HomeMy WebLinkAboutAgenda Report - August 3, 2022 C-12f. CITY OF
CALIFORNIA
COUNCIL COMMUNICATION
AGENDA ITEM �m
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AGENDA TITLE: Adopt a Resolution Accepting and Appropriating the Homeless Housing,
Assistance, and Prevention (HHAP) Round 2 Grant, in the Amount of
$414,042 and Authorizing the City Manager to Execute the 2021 HHAP
Program - Round 2 Subrecipient Agreement
MEETING DATE: August 3, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution accepting and appropriating the Homeless
Housing, Assistance, and Prevention (HHAP) Round 2 grant,
in the amount of $414,042 and authorizing the City Manager to
execute the 2021 HHAP Program - Round 2 subrecipient
agreement
BACKGROUND INFORMATION: The State of California Homeless Coordinating and Financing
Council (HCFC), and the Business, Consumer Services and
Housing Agency (BCSH) has made available approximately
$650 million in HHAP funding. The HHAP program was established under Assembly Bill 101
(Chapter 159, Statutes of 2019) and, signed into law by Governor Gavin Newsom on July 31, 2019.
HHAP is a grant program designed to support the regional coordination and expansion of
development to increase local jurisdictions' capacity to address immediate homeless challenges
throughout the State. Spending must be informed by a best practices' framework focused on moving
homeless individuals and families into permanent housing and ensuring those individuals and
families maintain their permanent housing. A key requirement of the HHAP program includes
coordination between funded jurisdictions to identify their share of the regional need to address
homelessness, and how the requested funds will help meet the jurisdiction's share of that need. The
intent of the HHAP program funds is solely to expand or increase services and housing capacity for
homeless individuals.
The Multi -Jurisdictional Agencies (SJCOC, City of Stockton, and San Joaquin County) have received
an HHAP round one and round two allocations. HHAP round one had a combined allocation of funds
of $12,430,905, HHAP round two was $5,833,034. These entities collaboratively made those funds
available to community organizations and jurisdictions, such as the City of Lodi, through a joint local
Notice of Funding Availability (NOFA) process to allocate funds to programs and projects that reduce
homelessness and increase permanent housing opportunities for homeless households and those
at risk of homelessness across San Joaquin County. The Multi -Jurisdiction Agencies released the
NOFA for HHAP round one on August 3 with an application deadline of September 10, 2020.
City staff applied for two (2) separate applications (1) One project focused on the construction and
operations of the for Harmony Homes Project and the second (2) grant focused on the construction
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
HHAP Round 2
July 20, 2022
Page 2 of 2
and operational costs of a new Navigation/Access Center. Both applications supported HHAP goals
of expanding services and housing for homeless individuals or those at risk, within San Joaquin
County, which includes the City of Lodi.
The number of applications and funding requested for the HHAP round one exceeded SJCoC
available HHAP grant funds. Once HHAP round two funding was issued by the State to SJCoC,
SJCoC worked to fund some of the remaining applications. The City of Lodi was awarded $400,000
via the HHAP round two allocation for the Harmony Homes project in 2021 and subsequently an
additional $414,042 towards the Access Center Project in 2022.
Staff is requesting that City Council adopt a resolution accepting and appropriating the HHAP Round
grant funds in the amount of $414,042 and authorizing the City Manager to execute the 2021 HHAP
Program - Round 2 subrecipient agreement.
FISCAL IMPACT: The HHAP grant will provide $414,042 in funds to support the Access
Center Project. It is a State Grant awarded through the County SJCoC.
FUNDING AVAILABLE: HHAP Round 2 Project String: ARPA-22001. Contracts.HHAP2
Revenue: 35500000.56005 $414,042
Expenditures: 35599000.77020 $414,042
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
John R. Delfa Monica, Jr.
Community Development Director
Attachments:
1. HHAP Subrecipient Agreement
2. Capital Improvement Plan — Access Center
Signature: 00�Au xiftp' Signature:
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Email: akeys@lodi.gov Email: sschwabauer@lodi.gov
SAN JOAQUIN CONTINUUM OF CARE CA -511
2021 HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP) PROGRAM - ROUND 2
SUBRECIPIENT AGREEMENT
This SUBRECIPIENT AGREEMENT entered into, by and between San Joaquin County, A political
subdivision of the State of California, hereinafter referred to as "COUNTY" and "City of Lodi", herein
after referred to as "SUBRECIPIENT". Collectively "COUNTY" and "SUBRECIPIENT" are the
"Parties".
The term of this SUBRECIPIENT AGREEMENT is the date of the Effective Date ( )
through the Expiration Date, June 30, 2026.
The COUNTY is hereby awarding the SUBRECIPIENT an amount not to exceed: $414,042.00 (the
FUNDS) as applied for by the SUBRECIPIENT in its San Joaquin Continuum of Care HHAP Program
Application (SUBRECIPIENT'S APPLICATION) submitted to the COUNTY, which is hereby made
part of this SUBRECIPIENT Agreement.
