Village of Love Foundation 1 Service Provider Agreement Version 04-22-24
SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT Agreement entered into this ____ day of _________ 2024 Effective Date , by and between the CITY OF ALAMEDA, a municipal corporation ( the City ), and THE VILLAGE OF LOVE FOUNDATION, a California non-profit corporation, whose address is 490 43 rd Street, Oakland, CA 94609 ( Provider the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services: Homeless Outrea ch Team Services for City staff issued an RFP/RFQ on April 8, 2024, and after a submittal period of seventeen (17) days, received two (2) timel y submitted proposals. Staff reviewed the proposals, interviewed qualified firms and selecte d the service provider that best
C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. Whereas, the City Council authorized the City Manager to execut e this agreement on ___________________.
E. The City and Provider desire to enter into an agreement for hom eless outreach team , upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the 1 st day of October 2024, and shall terminate on the 30th day of September 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and ex pense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
Village of Love Foundation 2 Service Provider Agreement Version 04-22-24
3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoic e for the total amount of work done the previous month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit B and inc orporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit B. b. The total compensation for this Agreement shall not exceed $270,000.
Use of contingency shall be for items of work outside the origi nal scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a s killful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider repres ents that it is skilled in the professional calling necessary to perform all services contract ed for in this Agreement. Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to a nd in furtherance this Agreement.
Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legal ly required to perform the services (including a City Business License, as needed); and that such l icenses and approvals shall be maintained throughout the term of this Agreement. As provided f or in the indemnification provisions of this Agreement, Provider shall perform (at its ow n cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are y with the standard of care provided for herein. Any
employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of a ny services under this Agreement, or a threat to the safety of persons or property (or any employ ee who fails or refuses to perform the services in a manner acceptable to the City) shall be promp tly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider s services. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments,
Village of Love Foundation 3 Service Provider Agreement Version 04-22-24
PERS payments, or other purposes normally associated with an em ployer-employee relationship from any compensation due to Provider. Payments of the above i tems, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City emp loyee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemni fy, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees,
damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney
connected to performance of its obligations under this Agreement or out of the operations conducted by Provider even if the City is found to h ave been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or wi llful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful miscond uct of the City. 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. b. As to Claims for professional liability only, obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
Village of Love Foundation 4 Service Provider Agreement Version 04-22-24
c. and hold harmless Indemnities shall
expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement , Provider shall furnish the City with certificates showing the type, amount, class of operation s covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4). The Certificate Holder should be The Ci ty of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider s indemnification, shall also contain substantially the following statement:
Should any of the above insurance covered by this certificate b e canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda. Attention: Risk Manager.
Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California
than A:VII or (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insura nce certificate for the duration of the term of Agreement. Endorsements naming the City, its City Coun cil, boards, commissions, officials, employees, agents, and volunteers as additional insu red shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers Compensation:
Statutory coverage as required by the State of California, as w ell as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be
Village of Love Foundation 5 Service Provider Agreement Version 04-22-24
considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and policy endorsements pages. Additi onal Insured Endorsement naming the City, its City Council, boards, commissi ons, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the f ollowing minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each claim
Technology professional liability errors and omissions shall in clude, or be endorsed to include, property damage liability coverage for dam age to, alteration City in the ca
City may be endorsed onto
Cyber Liability Policy as covered property as follows: cyber l iability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or info of the City that will be in the care, custody, or control of Provider.
As to commercial general liability and automobile liability in surance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
Village of Love Foundation 6 Service Provider Agreement Version 04-22-24
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider ag rees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
Compensation policy shall be endorsed with a waiver of subrogat ion in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to s ecure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, emp loyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be e ntitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional i nsured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under -contributory and
-insurance. Any available insurance
proceeds broader than or in excess of the specified minimum ins urance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) th e minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.
