended status of the Subcontractor during the life of this Subcontract Agreement will be reported immediately to AHP. Subcontractor shall incorporate this Debarment and Suspension certification into any subcontract that it may enter into as a part of this Subcontract.
b) Prohibition To Perform Duties: Subcontractor is not prohibited, precluded, or restricted from performing the duties required under the SOW and the BHBH Program Plan, due to previous employment obligations, restrictions, commitments, or agreements that Subcontractor has with any other federal, state, and local government agency.
c) Federal Civil Rights Act/Equal Opportunity: Subcontractor will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, and will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, or national origin.
d) Labor Laws: Subcontractor certifies that it complies with all applicable labor laws, including, but not limited to, the Walsh-Healy Act and the Contract Work Hours and Safety Standards Act (41 U.S.C. 51-58) regarding overtime compensation. e) Americans with Disabilities Act: Subcontractor agrees to ensure that deliverables developed and produced, pursuant to this Agreement shall comply with the accessibility requirements of Section 508 of the Rehabilitation Act and Americans with Disabilities Act of 1973 as amended (29 U.S.C 794(d)) and regulations implementing that Act as set forth in in Part 1194 of Title 36 of the Federal Code of Regulations. In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. California Government Code section 11135 codifies section 508 of the ACT requiring accessibility of electronic and information technology.
f) Employee Compliance: Subcontractor will require all employees, entities and individuals providing services in connection with the performance of this Subcontract to comply with the provisions of this Agreement and with all Federal, State, and local laws and regulations in connection with this work. g) Code of Ethics: Subcontractor has a Code of Ethics addressing at least the following areas: accurate accounting records and reporting; gifts and entertainment to Government customers; hiring of former government employees; protection of Government proprietary and source selection
96 information; extending and receiving business courtesies; and personal and organization conflicts of interest.
h) Age Discrimination Act of 1975 (45 CFR Part 90).
i) Section 1557 of the Affordable Care Act.
j) Trafficking Victims Protection Act of 2000 (22 USC 7104(G), as amended, and 2 k) CFR Part 175.
I) Clean Air Act (42 USC 7 401-7671 q) and the Federal Water Pollution Control ACT (33 USC 1251-1387), as amended.
m) Byrd Anti-Lobbying Amendment (31 USC 1352): The Subcontractor shall certify to DHCS that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an office or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. The Subcontractor shall also disclose to DHCS any lobbying with non-Federal funds that takes place in connection with obtaining any Federal Award. n) Confidentiality of Substance Use Disorder Patient Records: (42 CFR Part 2, Subparts A-E). The Subcontractor shall comply with the regulation set forth in 42 CFR Part 2, Subparts A-E, including the responsibility for assuring the security and confidentiality of all electronically transmitted patient material.
SECTION 15: RECORDS AND RECORD KEEPING
a) The Subcontractor shall retain all financial records, supporting documents, statistical records, and all other pertinent records in accordance with 45 CFR Section 75.361.
b) AHP, SAMHSA, the Inspector General, the Controller General, and DHCS, as applicable, or any of its authorized representatives, have the right to access any pertinent documents, papers, or other records of the Subcontractor, for the purpose of performing audits, examinations, excerpts, and transcripts. The right to access records also includes timely and reasonable access to the Subcontractor's personnel for the purpose of interview and discussion related to the requested documents.
c) The right to access records is not limited to the required retention period but lasts as long as the records are retained by the Subcontractor.
SECTION 16: EXPENSE ALLOWABILITY/FISCAL DOCUMENTATION
a) Invoices, received from a Subcontractor and accepted and/or submitted for payment by AHP, shall not be deemed evidence of allowable agreement costs under this Subcontractor Agreement.
b) The Subcontractor shall maintain for review and audit and supply to AHP upon request, adequate documentation of all expenses claimed pursuant to this Agreement to permit a determination of expense allowability. c) If the allowability or appropriateness of an expense cannot be determined by AHP because invoice detail, fiscal records, or backup documentation is nonexistent or inadequate according to generally accepted accounting principles or practices, all questionable costs may be disallowed, and payment may be withheld by AHP. Upon receipt of adequate documentation supporting a
97 disallowed or questionable expense, reimbursement may resume for the amount substantiated and deemed allowable.
d) Costs and/or expenses deemed unallowable are subject to recovery by AHP. See Section 17. "Recovery of Overpayments," below, for more information.
SECTION 17: RECOVERY OF OVERPAYMENTS
a) Subcontractor agrees that claims based upon a contractual agreement or an audit finding and/or an audit finding that is appealed and upheld, will be recovered by AHP by one of the following options:
i. Subcontractor's remittance to AHP of the full amount of the audit exception within thirty (30) days following AHP request for payment; or ii. A repayment schedule which is agreeable to both AHP and the Subcontractor.
b) AHP reserves the right to select which option will be employed and the Subcontractor will be notified by AHP in writing of the claim procedure to be utilized.
c) Interest on the unpaid balance of the audit finding or debt will accrue at a rate equal to the monthly average of the rate received on investments in the California State Treasurer's Pooled Money Investment Fund commencing on the date that an audit or examination finding is mailed to the Subcontractor, beginning thirty (30) days after the Subcontractor's receipt of AH P's demand for repayment. d) If the Subcontractor has filed a valid appeal regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision on the appeal has been reached. If the Subcontractor loses the final administrative appeal, the Subcontractor shall repay, to AHP, the over-claimed or disallowed expenses, plus accrued interest. Interest accrues from the Subcontractor's first receipt of AH P's notice requesting reimbursement of questioned audit costs or disallowed expenses.
SECTION 18: BEST EFFORTS
During the term of this Agreement, Subcontractor shall use Best Efforts in order to satisfy all the requirements of the Work to be performed under this Agreement, Attachment C, and the BHBH Program Plan.
THIS AGREEMENT CONSISTS OF EIGHTEEN (18) TYPEWRITTEN PAGES, TOGETHER WITH THE ATTACHMENTS IDENTIFIED BELOW ON PAGE 19 ("LIST OF ATTACHMENTS") AND COMMENCING ON PAGE 20 WITH ATTACHMENT A,
STANDARD SUBCONTRACT TERMS AND CONDITIONS, AND ALL OF WHICH ARE HEREBY INCORPORATED INTO THIS SUBCONTRACT AGREEMENT.
98 LIST OF ATTACHMENTS
TITLE
Attachment A- Standard Subcontract Terms and Conditions Attachment B - Special Terms and Conditions
Attachment C - Statement of Work
Attachment D - Rate Schedule
Attachment E - Intentionally Left Blank
Attachment F - Special Real Estate Requirements
Attachment G - Subcontractor Certification
Exhibit G - EO Sanction Notification
No. of Pages
1 25
1 1
1 7
7 1
-01
99 ATTACHMENT A-STANDARD SUBCONTRACT TERMS AND CONDITIONS Headings: Headings are for convenience of reference only and shall in no way affect interpretation of this Agreement.
Independent Contractor: Subcontractor is engaged as an independent contractor, and this Agreement shall not be construed as creating any other relationship. Subcontractor shall comply with all laws and assume all risks incident to its status as independent contractor, and necessary to comply with specific requirements of this Agreement, including, but not limited to, payment of all applicable federal/state income taxes, associated payroll/business taxes, and licenses and fees, as applicable.
No Agency: Subcontractor, its employees, agents or assigns, shall not represent, act or purport to act, or be deemed to be an agent, representative, or employee of AHP, or commit or obligate AHP to any other person or party.
No Assignment: This Agreement, or any duties/obligations imposed shall not be assigned, delegated, or otherwise transferred.
Changes to be Made in Writing: Unless otherwise specified that AHP may make a unilateral modification, no understanding, agreement, modification, change order, or other matter affecting this Subcontract shall be binding, unless in writing, signed by both Parties' Contracting Officer. No handwritten changes shall be effective unless initialed by each Contracting Officer.
Limitation of Liability upon Termination: AHP's maximum aggregate liability to Subcontractor is limited to the total dollar amount of work properly performed by Subcontractor up to the effective date of termination, together with any authorized travel, or authorized expenses incurred under the Subcontract that cannot be canceled. AHP is not liable for any special, indirect, incidental, consequential, or punitive damages, nor for any loss of goodwill, profits, data, or loss of use arising out of, resulting from, or in any way connected with the performance or breach of this Subcontract, even if advised of the possibility of such damages.
Force Majeure: Neither Party shall be liable to the other for loss or damages due to failure or delay in rendering performance caused by circumstances beyond its reasonable control, if such failure could not have been overcome by the exercise of due diligence, due care, or foresight. Causes may include, but are not limited to, acts of God or a public enemy; wars; acts of terrorism; riots; fires; floods; epidemics; quarantine restrictions; labor disputes; strikes; defaults of subcontractors/vendors; failure/delays in transportation; unforeseen freight embargoes; unusually severe weather; or any law/order/regulation/request of a state or local governmental entity, the US Government, or of any agency, court, commission, or other instrumentality of any such governments. Times of performance under this Agreement may be appropriately extended for excused delays if the Party whose performance is affected promptly notifies the other of the existence and nature of such delay.
Scientific Misconduct: Subcontractor shall immediately report to AHP any instance of scientific misconduct or fraud related to performance of work under this Agreement.
Notices: Notices shall be in writing, sent by USPS Certified Mail-RRR, or any overnight delivery/courier service, and notice shall be deemed given when personally delivered, (or three (3) days after being sent by prepaid certified U.S. mail).
Litigation: Subcontractor shall provide written notice to AHP of any litigation that relates to this Subcontract, or that has the potential to impair its ability to fulfill this Contract, including but not limited to. Financial, legal, or other situations.
Publicity: Without prior written approval of the other, neither Party shall use the other's name or make reference to the other Party or any of its employees in publications, news releases, advertising, speeches, technical papers, photographs, sales promotions, or publicity purposes of any form related to this work or data developed hereunder, unless disclosure of such materials is required by legal, accounting, or regulatory requirements beyond the disclosing Party's reasonable control. Use of either Party's name may be made in internal documents, annual reports, proposals, etc. which may identify the existence of the project by title, principal investigator or project director, sponsor, period of funding, amount of award and brief abstract of the project. This section shall survive expiration/termination of this Subcontract Agreement.
Restrictions on Hiring: During the period of this Agreement, and for a period of two (2) years after its termination, neither Party shall directly or indirectly, induce or solicit (or authorize or assist in the taking of any such actions by any third party) any employee or consultant of the other Party to leave his/her business association with that Party. Parties are not restricted in the right to solicit or recruit generally in the media.
Survival: Except as otherwise stated, sections that by their terms impose continuing obligations or establish continuing rights shall be deemed to survive the expiration/termination of this Subcontract.
Validity and Waiver: The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions. Waiver of a breach of any provision shall not constitute a waiver of any subsequent breach of that provision, or a breach of any other provision. AH P's failure to enforce any provision of this Agreement shall not be construed as a waiver. Only AHP's Contracting Officer has the authority to waive any term or condition of this Subcontract on behalf of AHP.
Interpretation: This Contract shall be interpreted and construed in accordance with its fair meaning, and not strictly for or against either Party, regardless of who may have drafted it or any specific provision.
Counterparts/Other Instruments: The Parties may execute this Contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. The Parties shall properly make, execute, and deliver such other and further instruments as may be reasonable, necessary, desirable, or convenient to give full force and effect to this Agreement.
Binding Effect: This Agreement shall be binding upon the Parties, their successors, and assigns.
ATTACHMENT A STANDARD TERMS AND CONDITIONS
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Attachment B
Special Terms and Conditions
(Under DHCS Agreement No. 22-20456-BHBH)
Waiver of Terms and Conditions. It is understood that DHCS may, in its sole discretion, through AHP and the Subcontractor's BHBH Program Plan, waive, in whole or in part, in writing any of the terms and provisions of this Attachment B. Any such waiver shall be in writing and without prejudice to DHCS's rights in respect of any other terms or provisions therein. Except as specifically set forth in writing, no further waivers of any terms or provisions contained in this Attachment B shall be construed as a waiver of any subsequent terms or provisions herein.
1. Travel and Per Diem Reimbursement
2. Site Inspection
3. Intellectual Property Rights
4. Left intentionally blank
5. Confidentiality of Information
6. Documents, Publications and Written Reports
7. Subcontract Requirements
8. Left intentionally blank
9. Performance Evaluation
10. Progress Reports or Meetings
11 . Progress Payment Withholds
12. Left intentionally blank
ATTACHMENT B SPECIAL TERMS AND CONDITIONS
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13. Legal Services Contract Requirements
14. Four-Digit Date Compliance
15. Prohibited Use of State Funds for Software
16. Insurance Requirements
17. Procurement Rules
18. Equipment/Property Ownership/ Inventory/ Disposition
19. Left intentionally blank
20. Suspension or Stop Work Notification
21. Public Communications
22. Audit and Record Retention
1. Travel and Per Diem Reimbursement
(Applicable if travel and/or per diem expenses are reimbursed with contract funds.) Reimbursement for travel and per diem expenses from the Department of Health Care Services (DHCS) under this Agreement shall, unless otherwise specified in this Agreement, be at the rates currently in effect, as established by the California Department of Human Resources (CalHR), for non-represented state employees as stipulated in DHCS' Travel Reimbursement Information Exhibit. If the CalHR rates change during the term of the Agreement, the new rates shall apply upon their effective date and no amendment to this Agreement shall be necessary.
Exceptions to CalHR rates may be approved by DHCS upon the submission of a statement by the Subcontractor indicating that such rates are not available to the Subcontractor. No travel outside the State of California shall be reimbursed without prior authorization from DHCS. Verbal authorization should be confirmed in writing. Written authorization may be in a form including fax or email confirmation.
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2. Site Inspection
The State, DHCS or AHP, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities and the premises in which it is being performed. If any inspection or evaluation is made of the premises of the Subcontractor or its location being funded by DHCS, Subcontractor, shall provide and shall require any of their Subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the authorized representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.
3. Intellectual Property Rights
a) Ownership
i. Except where DHCS has agreed in a signed writing to accept a license, DHCS shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all Intellectual Property, from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Subcontractor or DHCS and which result directly or indirectly from this Agreement. ii. For the purposes of this Agreement, Intellectual Property means recognized protectable rights and interest such as: patents, (whether or not issued) copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will and all other legal rights protecting intangible proprietary information as may exist now and/or here after come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other state, country or jurisdiction.
iii. For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. Works does not include articles submitted to peer review or reference journals or independent research projects.
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iv. In the performance of this Agreement, Subcontractor will exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this Agreement. In addition, under this Agreement, Subcontractor may access and utilize certain of DHCS' Intellectual Property in existence prior to the effective date of this Agreement. Except as otherwise set forth herein, Subcontractor shall not use any of AHP's or DHCS' Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of DHCS. Except as otherwise set forth herein, neither the Subcontractor nor DHCS shall give any ownership interest in or rights to its Intellectual Property to the other Party. If during the term of this Agreement, Subcontractor accesses any third-party Intellectual Property that is licensed to DHCS, Subcontractor agrees to abide by all license and confidentiality restrictions applicable to DHCS in the third- party's license agreement. v. Subcontractor agrees to cooperate with AHP and/or DHCS in establishing or maintaining DHCS' exclusive rights in the Intellectual Property, and in assuring DHCS' sole rights against third parties with respect to the Intellectual Property. If the Subcontractor enters into any agreements or subcontracts with other parties in order to perform this Agreement, Subcontractor shall require the terms of the Agreement(s) to include all Intellectual Property provisions. Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to DHCS all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, Subcontractor or DHCS and which result directly or indirectly from this Agreement, or any subcontract entered into by Subcontractor.
vi. Subcontractor further agrees to assist and cooperate with AHP and/or DHCS in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce DHCS' Intellectual Property rights and interests.
b) Retained Rights/ License Rights
i. Except for Intellectual Property made, conceived, derived from, or reduced to practice by Subcontractor or DHCS and which result directly or indirectly from this Agreement, Subcontractor shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this Agreement. Subcontractor hereby grants to DHCS, without additional compensation, a permanent, non-exclusive, royalty free, paid-up, worldwide, irrevocable, perpetual, non-terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display/perform, distribute, and dispose Subcontractor's Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from this Agreement, unless Subcontractor assigns all rights, title and interest in the Intellectual Property as set forth herein.
ii. Nothing in this provision shall restrict, limit, or otherwise prevent Subcontractor from using any ideas, concepts, know-how, methodology or
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techniques related to its performance under this Agreement, provided that Subcontractor's use does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of DHCS or third party, or result in a breach or default of any provisions of this Exhibit or result in a breach of any provisions of law relating to confidentiality. c) Copyright
i. Subcontractor agrees that for purposes of copyright law, all works [as defined in Section a, subparagraph (2)(a)] of authorship made by or on behalf of Subcontractor in connection with Subcontractor's performance of this Agreement shall be deemed "works made for hire". Subcontractor further agrees that the work of each person utilized by Subcontractor in connection with the performance of this Agreement will be a "work made for hire," whether that person is an employee of Subcontractor or that person has entered into an agreement with Subcontractor to perform the work.