The Parties agree to comply with the terms and conditions of the following Exhibits, which are hereby
made part of this SUBRECIPIENT Agreement:
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C Terms and Conditions
Exhibit D Special Terms and Conditions
Exhibit E Final Budget
TOTAL NUMBER OF PAGES ATTACHED: 18 Pages
The effective date of this SUBRECIPIENT AGREEMENT shall be the date the last of the Parties signs
this Agreement (the EFFECTIVE DATE).
IN WITNESS WHEREOF, THIS SUBRECIPIENT AGREEMENT HAS BEEN EXECUTED BY
THE PARTIES HERETO.
SUBRECIPIENT's NAME: City of Lodi
SUBRECIPIENT AUTHORIZED SIGNATURE
TITLE
City Manager
PRINTED NAME OF PERSON SIGNING
DATE SIGNED
Stephen Schwabauer
COUNTY AGENCY SIGNATURE
TITLE
Assistant Director
PRINTED NAME OF PERSON SIGNING
DATE SIGNED
Matt Garber
Approved as to Font:
JANICE D. MAGDICH
City Attorney
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
1. Authority
City of Lodi
Page 1 of 15
The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP"
or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of
the Health and Safety Code. (Added by Stats.2019, c. 159 (AB. 101), S 10, eff. July 31, 2019.)
The Program is administered by the California Homeless Coordinating and Financing Council ("Council") in
the Business, Consumer Services and Housing Agency ("Agency"). This second round of HHAP funding was
authorized by AB 83 (Committee on Budget, Chapter 15, Statutes of 2020) and was signed into law by
Governor Gavin Newsom on June 29, 2020. Building on the regional coordination created through previous
HCFC grant funding, this funding is intended to support local jurisdictions in their unified regional response
to reduce and end homelessness.
This SUBRECIPIENT AGREEMENT along with all its exhibits ("AGREEMENT") is entered into by the
COUNTY and the SUBRECIPIENT under the authority of, and in furtherance of the purpose of, the Program.
In signing this AGREEMENT and thereby accepting this award of funds, the SUBRECIPIENT agrees to
comply with the terms and conditions of the AGREEMENT, the NOFA under which the SUBRECIPIENT
applied, the representations contained in the SUBRECIPIENT'S APPLICATION, and the requirements of
the authority cited above.
2. Purpose
The general purpose of the Program is to provide one-time block grant funding to support regional
coordination, and to expand or develop local capacity to address immediate homelessness challenges.
Activities will be informed by a best -practices framework focused on moving homeless individuals and
families into permanent housing and supporting the efforts of those individuals and families to maintain their
permanent housing. In accordance with the authority cited above, an application was created and submitted
by the SUBRECIPIENT for The FUNDS to be allocated for eligible uses as stated in Health and Safety Code
section 50219, subdivision (c) (1) — (8).
3. Definitions
The following HHAP program terms are defined in accordance with Health and Safety Code section 50216,
subdivisions (a) — (q):
A. "COUNTY" means San Joaquin County.
B. "SUBRECIPIENT" means a nonprofit, public agency or a for-profit entity.
C. "Continuum of care" means the same as defined by the United States Department of Housing and
Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
Subrecipient Initials
City of Lodi
Page 2 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
D. "Coordinated Entry System" means a centralized or coordinated process developed pursuant to
Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10,
2019, designed to coordinate homelessness program participant intake, assessment, and provision
of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system
shall cover the geographic area, be easily accessed by individuals and families seeking housing or
services, be well advertised, and include a comprehensive and standardized assessment tool.
E. "Council" means the Homeless Coordinating and Financing Council created pursuant to Section
8257 of the Welfare and Institutions Code.
F. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.
G. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal
Regulations, as that section read on January 10, 2019.
H. "Homeless Management Information System"(HMIS) means the information system designated
by a continuum of care to comply with federal reporting requirements as defined in Section 578.3
of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information
System" also includes the use of a comparable database by a victim services provider or legal
services provider that is permitted by the federal government under Part 576 of Title 24 of the
Code of Federal Regulations.
I. "Homeless point -in -time count" means the 2019 homeless point -in -time count pursuant to Section
578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their
2017 point -in -time count if they can demonstrate that a significant methodology change occurred
between the 2017 and 2019 point -in -time counts that was based on an attempt to more closely
align the count with HUD best practices and undertaken in consultation with HUD representatives.
A jurisdiction shall submit documentation of this to the agency by the date by which HUD's
certification of the 2019 homeless point -in -time count is finalized. The agency shall review and
approve or deny a request described in the previous sentence along with a jurisdiction's application
for homeless funding.
J. "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who
is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth"
includes unaccompanied youth who are pregnant or parenting.
K. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code,
including all of the core components listed therein.
L. "Navigation center" means a Housing First, low -barrier, service -enriched shelter focused on
moving homeless individuals and families into permanent housing that provides temporary living
facilities while case managers connect individuals experiencing homelessness to income, public
benefits, health services, shelter, and housing.