Village of Love Foundation 7 Service Provider Agreement Version 04-22-24
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Pr ovider to perform the services required by this Agreement. Provider may be required to fill o ut a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law o r otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desire d transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any a ssignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of t he issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of workers compensation insurance and shall also be required to carry general, automobi le and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers s hall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub- -providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement,
Village of Love Foundation 8 Service Provider Agreement Version 04-22-24
all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and oth er document produced, prepared or caused to be prepared by Provider pursuan t to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any indiv idual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the C ity that relate to the performance of the services and tasks under this Agreement (collectively Records . b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow insp ection of all proceedings and activities related to this Agreement. Such Records, together w ith supporting documents, shall be kept separate from other documents and records and shall be mai ntained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessar y due to concerns raised by the City s preliminary examination or audit of records, and the City s supplemental examination or audit of the records discloses a failure to adhe re to appropriate internal financial controls, or other breach of this Agreement or failure to act i n good faith, then Provider shall reimburse the City for all reasonable costs and expenses associ ated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or wi th delivery confirmation requested from the U.S. postal service; or (iii)
respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlie r to occur of: (x) actual delivery or the date on which delivery is refused; or (y ) three (3) days after notice is
Village of Love Foundation 9 Service Provider Agreement Version 04-22-24
deposited in the U.S. mail or with a courier service in the man ner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Housing and Human Services
950 W. Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: Lisa Fitts, Housing and Human Services Manager Ph: (510) 747-6884
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
The Village of Love Foundation
490 43
rd Street
Oakland, CA 94303
ATTENTION: Joey Harrison, Executive Director
Ph: (510) 313-1974
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Housing and Human Services
950 W. Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: Danielle Sullivan
Email: [email protected]
18. SAFETY:
a. Provider will be solely and completely responsible for conditio ns of all vehicles owned or operated by Provider, including the safety of all pers ons and property during performance of the services and tasks under this Agreement. Th is requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of La bor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
Village of Love Foundation 10 Service Provider Agreement Version 04-22-24
b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit t o the City a written report of all incidents that occur in connection with this Agreement. This r eport must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obl igation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS FEES:
In the event of any litigation, including administrative procee dings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the part
fees and costs. No party or
other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the City shall have the right to imp ose, at the discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully in formed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as
Village of Love Foundation 11 Service Provider Agreement Version 04-22-24
all such orders and decrees of bodies or tribunals having any j urisdiction or authority over the same. Provider shall comply with all applicable laws, state an d federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall d efend, indemnify, and hold City (including its officials, directors, officers, employees, and a gents) free and harmless from any claim or liability arising out of any failure or alleged failur e to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the par ties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisd iction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or co ndition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 30, the Recitals and exhibit s are a material part of this Agreement and are expressly incorporated herein. This Agreemen t represents the full and complete understanding of every kind or nature whatsoever betwe en the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or n ature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. PREVAILING WAGES:
Provider is aware of the requirements of California Labor Code Section 1720, et seq., and nd the performance of other
Provider agrees to fully comply with
efined by the Prevailing Wage Laws and if the total
compensation is $1,000 or more. City shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the comm encement of this Agreement.
Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to i nterested parties upon request; and the project site. Provider shall
defend, indemnify, and hold the City (its elected officials, of ficers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Village of Love Foundation 12 Service Provider Agreement Version 04-22-24
27. CAPTIONS:
The captions in this Agreement are for convenience only, are no t a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
28. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
29. SIGNATORY:
By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signat ure on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
30. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Village of Love Foundation 13 Service Provider Agreement Version 04-22-24
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
THE VILLAGE OF LOVE FOUNDATION CITY OF ALAMEDA
a California non-profit corporation a municipal corporation Joey Harrison Jennifer Ott
Chief Executive Officer City Manager
RECOMMENDED FOR APPROVAL
Albert Burns
Chief Financial Officer
Amy Wooldridge
Assistant City Manager
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
EXHIBIT A
City of Alameda
Housing and Human Services
HOMELESS OUTREACH TEAM
SCOPE OF WORK
PROVIDER: The Village of Love Foundation
PROGRAM: Homeless Outreach Team
CLIENTS TO BE SERVED: Minimum of 100 unduplicated homeless clients per year
CONTRACT AMOUNT: $270,000
CONTRACT PERIOD: October 1, 2024 – September 30, 2025
The Homeless Outreach Team (HOT) in the City of Alameda (City) will continue to be a positive beneficial addition to Alameda’s unsheltered community. While the challenges of homelessness are difficult and multi-faceted, there are solutions. And, while no solution is guaranteed to completely solve homelessness, there is much potential for assisting with improving lives and helping to achieve self-sufficiency.