Subcontractor shall enter into a written agreement with any such person that:
(i) all work performed for Subcontractor shall be deemed a "work made for hire" under the Copyright Act and (ii) that person shall assign all right, title, and interest to DHCS to any work product made, conceived, derived from, or reduced to practice by Subcontractor or DHCS and which result directly or indirectly from this Agreement.
ii. All materials, including, but not limited to, visual works or text, reproduced or distributed pursuant to this Agreement that include Intellectual Property made, conceived, derived from, or reduced to practice by Subcontractor or DHCS and which result directly or indirectly from this Agreement, shall include DHCS' notice of copyright, which shall read in 3mm or larger typeface: "© [Enter Current Year e.g., 2023, etc.], California Department of Health Care Services. This material may not be reproduced or disseminated without prior written permission from the California Department of Health Care Services." This notice should be placed prominently on the materials and set apart from other matter on the page where it appears. Audio productions shall contain a similar audio notice of copyright. d) Patent Rights
i. With respect to inventions made by Subcontractor in the performance of this Agreement, which did not result from research and development specifically, included in the Agreement's scope of work, Subcontractor hereby grants to DHCS a license as described under Paragraph b of this provision for devices or material incorporating, or made through the use of such inventions. ii. If such inventions result from research and development work specifically included within the Agreement's scope of work, then Subcontractor agrees to assign to DHCS, without additional compensation, all its right, title, and interest in and to such inventions and to assist DHCS in securing United States and foreign patents with respect thereto.
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e) Third-Party Intellectual Property
Except as provided herein, Subcontractor agrees that its performance of this Agreement shall not be dependent upon or include any Intellectual Property of Subcontractor or third party without first: (i) obtaining AHP and DHCS' prior written approval; and (ii) granting to or obtaining for AHP and DHCS, without additional compensation, a license, as described in Paragraph b of this provision, for any of Subcontractor's or third-party's Intellectual Property in existence prior to the effective date of this Agreement. If such a license upon these terms is unattainable, and AHP and DHCS determines that the Intellectual Property should be included in or is required for Subcontractor's performance of this Agreement, Subcontractor shall obtain a license under terms acceptable to AHP and DHCS.
f) Warranties
Subcontractor represents and warrants that:
i. It is free to enter into and fully perform this Agreement. ii. It has secured and will secure all rights and licenses necessary for its performance of this Agreement.
iii. Neither Subcontractor's performance of this Agreement, nor the exercise by either Party of the rights granted in this Agreement, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subcontractor or DHCS and which result directly or indirectly from this Agreement will infringe upon or violate any Intellectual Property right, non-disclosure obligation, or other proprietary right or interest of any third-party or entity now existing under the laws of, or hereafter existing or issued by, any state, the United States, or any foreign country. There is currently no actual or threatened claim by any such third party based on an alleged violation of any such right by Subcontractor.
iv. Neither Subcontractor's performance nor any part of its performance will violate the right of privacy of or constitute a libel or slander against any person or entity.
v. It has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers, or releases from all authors of music or performances used, and talent (radio, television, and motion picture talent), owners of any interest in and to real estate, sites, locations, property or props that may be used or shown.
vi. It has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to DHCS in this Agreement.
vii. It has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
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viii. It has no knowledge of any outstanding claims, licenses or other charges, liens, or encumbrances of any kind or nature whatsoever that could affect in any way Subcontractor's performance of this Agreement. ix. DHCS makes no warranty that the intellectual property resulting from this agreement does not infringe upon any patent, trademark, copyright, or the like, now existing or subsequently issued.
g) Intellectual Property Indemnity
i. Subcontractor shall indemnify, defend and hold harmless AHP and DHCS and its licensees and assignees, and its officers, directors, employees, agents, representatives, successors, and users of its products, ("lndemnitees") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim, action, or proceeding, commenced or threatened) to which any of the lndemnitees may be subject, whether or not Subcontractor is a party to any pending or threatened litigation, which arise out of or are related to (1) the incorrectness or breach of any of the representations, warranties, covenants or agreements of Subcontractor pertaining to Intellectual Property; or (2) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of DHCS' use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subcontractor or DHCS and which result directly or indirectly from this Agreement. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that issued after the effective date of this Agreement. DHCS reserves the right to participate in and/or control, at Subcontractor's expense, any such infringement action brought against DHCS.
ii. Should any Intellectual Property licensed by the Subcontractor to DHCS under this Agreement become the subject of an Intellectual Property infringement claim, Subcontractor will exercise its authority reasonably and in good faith to preserve DHCS' right to use the licensed Intellectual Property in accordance with this Agreement at no expense to DHCS. DHCS shall have the right to monitor and appear through its own counsel (at Subcontractor's expense) in any such claim or action. In the defense or settlement of the claim, Subcontractor may obtain the right for DHCS to continue using the licensed Intellectual Property; or replace or modify the licensed Intellectual Property so that the replaced or modified Intellectual Property becomes non-infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, DHCS shall be entitled to a refund of all monies paid under this Agreement, without
ATTACHMENT B SPECIAL TERMS AND CONDITIONS
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restriction or limitation of any other rights and remedies available at law or in equity.
iii. Subcontractor agrees that damages alone would be inadequate to compensate AHP or DHCS for breach of any term of this Section 4 by Subcontractor. Subcontractor acknowledges AHP and/or DHCS would suffer irreparable harm in the event of such breach and agrees AHP and/or DHCS shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. h) Federal Funding
In any agreement funded in whole or in part by the federal government, DHCS may acquire and maintain the Intellectual Property rights, title, and ownership, which results directly or indirectly from the Agreement; except as provided in 37 Code of Federal Regulations part 401.14; however, the federal government shall have a non-exclusive, nontransferable, irrevocable, paid-up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in any manner for governmental purposes and to have and permit others to do so.
i) Survival
The provisions set forth herein shall survive any termination or expiration of this Agreement or any project schedule.
4. Left intentionally blank
5. Confidentiality of Information
(a) The Subcontractor and its employees, agents, or subcontractors shall protect from unauthorized disclosure names and other identifying information concerning persons either receiving services pursuant to this Agreement or persons whose names or identifying information become available or are disclosed to the Subcontractor, its employees, agents, or subcontractors as a result of services performed under this Agreement, except for statistical information not identifying any such person.
(b) The Subcontractor and its employees, agents, or subcontractors shall not use such identifying information for any purpose other than carrying out the Subcontractor's obligations under this Agreement. (c) The Subcontractor and its employees, agents, or subcontractors shall promptly transmit to the AHP all requests for disclosure of such identifying information not emanating from the client or person. (d) The Subcontractor shall not disclose, except as otherwise specifically permitted by this Agreement or authorized by the client, any such identifying information to anyone other than AHP and/or DHCS without prior written authorization from the AHP, except if disclosure is required by State or Federal law.
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(e) For purposes of this provision, identity shall include, but not be limited to name, identifying number, symbol, or other identifying particular assigned to the individual, such as finger or voice print or a photograph.
(f) As deemed applicable by DHCS, this provision may be supplemented by additional terms and conditions covering personal health information (PHI) or personal, sensitive, and/or confidential information (PSCI). Said terms and conditions will be outlined in one or more exhibits that will either be attached to this Agreement or incorporated into this Agreement by reference.
6. Documents, Publications and Written Reports
(Applicable to agreements over $5,000 under which publications, written reports, and documents are developed or produced. Government Code Section 7550.) Any document, publication, or written report (excluding progress reports, financial reports and normal contract communications) prepared as a requirement of this Agreement shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of such document or report, if the total cost for work by nonemployees of the State exceeds $5,000.
7. Subcontract Requirements
(Applicable to agreements under which services are to be performed by subcontractors including independent consultants.)
a) Prior written authorization will be required before the Subcontractor enters into or is reimbursed for any subcontract's entered into by Subcontractor for services costing $5,000 or more. Except as indicated in subparagraph d, herein, when securing subcontracts for services exceeding $5,000, the Subcontractor shall obtain at least three bids or justify a sole source award. b) The Subcontractor must provide in its request for authorization all information necessary for evaluating the necessity or desirability of incurring such cost.
c) DHCS may identify the information needed to fulfill this requirement. d) Subcontracts performed by the entities or for the service types listed below are exempt from the bidding and sole source justification requirements:
i. A local governmental entity or the federal government, ii. A State college or State university from any State, iii. A Joint Powers Authority,
iv. An auxiliary organization of a California State University or a California Community college,
v. A foundation organized to support the Board of Governors of the California Community Colleges,
vi. An auxiliary organization of the Student Aid Commission established under Education Code§ 69522,
vii. Firms or individuals proposed for use and approved by DHCS'
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funding Program via acceptance of a proposal for funding or pre/post contract award negotiations,
viii. Entities and/or service types identified as exempt from advertising and competitive bidding in State Contracting Manual Chapter 5 Section 5.80 Subsection 8.2, and
ix. Entities whose name and budgeted costs have been submitted to DHCS in response to a competitive Invitation for Bid or Request for Proposal.
x. Agreements with governmental or public entities and their auxiliaries, or a Joint Powers Authority
e) If the total amount of all subcontracts exceeds twenty-five percent (25%) of the total agreement amount or $50,000, whichever is less and each subcontract is not with an entity or of a service type described in subparagraph (d)(i) through (x), above DHCS shall:
i. Obtain approval from the Department of General Services to use said subcontracts, or
ii. If applicable, obtain a certification from the prime Subcontractor indicating that each of the lower-tiered subcontractor's was selected pursuant to a competitive bidding process requiring at least three bids from responsible bidders, or
iii. Obtain attestation from the Secretary of the California Health and Human Services Agency attesting that the selection of the particular subcontractor(s) without competitive bidding was necessary to promote DHCS' program needs and was not done for the purpose of circumventing competitive bidding requirements.
f) When the conditions of subparagraph (a) apply, each of Subcontractor's subcontracts that is not with a type of entity or of a service type described in subparagraph (d) of Provision 7 herein, shall not commence work before DHCS has obtained applicable prior approval to use said subcontractor.
DHCS shall inform the Subcontractor when DHCS has obtained appropriate approval to use said subcontractors.
g) AHP and DHCS reserves the right to approve or disapprove the selection of subcontractors and with advance written notice, require the substitution of subcontractors and require the Subcontractor to terminate subcontracts entered into in support of this Agreement.
h) Upon receipt of a written notice from AHP or DHCS requiring the substitution and/or termination of a subcontract, the Subcontractor shall take steps to ensure the completion of any work in progress and select a replacement, if applicable, within 30 calendar days, unless a longer period is agreed to by AHP and DHCS.
i) INTENTIONALLY OMITTED.
j) INTENTIONALLY OMITTED.
k) Actual subcontracts (i.e., written agreement between the Subcontractor and another subcontractor) of $5,000 or more are subject to the prior review and
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written approval of AHP and DHCS. DHCS may, at its discretion, elect to waive this right. All such waivers shall be confirmed in writing by DHCS.
I) Subcontractor shall maintain a copy of each subcontract entered into in support of this Agreement and shall, upon request by DHCS, make copies available for approval, inspection, or audit.
m) DHCS assumes no responsibility for the payment of Subcontractor's subcontractors used in the performance of the Agreement. Subcontractor accepts sole responsibility for the payment of any of its subcontractors used in the performance of this Agreement.
n) The Subcontractor is responsible for all performance requirements under this Agreement even though performance may be carried out through a subcontract.
o) When entering into a consulting service agreement with DHCS, the Subcontractor may be required to supply budget detail for each of its subcontractors and/or each major subcontracted activity under this Agreement.
p) Budget detail format and submission requirements will be determined by DHCS.
q) Methods of including budget detail in this Agreement, if applicable, will be determined by DHCS.
r) Any lower-tiered subcontractors budget detail displayed in this Agreement, or incorporated by reference, is included for information purposes only.
Changes to a subcontractor's identity or budget detail shall not require the processing of a formal amendment to this Agreement.
s) The Subcontractor shall ensure that all subcontracts for services include provision(s) requiring compliance with applicable terms and conditions specified in this Agreement.
t) The Subcontractor agrees to include the following clause, relevant to record retention, in all subcontracts for services:
Subcontractor agrees to maintain and preserve, until three years after termination of (Agreement Number) and final payment from DHCS to the Subcontractor, to permit DHCS or any duly authorized representative, to have access to, examine or audit any pertinent books, documents, papers, and records related to this subcontract and to allow interviews of any employees who might reasonably have information related to such records." u) Unless otherwise stipulated in writing by DHCS, the Subcontractor shall be its subcontractor's sole point of contact for all matters related to performance and payment under this Agreement.
v) Subcontractor shall, as applicable, advise all subcontractors of their obligations pursuant to the following numbered provisions of this Attachment B: 1, 2, 3, 5, 6, 7, 8, 11, 17, 18, 20, and/or other numbered provisions herein
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that are deemed applicable.
8. Left intentionally blank
9. Performance Evaluation
(Applicable only to consultant service agreements.)
a) The Subcontractor's performance under this Agreement shall be evaluated at the conclusion of the term of this Agreement. The evaluation shall include, but not be limited to:
b) Whether the contracted work or services were completed as specified in the Agreement and reasons for and amount of any cost overruns. c) Whether the contracted work or services met the quality standards specified in the Agreement.
d) Whether the Subcontractor fulfilled all requirements of the Agreement. e) Factors outside the control of the Subcontractor, which caused difficulties in subcontractor performance. Factors outside the control of the Subcontractor shall not include a Subcontractor's poor performance.
f) The evaluation of the Subcontractor shall not be a public record.
10. Progress Reports or Meetings
(Applicable only to consultant service agreements.)
a) Subcontractor shall submit progress reports or attend meetings with state personnel at intervals determined by AHP to determine if the Subcontractor is on the right track, whether the project is on schedule, provide communication of interim findings, and afford occasions for airing difficulties or special problems encountered so that remedies can be developed quickly. b) At the conclusion of this Agreement and if applicable, Subcontractor shall hold a final meeting at which Subcontractor shall present any findings, conclusions, and recommendations. If required by this Agreement, Subcontractor shall submit a comprehensive final report.
11. Progress Payment Withholds
a) Progress payments may not be made more frequently than monthly in arrears for work performed and costs incurred in the performance of the Agreement. In the aggregate, progress payments may not exceed Ninety percent (90%) of the total agreement amount, regardless of agreement length. b) Ten percent (10%) may be withheld by AHP and/or DHCS from each invoice submitted for reimbursement, under the following conditions:
c) For services and costs associated with subcontractor and/or subcontractor performance that is considered to be of an ongoing nature or performed continuously throughout the term of the Agreement. d) For individual services associated with a specific agreement deliverable that has not yet been received or completed in its entirety. e) For individual and/or distinct tasks, work plans, or project activities that have not yet been completed in their entirety.
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f) Release of Amounts Withheld:
i. As individual and/or distinct tasks, services, work plans, or project activities are completed in their entirety by either the Subcontractor or lower-tiered subcontractor performance and any scheduled/required deliverables or reports are delivered to AHP and/or DHCS; then any funds so withheld may be released to the Subcontractor upon acceptance and/or acknowledgement that all such items have been completed to the full satisfaction of AHP and/or DHCS.
ii. Payment Requests Excluded from the 10 Percent (10%) Withhold:
Ten percent (10%) payment withholds shall not be applied to reimbursements or periodic payment requests for direct costs associated with equipment purchases, media buys, operating expense items, and other procurements not directly associated with the Subcontractor's personal performance.
12. Intentionally left blank.
13. Legal Services Contract Requirements
(Applicable only to agreements involving the performance of legal services.) The Subcontractor shall:
a) Adhere to legal cost and billing guidelines designated by AHP and/or DHCS. b) Adhere to litigation plans designated by AHP and/or DHCS. c) Adhere to case phasing of activities designated by AHP and/or DHCS. d) Submit and adhere to legal budgets as designated by AHP and/or DHCS. e) Maintain legal malpractice insurance in an amount not less than the amount designated by AHP and/or DHCS. Said amount shall be indicated in a separate letter to the Subcontractor.
f) Submit to legal bill audits and law firm audits if requested by AHP and/or DHCS.
Such audits may be conducted by AHP, DHCS, State employees or their respective designees or by any legal cost control providers retained by AHP and/or DHCS for such purpose.
14. Four-Digit Date Compliance
(Applicable to agreements in which Information Technology (IT} services are provided to DHCS or if IT equipment is procured.)
a) Subcontractor warrants that it will provide only Four-Digit Date Compliant (as defined below) deliverables and/or services to AHP, DHCS, and/or the State, as applicable. "Four Digit Date compliant" deliverables and services can accurately process, calculate, compare, and sequence date data, including without limitation date data arising out of or relating to leap years and changes in centuries.
b) This warranty and representation is subject to the warranty terms and conditions of this Subcontract and does not limit the generality of warranty obligations set forth elsewhere herein.