Subrecipient Initials
City of Lodi
Page 3 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
M. "Program" means the Homeless Housing, Assistance, and Prevention program established
pursuant to this chapter.
4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety
Code section 50219, subdivision (c) (1) (8), and any other applicable laws. Eligible uses include the
following:
A. Rental assistance and rapid rehousing.
B. Operating subsidies in new and existing affordable or supportive housing units, emergency
shelters, and navigation centers. Operating subsidies may include operating reserves.
C. Incentives to landlords, including, but not limited to, security deposits and holding fees.
D. Outreach and coordination, which may include access to job programs, to assist vulnerable
populations in accessing permanent housing and to promote housing stability in supportive
housing.
E. Systems support for activities necessary to create regional partnerships and maintain a homeless
services and housing delivery system, particularly for vulnerable populations including families
and homeless youth.
F. Delivery of permanent housing and innovative housing solutions such as hotel and motel
conversions.
G. Prevention and shelter diversion to permanent housing.
H. New navigation centers and emergency shelters based on demonstrated need. Demonstrated need
for purposes of this paragraph shall be based on the following:
i. The number of available shelter beds in the city, county, or region served by a continuum
of care.
ii. Shelter vacancy rate in the summer and winter months.
iii. Percentage of exits from emergency shelters to permanent housing solutions.
iv. A plan to connect residents to permanent housing.
Subrecipient Initials
City of Lodi
Page 4 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
5. COUNTY Contract Coordinator
The COUNTY'S Contract Coordinator for this AGREEMENT is the COUNTY'S Health Care Services
Agency, Neighborhood Preservation Division. Unless otherwise instructed, any notice, report, or other
communication requiring an original SUBRECIPIENT signature for this AGREEMENT shall be mailed to
the COUNTY Contract Coordinator.
The Representatives during the term of this Agreement will be:
All requests to update the SUBRECIPIENT information listed within this AGREEMENT shall be emailed to
the COUNTY Health Care Services Agency - Neighborhood Preservation Division general email box at
nei hborhood(&,sigov.org. The SUBRECIPIENT reserves the right to change their representative and/or
contact information at any time with notice to the COUNTY.
6. Effective Date, Term of Agreement, and Deadlines
A. This AGREEMENT is effective upon approval by the COUNTY (indicated by the signature
provided by the COUNTY in the lower left section of page one, when signed by all parties.
B. Full Expenditure of the FUNDS
i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended
by that date shall revert to the State General Fund.
Subrecipient Initials
GRANTEE
SUBRECIPIENT
ENTITY:
San Joaquin County
City of Lodi
SECTION/UNIT:
Neighborhood Preservation
Address:
1810 E. Hazelton Avenue
Stockton, California 95205
221 West Pine Street
Lodi, CA 95240
CONTRACT
COORDINATOR:
Chris Becerra
Stephen Schwabauer
PHONE NUMBER:
209-468-3157
209-269-4511
EMAIL ADDRESS:
cbecerra@sjgov.org
sschwabauer@lodi.gov
All requests to update the SUBRECIPIENT information listed within this AGREEMENT shall be emailed to
the COUNTY Health Care Services Agency - Neighborhood Preservation Division general email box at
nei hborhood(&,sigov.org. The SUBRECIPIENT reserves the right to change their representative and/or
contact information at any time with notice to the COUNTY.
6. Effective Date, Term of Agreement, and Deadlines
A. This AGREEMENT is effective upon approval by the COUNTY (indicated by the signature
provided by the COUNTY in the lower left section of page one, when signed by all parties.
B. Full Expenditure of the FUNDS
i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended
by that date shall revert to the State General Fund.
Subrecipient Initials
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT A
Authority, Purpose and Scope of Work
7. Special Conditions
City of Lodi
Page 5 of 15
The COUNTY reserves the right to add any special conditions to this AGREEMENT it deems necessary to
ensure that the goals of the Program are achieved.
Subrecipient Initials
City of Lodi
Page 6of15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT B
Budget Detail and Payment Provisions
1. Budget Detail & Changes
The SUBRECIPIENT agrees that the FUNDS shall be expended on uses that support regional coordination
and expand or develop local capacity to address immediate homelessness challenges. Such activities must be
informed by a best -practices framework focused on moving homeless individuals and families into permanent
housing and supporting the efforts of those individuals and families to maintain their permanent housing.
The SUBRECIPIENT shall expend the FUNDS on eligible activities as detailed in the final budget as
referenced in Exhibit F. The SUBRECIPIENT shall submit an updated budget with the annual report that
revises and reports all actual and projected expenditures of the FUNDS.
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by
the County so long as the total expenditures (actual and projected) for each eligible use category remain the
same as described in the final budget. Any decrease or increase to the total expenditures for any eligible use
category must otherwise be approved by the COUNTY'S Contract Coordinator and his/her designee, in
writing, before the SUBRECIPIENT may expend the FUNDS according to an alternative budget. The
COUNTY'S Contract Coordinator will respond to SUBRECIPIENT with approval or denial of request.