In addition to the City’s Core Principals, The Village of Love Foundation’s (VOL) goal for HOT is to build relationships between outreach workers and the unsheltered in Alameda.
By working directly with the unsheltered, we can assess their needs and connect them to the appropriate resources and services.
VOL HOT will continue to work with the unsheltered community in order to decrease and eliminate any barriers that may be keeping them from gaining housing stability.
HOT responds to calls for homeless services assistance, makes regular contact with individuals and establishes a relationship with the unsheltered in encampments and those throughout the City. HOT provides transportation to the Day Center. They also assist the Alameda Police Department with calls related to the unsheltered community.
HOT will continue to perform daily street outreach and staff an office in the Day Center, to continue working with the unsheltered to whom they outreached.
The unsheltered that we outreach to feed directly into the Day Center, which is a safe, welcoming, loving place, accepting of all. Participants will not be discriminated against based on race, creed, gender, color, or religion. Men, women, and LGBTQ+ individuals and people are welcome to receive services without judgment.
The Day Center is available for our unsheltered 7 days a week, 9am-8pm, and can provide an overnight sleeping shelter for up to 10 individuals per night.
Presently, when performing street outreach, our approach is comforting. HOT engages the individual and asks, “How are you doing today?” We introduce ourselves and let them know we are from the Village of Love. We get a feel for them, and they get a feel for us. We bring them food, hygiene kits, resource materials, invite them to the Day Center and inform them of other places they can go for shelter, meals, medical care, and support.
If they choose to come to the Day Center, we can transport them in our van. When they arrive at the Day Center, they complete an intake form with the case worker, meet our friendly staff, participate in our services, and become part of the Day Center family.
Many choose not to come at first because they are more comfortable outdoors, and are wary. In that case, we continue to visit them where they are, and conduct outreach. We continue to bring them food and check on them regularly. This is where patience and building a rapport becomes important.
Our Homeless Outreach Team responds to calls and requests from the City of Alameda, and special requests from residents with a complaint or concern of an unsheltered individual. We are asked to aid in removing an unsheltered individual from a specific location. When this happens, we visit the location we’ve received a call about and meet with the unsheltered individual. We offer services immediately upon meeting and invite them to come with us to the Day Center. We review and share the City’s encampment guidelines. Often, we have are able to persuade them to move from to a more appropriate location and help them understand why the guidelines are in place. On occasion, we have been able to place them in hotels and SRO’s.
HOT acts as an extension of the Day Center, which is essentially a one-stop shop for the unsheltered in Alameda.
VOL has provided De-escalation training presentations for Alameda (City of Alameda, Residents, Businesses), in the past. As part of the HOT contract, VOL will provide four (4) complimentary, quarterly, De-escalation Trainings for Alameda. De-escalation is used during uncomfortable, potentially dangerous, or threatening, situations, to prevent a person from causing harm to us, themselves or others, by calming the situation to prevent escalation. This training will explain techniques, tips, principles, and communication skills to De-Escalate Any Situation, Any person, Anywhere, Anytime! The Village of Love Foundation Homeless Outreach Team in Alameda, shall deliver the following, in conjunction with the City of Alameda’s Core Principals:
a. Harm Reduction
- Harm Reduction outreach services through street outreach, at encampments and hot spot areas where the unsheltered are known to congregate. During street outreach we interact, distribute hygiene kits, snack bags, meals and we invite them to the Day Center.