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15. Prohibited Use of State Funds for Software
(Applicable to agreements in which computer software is used in performance of the work.)
Subcontractor certifies that it has appropriate systems and controls in place to ensure that BHBH Program Plan funds will not be used in the performance of this Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
16. Insurance Requirements
a) Automobile Liability Insurance
(Applicable if automobiles are purchased/reimbursed with BHBH Program Plan funds, furnished by DHC through AHP pursuant to, or if autos are used in performance under the terms of, this Agreement.)
i. The Subcontractor, by signing this Agreement, hereby certifies that it possesses or will obtain automobile liability insurance in the amount of $1,000,000 per occurrence for bodily injury and property damage combined. Said insurance must be obtained and made effective upon the delivery date of any motor vehicle, purchased/reimbursed with BHBH Program Plan funds under the terms of this Agreement, to the Subcontractor and/or its subcontractor.
ii. The Subcontractor and/or its subcontractor shall, as soon as practical, furnish a copy of the certificate of insurance to the AHP. iii. The Subcontractor and/or its subcontractor agree that bodily injury and property damage liability insurance, as required herein, shall remain in effect at all times during the term of this Agreement or until such time as the motor vehicle is returned to AHP, DHCS, or the State, as applicable. iv. The Subcontractor and/or its subcontractor agree to provide, at least thirty (30) days prior to the expiration date of said insurance coverage, a copy of a new certificate of insurance evidencing continued coverage, as indicated herein, for not less than the remainder of the term of this Agreement, the term of any extension or continuation thereof, or for a period of not less than one ( 1) year.
v. The Subcontractor and/or its subcontractor, if not a self-insured government and/or public entity, must provide evidence, that any required certificates of insurance contain the following provisions:
vi. The insurer will not cancel the insured's coverage without giving thirty (30) calendar days prior written notice to AHP and DHCS.
vii. AHP and DHCS, its officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for pursuant to the BHBH Program Plan under this Agreement and any extension or continuation of this Agreement.
viii. The insurance carrier shall notify AHP, in writing, of the Subcontractor's failure to pay premiums; its cancellation of such policies; or any other substantial change, including, but not limited to, the status, coverage, or scope of the required insurance. Such notices shall contain a reference to the Agreement number for which the insurance was obtained.
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ix. The Subcontractor and/or its subcontractor is hereby advised that copies of certificates of insurance may be subject to review and approval by the Department of General Services (DGS), Office of Risk and Insurance Management. The Subcontractor shall be notified by AHP and/or DHCS, in writing, if this provision is applicable to this Agreement. If DGS approval of the certificate of insurance is required, the Subcontractor agrees that no work or services shall be performed prior to obtaining said approval. x. In the event the Subcontractor and/or its subcontractors fails to keep insurance coverage, as required herein, in effect at all times during vehicle possession, AHP or DHCS may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. b) Commercial General Liability
(Applicable to agreements involving the performance of hazardous activities (i.e., transportation of persons or DHCS and/or State property, handling of toxic or hazardous substances, elevator maintenance, facility repair, and other agreements when stipulated by AHP and/or DHCS, etc.))
i. The Subcontractor must furnish to AHP either a certificate of insurance stating that commercial general liability insurance of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined is presently in effect for the Subcontractor or proof of adequate self-insurance if the Subcontractor is a self-insured government and/or public entity. ii. The commercial general liability insurance policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement.
iii. The commercial general liability insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Subcontractor's limit of liability.
iv. The certificate of insurance shall identify the AHP's contract or agreement number for which the insurance applies. Paragraphs 16d, 16e, 16f, and 16g also apply to Commercial General Liability insurance.
c) Pollution Liability
(Applicable only when services involve the handling of toxic or hazardous substances.)
i. Subcontractor shall maintain Pollution Liability insurance covering the Subcontractor's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred, all arising out of the work or services performed under this Agreement.
Coverage shall be provided for both work performed on-site, as well as during the transport of hazardous materials. Limits of not less than $1,000,000 shall be provided. Paragraphs 16d, 16e, 16f, and 16g also apply to Pollution Liability insurance.
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ii. The Subcontractor is hereby advised that copies of certificates of insurance and/or documentation of self-insurance may be subject to review and approval by the Department of General Services (DGS), Office of Risk and Insurance Management. The Subcontractor shall be notified by AHP and/or DHCS, in writing, if this provision is applicable to this Agreement. If DGS approval of the certificate of insurance is required, the Subcontractor agrees that no work or services shall be performed prior to obtaining said approval.
Each certificate of insurance shall identify the AHP contract or agreement number for which the insurance applies.
iii. The certificate of insurance must identify the agreement number for which the certificate of insurance applies and include the following provisions:
(a) The insurer will not cancel the insured's coverage without giving 30 days prior written notice to AHP and/or DHCS, and
(b) The State of California, its officers, agents, employees, and servants are included as additional insureds, but only with respect to work performed for the State of California under this Agreement. iv. The Subcontractor agrees that the insurance required herein will remain in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, the Subcontractor agrees to provide, at least 30 calendar days before said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of this Agreement or for a period of not less than one year. New certificates of insurance may also be subject to the approval of DGS. The Subcontractor shall be notified by AHP and/or DHCS, in writing, if DGS approval of the certificate of insurance is required. If DGS approval of the certificate of insurance is required, the Subcontractor agrees that no work or services shall be performed prior to obtaining such approval. AHP and/or DHCS may, in addition to any other remedies it may have, terminate this Agreement for failure to comply with the insurance requirements of this Agreement.
v. AHP and/or DHCS will not be responsible for any premiums, deductibles, or assessments on any insurance policy.
d) Self-Insured Insurance Requirements:
(Applicable to agreements where Subcontractor has "Checked-the-Box" as self-insuring and subsections a through c, above, are inapplicable.) Dsubcontractor acknowledges and certifies that it is covered by and will maintain throughout the term of its BHBH Program Plan self-insurance in amounts and types sufficient to satisfy its contractual insurance requirements under the BHBH Program and its BHBH Program Plan, including without limitation, Special Events Liability Insurance Program ("SELIP") coverage. Subcontractor hereby:
i. Certifies that the Certificate of Consent to Self-Insure issued by the State of California Department of Industrial Relations upon execution of this Subcontract Agreement is currently in full force and effect; and
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ii. Agrees to notify AHP in writing if A.M. Best notifies the Subcontractor that the financial strength and creditworthiness of such self-insurance coverage is under review with negative implications or a potential downgrade of the Subcontractor's A.M. Best self-insurance rating, within three (3) days of such notification from the rating agency.
17. Procurement Rules
(Applicable to agreements in which equipment/property, commodities and/or supplies are furnished by DHCS through AHP, or expenses for said items are reimbursed by DHCS through AHP, with state or federal funds provided under the Agreement.)
a) Equipment/Property definitions:
Wherever the term equipment and/or property are used, the following definitions shall apply:
i. Major equipment/property
A tangible or intangible item having a base unit cost of $5,000 or more with a life expectancy of one (1) year or more and is either furnished by AHP and/or DHCS or the cost is reimbursed through this Agreement.
Software and videos are examples of intangible items that meet this definition.
ii. Minor equipment/property
A tangible item having a base unit cost of less than $5,000 with a life expectancy of one (1) year or more and is either furnished by AHP and/or DHCS or the cost is reimbursed through this Agreement.
b) Government and public entities (including state colleges/universities and auxiliary organizations), whether acting as a contractor and/or subcontractor, may secure all commodities, supplies, equipment, and services related to such purchases that are required in performance of this Agreement. c) Left intentionally blank.
d) Left intentionally blank.
e) In special circumstances, determined by AHP or DHCS (e.g., when AHP or DHCS has a need to monitor certain purchases, etc.), AHP or DHCS may require prior written authorization and/or the submission of paid vendor receipts for any purchase, regardless of dollar amount. AHP or DHCS reserves the right to either deny claims for reimbursement or to request repayment for any Subcontractor and/or lower-tiered subcontractor purchase that AHP or DHCS determines to be unnecessary in carrying out performance under this Agreement.
f) The Subcontractor and/or lower-tiered subcontractor must maintain a copy or narrative description of the procurement system, guidelines, rules, or regulations that will be used to make purchases under this Agreement. AHP and/or DHCS reserves the right to request a copy of these documents and to inspect the purchasing practices of the Subcontractor and/or lower-tiered
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subcontractor at any time.
g) For all purchases, the Subcontractor and/or lower-tiered its subcontractor must maintain copies of all paid vendor invoices, documents, bids, and other information used in vendor selection, for inspection or audit. Justifications supporting the absence of bidding (i.e., sole source purchases) shall also be maintained on file by the Subcontractor and/or lower-tiered its subcontractor for inspection or audit.
h) AHP and/or DHCS may, with cause (e.g., with reasonable suspicion of unnecessary purchases or use of inappropriate purchase practices, etc.), withhold, cancel, modify, or retract the delegated purchase authority granted under subparagraph b of this Provision 17 by giving the Subcontractor no less than 30 calendar days written notice.
18. Equipment/Property Ownership / Inventory/ Disposition (Applicable to agreements in which equipment/property is furnished by DHCS and/or when said items are purchased or reimbursed by DHCS with state or federal funds provided under the Agreement.)
a) Wherever the term equipment and/or property is used in Provision 18, the definitions in Paragraph a of Provision 17 shall apply. b) Unless otherwise stipulated in this Agreement, all equipment and/or property that is purchased/reimbursed with agreement funds or furnished by DHCS through AHP pursuant to the BHBH Program Plan under the terms of this Agreement shall be considered state equipment and the property of DHCS and/or the State of California.
i. Reporting of Equipment/Property Receipt
(a) AHP and/or DHCS requires the reporting, tagging and annual inventorying of all equipment and/or property that is furnished by DHCS through AHP pursuant to BHBH Program Plan funds or
purchased/reimbursed with funds provided through this Agreement. (b) Upon receipt of equipment and/or property, the Subcontractor shall report the receipt to the AHP. To report the receipt of said items and to receive property tags, Subcontractor shall use a form or format designated by AHP Program Manager If the appropriate form (i.e., Contractor Equipment Purchased with DHCS Funds) does not accompany this Agreement, Subcontractor shall request a copy from the AHP or DHCS.
ii. Annual Equipment/Property Inventory
c) If the Subcontractor enters an agreement with a term of more than twelve months, the Subcontractor shall submit an annual inventory of state equipment and/or property to the AHP using a form or format designated by AHP. If an inventory report form (i.e., Inventory/Disposition
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of DHCS-Funded Equipment) does not accompany this Agreement, Subcontractor shall request a copy from AHP. Subcontractor shall:
(1) Include in the inventory report, equipment and/or property in the Subcontractor's possession and/or in the possession of its subcontractor (including independent consultants).
(2) Submit the inventory report to AHP.
(3) Contact AHP to learn how to remove, trade-in, sell, transfer, or survey off, from the inventory report, expired equipment and/or property that is no longer wanted, usable or has passed its life expectancy. Instructions will be supplied by AHP.
d) Title to any equipment and/or property shall not be affected by its incorporation or attachment to any property not owned by the State. c) Unless otherwise stipulated, AHP and/or DHCS shall be under no obligation to pay the cost of restoration, or rehabilitation of the Subcontractor's and/or Subcontractor's facility which may be affected by the removal of any state equipment and/or property.
d) The Subcontractor and/or its Subcontractor shall maintain and administer a sound business program for ensuring the proper use, maintenance, repair, protection, insurance, and preservation of state equipment and/or property. (i) In administering this provision, AHP or DHCS may require the Subcontractor and/or its Subcontractor to repair or replace, to AHP's satisfaction, any damaged, lost or stolen state equipment and/or property. Subcontractor and/or its Subcontractor shall immediately file a theft report with the appropriate police agency, or the California Highway Patrol and Subcontractor shall promptly submit one copy of the theft report to the AHP and AH P's Program Manager.
(ii) Unless otherwise stipulated by this Agreement, equipment and/or property purchased/reimbursed with agreement funds or furnished by DHCS through AHP pursuant to BHBH Program Plan under the terms of this Agreement, shall only be used for performance of this Agreement or another DHCS agreement.
e) Within sixty (60) calendar days prior to the termination or end of this Agreement, the Subcontractor shall provide a final inventory report of equipment and/or property to the AHP and shall, at that time, query DHCS as to the requirements, including the manner and method, of returning state equipment and/or property to DHCS and/or the State, as applicable. Final disposition of equipment and/or property shall be at DHCS and/or the State, as applicable expense and according to DHCS and/or the State, as applicable instructions. Equipment and/or property disposition instructions shall be issued by AHP immediately after receipt of the final inventory report. At the termination or conclusion of this Agreement, AHP or DHCS may at its discretion, authorize the continued use of state equipment and/or property for performance of work under a different DHCS agreement.
ATTACHMENT B SPECIAL TERMS AND CONDITIONS
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f) Motor Vehicles
Applicable only if motor vehicles are purchased/reimbursed with agreement funds or furnished by DHCS under this Agreement.)
i. If motor vehicles are purchased/reimbursed with agreement funds or furnished by DHCS through AHP pursuant to BHBH Program Plan funds under the terms of this Agreement, within thirty (30) calendar days prior to the termination or end of this Agreement, the Subcontractor and/or its subcontractor shall return such vehicles to DHCS and the State, as applicable, and shall deliver all necessary documents of title or registration to enable the proper transfer of a marketable title to DHCS or the State, as applicable.
ii. If motor vehicles are purchased/reimbursed with agreement funds or furnished by DHCS through AHP pursuant to BHBH Program Plan funds under the terms of this Agreement, the State of California shall be the legal owner of said motor vehicles and the Subcontractor shall be the registered owner. The Subcontractor and/or its subcontractor may only use said vehicles for performance and under the terms of this Agreement. iii. The Subcontractor and/or its subcontractor agree that all operators of motor vehicles, purchased/reimbursed with agreement funds or furnished by DHCS through AHP pursuant to BHBH Program Plan funds under the terms of this Agreement, shall hold a valid State of California driver's license. In the event that ten or more passengers are to be transported in any one vehicle, the operator shall also hold a State of California Class B driver's license.
iv. If any motor vehicle is purchased/reimbursed with agreement funds or furnished by DHCS under the terms of this Agreement, the Subcontractor and/or its subcontractor, as applicable, shall provide, maintain, and certify that, at a minimum, the type and amount of automobile liability insurance as specified in the Automobile Liability Insurance requirements clause as set forth in this Attachment is in effect during the term of this Agreement or any period of contract extension during which any vehicle remains in the Subcontractor's and/or its subcontractor's possession.
v. The requirements specified in Provision 16, entitled, "Insurance Requirements" apply to vehicles purchased/reimbursed with agreement funds or furnished by DHCS through AHP pursuant to BHBH Program Plan funds under the terms of this Agreement.
19. Left intentionally blank
20. Suspension or Stop Work Notification
a) AHP or DHCS may, at any time, issue a notice to suspend performance or stop work under this Agreement. The initial notification may be a verbal or written directive issued by AHP. Upon receipt of said notice, the Subcontractor is to suspend and/or stop all, or any part, of the work called for by this Agreement.
ATTACHMENT B SPECIAL TERMS AND CONDITIONS
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i. Written confirmation of the suspension or stop work notification with directions as to what work (if not all) is to be suspended and how to proceed will be provided within thirty (30) working days of the verbal notification.
ii. The suspension or stop work notification shall remain in effect until further written notice is received from AHP or DHCS. The resumption of work (in whole or part) will be at AH P's or DHCS' discretion and upon receipt of written confirmation.
b) Upon receipt of a suspension or stop work notification, the Subcontractor shall immediately comply with its terms and take all reasonable steps to minimize or halt the incurrence of costs allocable to the performance covered by the notification during the period of work suspension or stoppage. c) Within ninety (90) days of the issuance of a suspension or stop work notification, DHCS through AHP pursuant to BHBH Program Plan funds shall either:
i. Cancel, extend, or modify the suspension or stop work notification; or ii. Terminate the Agreement as provided for in the Cancellation / Termination clause of the Agreement.
d) If a suspension or stop work notification issued under this clause is canceled or the period of suspension or any extension thereof is modified or expires, the Subcontractor may resume work only upon written concurrence of funding Program's Contract Manager.
e) If the suspension or stop work notification is cancelled and the Agreement resumes, changes to the services, deliverables, performance dates, and/or contract terms resulting from the suspension or stop work notification shall require an amendment to the Agreement. f) If a suspension or stop work notification is not canceled and the Agreement is cancelled or terminated pursuant to the provision entitled Cancellation / Termination, AHP and/or DHCS shall allow reasonable costs resulting from the suspension or stop work notification in arriving at the settlement costs. g) AHP and DHCS shall not be liable to the Subcontractor for loss of profits because of any suspension or stop work notification issued under this clause.
21. Public Communications
a) Electronic and printed documents developed and produced, for public communications shall follow the following requirements to comply with Section 508 of the Rehabilitation Act and the Americans with Disabilities Act; and b) Ensure visual-impaired, hearing-impaired, and other special needs audiences are provided material information in formats that provide the most assistance in making informed choices.