Failure to obtain written approval from the COUNTY'S Contract Coordinator or his/her designee as required
by this section may be considered a breach of this AGREEMENT.
2. General Conditions Prior to Disbursement
The SUBRECIPIENT must submit the signed AGREEMENT, and initialed Exhibits A through D.
3. Disbursement of Funds
The FUNDS will be disbursed to the SUBRECIPIENT upon receipt, review and approval of the completed
AGREEMENT.
The COUNTY agrees to distribute to the SUBRECIPIENT the total sum of the FUNDS over the term
of this agreement on a reimbursement basis.
The SUBRECIPIENT shall submit invoices, receipts, or other sufficient proof of the
SUBRECIPIENT's billing for the grant activity(ies) to the COUNTY and the COUNTY will distribute
the FUNDS to the SUBRECIPIENT in the amount of those receipts or other sufficient proof.
4. Reimbursement
The FUNDS should not generally be obligated or expended prior to the effective date of this Agreement.
However, the COUNTY acknowledges that there may be circumstances that would require reimbursement in
order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the
following requirements are applicable:
A. Reimbursement is not permitted for activities occurring prior to September 7, 2021.
Subrecipient Initials
City of Lodi
Page 7of15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT B
Budget Detail and Payment Provisions
B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or
prevention.
C. Approval from the COUNTY must be obtained prior to obtaining reimbursement.
5. Ineligible Costs
The FUNDS shall not be used for costs associated with activities in violation of any law or for any activities
not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code
sections 50218 and 50219.
The COUNTY reserves the right to request additional clarifying information to determine the reasonableness
and eligibility of all uses of the funds made available by this, AGREEMENT. If the SUBRECIPIENT or its
funded sub-subrecipients use the FUNDS to pay for ineligible activities, the SUBRECIPIENT shall be
required to reimburse these FUNDS to the COUNTY.
An expenditure which is not authorized by this AGREEMENT, or by written approval of the COUNTY
Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed
and must be reimbursed to the COUNTY by the SUBRECIPIENT.
The COUNTY, at its sole and absolute discretion, shall make the final determination regarding the
allowability of the FUNDS expenditures.
The FUNDS shall not be used to supplant existing local funds for homeless housing, assistance, or prevention.
Subrecipient Initials
City of Lodi
Page 8 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
1. Termination and Sufficiency of Funds
A. Termination of AGREEMENT
The COUNTY may terminate this AGREEMENT at any time for cause by giving a minimum of
14 days notice of termination, in writing, to the SUBRECIPIENT. Cause shall consist of violations
of any conditions of this AGREEMENT, any breach of contract as described in paragraph 6 of
this Exhibit C; violation of any federal or state laws; or withdrawal of COUNTY'S expenditure
authority.
2. Transfers
The SUBRECIPIENT may not transfer or assign by subcontract or novation, or by any other means, the rights,
duties, or performance of this AGREEMENT or any part thereof, except with the prior written approval of
the COUNTY and a formal amendment to this AGREEMENT to affect such subcontract or novation.
3. Reporting/Audits
A. Annual Report Deadlines
By December 13, 2022, and annually on that date thereafter until all funds have been expended,
the SUBRECIPIENT shall submit an annual report to the COUNTY in a format provided by the
COUNTY. If the SUBRECIPIENT fails to provide such documentation, the COUNTY may
recapture any portion of the amount authorized by this Agreement with a 14 -day written
notification.
B. Reporting Requirements
The annual report shall contain detailed information in accordance with Health and Safety Code
section 5 022 1, subdivision (a). This information includes the following, as well as any additional
information deemed appropriate or necessary by the County:
i. An ongoing tracking of the specific uses and expenditures of any FUNDS broken out by
eligible uses listed, including the current status of those FUNDS.
ii. The number of homeless individuals served by the FUNDS in that year, and a total number
served in all years of the Program, as well as the homeless populations served.
iii. The types of housing assistance provided, broken out by the number of individuals.
iv. Outcome data for an individual served through the FUNDS, including the type of housing
that an individual exited to, the percent of successful housing exits, and exit types for
unsuccessful housing exits.
In addition to the annual reports, the COUNTY requires the SUBRECIPIENT to submit quarterly expenditure
reports due no later than 14 days following the end of each fiscal quarter. The SUBRECIPIENT shall submit
a report to the COUNTY on a form and method provided by the COUNTY that includes the ongoing tracking
of the specific uses and expenditures of any of the FUNDS broken out by eligible uses listed, including the
current status of those FUNDS, as well as any additional information the agency deems appropriate or
necessary.
Subrecipient Initials
City of Lodi
Page 9of15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
The COUNTY may require additional supplemental reporting with written notice to the SUBRECIPIENT.
4. Auditing
The COUNTY reserves the right to perform or cause to be performed a financial audit. At the COUNTY'S
request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a certified public
accountant.
A. If a financial audit is required by the COUNTY, the audit shall be performed by an independent
certified public accountant.