- Transportation will be provided using the Day Center Transportation Van.
We can transport individuals to and from The Day Center, once they become participants of the Day Center, we are able to transport them to and from doctor’s appointments, social service appointments, etc. - Encouragement and support of light clean up around sites to maintain health and welfare of encampments and the surrounding community the Homeless Outreach Team, the team will provide cleaning materials (gloves, garbage bags, etc.).
- The Day Center can be used as a meeting site and a place for social support contacts. Participants may use the Day Center as a mailing address and may have access to a computer, phone and establish an email address.
- Psychological/emotional preparation and support for participants around obtaining housing, and a group offered at The Day Center “Ready, Set, Home” which helps prepare the unsheltered for returning into an indoor living situation.
- We will continue to foster the ongoing relationships we have developed during our daily/weekly street outreach as we have built a rapport and provide consistent contact.
b. Linkages-Our Homeless Outreach Team shall:
- Provide linkage with clinical care management and other service resources as needed and desired.
- Help link individuals with housing resource centers, housing navigation services, and interim or bridge housing resources, as desired and available, with the goal of helping individuals move from unsheltered to sheltered situations.
- Help link individuals with public benefits, including income support and health insurance.
- Help link individuals with appropriate health care services – primary care, behavioral health, dental, etc. – based on their expressed needs and priorities.
- Help link individuals with appropriate legal resources – homeless caring court, record expungement services, and probation housing resources.
- The Day Center Transportation Van will be used to assist individuals in making linkages to benefits and services.
- The Homeless Outreach Team shall accompany individuals to appointments, when required and as needed, to obtain benefits and services.
- The Homeless Outreach Team shall interview individuals served to determine if there are potential family supports and help individuals to connect.
c. Office-Based Case Management shall be provided at the Day Center, while the Homeless Outreach Team shall provide Street-Based Case Management, in the following:
- Engage clients in services focused on fulfilling housing goals and support clients in achieving positive housing outcomes. - Assess the individual’s needs, make referrals, provide support in navigating various systems, connect clients with various resources, and advocate for addressing individual’s needs.
d. Housing Preparation Work - the Homeless Outreach Team shall:
- Continue the approach used at the Day Center where we develop a rapport with the participants and we will extend that to the Homeless Outreach Team.
- We have built a relationship with our unsheltered, knowing each one of them and their family members by na me. Treating all guests, and their pets, as if they are a member of our family.
- Assess individuals to address housing histories and barriers – positive references, credit history, rental history and prior convictions, criminal history, registered sex offender status, outstanding debts, and outstanding warrants. Use housing history to inform preparation work, complete early to avoid surprises.
- Assess eligibility for permanent housing resources - deposit/move-in financial assistance, rapid re-housing, affordable housing, and permanent supportive housing.
- Assess the individual’s financial situation and potential budget for housing – help with income and benefits acquisition, develop a plan to help fund move-in costs.
- Help individuals create tenant resumes – gather appropriate documentation including I.D., SS cards, proof of citizenship, child custody, and other key information to use on housing
applications.
- Help identify and refer Home Stretch eligible clients to the Home Stretch registry.
- Collaborate with housing service providers post-housing for encamped individuals moving from the streets to permanent supporting housing for up to two years post-housing if individuals are accepting of services.
e. Postings/Clean-Up -Our Homeless Outreach Team shall:
- Provide for postings as designed by the City of Alameda. - Provide cleaning materials (bags, instructions, encouragement) for residents to maintain clean sites, dispose of garbage.
- Engage residents in Harm Reduction Outreach, including providing needed items, as available, and case management, as needed. - Record information about individuals at encampment sites in HMIS.