22. Audit and Record Retention
(Applicable to agreements in excess of $10,000.)
a) The Subcontractor and/or its subcontractor shall maintain books, records,
ATTACHMENT B SPECIAL TERMS AND CONDITIONS
121
documents, and other evidence, accounting procedures and practices, sufficient to properly reflect all direct and indirect costs of whatever nature claimed to have been incurred in the performance of this Agreement, including any matching costs and expenses. The foregoing constitutes "records" for the purpose of this provision.
b) The Subcontractor's and/or subcontractor's facility or office or such part thereof as may be engaged in the performance of this Agreement and his/her records shall be subject at all reasonable times to inspection, audit, and reproduction.
c) Subcontractor agrees that AHP, DHCS, the Department of General Services, the Bureau of State Audits, or their designated representatives including the Comptroller General of the United States shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Subcontractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Subcontractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Government Code Section 8546.7, Public Contract Code (PCC) Sections 10115 et seq., California Code of Regulations Title 2, Section 1896.77) The Subcontractor shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in PCC Section 10115.10.
d) The Subcontractor and/or its subcontractor shall preserve and make available his/her records (1) for a period of six years for all records related to Disabled Veteran Business Enterprise (DVBE) participation (Military and Veterans Code Section 999.55), if this Agreement involves DVBE participation, and three years for all other contract records from the date of final payment under this Agreement, and (2) for such longer period, if any, as is required by applicable statute, by any other provision of this Agreement, or by subparagraphs (i) or (ii) below.
i. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement; or ii. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later.
e) The Subcontractor and/or its subcontractor may, at its discretion, following receipt of final payment under this Agreement, reduce its accounts, books and records related to this Agreement to microfilm, computer disk, CD ROM, DVD, or other data storage medium. Upon request by an authorized representative to inspect, audit or obtain copies of said records, the Subcontractor and/or its subcontractor must supply or make available applicable devices, hardware, and/or software necessary to view, copy and/or print said records. Applicable
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devices may include, but are not limited to, microfilm readers and microfilm printers, etc.
f) The Subcontractor shall, if applicable, comply with the Single Audit Act and the audit requirements set forth in 2 C.F.R. § 200.501 (2014).
ATTACHMENT B SPECIAL TERMS AND CONDITIONS
123
ATTACHMENT C
ATTACHMENT C
STATEMENT OF WORK
(Under DHCS Agreement No. 22-20456-BHBH)
[ATTACHED]
STATEMENT OF WORK
124
ATTACHMENT C
STATEMENT OF WORK
(Under DHCS Agreement No. 22-20456-BHBH)
Subcontractor Name: Yolo County
Universal Unique Identifier: bhbh_633_bhbh_yolo_county
Item Billing Deliverable Description Amount
Code
1 7524.0 YEAR 1 - JUNE 23, 2023- JUNE 30, 2024 - START-UP, Upon Year 1 PROGRAM IMPLEMENTATION AND REPORTING execution of 1 subcontract,
Behavioral Health Bridge Housing (BHBH) Program first
disbursement ♦ Subcontractor shall develop BHBH Program Plan amount shall (BHBH Plan or just Plan) utilizing templates provided be twenty-five by Advocates for Human Potential (AHP). The Plan percent (25%) shall be based on the submitted County Behavioral of subcontract Health Agency (BHA) BHBH Program proposal and grand total submitted to AHP for approval within 30 days of ($4,132,715) contract execution. LESS total
♦ AHP will send back any revisions and County BHA start-up shall submit any required revisions within ten business infrastructure days from date of receipt and return the revised Plan costs to AHP for approval. DHCS shall grant final approval to calculated as follows: the BHBH Program Plan via AHP, and no subsequent ($4, 132,715- revisions may be made without DHCS approval. $464,000) x.25 =
BHBH Program Policies and Procedures $917,179 ♦ Subcontractor shall submit required policies and procedures for Rental Assistance, Participant
Assistance Funds, Landlord Outreach and Mitigation
funds, and/or Auxiliary Funding in Assisted Living to
AHP for approval by September 30, 2023, or within 45
days of subcontract execution. Policies and
procedures will include but not be limited to eligibility; allowable uses; methods of disbursement; prevention
of fraud, waste, and abuse, documentation
requirements and audit provisions.
♦ Rental Assistance Policies and procedures will include but not be limited to:
• The calculation of rental assistance, which must be
indicated and must use either Fair Market Rents
(FMRs) or a rent reasonableness methodology to
calculate allowable rental rates. Subcontractor may
offer either shallow subsidies up to a specific dollar
amount or a formula in which the individual pays a
portion of the rent based on income.
Deliver
On or
Before
June
30,
2024
125 BHBH Program County BHA Statement of Work 1
Item Billing Deliverable Description Amount Deliver
Code On or
Before
• Clear eligibility requirements for individuals and
units for short-term and/or mid-term rental
assistance. The requirements for both short- and
mid-term assistance may be the same, or the
Subcontractor may have fewer requirements for
short-term assistance than for mid-term.
• Fraud prevention, along with regular audits and
clear documentation of all payments.
• Requirements for payments to be made directly to
property owners or managers.
• Requirements to provide supportive services and
resources to individuals who are receiving rental
assistance, to remove barriers and help them obtain
longer-term rental assistance or other affordable
housing.
• Requirements for participants to have access to
onsite supportive services at the facility or through
home visits.
♦ All required revisions to policies and procedures to be submitted to AHP within ten business days of receipt
of Plan and return Plan as required by AHP.
♦ Implement the policies and procedures in the
administration of Rental Assistance, Participant
Assistance Funds, Landlord Outreach and Mitigation
funds and/or Auxiliary Funding in Assisted Living and
other BHBH program operations.
Delivery of Behavioral Health Bridge Housing and
Operations
♦ Deliver direct behavioral health bridge housing
services including Shelter/Interim Housing, Rental
Assistance, Auxiliary Funding in Assisted Living, and
Housing Navigation as described in the BHBH
Program Plan, including the service metrics and
program requirements.
♦ Collect program and individual data as described in the BHBH Program Plan and as requested by AHP.
♦ Provide outreach and engagement services as
described in the BHBH Program Plan and service
metrics.
Participation in Monitoring and Technical Assistance and Training (TIA)
♦ Learning Collaborative Sessions
• Participate in statewide Learning Collaborative
sessions on a quarterly basis at minimum; session
schedule to be provided by AHP.
• At least one staff member shall attend each
quarterly Learning Collaborative.
126 BHBH Program County BHA Statement of Work 2
Item Billing Deliverable Description Amount Deliver
Code On or
Before
♦ Coaching Calls, Webinars/Trainings, Monitoring
Reviews, and Site Visits
• At minimum, one staff member shall participate in
monthly coaching calls with AHP; session
schedule to be provided by AHP.
• Participate in webinars/trainings and working
meetings on a quarterly basis at minimum; session
schedule to be provided by AHP.
• Respond to AHP requests for information, reviews,
and site visits as indicated and described in the
Subcontract Agreement.
♦ If applicable, conduct County BHA BHBH Program
implementation and capacity-building activities as
described in the BHBH Program Plan.
Reporting-Year 1
Subcontractor shall participate in data collection and
submission of quarterly narrative, data, and financial reports.
Reports will be submitted as directed by AHP. These reports will summarize progress in implementing the BHBH Program Plan; expending funds, including, without limitation, equipment purchases; subcontracting; and providing bridge housing for individuals experiencing homelessness and serious behavioral health conditions; and must include accomplishments and any barriers to goals of the BHBH Program. The reports must cover the following time frames and observe the following due dates:
• Year 1, Quarter 1: June 23-September 30, 2023,
due by November 15, 2023
• Year 1, Quarter 2: October 1-December 31, 2023,
due by February 15, 2024
• Year 1, Quarter 3: January 1-March 31 , 2024, due
by May 15, 2024
• Year 1, Quarter 4: April 1-June 30, 2024, due by
August15, 2024
• Meet state requirements for submission of data
into the HMIS system as required by AB 977 when
and in the manner required.
2 7524.0 SOLELY FOR THOSE BHBH PROGRAM PLAN PROJECTS Start-up June Year 1 WITH START-UP INFRASTRUCTURE, YEAR 1 (JUNE 23, Infrastructure 30, 1 2023, TO JUNE 30, 2024) Costs shall be 2024
provided in
Submit budget and schedule for each individual BHBH payments as described in
Start-Up Infrastructure Project and include it in BHBH Section 4 of Program Plan for AHP/DHCS approval. this
♦ Implement the construction plan for each project as subcontract. described in the BHBH Program Plan, budget, and
90% of the
Start-up
127 BHBH Program County BHA Statement of Work 3
Item Billing Deliverable Description Amount Deliver
Code On or
Before
schedule, pursuant to this Subcontract Agreement Infrastructure including Attachment F. Costs
($464,000)
Acquisition (if applicable) calculated as
♦ Demonstrate site control as described in Section 4 of follows: .90 x the Subcontract Agreement, including Attachment F. $464,000 = ♦ Establish an escrow account. $417,600
♦ Meet all requirements listed in Section 4 of
Subcontract Agreement, including Attachment F.
♦ Obtain deed restriction as required, if applicable.
Complete Construction/Renovation (if applicable)
♦ Demonstrate site control as described in Section 4 of the Subcontract Agreement, including Attachment F.
♦ Meet all requirements included in Section 4 of
Subcontract Agreement, including Attachment F.
♦ Obtain deed restriction as required, if applicable.
♦ Provide required documentation and monitoring as
described in BHBH Program Plan, budget, and
schedule.
Other Approved Costs (if applicable)
Start-Up Furnishings, Appliances and Equipment
♦ Acquire all start-up furnishing, appliances and
equipment included in BHBH Program Plan, budget,
and schedule.
♦ Implement monitoring plan and ensure costs are
allowable and compliant with local, state, and federal
laws.
♦ Provide required documentation and monitoring as
described in BHBH Program Plan, budget, and
schedule.
Implement Construction Monitoring Plans; Participate in Monitoring and AHP Review Requirements (if applicable)
♦ Provide a summary report on each individual project
as described in the BHBH Program Plan, budget, and
schedule, pursuant to this Subcontract Agreement,
including Attachment F and prior to submitting a
request for payment.
♦ For each specific site, upon the completion of the site, provide a summary narrative and financial report and
compliance documentation for each individual project
as described in the BHBH Program Plan, budget, and
schedule, pursuant to this Subcontract Agreement,
including Attachment F.
♦ Ensure that each start-up infrastructure site is
available within one year of execution of Subcontract
Agreement.
128 BHBH Program County BHA Statement of Work 4
Item Billing Deliverable Description Amount Deliver
Code On or
Before
Reporting
♦ Provide summary reporting on each BHBH Program
Plan project and documentation of certificate of
occupancy within one year of execution of Subcontract
Agreement, as required by the BHBH Program Plan.
♦ Provide any necessary documentation requested by
AHP for desk reviews and processing payment
requests.
I Year 1 Subtotal $1,334,779
3 7524.0 YEAR 2 - JULY 1, 2024, TO JUNE 30, 2025 - PROGRAM Upon June Year 1 IMPLEMENTATION AND REPORTING approval of 30,
2 cost 2025
BHBH Program Plan reconciliation
♦ Submit any updates to the BHBH Program Plan for report for first approval utilizing templates provided by AHP and disbursement based on the submitted County BHA BHBH Program amount,
proposal. second
♦ AHP will send back any revisions and County BHA disbursement amount shall shall submit any required revisions within ten business be twenty-five days from date of receipt and return the revised Plan percent (25%) to AHP for approval. DHCS shall grant final approval to of subcontract the BHBH Program Plan via AHP, and no subsequent total
revisions may be made without DHCS approval. ($4,132,715) LESS total
BHBH Program Policies and Procedures start-up
♦ Submit any updates to previously approved policies infrastructure and procedures for approval with quarterly reports as costs needed. calculated as
♦ Implement the policies and procedures in the follows:
administration of Rental Assistance, Participant ($4,132,715- Assistance Funds, Landlord Outreach and Mitigation $464,000) funds and/or Auxiliary Funding in Assisted Living and x.25 = other BHBH program operations. $917,179
Delivery of Behavioral Health Bridge Housing and
Operations
♦ Deliver direct behavioral health bridge housing
services including Shelter/Interim Housing, Rental
Assistance, Auxiliary Funding in Assisted Living, and
Housing Navigation as described in the BHBH
Program Plan, including the service metrics and
program requirements.
♦ Collect program and individual data as described in the BHBH Program Plan and as requested by AHP.
♦ Provide outreach and engagement services as
described in the BHBH Program Plan and service
metrics.
Participation in Monitoring and TTA
♦ Learning Collaborative Sessions
129 BHBH Program County BHA Statement of Work 5
Item Billing Deliverable Description Amount Deliver
Code On or
Before
• Participate in statewide Learning Collaborative
sessions on a quarterly basis at minimum; session
schedule to be provided by AHP.
• At least one staff member shall attend each
quarterly Learning Collaborative.
♦ Coaching Calls, Webinars/Trainings, Monitoring
Reviews, and Site Visits
• One staff member shall participate in coaching
calls monthly with AHP; session schedule to be
provided by AHP.
• Participate in webinars/trainings and working
meetings on a quarterly basis at minimum; session
schedule to be provided by AHP.
• Respond to AHP requests for information, reviews,
and site visits as indicated and described in the
Subcontract Agreement.
♦ If applicable, conduct County BHA BHBH Program
implementation and capacity-building activities as
described in the BHBH Program Plan.
Reporting-Year 2
♦ Subcontractor shall participate in data collection and submission of quarterly narrative, data, and financial
reports. Reports will be submitted as directed by AHP.
These reports will summarize progress in
implementing the BHBH Program Plan; expending
funds, including, without limitation, equipment
purchases; subcontracting; and providing bridge
housing for individuals experiencing homelessness
and serious behavioral health conditions; and must
include accomplishments and any barriers to goals of
the BHBH Program. The reports must cover the
following time frames and observe the following due
dates:
• Year 2, Quarter 1: July 1-September 30, 2024,
due by November 15, 2024
• Year 2, Quarter 2: October 1-December 31, 2024,
due by February 15, 2025
• Year 2, Quarter 3: January 1-March 31, 2025, due
by May 15, 2025
• Year 2, Quarter 4: April 1-June 30, 2025, due by
August15,2025
♦ Meet state requirements for submission of data into
the HMIS system as required by AB 977 when and in
the manner required.
130 BHBH Program County BHA Statement of Work 6
Item Billing Deliverable Description Amount Deliver
Code On or
Before
4 7524.0 SOLELY FOR THOSE BHBH PROGRAM PLAN PROJECTS Start-up Decem Year 1 WITH START-UP INFRASTRUCTURE, YEAR 2 (JULY 1, Infrastructure ber 31, 2 2024, TO DECEMBER 31, 2024) Costs shall be 2024
provided in
Complete individual BHBH Start-Up Infrastructure Projects payments as described in according to the budget and schedule included in the Section 4 of BHBH Program Plan. the
♦ Implement the construction plan for each project as subcontract. described in the BHBH Program Plan, budget, and
schedule, pursuant to this Subcontract Agreement 10% of total including Attachment F. start-up
infrastructure
Acquisition (if applicable) costs
♦ Demonstrate site control as described in Section 4 of ($464,000) the Subcontract Agreement, including Attachment F. calculated as ♦ Establish an escrow account. follows: .10 x
♦ Meet all requirements listed in Section 4 of $464,000 = Subcontract Agreement, including Attachment F. $46,400
♦ Obtain deed restriction as required, if applicable.
Complete Construction/Renovation (if applicable)
♦ Demonstrate site control as described in Section 4 of the Subcontract Agreement, including Attachment F.
♦ Meet all requirements included in Section 4 of
Subcontract Agreement, including Attachment F.
♦ Obtain deed restriction as required, if applicable.
♦ Provide required documentation and monitoring as
described in BHBH Program Plan, budget, and
schedule.
Other Approved Costs (if applicable)
Start-Up Furnishings, Appliances and Equipment
♦ Acquire all start-up furnishing, appliances and
equipment included in BHBH Program Plan, budget,
and schedule.
♦ Implement monitoring plan and ensure costs are
allowable and compliant with local, state, and federal
laws.
♦ Provide required documentation and monitoring as
described in BHBH Program Plan, budget, and
schedule.
Implement Construction Monitoring Plans; Participate in Monitoring and AHP Review Requirements
♦ Provide a summary report on each individual project
as described in the BHBH Program Plan, budget, and
schedule, pursuant to this Subcontract Agreement,
including Attachment F and prior to submitting a
request for payment.
131 BHBH Program County BHA Statement of Work 7
Item Billing Deliverable Description Amount Deliver
Code On or
Before
♦ For each specific site, upon the completion of the site, provide a summary narrative and financial report and
compliance documentation for each individual project
as described in the BHBH Program Plan, budget, and
schedule, pursuant to this Subcontract Agreement,
including Attachment F.