B. The SUBRECIPIENT shall notify the COUNTY of the auditor's name and address immediately
after the selection has been made. The contract for the audit shall allow access by the COUNTY
to the independent auditor's working papers.
C. The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.
D. If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to the
COUNTY for each audit finding within 90 days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
The SUBRECIPIENT agrees that COUNTY or its designee shall have the right to review, obtain, and copy
all records and supporting documentation pertaining to performance under this AGREEMENT. The
SUBRECIPIENT agrees to provide the COUNTY, or its designee, with any relevant information requested.
The SUBRECIPIENT agrees to give the COUNTY or its designee access to its premises, upon reasonable
notice and during normal business hours, for the purpose of interviewing employees who might reasonably
have information related to such records, and of inspecting and copying such books, records, accounts, and
other materials that may be relevant to an investigation of compliance with the HHAP program laws, the
HHAP program guidance document published on the website, and this AGREEMENT.
B. Record Retention
The SUBRECIPIENT further agrees to retain all records described in subparagraph A for a minimum period
of five (5) years after the termination of this AGREEMENT.
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before
the expiration of the required record retention period, all records must be retained until completion of the
action and resolution of all issues which arise from it.
Subrecipient Initials
City of Lodi
Page 10 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
6. Breach and Remedies
A. Breach of AGREEMENT
Breach of this AGREEMENT includes, but is not limited to, the following events:
i. SUBRECIPIENT's failure to comply with the terms or conditions of this AGREEMENT.
ii. Use of, or permitting the use of, FUNDS provided under this AGREEMENT for any
ineligible activities.
iii. Any failure to comply with the deadlines set forth in this AGREEMENT.
B. Remedies for Breach of AGREEMENT
In addition to any other remedies that may be available to the COUNTY in law or equity for breach
of this AGREEMENT, the COUNTY may:
i. Bar the SUBRECIPIENT from applying for future funds;
ii. Revoke any other existing HHAP award(s) to the SUBRECIPIENT;
iii. Require repayment of the FUNDS disbursed and expended under this AGREEMENT; and
iv. Seek, in a court of competent jurisdiction, an order for specific performance of the
defaulted obligation or the appointment of a receiver to complete the technical assistance
in accordance with HHAP requirements.
C. All remedies available to the COUNTY are cumulative and not exclusive.
D. The COUNTY may give written notice to the SUBRECIPIENT to cure the breach or violation
within a period of not less than 15 days.
7. Waivers
No waiver of any breach of this AGREEMENT shall be held to be a waiver of any prior or subsequent breach.
The failure of the COUNTY to enforce at any time the provisions of this AGREEMENT, or to require at any
time, performance by the SUBRECIPIENT of these provisions, shall in no way be construed to be a waiver
of such provisions nor to affect the validity of this AGREEMENT or the right of the COUNTY to enforce
these provisions.
Subrecipient Initials
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
8. Nondiscrimination
City of Lodi
Page 11 of 15
During the performance of this AGREEMENT, the SUBRECIPIENT and its sub-subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment
because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion,
creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic
information, marital status, military and veteran status, and denial of medical and family care leave or
pregnancy disability leave. The COUNTY and SUBRECIPIENTS shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination and
harassment. The SUBRECIPIENT and its sub-subrecipients shall comply with the provisions of California's
laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing
Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §
1 1000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, SS 1 1135 - 11 139.5).
SUBRECIPIENT and its sub-subrecipients shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other agreement.
9. Conflict of Interest
All SUBRECIPIENTs are subject to state and federal conflict of interest laws. For instance, Health and Safety
Code section 50219, subdivision (h) states, "For purposes of Section 1090 of the Government Code, a
representative of a county serving on a board, committee, or body with the primary purpose of administering
funds or making funding recommendations for applications pursuant to this chapter shall have no financial
interest in any contract, program, or project voted on by the board, committee, or body on the basis of the
receipt of compensation for holding public office or public employment as a representative of the county."
Failure to comply with these laws, including business and financial disclosure provisions, will result in the
application being rejected and any subsequent contract being declared void. Other legal action may also be
taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public
Contract Code sections 10410 and 10411.
10. Drug -Free Workplace Certification
Certification of Compliance: By signing this AGREEMENT, the SUBRECIPIENT hereby certifies, under
penalty of perjury under the laws of State of California, that it and its sub-subrecipients will comply with the
requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, S 8350 et seq.) and have or will provide
a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees and sub-subrecipients that unlawful manufacture
distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees or sub-subrecipients for violations, as required by
Government Code section 8355, subdivision (a) (1).
Subrecipient Initials
City of Lodi
Page 12 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
B. Establish a Drug -Free Awareness Program, as required by Government Code section 8355,
subdivision (a)(2) to inform employees or sub-subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. SUBRECIPIENT's policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees and
sub-subrecipients for drug abuse violations.
C. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee
and/or sub-subrecipient that works under this Agreement:
i. Will receive a copy of SUBRECIPIENT's drug-free policy statement, and
ii. Will agree to abide by terms of the COUNTY'S condition of employment or subcontract.