- Participate in clean ups by offering services on site. f. Coordinated Outreach Team for Unsheltered Homeless Individuals -Our Homeless Outreach Team shall:
- Actively participate in the City's Homeless Outreach Team (HOT)/Collaboration Advancing Resources, Efforts, and Supports (CARES) for Alameda’s Homeless and its activities, including, but not limited to, the following:
- Attending regular meetings
- Serving on workgroups and subcommittees
- Participating in the Dine and Connect planning meetings - Conducting outreach to promote the Dine and Connect
dinners and provide access for clients to participate
- Participating in the planning and implementation of Alameda’s Homeless Emergency Aid Program activities
- Serve as a core member of the Coordinated Outreach Team, which will focus on client case conferencing, service coordination with other providers, and response coordination to support clients.
Activities shall include the following:
Attend regular case conferencing meetings
Conduct Street-Based outreach
Conduct welfare checks to individuals as requested by the City Coordinate intervention response with Coordinated Outreach Team members Respond to requests to conduct outreach for individuals in a specific location Collaborate and coordinate with the Housing Resource Center.
Administer follow-up surveys to help improve service delivery and program effectiveness of the City of Alameda’s Coordinated Outreach program.
Ensure timely submission of monthly, annual, and other reports as requested by the City of Alameda.
Submit monthly reports and narrative reports
Regular ongoing training and supervision for the Homeless Outreach Team members inclusive of the following topics: Housing First, Person Centered Practice, Trauma Informed Care, Equal Access and Racial Equity, De- escalation, CPR and First Aid, and Naloxone Training.
The Village of Love Foundation Homeless Outreach Team, in the City of Alameda, shall employ two (2) full-time Homeless Outreach Team members, one part-time Team member, and identify a reserve team member to fill in during times of staff absences. The Village of Love Foundation Homeless Outreach Team shall provide seven (7) days per week coverage between the hours of 8:30a m-5:30pm, 365 days a year. Shortages in coverage will be reported to the City of Alameda in advance whenever possible.