♦ Ensure that each start-up infrastructure site is
available within one year of execution of Subcontract
Agreement.
Reporting
♦ Provide summary reporting on each BHBH Program
Plan project and documentation of certificate of
occupancy within one year of execution of Subcontract
Agreement, as required by the BHBH Program Plan.
♦ Provide any necessary documentation requested by
AHP for desk reviews and processing payment
requests.
I Year 2 Subtotal $963,579
5 7524.0 YEAR 3 - JULY 1, 2025, TO JUNE 30, 2026 - PROGRAM Upon June Year 1 IMPLEMENTATION AND REPORTING approval of 30,
3 cost 2026
BHBH Program Plan reconciliation
♦ Submit any updates to the BHBH Program Plan for report for approval utilizing templates provided by AHP and second based on the submitted County BHA BHBH Program disbursement proposal. amount, third
♦ AHP will send back any revisions and County BHA disbursement amount shall shall submit any required revisions within ten business be twenty-five days from date of receipt and return the revised Plan percent (25%) to AHP for approval. DHCS shall grant final approval to of subcontract the BHBH Program Plan via AHP, and no subsequent grand total revisions may be made without DHCS approval. ($4,132,715) LESS total
BHBH Program Policies and Procedures start-up
♦ Submit any updates to previously approved policies infrastructure and procedures for approval with quarterly reports as costs needed. calculated as
♦ Implement the policies and procedures in the follows:
administration of Rental Assistance, Participant ($4,132,715- Assistance Funds, Landlord Outreach and Mitigation $464,000) funds and/or Auxiliary Funding in Assisted Living and x.25 = other BHBH program operations. $917,179
Delivery of Behavioral Health Bridge Housing and
Operations
♦ Deliver direct behavioral health bridge housing
services including Shelter/Interim Housing, Rental
Assistance, Auxiliary Funding in Assisted Living, and
132 BHBH Program County BHA Statement of Work 8
Item Billing Deliverable Description Amount Deliver
Code On or
Before
Housing Navigation as described in the BHBH
Program Plan, including the service metrics and
program requirements.
♦ Collect program and individual data as described in the BHBH Program Plan and as requested by AHP.
♦ Provide outreach and engagement services as
described in the BHBH Program Plan and service
metrics.
Participation in Monitoring and TTA
♦ Learning Collaborative Sessions
• Participate in statewide Learning Collaborative
sessions on a quarterly basis at minimum; session
schedule to be provided by AHP.
• At least one staff member shall attend each
quarterly Learning Collaborative.
♦ Coaching Calls, Webinars/Trainings, Monitoring
Reviews, and Site Visits
• One staff member shall participate in coaching
calls monthly with AHP; session schedule to be
provided by AHP.
• Participate in webinars/trainings and working
meetings on a quarterly basis at minimum; session
schedule to be provided by AHP.
• Respond to AHP requests for information, reviews,
and site visits as indicated and described in the
Subcontract Agreement.
♦ If applicable, conduct County BHA BHBH Program
implementation and capacity-building activities as
described in the BHBH Program Plan.
Reporting-Year 3
♦ Subcontractor shall participate in data collection and submission of quarterly narrative, data, and financial
reports. Reports will be submitted as directed by AHP.
These reports will summarize progress in
implementing the BHBH Program Plan; expending
funds, including, without limitation, equipment
purchases; subcontracting; and providing bridge
housing for individuals experiencing homelessness
and serious behavioral health conditions; and must
include accomplishments and any barriers to goals of
the BHBH Program. The reports must cover the
following time frames and observe the following due
dates:
• Year 3, Quarter 1: July 1-September 30, 2025,
due by November 15, 2025
• Year 3, Quarter 2: October 1-December 31, 2025,
due by February 15, 2026
133 BHBH Program County BHA Statement of Work 9
Item Billing Deliverable Description Amount Deliver
Code On or
Before
• Year 3, Quarter 3: January 1-March 31, 2026, due
by May 15, 2026
• Year 3, Quarter 4: April 1-June 30, 2026, due by
August 15, 2026
♦ Meet state requirements for submission of data into
the HMIS system as required by AB 977 when and in
the manner required.
I
Year 3 Subtotal $917,179
6 7524.0 YEAR 4 -JULY 1, 2026, TO JUNE 30, 2027- PROGRAM Upon June Year 1 IMPLEMENTATION AND REPORTING approval of 30,
4 BHBH Program Plan cost 2027
♦ Submit any updates to the BHBH Program Plan for reconciliation approval utilizing templates provided by AHP and report for third based on the submitted County BHA BHBH Program disbursement proposal. amount,
♦ AHP will send back any revisions and County BHA fourth disbursement shall submit any required revisions within ten business amount shall days from date of receipt and return the revised Plan be twenty-five to AHP for approval. DHCS shall grant final approval to percent (25%) the BHBH Program Plan via AHP, and no subsequent of subcontract revisions may be made without DHCS approval. grand total ($4,132,715)
BHBH Program Policies and Procedures LESS total
♦ Submit any updates to previously approved policies start-up and procedures for approval with quarterly reports as infrastructure needed. costs
♦ Implement the policies and procedures in the calculated as administration of Rental Assistance, Participant follows:
Assistance Funds, Landlord Outreach and Mitigation ($4, 132,715- funds and/or Auxiliary Funding in Assisted Living and $464,000) other BHBH program operations. x.25 =
$917,178
Delivery of Behavioral Health Bridge Housing and
Operations
♦ Deliver direct behavioral health bridge housing
services including Shelter/Interim Housing, Rental
Assistance, Auxiliary Funding in Assisted Living, and
Housing Navigation as described in the BHBH
Program Plan, including the service metrics and the
program requirements.
♦ Collect program and individual data as described in the BHBH Program Plan and as requested by AHP.
♦ If applicable, provide outreach and engagement
services as described in the BHBH Program Plan and
service metrics.
Participation in Monitoring and TTA
♦ Learning Collaborative Sessions
134 BHBH Program County BHA Statement of Work 10
Item Billing Deliverable Description Amount Deliver
Code On or
Before
• Participate in statewide Learning Collaborative
sessions on a quarterly basis at minimum; session
schedule to be provided by AHP.
• At least one staff member shall attend each
quarterly Learning Collaborative.
♦ Coaching Calls, Webinars/Trainings, Monitoring
Reviews, and Site Visits
• One staff member shall participate in coaching
calls monthly with AHP; session schedule to be
provided by AHP.
• Participate in webinars/trainings and working
meetings on a quarterly basis at minimum; session
schedule to be provided by AHP.
• Respond to AHP requests for information, reviews,
and site visits as indicated and described in the
Subcontract Agreement.
♦ If applicable, conduct County BHA BHBH Program
implementation and capacity-building activities as
described in the BHBH Program Plan.
Reporting-Year 4
♦ Subcontractor shall participate in data collection and submission of quarterly narrative, data, and financial
reports. Reports will be submitted as directed by AHP.
These reports will summarize progress in
implementing the BHBH Program Plan; expending
funds, including, without limitation, equipment
purchases; subcontracting; and providing bridge
housing for individuals experiencing homelessness
and serious behavioral health conditions; and must
include accomplishments and any barriers to goals of
the BHBH Program. The reports must cover the
following time frames and observe the following due
dates:
• Year 4, Quarter 1: July 1-September 30, 2026,
due by November 15, 2026
• Year 4, Quarter 2: October 1-December 31 , 2026,
due by February 15, 2027
• Year 4, Quarter 3: January 1-March 31 , 2027, due
by May 15, 2027
• Year 4, Quarter 4: April 1-June 30, 2027, due
June 30, 2027
♦ Meet state requirements for submission of data into the HMIS system as required by AB 977 when and in the
manner required.
♦ Submit a final report by June 30, 2027.
Year 4 Subtotal $917,178
Subcontract Grand Total $4,132,715
135 BHBH Program County BHA Statement of Work 11
136 BHBH Program County BHA Statement of Work 12
ATTACHMENT D
ATTACHMENT D
RATE SCHEDULE
(Under DHCS Agreement No. 22-20456-BHBH)
[ATTACHED]
RATE SCHEDULE
137
ATTACHMENT D
PAYMENT SCHEDULE
SUBCONTRACTOR FUNDING/BUDGET
COUNTY NAME: Yolo County
Infrastructure Funding Usage Description Budgeted Amount Total Start-Up Infrastructure Funding $464,000
Start-Up Infrastructure Budget Subtotal $464,000
Non-Infrastructure Funding Usage Description Budgeted Amount Operating Bridge Housing $3,604,549
Other Flexible Funding Categories (no Infrastructure) $64,166 Budget Subtotal $3,668,715
Total Budget $4,132,715
Start-Up Infrastructure (SUI) Payment Schedule*
Invoicing Date Invoice Description Amount of Invoice
Range
SUI Acquisition Initial Advanced Payment of Ninety Percent (90%) of Invoice 1: 06/23/23- Acquisition Costs Acquisition Subtotal 6/30/24
SUI Acquisition Remainder of Acquisition Ten Percent (10%) of Invoice 2: 06/23/23 - Costs Acquisition Subtotal
12/31/24
SU I Renovation Initial Advanced Payment of Fifty Percent ( 50%) of Invoice 1: 06/23/23- Real Estate Renovation Costs Renovation Subtotal 6/30/24
SU I Renovation Second Payment of Real Up to Forty Percent (40%) Invoice 2: 06/23/23 - Estate Renovation Costs Per of Renovation Subtotal 6/30/24 Approved Cost Report Amount
Submitted by Subcontractor
SU I Renovation Final Payment of Real Estate Ten Percent (10%) or Invoice 3: 7/01/24- Renovation Costs Upon Remainder of Renovation 12/31/24 Completion of AHP "desk Subtotal
review" of all previously
submitted expenses
SUI Other Invoice 1: Advanced Payment of Initial Twenty-Five Percent (25%) 06/23/23 - 6/30/24 Furnishings, Equipment, of Initial Furnishings, Appliances, Other or Indirect Equipment, Appliances,
Approved Costs Other or Indirect Approved
Costs Subtotal
138
SUI Other Invoice 2: Second Installment Payment Twenty-Five Percent (25%) 06/23/23 - 6/30/24 of Furnishings, Equipment, of Initial Furnishings, Appliances, Other or Indirect Equipment, Appliances,
Approved Costs Per Approved Other or Indirect Approved
Cost Report Amount Costs Subtotal
Submitted by Subcontractor
SUI Other Invoice 3: Third Installment Payment of Twenty-Five Percent (25%) 06/23/23 - 6/30/24 Furnishings, Equipment, of Initial Furnishings, Appliances, Other or Indirect Equipment, Appliances,
Approved Costs Per Approved Other or Indirect Approved
Cost Report Amount Costs Subtotal
Submitted by Subcontractor
SUI Other Invoice 4: Final Installment Payment of Twenty-Five Percent (25%) 06/23/23 - 12/31/24 Furnishings, Equipment, or Remainder of Initial Appliances, Other or Indirect Furnishings, Equipment,
Approved Costs Per Approved Appliances, Other or
Cost Report Amount Indirect Approved Costs
Submitted by Subcontractor Subtotal
* If a County BHA has more than one approved Start-Up Infrastructure Project as a part of their BHBH Plan - each project would be invoiced separately and denoted as invoice a, b, c. A customized invoicing template will be provided by AHP.
Non-Infrastructure Payment Schedule
COUNTY NAME: Yolo County
Funding Usage Description Budgeted Amount
Operating Bridge Housing $3,604,549
Flexible Funding Categories (no Infrastructure) $64,166 Total Budget $3,668,715
Invoicing Date Invoice Description Amount of Invoice
Range
Invoice 1: 06/23/23- Initial Advanced Payment of Twenty-Five Percent (25%) 6/30/24 Non-Infrastructure Program of Subcontract Grand Total Funds for completion and
initial implementation of BHBH
Program Plan.
Invoice 2: 7/01/24- Second Installment Payment Up to Twenty-Five Percent 6/30/25* of Non-Infrastructure Program (25%) of Subcontract Funds Per Approved Cost Grand Total
Report Amount Submitted by
Subcontractor for delivery of
Bridge Housing as described
in the BHBH Program Plan.
139
Invoice 3: 7/01/25 - Third Installment Payment of Up to Twenty-Five Percent 6/30/26* Non-Infrastructure Program (25%) of Subcontract Funds Per Approved Cost Grand Total
Report Amount Submitted by
Subcontractor as described in
the BHBH Program Plan.
Invoice 4: 7/01/26 - Final Installment Payment of Twenty-Five Percent (25%) 6/30/27* Non-Infrastructure Program or Remainder of
Funds Per Approved Cost Subcontract Grand Total
Report Amount Submitted by
Subcontractor as described in
the BHBH Program Plan.
*Invoicing may be expedited to an interval less than annually, but no more often than quarterly.
140
ATTACHMENT E
ATTACHMENT E
SCHEDULE ------- (Under DHCS Agreement No. 22-20456-BHBH) [Intentionally Left Blank]
-------SCHEDULE
141
ATTACHMENT F
SPECIAL REAL ESTATE REQUIREMENTS
(Under DHCS Agreement No. 22-20456-BHBH)
The State of California through the Department of Health Care Services ("DHCS") is administering the Behavioral Health Bridge Housing Program ("BHBH Program") through noncompetitive predetermined funding to be awarded to county behavioral health agencies ("Behavioral Health Agencies" or "BHAs") to address the immediate housing and treatment need of people experiencing homelessness who have serious behavioral health conditions (such as a serious mental illness and/or substance use disorder) that prevent them for accessing help and moving out of homelessness.
In the event Subcontractor elects to expend up to twenty-five percent (25%) of its BHBH Program funds towards bridge housing start-up infrastructure (the "Infrastructure Project"), then the Special Real Estate Requirements set forth in this Attachment F (herein, "Program Funds") shall apply.
BHBH Program funding may be used for start-up costs and to make facilities more available to individuals with serious behavioral health conditions. Bridge housing startup infrastructure funding is limited to seventy-five thousand dollars ($75,000) per bed.
All bridge housing start-up infrastructure activities must be complete, and beds made available within one ( 1) year of execution of the Agreement.
These Special Real Estate Requirements shall become effective upon execution of the underlying Agreement and shall automatically expire concurrently with the expiration of the Prime Contract (the "Expiration Date") unless earlier terminated by AHP or DHCS (the "Term"). Terms not defined herein shall have the definitions ascribed in the Subcontract Agreement.
In the event Subcontractor was approved for the purchase of a facility or rehabilitation/renovation project, Subcontractor's plan to complete the project within one (1) year and Subcontractor's approved budget shall be incorporated herein by reference. Subcontractor further agrees that it shall be fully and solely responsible for any and all cost overruns of Subcontractor's project.
Article 1.
Conditions to Disbursement
AHP shall disburse the Program Funds to the Subcontractor for the amount of any reasonable, actual, and documented costs incurred in accordance with the Agreement, the SOW and the BHBH Program Plan for the Infrastructure Project upon satisfaction
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
142
of the requirements described in Section 1.1 below. Program Funds shall be disbursed for infrastructure construction costs only upon FULL satisfaction of the requirements in Section 1.1 and the additional requirements of Section 1.2, below. Program Funds disbursed for real property acquisition shall be disbursed only upon FULL satisfaction of the requirements in Section 1.1 and the additional requirements of Section 1.3. below. Program Funds to be disbursed for construction costs shall be disbursed only upon FULL satisfaction of the requirements of Section 1.1 and the additional requirements described in Section 1.4. below. Thereafter, Program Funds shall be disbursed to the Subcontractor for costs incurred for the Infrastructure Project within thirty (30) days of receipt of a complete request for Program Funds, provided such request for funds is approved by AHP or its designee.
1.1 Subcontractor Obligations
1.1.1 Subcontractor is responsible for ensuring that they and their subcontractors and other vendors meet all federal, state, and local requirements.
1.1.2 Subcontractor is responsible for ensuring that they and their subcontractors and all other vendors satisfy all requirements set forth in the RFA, the Agreement, and the BHBH Program.
1.1.3 Subcontractor shall comply with the terms of the provisions of these Special Real Estate Requirements and fully executed copies of the Agreement and this Attachment F.