11. Child Support Compliance Act
For any AGREEMENT in excess of $100,000, the SUBRECIPIENT acknowledges in accordance with Public
Contract Code 7110, that:
A. The SUBRECIPIENT recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with earnings
assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division
9 of the Family Code; and
B. The SUBRECIPIENT, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to the New
Hire Registry maintained by the California Employment Development Department.
12. Special Conditions — SUBRECIPIENT/SUB-SUBRECIPIENT
The SUBRECIPIENT agrees to comply with all conditions of this SUBRECIPIENT AGREEMENT
including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of
the County prior to disbursement of funds. The SUBRECIPIENT shall ensure that all sub-subrecipients are
made aware of and agree to comply with all the conditions of this AGREEMENT and the applicable State
requirements governing the use of the FUNDS. Failure to comply with these conditions may result in
termination of this AGREEMENT.
A. The agreement between the SUBRECIPIENT and any sub-subrecipient shall require the
SUBRECIPIENT and its sub-subrecipient, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and building codes,
as applicable.
Subrecipient Initials
City of Lodi
Page 13 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
B. Maintain at least the minimum State -required worker's compensation for those employees who
will perform the work or any part of it.
C. Maintain, as required by law, unemployment insurance, disability insurance, and liability
insurance in an amount that is reasonable to compensate any person, firm or corporation who may
be injured or damaged by the SUBRECIPIENT or any sub-subrecipient in performing the work or
any part of it.
D. Agree to include all the terms of this AGREEMENT in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The SUBRECIPIENT agrees to comply with all state and federal laws, rules and regulations that pertain to
construction, health and safety, labor, fair employment practices, environmental protection, equal
opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the
SUBRECIPIENT, its sub-subrecipients, and all eligible activities.
SUBRECIPIENT shall also be responsible for obtaining any and all permits, licenses, and approvals required
for performing any activities under this AGREEMENT, including those necessary to perform design,
construction, or operation and maintenance of the activities. SUBRECIPIENT shall be responsible for
observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any
such work, specifically those including, but not limited to, environmental protection, procurement, and safety
laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies of permits and approvals to
the COUNTY upon request.
14. Inspections
A. SUBRECIPIENT shall inspect any work performed hereunder to ensure that the work is being and
has been performed in accordance with the applicable federal, state and/or local requirements, and
this AGREEMENT.
B. The COUNTY reserves the right to inspect any work performed hereunder to ensure that the work
is being and has been performed in accordance with the applicable federal, state and/or local
requirements, and this AGREEMENT.
C. SUBRECIPIENT agrees to require that all work that is determined based on such inspections not
to conform to the applicable requirements be corrected and to withhold payments to the sub-
subrecipients until it is corrected.
15. Litigation
A. If any provision of this AGREEMENT, or an underlying obligation, is held invalid by a court of
competent jurisdiction, such invalidity, at the sole discretion of the COUNTY, shall not affect any
other provisions of this Agreement and the remainder of this AGREEMENT shall remain in full
force and effect. Therefore, the provisions of this AGREEMENT are and shall be deemed
severable.
Subrecipient Initials
City of Lodi
Page 14 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT C
Terms and Conditions
B. The SUBRECIPIENT shall notify the COUNTY immediately of any claim or action undertaken
by or against it, which affects or may affect this AGREEMENT or the COUNTY, and shall take
such action with respect to the claim or action as is consistent with the terms of this AGREEMENT
and the interests of the COUNTY.
Subrecipient Initials
City of Lodi
Page 15 of 15
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT D
Special Terms and Conditions
1. Any housing -related activities funded with the FUNDS, including but not limited to emergency shelter,
rapid -rehousing, rental assistance, transitional housing and permanent supportive housing, must be in
compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and
Institutions Code section 8255, subdivision (b).
2. The SUBRECIPIENT shall regularly submit Project Service client -level data to the SJCoC's HMIS,
except for victim service providers, who are not permitted to enter data into HMIS, and legal service
providers, who may choose not to use HMIS if it is necessary to protect attorney-client privilege.
A. If SUBRECIPIENT is a victim service provider it shall establish and operate a comparable
database to HMIS that complies with HUD standards.
B. The SUBRECIPIENT shall comply with policies and procedures set forth in the SJCoC HMIS
Manual, and the COUNTY's HMIS Privacy, Security, and Data Quality Plans.