Budget Fee Proposal RFP Submission 4/25/2024
The Village of Love Homeless Outreach Team Budget: Item Personnel Expenses: Pay Rate Break Allocation Holiday Pay Total bef ore taxes Payroll taxes at 30% Executive Director $126,126.00 .5 FTE included $6,306.30 $1,891.89 $8 ,198.19 Regional Director $41,600.00 .3 FTE included $12,480.00 $3,744.00 $16 ,224.00 Outreach Worker $24.50/hour x 40hrs $1,764.00 $52,724.00 $15,817.20 $68,541.20 5 days/week, 8:30am-5:30pm Outreach Worker Weekend $24.50/hour x 16hrs $1,764.00 $22,148.00 $6 ,644.40 $28,792.40 2 days Mental Health Case Manager $30/hour x 40hrs $2,160.00 $64,560.00 $1 9,368.00 $83,928.00 5 days/week, 8:30am-5:30pm Total Personnel Expenses: $205,683.79
Insurance:
Workers Comp/Insurance 1275 @ 2.35 employees $2,996.25
Medical Insurance 12,000 @ 2.35 employees $36,000.00
Other Program Expenses:
Uniforms for Employees 4 x $60 $120.00 Employee Uniforms Transportation/Gas/Maintenance 12 Months $3,517.46
Insurance: $38,996.25
Total Other Program Expenses $3,637.46
Total Personnel Expenses: $205,683.79
Indirect (8.75%) $21,682.50
TOTAL PROPOSED BUDGET: $270,000.00
²7«5¼Ĝ¯·@4,$Ĝ *-PP+R* #NĜ6+°+R#OĜ®#L§O ¶Ĝ
*6ĜJĜ
&
Ĝ qĜÖĜ
Ĝ
Ā2Ĝ
Ĝ
Ĝ×
Ĝ
57@@¤$53?ĜM,±,$3?Ĝ¬34¨?&½Ĝ57¹,$3M,Ĝ ³K$&Ĝ
%*¥+¢¸N+Ĝ
%ċ
Ĝ-9Ĝ6
ď
9e
1T
Ĝ#_
.ĘĜ-9Ĝ%;AÊá(
Ĝ-9Ĝ Q
1.T
Ĝ%;AÉĐ(
Ĝ
%DKQ 7#Q NO(/
PQ&E>Q %DLQ 8F4%)Q 7=
>Q 730&?>&75@Q 7#$&'(>Q
!1;*9M!"AQ 6
Q I:+G6D!"=BQ
Q JQ 2,-Q C<H=!Q .3" QQ
Q
þbfĜ õ
Ü EĜĜô
ÐĜ
ĜS
HĜ ĜĜÙĜÃēzĜ c
ĜW/Ĝ
ĜĜ
Ĝ£
c !Ĝ
#Ĝ %
.1
íĜ Ĝ I »
Ĝ (Ĝ #Ĝ (;üĜ Ĝ Ĝ
Ĝ Ĝ Ĝ
Ĝ
Ĝ Ĝ ĉĜ
< ê!dĜ Ĝ Ĝ
X<Ĝ Ĝ
B
"ĆĜ
ðĜ Ĝ
ĜS
{Ĝ
â/ĜĜ:
Ø
Ĝ
āĒ
) &
qĜ
Ĝ
/rĜ
Ĝ
Ĝ '
ÆĜ
hj!sĜhýÿ[Ĝ Ĝ
Ĝ ĜĜ
Ĝ Â
F
ĜĔ
Ĝ
Ĝ ĊĜ Ĝ<Co!
ĜĜ
WË`"`0Ĝ Ĝ
Ĝ
X0"0Ĝ
Ĝ
Ĝ
ìàĜ Ĝ
tČ
¦ĕ2
V) µ
Ĝ
Ĝ ] /Ĝ
Ĝ 0a
DĜ
Ĝ
Ĝ Ĝ
Ĝ ėĜ
lčÌ
À
Ĝ
Á ÑĜ
"ùĜ
2Ĝ
Ĝ
nĜ Ĝ m8
kZĜ Ĝ Ĝ Å ÇĜ
UöD|Ĝ
Ĝ
Ĝ !^ [Ĝ
UÝ
Ĝ
Ĝ 0
Ĝ Ĝ Ĝ kG! Ĝ
Ĝ
Ĝ
ĜmĜ D8
EĜĜ
Ĝ ¾
f Ĝ ĜĜ
ñđĜ Ĝ
Ĝ
a
i\
&
Ĝ
BĜĜ Ĝ
Ĝ
V =4g
Ĝ ã
ě}Ĝ =
ăĜ ë>Ĝ
u
p
ĜĜ<CĂĜä
ąxĜ Ĝ
òĜ
!sĜ
ÕG'Ĝ Ĝ ÚĜ ÒÍ æ
"oHĜÎĜ Ĝ
Ĝ
A >4ï
Ĝå
'ĚyĜ Ĝ v
'
jćęĜ Y>Ĝd
Ĝ
Ĝ =
g
Ĝ
t'w
L) º
Ĝ E
Ĝ Ĝ
Ĝ
Ĝ ^G ÏĜ :
Ĝ
û ~Ĝ
Ĝ
bĜ Ĝ Ĝ
%
.1
ĜªèéĜI e Þ1(Ĝ-ÓĜ (;ú.