1.2 Requirements for Disbursement of Program Funds - Infrastructure Construction Costs
1.2.1 No Program Funds shall be released to the Subcontractor for any Infrastructure Project costs until the Subcontractor submits, and AHP approves, the documents described below, and any additional supporting information, as may be required:
1.2.1.1 A construction monitoring plan that shall include, at a minimum:
1.2.1.1.a. Review of building and construction plans, contracts with general contractors and significant subcontractors,
permits, and change orders;
1.2.1.1.b. Periodic site inspections by Subcontractor staff or designees, with pictures and certified reports to
accompany invoicing to AHP;
1.2.1.1.c. Policies and procedures for addressing cost overruns and Subcontractor or any underlying subcontractor or vendors failure to perform;
1.2.1.1.d. Policies and procedures for implementing responsibilities for managing, processing, and distributing payments as
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
143
the Project's fiscal intermediary, including ensuring that each contracting party receives funding in a timely manner in pursuance of its contractual obligations entered into with the Subcontractor;
1.2.1.1.e. Mechanisms and processes to oversee and monitor ongoing compliance with contractual obligations, including infrastructure and rental assistance programs (see
Section 1.5, below), that may require onsite visits and desk reviews, and all designed to protect against fraud and abuse throughout the term of the Agreement; and
1.2.1.1.f. Maintaining detailed records of accounts of all funds distributed and expended on the Project, by whom they
were spent, and how the funds were utilized.
1.2.1.2 The Subcontractor's request for funds, with all required supporting documents appended thereto.
1.2.1.3 Certificates of insurance, or a certification of the Sponsor of selfinsurance coverage if the Sponsor is self-insured, evidencing coverages required by the Agreement and naming AHP and DHCS as additional insureds, which shall be in the form and substance acceptable to AHP and DHCS.
1.2.1.4 Executed an access agreement allowing DHCS, or its designee, access to the facility or facilities funded by the Project Funds.
1.3 Requirements for Disbursement of Program Funds - Property Acquisition Costs. Expenditures that include contributing to the purchase of property will require site control, defined as ownership, an executed purchase and sale agreement, and/or other agreement that is legally enforceable to the satisfaction of AHP that satisfies site control. No Program Funds shall be released to the Subcontractor for any Infrastructure Project costs related to the acquisition of real property until the Subcontractor satisfies the requirements described in Section .1.1 above. The Subcontractor obtains and notifies AHP of receipt and AHP, at its sole discretion, may determine to review and approve any and all documents described in this Section 1.3, and any additional information as may be required by AHP. AHP reserves the right to request copies of any information provided herein. Program Funds disbursed for acquisition of real property will be deposited directly into an escrow account opened by the Subcontractor for the transfer of title of the real property with the appropriate title company, and the following documents produced:
1.3.1 fully executed purchase and sale agreement or other agreement evidencing the Subcontractor's site control over the property upon which the Project is to be constructed or operated, which shall be in the form and substance acceptable to Subcontractor.
1.3.2 A written appraisal report setting forth an opinion of fair market value of the real property upon which the Infrastructure Project is to be constructed or operated prepared by a certified general appraiser
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
144
licensed in the State of California ("Certified Appraisal Report"), which shall be in the form and substance acceptable to Subcontractor.
1.3.3 A current title report reflecting all existing liens, encumbrances, taxes owed, easements, covenants, or any other restrictions for the real property to be acquired. If the Subcontractor's interest in the real property to be acquired is a leasehold, then the Subcontractor shall provide a current title report for the leasehold interest and the fee interest. For tribal trust land, the Subcontractor shall provide a certified Title Status Report from the U.S. Department of the Interior Bureau of Indian Affairs or an attorney's opinion regarding chain of title and current title status. All of the foregoing shall be in the form and substance acceptable to Subcontractor;
1.3.4 Any acquisition of real property that requires a deed of trust shall also require a commitment from a title insurance company for an AL TA Lenders Title Insurance policy in a form acceptable to AHP in the amount of the Program Funds disbursed for purposes of acquiring the property. The condition of title, the insurer, the liability amount, the form of policy, and the endorsements shall be subject to AHP approval. The policy shall insure that the Subcontractor holds good and marketable title (fee simple or leasehold) and shall show the Declaration of Restrictions in the lien priority approved by AHP and only subject to such title exceptions as are approved by AHP, its designee, or DHCS.
1.3.5 Evidence of any additional funds necessary for the Subcontractor to acquire the property to be used for bridge housing if the Program Funds are not providing the full amount of the acquisition costs, which shall be in the form and substance acceptable AHP and DHCS.
1.3.6 Signed escrow instructions, providing for the following:
1.3.6.1 When applicable, a Declaration of Restrictions, as approved by AHP and/or including its designee or DHCS, shall be recorded at the close of escrow against the real property upon which the Project is to be constructed or operated; and
1.3.6.2 When applicable, a Deed of Trust, as approved by AHP and/or including its designee or DHCS, shall be recorded at the close of escrow against the real property upon which the Project is to be constructed or operated.
1.3.7 AHP may, at the direction of DHCS, waive the signed escrow instructions requirement as set forth in Section 1.3.6, above. In those cases, the Subcontractor shall execute a facility access agreement allowing AHP, DHCS, or its designee, access to the facility or facilities funded by the Project Funds, and requiring the Subcontractor to use the property, or portion of the property funded by the Project Funds for the intended purpose. In the event the Subcontractor violates the terms of the facility access agreement, AHP at the direction of DHCS or DHCS on its own shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
145
restriction or limitation of any other rights and remedies available at law or in equity.
1.4 Requirements for Disbursement of Program Funds - Construction Costs. No Program Funds shall be released to the Subcontractor for Infrastructure Project costs for construction activities until the Subcontractor satisfies the requirements described in Sections 1.1 and 1.2, above, and the Subcontractor obtains and notifies AHP of receipt and AHP, at its sole discretion, may determine to review and approve any and all documents described in this Section 1.4, and any additional information as may be required by AHP. AHP reserves the right to request copies of any information provided herein.
1.4.1 The Subcontractor and the Subcontractor's general contractor shall submit documentation certifying compliance with requirements related to public works projects pursuant to California Labor Code section 1720 et seq., as well as all applicable federal labor and wage laws. AHP, at its sole discretion, has the right but not the obligation to review and approve any and all documents described in this Section 1.4 and any additional information or documents as may be required by AHP hereunder.
1.4.2 Plans and specifications for the construction work as identified in the SOW and BHBH Program Plan, which shall be in the form and substance acceptable to Subcontractor.
1.4.3 A construction contract that is based on construction plans, with a licensed general contractor for an amount consistent with the construction costs in the approved Infrastructure Project budget incorporated into the SOW, which shall be in the form and substance acceptable to Subcontractor, including execution of any construction contract rider, when applicable.
1.4.4 Copies of labor and material bonds and performance bonds for the construction work in an amount equal to one hundred percent (100%) of the cost of construction, which shall be in the form and substance acceptable to Subcontractor, naming AHP and DHCS as co-obliges on the bonds.
1.4.5 Copies of all required building, land use, and fire clearance or other required building permits or approvals for the Infrastructure Project, which shall be in the form and substance acceptable to Subcontractor.
1.4.6 The Subcontractor has submitted a written request for Program Funds on a form approved by AHP providing sufficient detail and with sufficient supporting documentation to permit AHP or its designee to confirm that the request is consistent with the terms of this Agreement and the Project budget.
1.4.7 When a disbursement is requested to pay any contractor in connection with the construction work, the written request must be accompanied by a certification by the Subcontractor's architect or project manager that the work for which disbursement is requested has been completed
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
146
(although AHP reserves the right to inspect or have its designee inspect the Project and make an independent evaluation); and (b) lien release and/or mechanics lien title insurance endorsements reasonably acceptable to AHP.
1.5 Requirements for Disbursement of Program Funds - Rental Assistance To receive BHBH Program rental assistance funds, Subcontractor must submit for DHCS review related policies and procedures that address the following:
1.5.1 The calculation of rental assistance, which must be indicated and must use either Fair Market Rents (FMRs) or a rent reasonableness methodology to calculate allowable rental rates. Subcontractor may offer either shallow subsidies up to a specific dollar amount or a formula in which the individual pays a portion of the rent based on income.
1.5.2 Clear eligibility requirements for individuals and units for short-term and/or mid-term rental assistance. The requirements for both short- and mid-term assistance may be the same, or the Subcontractor may have fewer requirements for short-term assistance than for mid-term.
1.5.3 Fraud prevention, along with regular audits and clear documentation of all payments.
1.5.4 Requirements for payments to be made directly to property owners or managers.
1.5.5 Requirements to provide supportive services and resources to individuals who are receiving rental assistance, to remove barriers and help them obtain longer-term rental assistance or other affordable housing.
1.5.6 Requirements for participants to have access to onsite supportive services at the facility or though home visits.
1.6 Waiver of Terms and Conditions. It is understood that DHCS may, in its sole discretion, through AHP and Subcontractor's BHBH Program Plan, waive, in whole or in part, in writing any of the terms and provisions of this Attachment F.
Any such waiver shall be in writing and without prejudice to DHCS's rights in respect of any other terms or provisions therein. Except as specifically set forth in writing, no further waivers of any terms or provisions contained in this Attachment F shall be construed as a waiver of any subsequent terms or provisions herein.
Article 2.
Notification to Proceed
In the event that Program Funds are used for the performance of construction on the Project, the Subcontractor shall submit an updated budget and schedule to AHP for its approval prior to the Subcontractor's issuance of a notice to proceed to its general contractor. The updated budget and schedule shall be consistent with the final plans and specifications for the Project. The Subcontractor shall not issue a notice to proceed
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
147
to its general contractor until AHP has approved the updated budget and schedule, if any.
Article 3.
Performance
The Subcontractor shall comply with the schedule set forth in the Performance Milestones and shall provide any certification when requested. The Subcontractor shall provide regular progress reports to AHP but in all events at least quarterly, including its progress toward meeting the Performance Milestones. The Subcontractor may apply to AHP for an extension of any Performance Milestones or an extension to submit any required certification, which AHP may approve based on a showing of good cause and acceptable assurances from the Subcontractor for timely completion of the remaining Performance Milestones as determined by AHP. Any extension granted by AHP shall not be effective unless granted in writing, and such writing shall be considered an amendment to this Agreement and incorporated herein.
Article 4.
Default
FAILURE TO SATISFY ANY ONE OF THE CERTIFICATIONS AND/OR
PERFORMANCE MILESTONES (UNLESS SUCH PERFORMANCE MILESTONE IS
EXTENDED) SHALL CONSTITUTE A BREACH OF THIS AGREEMENT AND
ENTITLE AHP TO MANDATE THE SUBCONTRACTOR TO RETURN TO THE STATE OF CALIFORNIA ANY PROGRAM FUNDS DISBURSED; IN ANY SUCH INSTANCE,
AHP MAY, WITH DHCS APPROVAL, ALSO CANCEL THIS AGREEMENT WITHOUT OWING ANY DAMAGES OR OTHER PAYMENT TO THE SUBCONTRACTOR.
ATTACHMENT F SPECIAL REAL ESTATE REQUIREMENTS
148
County of Yolo 94-6000548
Yolo
Nolan Sullivan, Director
Attachment G
Subcontractor Certification
(Under DHCS Agreement No. 22-20456-BHBH)
Subcontractor Certification Clause
CCC 04/2017
CERTIFICATION:
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective Subcontractor to the clause(s) listed below.
This certification is made under the laws of the State of California.
Subcontractor/Bidder Firm Name Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed inthe County of
SUBCONTRACTOR CERTIFICATION CLAUSES
STATEMENT OF COMPLIANCE:
Subcontractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.)
DRUG-FREE WORKPLACE REQUIRMENTS:
Subcontractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
(b) Establish a Drug-Free Awareness Program to inform employees about:
ATTACHMENT G SUBCONTRACTOR GERTI Fl CATION
149
1. the dangers of drug abuse in the workplace;
2. the person's or organization's policy of maintaining a drug-free workplace;
3. any available counseling, rehabilitation, and employee assistance programs; and,
4. penalties that may be imposed upon employees for drug abuse violations.
(c) Provide that every employee who works on the proposed Agreement will:
1. receive a copy of the company's drug-free policy statement; and
2. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subcontractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Subcontractor has made false certification; or (2) violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
NATIONAL LABOR RELATIONS BOARD CERTIFICATION:
Subcontractor certifies that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against Subcontractor within the immediately preceding two-year period because of Subcontractors failure to comply with an order of a federal court which orders Subcontractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) SUBCONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO
REQUIREMENT
Subcontractor hereby certifies that Subcontractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1,2003.
Subcontractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the Agreement equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any Agreement period of less than a full year or 10% of its Agreement with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services and may be taken into account when determining the award of future contracts with the State for legal services.
EXPATRIATE CORPORATIONS:
Subcontractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1 and is eligible to contract with the State of California.
ATTACHMENT G SUBCONTRACTOR CERTI Fl CATION
150
SWEATFREE CODE OF CONDUCT:
a. All Subcontractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works Agreement, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the Agreement have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subcontractor further declares under penalty of perjury that they adhere to the Sweat free Code of Conduct as set forth on the California Department of Industrial Relations website and Public Contract Code Section 6108. b. The Subcontractor agrees to cooperate fully in providing reasonable access to the Subcontractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Subcontractor's compliance with the requirements under paragraph (a).
DOMESTIC PARTNERS:
For agreements of $100,000 or more, Subcontractor certifies that Subcontractor is in compliance with Public Contract Code section 10295.3.
GENDER IDENTITY:
For agreements of $100,000 or more, Subcontractor certifies that Subcontractor is in compliance with Public Contract Code Section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
CONFLICT OF INTEREST:
Subcontractor needs to be aware of the following provisions regarding current or former state employees. If Subcontractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
a. Current State Employees (PCC 10410):
1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or ATTACHMENT G SUBCONTRACTOR CERTI Fl CATION
151
has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
b. Former State Employees (PCC 10411 ):
1. For the two-year period from the date, he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency.
2. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service.
If Subcontractor violates any provisions of the above paragraphs, such action by Subcontractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) LABOR CODE/WORKERS COMPENSATION:
Subcontractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Subcontractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
AMERICANS WITH DISABLITIES ACT:
Subcontractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101etseq.)
SUBCONTRACTORS NAME CHANGE:
An amendment is required to change the Subcontractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be
ATTACHMENT G SUBCONTRACTOR CERTIFICATION
152
paid prior to approval of said amendment.
CORPORATE QUALIFICATION TO DO BUSINESS IN CALIFORNIA
(a) When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Subcontractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled.
(b) "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.
Although there are some statutory exceptions to taxation, rarely will a corporate Subcontractor performing within the state not be subject to the franchise tax.
(c) Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
RESOLUTION:
A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
AIR OR WATER POLLUTION VIOLATION:
Under the State laws. the Subcontractor shall not be:(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease-and-desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
PAYEE DATA RECORD FORM STD. 204:
This form must be completed by all Subcontractors that are not another state agency or other government entity.
Pursuant to Public Contract Code Section 2010, a person that submits a bid or proposal to, or otherwise proposes to enter into or renew an Agreement with, a state agency with respect to any Agreement in the amount of $100,000 or above shall certify, under penalty of perjury, at the time the bid or proposal is submitted, or the Agreement is renewed, all of the following:
1. CALIFORNIA CIVIL RIGHTS LAWS: For Agreement executed or renewed after January 1, 2017, the Subcontractor certifies compliance with the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and ATTACHMENT G SUBCONTRACTOR GERTI Fl CATION
153
Housing Act (Section 12960 of the Government Code); and
2. EMPLOYER DISCRIMINATION POLICIES For Agreements executed or renewed after January 1, 2017, if a con Subcontractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Subcontractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act (Section 12960 of the Government Code).
ATTACHMENT G
Balance of the page intentionally left blank;
Signature pages to follow.
SUBCONTRACTOR GERTI Fl CATION
154
County of Yolo 94-6000548
Nolan Sullivan, Director
Yolo
CERTIFICATION
I, the official named below, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
Proposer/Bidder Name (Printed): EIN: ---------- -----
By (Authorized Signature):
Printed Name and Title of Person Signing:
Executed in the County of: ________ Executed in the State of California.
Date Executed: ---------
ATTACHMENT G SUBCONTRACTOR GERTI Fl CATION
155
Exhibit G
EO Sanction Notification
DHCS state of California-Health and Human SeNioes Agelilcy Department of Heairnh Care Sesvi.ces
EXHIBITG
May 03, 2022
Oharte-s Galland
Ohief Operating Offirer
Advocates. tor Human
Potential, lrn,c_
4908 Boston Post !Road,
Sl.ldbu:ry, MA O U76
Contract # 21-10368 A01
RE: Co11tra.dor and Grantee Comp~anoo with Eco:oomic Sanctioos Imposed in Response to Russia's Actions in Uk!raiflle
Dear Char1es Galland:
GKV.11.-soll
OOL>ffiT,U;!
On March 4, 2022, Governor Gavin !Newsom issued Exec,uliive Order N-6-22 (EO) re;galding sanctions ll'II response to Russian aggression in Ukraine_ The EO iis tocated at hHps-J/www_go1iu:a.gov/wp-,oontentlup'loads/2022103/3.4.22-Russia-U~raineExeamve-Order.pdf.
The EO directs all agencies .and departments that are subject to ihe Governor's authomy to 1a~e certain immooiate steps, inoJucfjng nmifyJng all contractors arid grantees of their obtigations to comply with ,e~sliing e,conomic sanctions tmposed by the U.S. govemmeot 1in i;esponse to Russia's, actions in Ukrame, as well as any sandions Imposed under state law.