Subrecipient Initials
HHAP ROUND 2 SUBRECIPIENT AGREEMENT
EXHIBIT E
FINAL BUDGET
Access Center and Emergency Shelter Budget Estimate
Name: City of Lodi - Access Center and Emergency Shelter
Location: 710 N Sacramento Street, Lodi, CA 95240
Activity: Access Center (navigation center) and 200 +/- Shelter Beds
Anticipated
Status
$
2,000,000 Pending NOFA
TBD
Pending NOFA
Allocated Activity Cost
*Italicized means funds requested but pending award or allocation
Pending NOFA
Community Engagement
Budget
American
Rescue
Plan Act
San Joaquin
County
HHAP Round 2
City -CDD
City EU
LEAP
PLHA
CDBG-EN
(FY 2023-2024)
Community
Project Funding
Request
shmate
Expenditures
Unfunded
Mailed Flyers
$ 15,000
$
15,000
$ -
Informational and Testimonial Video
$ 20,000
$
20,000
$
Community Meeting Space Rental/Security
$ 500
$
500
$
Survey Monkey Annual Subscription - Community Survey
$ 1,500
$
1,500
$
Sample Graphics
$ 7,500
$
7,500
$
Spanish Translation of Materials
$ 4,500
$
4,500
$ -
Subtotal
$ 49,000
$
$
$
$
$
S
49,000
$
$
$
$
Pre -Development Costs
$ -
Environmental Assessments
$ 2,000
$
2,000
$
Property Acquisition
$ 2,105,000
$
105,000
$ 2,000,000
$
Property Cost
$
Transaction Fees
$
Project Graphics/Schematic Design
$ 70,000
$
70,000
$
Subtotal
$ 2,177,000
1 $
105,000 is
2,000,000 1
$
$
$
$
72,000
$
$
$
$
Project Development Costs
$ 7,000,000
$
4,308,458
$ 800,000
$ 414,042
$ 125,000
$
4,000
$ 300,000
$ 1,048,500
$ -
Design Development
$
Construction Documents
$
Fees and Permits
$
Utility Infrastructure
$
Roof (repair/replacementladdition)
$
Site -improvements
$
Landscaping
$
Sound Wall
$
Fencing
$
Metal Corrugated Roof Shade Structure
$
Foundation
$
Electrical
$
Plumbing
$
Drywall
$
Insulation
$
Exterior Fascia
$
Interior Finishing
$
Contingency (15%)
$ 1,050,000
$
347
$ 1,049,653
Subtotal
$ 8,050,000
$
4,308,805
$ 800,000
$ 414,042
1 $
$ 125,000
$
4,000
$
$ 300,000
$ 1,048,5001
$ 1,049,653
Administration/Operating
$ -
Project Coordination/Management (Staff Time)
$ 150,000
$ 150,000
$
Temp Emergency Shelter Operational Costs (Inner City Action/The
Salvation Army) (18 months)
$ 1,331,009
$ 1,331,009
$
Permanent Access Center Operational Cost (The Salvation Army) (12
Months)
$ 2,000,000
$
1,324,420
$ 675,580
$
Neighborhood Sa ety ears
$ 700,000
$ 700,000
$ -
Subtotal 1
$ 4,181,009
$
1,324,420
$
$
$ 850,000
$
$
$ 2,006,589
$
$
$
TOTAL
Available Funding
$ 14,457,009
$
$
5,738,225
5,738,225
$ 2,800,000
$ 2,800,000
$ 414,042
$ 414,042
$ 850,000
$ 850,000
$ 125,000
$ 125,000
$
$
125,000
125,000
$ 2,006,589
$ 2,006,589
$ 300,000
$ 300,000
$ 1,048,500
$ 1,048,500
$ 1,049,653
Projected Remaining Funding or (Deficit):
$0
$0
$0
$0
$0
$0
$0
$0
$0
($1,049,653)
Other Potential Funding Sources:
HHAP Round 3
HHAP Round 4
PLHA 2024-2029 (5 -year allocation)
CDBG-EN
Requesting/
Anticipated
Status
$
2,000,000 Pending NOFA
TBD
Pending NOFA
TBD
Pending NOFA
TBD
Pending Allocation
Awarded Notes
TBD
TBD
TBD
TBD
Footnotes:
1. All numbers are estimates pending completion of bid process for construction.
2. The City will have a phased build approach to ensure any unfunded portion is in a later phase and will continue to apply for grant resources as they become available.
$ 2,098,153
$ 1,049,653
13407356
1,049,653
Access Center and Emergency Shelter Community Program Funding (CPF) Budget Estimate
Name:
Location:
Activity:
City of Lodi - Access Center and Emergency Shelter
710 N Sacramento Street, Lodi, CA 95240
Access Center (navigation center) and 200 +/- Shelter Beds
HHAP Round 2 Budget
Estimate
Pre -Development
$ 414,042
Schematic Design
Construction Cost Estimating
Field Survey for Bourdary and Topography
Design Development
Construction Documents
Permits
Total $ 414,042
Footnote:
1. All numbers are estimates pending completion of bid process for construction. City will identify additional funding resources for any
amount in excess of current available funding
Capital Improvement Plan
FY 2022-2023
Project Title: Access Center
I Munis Project Code: ARPA-22001 #172
Section I: Description District Nos: Citywide Project Length Priority High
The City of Lodi Community Development Department recognizes that effectively responding to the COVID-19 Pandemic requires a combination of strategies at the local level including
housing our unsheltered population. The Navigation Center concept now renamed the Lodi Access Center would allow for the City to meet our current point in time count (139). This project
would be implemented in phases after the community engagement process was initiated.