©Ĝ 2 Ĝ
"Ĝ Ĝ
Ĝ
Ĝ
÷\Ĝ
Z8
'Ĝ ĜĜ ÈĜ ĜnĜ ÛĜĜĖ
Ĝ
Ĝ Ĝ
Ĝ Ĝ
Ĝ
Ĝ ĎlCĜ Ĝ
ĜFĜ
) $8
ĜĜ:Ĝ
Ĝ Ĝ /Ĝ
) K"
Ĝ
Ĝ :Ĝ
Ĝ çrĜ ó
2 ĜĜ
Ĝ
&
ĜpĜ
ĜĜøĜĈ
Ĝ
B
Ĝ
îFĜ
*6ĜJĜ ¡Ĝ
iÄĜ´ĄßYĜ7]
ĜĜĜ Q¿_
Ĝ Ĝ
ÔĜĜ
Form_SCTNID_CTGRY.XX0316ACORD25_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSR
LTR
ADDL
INSD
SUBR
WVDTYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
OTHER:
PRO-
JECT LOC
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N / A
POLICY NUMBER POLICY EFF POLICY EXP
(MM/DD/YYYY) (MM/DD/YYYY) LIMITS
$
$
$
$
$
$
$
EACH OCCURRENCE
DAMAGE TO RENTED
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PREMISES (Ea occurrence)
$
$
$
$
$
COMBINED SINGLE LIMIT
PROPERTY DAMAGE
BODILY INJURY (Per person)
(Ea accident)
BODILY INJURY (Per accident)
$
$
$
AGGREGATE
EACH OCCURRENCE
E.L. EACH ACCIDENT
INSURED
$
$
$E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
PER STATUTE OTH- ER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved.
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
[email protected]
05/21/2024
1-800-444-4487
THE VILLAGE OF LOVE FOUNDATION
490 43RD ST
OAKLAND, CA 94609
THE CITY OF ALAMEDA
2263 SANTA CLARA
ALAMEDA, CA 94501
Progressive Commercial Lines Customer and Agent Servicing 407649593747123209D052124T000045
Progressive Insurance
PO Box 94739, Cleveland, OH 44101
Progressive Express Insurance Company 10193
A X 00820768Y N 03/28/2024 09/28/2024
1,000,000
A 00820768Y N 03/28/2024 09/28/2024
See ACORD 101 for additional coverage details. $
Form_SCTNID_CTGRY.XX0108ACORD101_ACORD
<docindex><index>ACORD</index></docindex> BDF_PCA
Progressive Insurance
00820768
Progressive Express Insurance Company 10193
THE VILLAGE OF LOVE FOUNDATION
490 43RD ST
OAKLAND, CA 94609
03/28/2024
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY
POLICY NUMBER
CARRIER NAIC CODE
NAMED INSURED
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 1 1
Additional Coverages
Insurance coverage(s) Limits…………………………………………………………………………………………………………………………………………………………………………………… Uninsured/Underinsured Motorist $1,000,000 Combined Single Limit Description of Location/Vehicles/Special Items
Scheduled autos only…………………………………………………………………………………………………………………………………………………………………………………… 2008 FORD 1FDWE35L08DA26355E350 SUPER DUTY
Collision $500 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000
Rental Reimbursement $50 Per Day ($1,500 Max) …………………………………………………………………………………………………………………………………………………………………………………… 2007 HONDA 5FNRL38787B104460ODYSSEY
Collision $500 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000
Rental Reimbursement $50 Per Day ($1,500 Max)
Roadside Assistance Selected w/$0 Ded …………………………………………………………………………………………………………………………………………………………………………………… 2007 HONDA 5FNRL387X7B065001ODYSSEY
Collision $500 w/Waiver Ded
Comprehensive $500 Ded
Medical Payments $5,000
Rental Reimbursement $50 Per Day ($1,500 Max)
Roadside Assistance Selected w/$0 Ded …………………………………………………………………………………………………………………………………………………………………………………… 2012 CHEVROLET 2G1WG5E38C1290236IMPALA
Collision $500 Ded
Comprehensive $500 Ded
Medical Payments $5,000
Rental Reimbursement $50 Per Day ($1,500 Max)
Roadside Assistance Selected w/$0 Ded
Liability coverage may not apply to all scheduled vehicles.
Additional Information
Certificate holder is listed as an Additional Insured.
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.