This oo:rrespcmdence se,rves as a notice under the EO that as a ,contractor or ,grantee, compjiance with the economic s-anctioos imposed in response to Russia's adions in UJ(]raine is required, inciuding with respect to, but not ltrnited to, the federal ,executive orders identified in ttle EO and the sanctioos. 1identitied oo the IJ_S_ Department of the Treasury website- (tlttps:Jfl1ome.treasury.gov/po1icy-issues/tinanoial-sanciionsl sa:rndions-pro;grams-and--0ounuy-infcmnaoonruk!rarne--rnssia-ielaited-sancttons).
Faclure to romp:ly may result m the termination of contracts or grants, as applicable.
Ptease note that for any agreements or grants valued at $5 mi[lion or more, a sepai:ate oot,ilicatioo wm be sent outlining addiliornal requirements specified under time EO.
Mninisfraticn
Office MS4200
151l1 Ci!pitol Ave. Sacramento. CA Q6814
Plilooe: ('916). 552--8006
lniEmet.Address; '1ll!p:llwww.lJJ-lGS..cap
SANCTION NOTIFICATION
156
1 Yolo County: Behavioral Health Bridge Housing (BHBH)
Rental Assistance Policies and Procedures
The Yolo County Behavioral Health Agency will use Behavioral Health Bridge Housing (BHBH) Program funding to provide rental assistance. These policies and procedures have been created to meet the requirements set forth in the BHBH Program Request for Applications.
None of the funds used for BHBH rental assistance will supplant other sources of funding, federal or state, that can be used for the purpose of rental assistance for the target population of people experiencing homelessness and who have serious behavioral health conditions.
Administrative Requirements
Changes to Guidelines
Yolo County may revise these guidelines at any time. All grantees will be notified of updates to this guide and will receive email via the latest version. The most recent version will also be posted on Yolo County’s website.
Monitoring
Yolo County will monitor grant activities. Grantees will be given a minimum of 30 days advance notice of monitoring, unless there are special circumstances that require immediate attention. The notice will specify the monitoring components.
Reimbursements
Grantees must bill the County monthly for reimbursement of allowable costs. Contract Payment Requests are due 21 working days following the month in which the grantee has incurred expenditures. The County shall issue payment no later than 25 working days after the receipt of complete and accurate billing information as determined by the County. The submission of incomplete or inaccurate billing information may delay the reimbursement process. Exceptions to billing procedures can be negotiated with Yolo County on a case-by-case basis. Invoices must be submitted electronically to the following email addresses:
[email protected]
Kerrie Covert: [email protected]
Budget Revisions
Budget revisions must be requested by contacting the grantee’s assigned Contract Monitor and submitted using the Technical Submission form. Budget revisions requesting to move funds across Categories or Components will require a contract amendment. 157
2 Spending Timeline Requirements
Yolo County BHA will provide BHBH short-term Rental Assistance for a maximum of 90 days and mid-term rental assistance for a maximum of 24 months (with the possibility of a one year extension). Rental Assistance funds will be spent no later than June 30, 2027.
Back-up Documentation
All invoices must include the backup documentation, such as invoices, receipts. Invoices may not be paid until the report(s) are received and verified. DES may require a lead grantee to submit additional documentation. Lead grantees must retain original invoices submitted by their subgrantees. Submitting a rent roll for Rapid Rehousing is encouraged.
If grant funds are expended prior to the end of the contract, a zero invoice/reports must be submitted monthly until the end of the contract period.
For questions related to the BHBH payment process, please contact [email protected]
Lucy Chavez [email protected]
And Kerrie Covert [email protected]
158
3 Participant Eligibility Criteria
Homelessness Criteria
Homelessness:
An individual or family experiencing homeless is defined as any of the following:
An individual or family that lacks adequate nighttime residence An individual or family with a primary residence that is a public or private place not designed for or ordinarily used for habitation.
An individual or family living in a shelter
An individual exiting an institution (including incarceration) into homelessness An individual or family who will imminently lose housing in the next thirty (30) days Unaccompanied youth and homeless families and children and youth defined as homeless under other federal statutes
Individuals fleeing intimate partner violence
This definition is based on the HUD definition of “homeless” with the following modifications:
If exiting an institution, individuals are considered homeless if they were experiencing homelessness immediately prior to entering that institutional stay, regardless of the length of institutionalization.
The timeframe for an individual or family that will imminently lose housing has been extended from fourteen (14) days to thirty (30) days.
Serious Behavioral Health Condition Criteria
The BHBH Program eligibility criteria are adapted from the Specialty Mental Health Services (SMHS) access criteria (BHIN 21-073) and the Drug Medi-Cal Organized Delivery System/Drug Medi-Cal access criteria (BHIN 21-071; BHIN 23-001), including all CARE Program participants.
There are no age restrictions on BHBH Program participants. To be eligible for a BHBH Programfunded project, an individual must meet one of the following criteria:
1. The individual has one or more of the following:
a. Significant impairment, where "impairment" is defined as distress, disability, or dysfunction in social, occupational, or other important activities, including education and family relationships
b. A reasonable probability of significant deterioration in an important area of life functioning
c. A need for SMHS, regardless of presence of impairment (for individuals under age 21) 159
4 AND
The individual's condition, as defined in a, b, and/or c, is due to either of the following:
a. A diagnosed mental and/or substance-related or addictive disorder, according to the criteria of the current editions of the Diagnostic and Statistical Manual of Mental Disorders (DSM) and the International Statistical Classification of Diseases and Related Health Problems (!ICD)
b. A suspected mental and/or substance-related or addictive disorder that has not yet been diagnosed
OR
2. The individual has at least one of the following:
a. At least one diagnosis from the current edition of the DSM for Substance-Related and Addictive Disorders, with the exception of Tobacco-Related Disorders and Non-Substance-Related Disorders
b. At least one suspected diagnosis from the current edition of the DSM for Substance- Related and Addictive Disorders, with the exception of TobaccoRelated Disorders and Non-Substance-Related Disorders OR
3. The individual is a CARE Program participant, regardless of whether they meet the criteria in paragraph (1) or (2), above.
Verification Protocols
Verification protocols: Homeless Verification
Intake Worker should make every effort to obtain verification of eligibility in the following order:
1. Third Party Verification
a. Third party written verification, including existing and available documents b. Third party oral statement
2. Intake worker observation
3. Self-Certification by applicant/participant
Third-Party Documentation
All third-party documentation should be signed and dated by the third party (as appropriate).
Priority for of Third-Party documentation
1. Third-Party Written Verification document standards:
a. Conform to general documentation standards
b. Demonstrate that it came from an appropriate party, for example:
i. Official communication or referrals on agency letterhead or program form; ii. Email from provider/third party from an agency email address; 160
5 iii. Standardized certification form;
iv. Discharge paperwork from an institution or
v. HMIS record—both must contain information about the dates the potential program participant resided there.
c. Recommend using a standardized form for the program
2. Third-Party Oral Statement Documentation Standards:
a. Conform to general documentation standards
b. Identify the third-party providing the oral verification and date oral verification was received
c. Identify the intake worker recording the oral statement d. Include signed and dated certification by the intake worker as true and complete e. Recommend using a standardized form for the program
Intake Worker Observation Documentation Standards:
1. Conform to general documentation standards
2. Identify the intake worker making the observations
3. Include signed and dated certification by the intake worker as true and complete
4. Recommend using a standardized form for the program
Self-Certification Documentation Standards:
1. Conform to general documentation standards
2. Identify the individual or head of household providing the self-certification
3. Include signed and dated certification by the individual or head of household as true and complete*
4. Recommend using a standardized form for the program
Additional guidance for documenting homelessness status on HUD:
1. Intake workers are responsible for obtaining the evidence of homeless status, not applicant/participant.
2. An intake worker should NOT contact anyone for documentation that the person feels would jeopardize his or her safety.
3. If a self-certification is provided for verification of eligibility, intake workers must document their due diligence in trying to obtain third party verification. a. Due diligence documentation should include the following:
i. Description of efforts to contact and obtain third-party documentation, including dates, times, and supporting documentation
ii. Description of outcome, including obstacles encountered iii. Signed and dated certification by intake workers that all documents are true and complete
iv. Recommend using a standardized form for the program 161
6 Forms:
Third party verification
Intake worker observation (HMIS intake form)
Self-certification
Verification protocols: Serious Behavioral Health Conditions The intake worker should make every effort to obtain verification of eligibility in the following order:
1. Written diagnosis of the serious behavioral health condition by a professional
2. Written documentation from the Social Security Administration (SSA)
3. Observations of serious behavioral health symptoms recorded by intake staff Written diagnosis of the serious behavioral health condition by a professional:
1. Conform to general documentation standards
2. Clinical or medical licensed by the state to diagnose and treat identified condition documents provided with application
3. Include signed and dated certification by the intake worker as true and complete
4. Recommend using a standardized form for the program
Written documentation from the Social Security Administration (SSA)
1. Conform to general documentation standards
2. The health disorder documents from the department of Social Security Administration
3. Include signed and dated certification by the intake worker as true and complete
4. Recommend using a standardized form for the program
Observations of serious behavioral health symptoms recorded by intake staff
1. Conform to general documentation standards
2. Identify the intake worker making the observations
3. Include signed and dated certification by the intake worker as true and complete
4. Recommend using a standardized form for the program
Verifying Eligibility and Determining Need at Entry
All grantees, regardless of component, must verify and document housing status eligibility at the time of the participant’s enrollment. Please see documentation requirements for each housing status in Section Verification Protocols.
The core statutory protections of the Violence Against Women Act (VAWA) prohibit denial or termination of assistance or eviction solely because an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking apply. 162
7 Additionally, at project enrollment, grantees must also determine the amount and type of assistance needed by the participant in order to regain stability through permanent housing. This determination must be conducted in cooperation with the participant and utilizing a strengthbased and person-centered process and result in a Housing Stability Plan. Please see Section 5:
Service Standards for more detailed information by component.
Duplication of Benefits
Duplication of benefits occurs when an individual or household receives financial assistance for the same service, during the same time period, from multiple funding sources. Additional sources of financial assistance and services provided to a household must be documented, and a determination must be made that there is no duplication of benefits. In order to prevent the duplication of benefits, all grantees shall:
Determine and document if the household is receiving assistance from other sources (e.g., philanthropy, FEMA costs for temporary shelter, Emergency Rental Assistance Program, Community Development Block Grant-CV, State Consolidated Housing Grant, etc.) to avoid duplication of benefits and/or disqualification of the household from assistance. Reference any checklists, forms, or tools available to evaluate if the household is receiving assistance from other sources.
Ensure that an evaluation of a participant’s benefits is conducted during re-evaluation.
Determinations of Ineligibility
For each participant determined ineligible to receive BHBH assistance, the record must include documentation of the reason for that determination.
Re-Evaluation of Eligibility
At a minimum, each re-evaluation of eligibility must establish that:
The participant does not have an annual income that exceeds thirty (30) percent of median family income for the area, as determined by HUD; and
The participant lacks sufficient resources and support networks necessary to retain housing without BHBH assistance.
Participant Payment Contribution
The participant will pay a fixed thirty (30) percentage of their gross or adjusted gross income. If a participant has no income, there is no expectation that the participant will pay any portion of the rent.
Determining Area Median Income
Grantees and subgrants must ensure they are using the correct HUD Area Median Income thresholds for their jurisdiction prior to providing Rental Assistance.
Income Calculation
Depending on pay periods used by the employer or the schedule of periodic payments, the following 163
8 calculations convert the average wage into annual income:
Hourly Wage multiplied by Hours Worked Per Week multiplied by 52 weeks Weekly Wage multiplied by 52 weeks
Bi-weekly (every other week) wages multiplied by 26 bi-weekly periods Semi-monthly wage (twice a month) multiplied by 24 semi-monthly periods Monthly wage multiplied by 12 months
Grantee and subgrantee staff can calculate the household’s annual income and eligibility using the sample income verification form or by utilizing HUD’s Income Eligibility Calculator. If using HUD’s calculator, print the summary of the determination and keep in the client’s case file.
Eligible Costs & Activities
Eligible program components are established by Behavioral Health Bridge Housing. The guidance contained herein serves to simplify the implementation of the regulations and identify the activities selected for funding by Yolo County. Bridge Housing will be established and provided based on community needs and Housing First principles and will include voluntary supportive services for individuals experiencing both homelessness and serious behavioral health conditions. However, when indicated, funding may be used to support recovery residences and sober living environments for individuals with significant substance use disorder needs.
Engagement
Activities to locate, identify, and build relationships with people who are experiencing homelessness for the purposes of providing immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and housing programs. Eligible costs include:
Initial assessment of needs and eligibility
Crisis counseling
Addressing urgent physical needs (e.g. providing meals, blankets, clothes, or toiletries) Actively connecting and providing information and referral to programs targeted to homeless people and mainstream social services and housing programs Cell phone costs of outreach workers
Housing Navigator
Assessing housing and service needs and arranging/coordinating/monitoring the delivery of individualized services. Eligible costs include:
Using centralized or coordinated assessment system
Conducting an initial evaluation, including verifying and documenting eligibility Counseling
Developing/securing/coordinating services
Helping to obtain federal, state, and local benefits
Monitoring/evaluating participant progress
Providing information and referrals to other providers 164
9 Developing an individualized housing/service plan, including planning a path to permanent housing stability
Emergency Mental Health Services
Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about a positive resolution of the problem or improved individual or family functioning or circumstances. Outpatient treatment of urgent mental health conditions by licensed professionals in a community-based setting (including streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. Eligible costs include:
Crisis interventions
Prescription of psychotropic medications
Explanation of the use and management of medications
Combinations of therapeutic approaches to address multiple problems Mental Health Services:
Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about a positive resolution of the problem or improved individual or family functioning or circumstances. Problem areas may include family and marital relationships, parent-child problems, or symptom management. Services include direct outpatient treatment of mental health conditions by licensed professionals, provided that other appropriate mental health services are unavailable or inaccessible within the community. Eligible costs include:
Crisis interventions
Individual, family, or group therapy sessions
Prescription of psychotropic medications or explanations about the use and management of medications
Combinations of therapeutic approaches to address multiple problems Substance Abuse Treatment Services:
Treatment services provided by licensed or certified professionals that are designed to prevent, reduce, eliminate, or deter relapse of substance abuse or addictive behaviors. Services are eligible only if other appropriate substance abuse treatment is unavailable or inaccessible within the community. Inpatient detoxification and other inpatient drug or alcohol treatment are not eligible costs. Eligible costs include:
Participant intake and assessment
Outpatient treatment for up to thirty (30) days
Group and individual counseling
Drug testing
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10 Transportation:
Costs of travel by program participants to and from medical care, employment, childcare, or other facilities that provide eligible Essential Services, and the cost of staff travel to support provision of essential services. Eligible costs include:
Cost of a participant’s travel on public transportation Mileage allowance for service workers to visit participants Leasing a vehicle used for transport of participants and/or staff serving participants, including the cost of gas, insurance, taxes, and maintenance for the vehicle Travel costs of staff to accompany or assist program participants to use public transportation Services to Special Populations
Otherwise, eligible essential services that have been tailored to address the special needs of homeless youth, victims of domestic violence and related crimes/threats, and/or people living with HIV/AIDS who are homeless. Eligible costs include (as defined above):
Engagement
Case management
Emergency health services
Emergency mental health services
Transportation
Service Standards
These service standards shall provide guidance for the implementation of all services and activities under all components. Grantees are responsible for ensuring all applicable service standards for their projects are followed.
Requirements for All Components
Households 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 BHBH funds are used – even though the grantee is required to offer such services for the duration of the participant’s enrollment in the program. Program policies should not place a burden on persons accessing housing or shelter and maintaining their placement in the program.
Protection for victims of domestic violence, dating violence, sexual assault, or stalking For the BHBH program, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L, refers to:
The grantee that administers the rental assistance for the purposes of 24 CFR 5.2005(e) The housing owner for the purposes of 24 CFR 5.2005(d)(1), (d)(3), and (d)(4) and
5.2009(a)
The housing owner and the grantee that administers the Rental Assistance for the purposes of 24 CFR 5.2005(d)(2)
The housing owner and the grantee that administers the Rental Assistance for the 166
11 purposes of 24 CFR 5.2007. However, the County may limit documentation requests under 24 CFR 5.2007 to only the grantee, provided that:
o This limitation is made clear in both the notice described under 24 CFR
5.2005(a)(1) and the rental assistance agreement
o The entity designated to receive documentation requests determines whether the participant is entitled to protection under the Violence Against Women Act (VAWA) and immediately advise the participant of the determination o If the participant is entitled to protection, the entity designated to receive documentation requests must notify the owner in writing that the participant is entitled to protection under VAWA and work with the owner on the participant's behalf. Any further sharing or disclosure of the participant's information will be subject to the requirements in 24 CFR 5.2007.