Phase 1: Acquisition (due diligence, appraisal, environmental, etc.), Emergency Setup with commercial grade tent structures for sleeping, food distribution, and congregate areas. Mobile
hygiene facilities such as showers, restrooms, and laundry would also be provided. Tent structures would be usable for any future emergency or disaster relief needs.
Phase 2 (Interior): Complete administrative offices, interview rooms, medical/veterinary rooms, congregate sleeping area, storage, dinning facility, kitchen, showers, restrooms, and laundry.
Phase 3 (Exterior): Tiny Cabins (Non -Congregate), walkways, green space, dog run, parking lot, outdoor restroom, and outdoor charging station.
Justification/factor driving project
On April 7, 2021 Council feedback was to support $5.5 million towards the development of a Navigation Center and a resolution was adopted at the April 21, 2021 Council Meeting. On April 7,
2021 City Council accepted the award of Permanent Local Housing Allocation (PLHA) funding. On July 13, 2021 $2.8 million was approved by the County Board of Supervisors from the San
Joaquin County capital -outlay fund in support of the Access Center.
Additional Information
The American Rescue Plan Act of 2021 was signed into law on March 11, 2021. The Act provides $65.1 billion to the approximately 19,000 units of state, local and tribal governments
nationwide using a block grant formula with Lodi receiving approx. $15.7 million.
Section II: Estimated Project Costs
Expenditure Prior Years FY 21/22 FY 22123 FY 23/24 FY 24/25
Estimate Budget
Contracts $ - $ 9,238,225 $ 539,042
$ -
$ - _
Total Capital Costs $ - $ 9,238,225 $ 539,042 $ - $ -
FY 25/26 FY 26/27
Future Yrs Total
$ 9,777,267
$ - $ -
$ -
$ -
$ -
$ 9,777,267
Section III: Funding Sources/Methods of Financing
Funding Source(s) Prior Years FY 21/22 FY 22/23
Estimate Budget
104 - American Rescue Plan $ - $ 5,738,225
355 - Community Grants $ - $ 2,800,000 $ 539,042
431 - Capital Outlay/General Fund $ - $ 700,000
$ -
Total Project Financing $ - $ 9,238,225 $ 539,042
FY 23/24 FY 24/25
FY 25/26 FY 26/27 Future Yrs Total
$ 5,738,225
$ 3,339,042
$ 700,000
I $ -
$ - $ - $ - $ 9,777,267
$ -
$ -
RESOLUTION NO. 2022-196
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING AND APPROPRIATING
THE CALIFORNIA HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC),
AND THE BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY (BCSH)
HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) ROUND 2
GRANT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2021 HHAP
PROGRAM - ROUND 2 SUBRECIPIENT AGREEMENT
WHEREAS, the State of California Homeless Coordinating and Financing Council
(HCFC), and the Business, Consumer Services and Housing Agency (BCSH) has made
available approximately $650 million in Homeless, Housing Assistance and Prevention Program
(HHAP) funding. The HHAP program was established under Assembly Bill 101 (Chapter 159,
Statutes of 2019), and signed into law by Governor Gavin Newsom on July 31, 2019; and
WHEREAS, the Multi -Jurisdiction Agencies of San Joaquin Continuum of Care (SJCoC),
City of Stockton, and San Joaquin County have received a combined allocation of HHAP funds
of $12,430,905 for Round 1; and
WHEREAS, on November 13, 2020, the State released a Notice of Funding Availability
(NOFA) for Round 2 with an application deadline of November 30, 2020; and
WHEREAS, the SJCoC, City of Stockton, and San Joaquin County have received a
combined allocation of HHAP funds of $5,833,034 for Round 2; and
WHEREAS, the SJCoC issued a NOFA dated August 3, 2020, for HHAP funds; and
WHEREAS, the City of Lodi applied for two separate applications for construction,
personnel, and/or operating costs for a proposed navigation/access center and Harmony
Homes project; and
WHEREAS, SJCoC approved HHAP Round 2 funding, subject to the terms and
conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other
contracts between the Multi -Jurisdiction agency and HHAP grant recipients; and
WHEREAS, the City was awarded $414,042 of HHAP Grant funds for the Access Center
Project.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept
and appropriate the California HCFC and the BCSH HHAP Round 2 Grant, in the amount of
$414,042 to revenue account 35500000.56005 and expense account 35599000.77020 (project
string: ARPA-22001. Contracts. H HAP2); and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute the 2021 HHAP Program - Round 2 subrecipient agreement; and
BE IT FURTHER RESOLVED pursuant
Manual (Res. No. 2019-223), the City Attorney is
the above -referenced document(s) that do not
clerical corrections as necessary.
Dated: August 3, 2022
to Section 6.3q of the City Council Protocol
hereby authorized to make minor revisions to
alter the compensation or term, and to make
I hereby certify that Resolution No. 2022-196 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 3, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-196