Inspections Requirement:
Yolo County requires that housing must meet the Emergency Solutions Grants (ESG) habitability standards and, when possible and as applicable, should also meet CoC Housing Quality Standards (HQS). The inspection checklist provided by U.S. Department of Housing and Urban Development (HUD) should be included as part of record for inspection.
Habitability Standards
The Housing for all BHBH Program participants receiving rental assistance must meet HUD minimum habitability standards for permanent housing. Providers must document compliance with this standard by signing and completing a Habitability Standards Checklist before the participant signs the lease and before the Provider provides any rental assistance or services specific to the unit.
In addition, Providers must inspect all units at least annually to ensure that the units continue to meet habitability standards for program participants receiving medium term rental assistance.
The following information is authorized under Section 8 of the U.S. Housing Act of l937 (42 U.S.C. 1437f). The information is used to determine if a unit meets the housing quality standards of the section 8 rental assistance program.
U.S. Department of Housing and Urban Development Inspection Form. U.S. Department of Housing and Urban Development Inspection Checklist Lead-Based Paint Screening
A Lead-based Paint Screening is completed for all shelters or units receiving BHBH funding.
The shelter or unit must pass the lead screening before any expenses including rent are paid. A lead screening less than twelve (12) months old performed by a qualified inspector can be used. Program staff should complete the Lead-based Paint Screening Worksheet (or comparable form) for the case file or shelter file and document any exemptions. If any exemptions are met, then lead‐based paint requirements are not triggered and no further action is needed. Complete records of inspections and follow-up actions must be maintained in the shelter or household file.
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12 The Lead-based Paint Screening will determine if the shelter or unit is subject to a Visual Assessment discussed in the following section.
Lead-Based Paint Visual Assessments
A lead‐based paint visual assessment must be completed for all units and shelters that meet the three (3) following conditions:
1. The household moving into or remaining in their current unit is receiving BHBH financial assistance AND
2. The unit was constructed prior to 1978 AND
3. A child under the age of six (6) or a pregnant woman is, or will be, living in the unit.
A visual assessment must be conducted prior to providing BHBH financial assistance to the unit and on an annual basis thereafter (as long as assistance is provided). Visual assessments must be conducted by a HUD‐Certified Visual Assessor and must be documented on the Housing Quality Standards or Housing Safety Standards and maintained in the participant file.
The lead‐based paint visual assessment requirement exists to protect vulnerable families from potential health hazards. To prevent lead poisoning in young children, grantees must comply with the Lead‐based Paint Poisoning Prevention Act of 1978 and its applicable regulations found at 24 CFR 35, Parts A, B, H, J, K, M, and R.
Exceptions to the Lead-Based Paint Visual Assessment Requirement Visual assessments are not required under the following circumstances:
Zero-bedroom or SRO-sized unit
X‐ray or laboratory testing of all painted surfaces by certified personnel has been conducted in accordance with HUD regulations and the unit is officially certified to not contain lead‐based paint
The property has had all lead‐based paint identified and removed in accordance with HUD regulations
The unit has already undergone a visual assessment within the past twelve (12) months – obtained documentation that a visual assessment has been conducted It meets any of the other exemptions described in 24 CFR Part 35.115(a).
If any of the conditions outlined above are met, grantees must include the information in the participant’s file
Shelter & Interim Housing Requirement
Assistance Duration:
Assistance may include any combination of short-term Shelter & Interim assistance (up to ninety (90) Days), medium-term Shelter & Interim assistance (Ninety (90) Days to Two (2) Years, with the possibility of a one (1)year extension assistance).
Programs may not provide prospective assistance to a program participant who is already receiving Shelter & Interim assistance or living in a housing unit receiving Shelter & Interim 168
13 assistance or operating assistance through other Federal, State, or local sources for those same months.
Short-Term: Less than ninety (90) Days
Mid-Term: Ninety (90) Days to Two (2) Years, with possibility of a one (1)year extension
Amount of Assistance
It is expected that the level of assistance will be based on the goal of providing only what is necessary for each household to achieve housing stability in the long-term.
Income
Income requirements do not apply to program participants who are being services under Shelter & Interim of BHBH Program.
Rental Assistance Requirement
Rental Assistance Duration:
Assistance may include any combination of short-term rental assistance (up to ninety (90) Days), medium-term rental assistance (Ninety (90) Days to Two (2) Years, with the possibility of a one (1)year extension rental assistance).
Programs may not provide prospective rental assistance to a program participant who is already receiving rental assistance or living in a housing unit receiving rental assistance or operating assistance through other Federal, State, or local sources for those same months. Short-Term: Less than ninety (90) Days Rental Assistance Mid-Term: Ninety (90) Days to Two (2) Years, with possibility of a one (1)year extension for Rental Assistance
Amount of Rental Assistance
It is expected that the level of assistance will be based on the goal of providing only what is necessary for each household to achieve housing stability in the long-term.
Payment Documentation
The Yolo County BHBH Program will document each rental assistance subsidy agreement and subsequent payment. Documentation will include the address of the specific unit, the name of the eligible household member, the total amount of rental assistance, the period covered, dates payments were disbursed, transaction/check number and payment address.
The Yolo County BHBH Program will issue rental assistance checks only to the property owner, property management company, or other party responsible for issuing a lease or otherwise letting a unit. Yolo BHA will issue and mail checks or perform electronic transfer payments directly to the lessor.
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14 The Yolo BHA BHBH Program will clearly document all rental assistance. Participant records will include:
A copy of the lease and/or rental agreement.
Documentation of all payments made for the provision of rental assistance. Supporting documentation for rental assistance payments will be maintained in client files and in the BHA’s general ledger; and
A release of information signed by the BHBH participant for use with the lessor and – as appropriate –companies.
Rent Reasonableness
For participants receiving rental assistance, household rent must comply with HUD’s standard of rent reasonableness meaning that the rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units.
These rent restrictions are intended to help ensure that program participants can remain in their housing after their assistance ends. As with FMR, rent reasonableness requirements do not apply when a program participant receives only financial assistance or services under HUD’s ESG Housing Stabilization and Relocation Services. Complete the Rent Reasonableness Checklist and Certification to provide in-file record keeping of rent reasonableness.
Rental Assistance Agreement
The provider required to make the rental assistance payments only to an owner with whom the Provider has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided, including the requirements of BHBH assistance. In addition, the rental assistance agreement must provide that, during the term of the agreement, the owner must give the Provider a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction against the program participant. Finally, the rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant’s lease. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if:
• The program participant moves out of the housing unit for which the program participant has a lease; or
• The lease terminates and is not renewed; or
• The program participant becomes ineligible to receive BHBH rental assistance.
Housing Relocation and Stabilization Services
Case managers will assist each program participant, as needed, to obtain appropriate supportive services, including assistance in obtaining permanent housing, medical and mental health treatment, counseling, and other services essential for achieving independent living. 170
15 Conflicts of Interest
Grantees must avoid any conflict of interest in carrying out activities funded by the BHBH program and must maintain written standards of conduct covering organizational conflicts of interest required under 2 CFR 200.318.
Organizational Conflicts of Interest
The provision of any type or amount of BHBH assistance may not be conditioned on an individual’s or family’s acceptance or occupancy of Emergency Shelter or housing owned by the grantee or a parent or subsidiary of the grantee.
Individual Conflicts of Interest
For procurement of goods and services, grantees must comply with 2 CFR 200.318.
For all other transactions and activities (including all grantee contractors):
Conflict-of-interest provisions of this policy apply to any person who is an employee, agent, consultant, officer, or elected or appointed officials of the grantee.
No person (as described above) who exercises or has exercised any functions or responsibilities with respect to activities assisted under the BHBH program, or who is in a position to participate in a decision-making process or gain inside information with regard to activities assisted under the program, may obtain a financial interest or benefit from an assisted activity have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity; or have a financial interest in the proceeds derived from an assisted activity, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure or during the one (1)year period following his or her tenure.
Compliance with HUD Data Standards
All grantees shall collect data on participants receiving BHBH assistance and enter it into the HMIS run by the CoC. Data collection must in accordance with the most current HUD HMIS Data Standards and the ESG Program HMIS Manual. All grantees will adhere to any additional guidance provided by BHBH program.
Data Collection in the HMIS
Projects are required to provide quality data to the best of their ability. Maintaining good data quality is important for effective program evaluation. Data quality has four (4) elements:
completeness, timeliness, accuracy, and consistency.
Data Completeness
Completeness of data is measured by the percentage of incomplete fields in required data elements. Agencies are expected to collect first name, last name, date of birth, race, and ethnicity from participants that give consent on the HMIS consent form. Agencies will never require a 171
16 participant to provide this information even if they have consented but should gather it to the best of their ability. All participant, consenting and non-consenting, must have complete prior living situation and exit destination data.
Data Timeliness
Participant data should be entered into HMIS as close to the date of collection as possible.
Entering data as soon as possible supports data quality by avoiding backlogs of pending data and allowing near real time analysis and reporting. Projects must enter/update project participant /household data in HMIS within five (5) business days following the date of project enrollment/exit.
Data Accuracy
Data entered into HMIS must reflect the real situation of the participant/household as closely as possible. Accurate data is necessary to ensure any project reporting fairly represents the work of the project and each participant’s story.
Data Consistency
Consistent data helps ensure that any reporting generated by a project is understood. Data consistency is important for effectively communicating the processes and outcomes of a project. All data will be collected, entered, and stored in accordance with the Agency Partner Agreement. All data elements and responses will be entered per the HUD HMIS Data Standards Manual.
To avoid inconsistency, agencies should use language on intake forms that closely matches the elements and responses in HMIS. Participants who refuse consent must be made anonymous per Yolo County and Department of Commerce Guidance.
Consent for Entry of Personally Identifying
Information
Identified Records
Personally Identifying Information (PII) must not be entered into HMIS unless all adult household members have provided informed consent. Informed consent must be documented with a signed copy of the Client Release of Information and Informed Consent form in the participant file. If electronic consent has been received, a copy does not need to be printed for the participant file but must be available in HMIS. If telephonic consent has been received, complete the consent form the first time the household is seen in person.
Anonymous Records
The following types of records must be entered anonymously:
• Households in which one (1) adult member does not provide informed consent for themselves or their dependents
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17 • Households entering a domestic violence program or currently fleeing or in danger from a domestic violence, dating violence, sexual assault, human trafficking or a stalking situation
• Minors under the age of thirteen (13) with no parent or guardian available to consent to the minor’s information in HMIS
• Households in programs which are required by funders to report HIV/AIDS status If the reporting of the HIV/AIDS status of participants is not specifically required, the HIV/AIDS status must not be entered in HMIS. If a combination of race, ethnicity, gender, or other demographic data could be identifying in the community, those data should not be entered for anonymous records.
Termination of Participation, Denial and Appeals
Grantees must have written termination, denial, and appeal policies and/or procedures. The policies and/or procedures should be readily available to participants upon entry into the program.
It is important to effectively communicate these policies and/or procedures to households and ensure that they are fully understood.
Additionally, the core statutory protections of the Violence Against Women Act (VAWA) that prohibit denial or termination of assistance or eviction solely because an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking apply.
Fraud, Waste, and Abuse Prevention
The Yolo County Behavioral Health agency (BHBH) Program is committed to prevention fraud, waste, and abuse from occurring and to developing an anti-fraud culture. To achieve this, the BHA and the Program will comply with requirement of Government Accounting to develop and maintain effective controls to prevent fraud, waste, and abuse.
The BHA and the Program will ensure that if fraud occurs, a vigorous, prompt investigation will take place. The BHA and the Program will take appropriate disciplinary and legal action in response to fraud, including the possibility of termination, restitution, and forwarding information to authorities for potential prosecution.
The Yolo County Behavioral health agency (BHA) Behavioral Health Bridge Housing (BHBH) Program has established a Monitoring and Compliance Process that ensures compliance with BHBH Program rules and requirements. Monitoring will occur for BHBH Program and any subrecipients. Monitoring will include the following elements:
Risk Assessment: This process provides the basis for developing a monitoring strategy. This includes identifying how each grantee will be monitored, establishing a schedule that reflects recipient needs, indicating a method of monitoring (desk audit or on-site program monitoring), describing the monitoring scope (Program, finance, both) and projected time for completion. 173
18 Desk Audit: Desk audits are focused on examinations of documentation and financial of documentation and fin system surrounding the BHBH program. They are usually conducted virtually. Desk audits facilitate and produces an evaluation of the recipient’s capacity to manage the award. Desk review can also serve as a preliminary step before an on-site visit takes place.
On-Site Program Monitoring: Site visits typically occur at the recipient’s office or program location, although they can be done virtually if there are scheduling or training issues. Site visits are used to review recipient capacity, performance, and compliance. They provide the monitoring agency with access to offices and facilities, documentation, financial records, physical assets, written policies and producers, audit compliance records, and internal control.
Corrective Action: In cases where areas of concerns are identified, the monitoring entity will develop and enforce a correction action plan with agencies. Corrective action plans clearly will outline the concern or finding, site the regulation, and define action steps needed to correct identified issues.
Accounting Records and retention
Requirements
Accounting Record
To curb and prevent waste and abuse, the BHBH Program has established an accounting system that includes the following accounting record elements:
Chart of accounts: A list of account names and the numbers assisted to each.
Cash Receipts journal: A chronological listing of when funds were received, in what amounts, and from what sources.
Cash disbursements journal: A chronological listing of how much was paid, when, and to whom.
Payroll journal: A chronological listing of payroll amounts, benefits, and payroll taxes.
General journal: A record of all non-cash transactions.
General ledger: A comprehensive depiction, with details by account, of the activities recorded in each account of an organization. Entries transferred to the general ledger are cross-referenced to the applicable subsidiary journal or supportive documentation to permit tracing of any financial transaction, thereby creating what is called an audit trail.
Period of Record Retention
All records pertaining to each fiscal year of BHBH funds must be retained for the greater of five (5) years or the period specified below. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records.
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19 Documentation of each participant's qualification as a homeless family or individual and other participant records must be retained for five (5) years after the expenditure of all funds from the grant under which the participant was served
Not withstanding the confidentiality procedures established in Section 6.3.1, the grantee must comply with the requirements for access to records in 2 CFR 200.336. 175
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 15, 2024 ITEM # 10
SUBJECT:
CONSIDERATION OF CONTRACT FOR SERVICES WITH THE MERCY COALITION FOR SUPPORTIVE SERVICES AT THE CITY’S HOMEKEY PROGRAM
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Tanya Flores, Assistant Community Investment Planner
Economic Development & Housing Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide sufficient information for Council to consider approving a contract for services with the Mercy Coalition to provide supportive services at the City’s Homekey Program, located at 817 West Capitol Avenue.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve a 12-month contract (Attachment 1) for supportive services with the Mercy Coalition for an amount not to exceed $141,488 for the City’s Homekey Program and authorize the City Manager, or his designee, to execute the contract for services;
2) Delegate authority to the City Manager, or his designee, to exercise the two additional 12-month term options provided in the contract for services at an amount not to exceed $146,779 and $150,975 for years two and three, respectively ; and
3) Authorize the City Manager, or his designee, to make non-substantive changes or modifications to the contract with approval from the City Attorney.
BACKGROUND
The City Council's decision on November 18, 2020, to acquire the Rodeway Inn motel marked a pivotal step in addressing homelessness during the COVID-19 pandemic, utilizing funding from the State Homekey Program.
This initiative, following the framework of Project Roomkey, aimed to provide housing and support to individuals in need. Collaborating closely with the Yolo County Health and Human Services Agency (HSSA), the City facilitated referrals and placements, covering room rentals and social services.
To finance the acquisition and rehabilitation of the Rodeway Inn property, the City combined funding from various sources, including the Homekey Program, Yolo County CARES-fund subaward, City Community Development Block Grant Program, and Measure E funds.
Contracts were established on January 20, 2021, with the Yolo County Children’s Alliance (YCCA) and the Mercy Coalition of West Sacramento to provide essential services such as case management and food distribution/laundry. Since the start of the Homekey Program on December 9, 2020, through December 31, 2023, the program has successfully housed 314 clients, with 59 of those individuals being placed into permanent housing, thus marking a significant impact in addressing homelessness and providing sustainable housing solutions.
Case management and other supportive services are an integral part of the Homekey Program. These services have been provided by the Yolo County Children’s Alliance and the Mercy Coalition since the program’s inception. The existing contract for services expires on June 30, 2024. As such, staff began a new solicitation process earlier this year to ensure continuity of these important services.
ANALYSIS
On February 9, 2024, staff released a Request for Proposal (RFP) for Supportive Services for the Homekey Program. While supportive services and case management were previously provided by the same consultant in the prior contract, after discussions with the service providers and Community Outreach and Support Division staff, it was decided to separate these services into two RFPs in order to better manage the different responsibilities.
The RFP for Supportive Services outlined a comprehensive list of services, including food distribution, emergency food bag preparation, clothing and hygiene kit distribution, management of walk-in hours, and data 176 Contract for Supportive Services with Mercy Coalition
May 15, 2024