Buena Park City Council
June 25, 2024

County of Orange
Standards of Care
for Emergency Shelter Providers

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 32 of 64 Page ID #:4228

Table of Contents

1.1. Standards of Care for Emergency Shelter Providers ................................................................................ 4

1.2. Emergency Shelter Providers’ Operations ............................................................................................... 5

1.2.1. Admissions and Eligibility ................................................................................................................. 5

1.2.2. Intake and Orientation ..................................................................................................................... 6

1.2.3. Participant’s Rights and Responsibilities.......................................................................................... 6

1.2.4. Equal Access and Gender Identity ................................................................................................... 7

1.2.5. Non-Discrimination .......................................................................................................................... 7

1.2.6. Reasonable Accommodations .......................................................................................................... 8

1.2.7. Service Animals and Support Animals.............................................................................................. 8

1.2.8. Communication Accessibility ........................................................................................................... 9

1.2.9. Participant Feedback ........................................................................................................................ 9

1.2.10. Incident Reporting ............................................................................................................................ 9

1.2.11. Grievances ...................................................................................................................................... 10

1.2.12. Program Exits ................................................................................................................................. 12

1.2.13. Hours of Operation and Curfew ..................................................................................................... 13

1.2.14. Coordinated Entry System Integration ........................................................................................... 13

1.2.15. Food Services .................................................................................................................................. 13

1.2.16. Medication Storage ........................................................................................................................ 14

1.2.17. Storage and Personal Belongings ................................................................................................... 14

1.2.18. Safety and Emergency Preparedness ............................................................................................. 14

1.2.19. Communicable Diseases ................................................................................................................. 15

2. Supportive Services .................................................................................................................................... 15

2.1. Case Management Access .................................................................................................................. 15

2.2. Assessments ....................................................................................................................................... 15

2.3. Housing Plans ..................................................................................................................................... 15

2.4. Housing Focused Services .................................................................................................................. 16

2.5. Services, Referrals and Linkages ........................................................................................................ 16

2.6. Transportation ................................................................................................................................... 17

3. Staff Training .............................................................................................................................................. 17

4. Facility Standards ........................................................................................................................................ 18

4.1. Facility Standards for Emergency Shelter .......................................................................................... 18

4.2. ADA Facility Standards ....................................................................................................................... 19 Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 33 of 64 Page ID #:4229

4.3. Hygiene Products ............................................................................................................................... 20

4.4. Hazardous Materials .......................................................................................................................... 21

5. Administration ............................................................................................................................................ 21

5.1. Policies and Procedures ..................................................................................................................... 21

5.2. Staffing ............................................................................................................................................... 21

5.3. HMIS Participation and Documentation ............................................................................................ 22

5.4. Document Storage and Retention...................................................................................................... 22

5.5. Quality Assurance .............................................................................................................................. 22

5.6. Program Monitoring ........................................................................................................................... 22

5.7. Reporting ............................................................................................................................................ 22

5.8. Waivers .............................................................................................................................................. 23

6. Attachments ............................................................................................................................................... 24

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1.1. Standards of Care for Emergency Shelter Providers
The County of Orange (County) has adopted the following Standards of Care for Emergency Shelter Providers (Shelter Providers) for Homeless Services.

The Standards of Care establish minimum standard requirements designed to promote an environment that is conducive under the following governing principles:
• Shelter Providers are trained, competent and equipped t o support the complex needs presented by those experiencing homelessness within Orange County (OC). • Participants are empowered to freely enter into a voluntary service partnership whereby their right to be treated with dignity and respect is mutually shared with support services staff. • Facilities are maintained as accessible, clean, safe, secure and vector-free. • Shelter Providers and participants have established processes to identify and resolve any concerns or conflicts that may arise during the administration and operation of the program. • Shelter Providers actively work to engage participants in a person-centered approach and support the development of individualized participant housing plans.

The County will provide oversight of Shelter Providers that directly contract with the County with the goal of promoting quality assurance practices for their operations and remediation p rotocols in order to allow participants a meaningful opportunity to exercise their rights to due process for redress of their concerns . To that effect, these Shelter Providers must develop policies and procedures to ensure the Standards of Care is implemented consistently, and must submit the policies and procedures to County for review and approv al.

County’s review and approval will be in deference to and in conjunction with the requirements of all applicable funding sources and all state and federal guidelines including Housing and Urban Development (HUD) and the Centers for Disease Control and Prevention (CDC).

All city -only and private emergency shelter providers serving homeless individuals that receive funding distributed through the County, directly or indirectly, will be provided with the Standards of Care and must adopt and implement the minimum standards set forth in this document.

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1.2. Emergency Shelter Providers’ Operations

1.2.1. Admissions and Eligibility
Shelter Providers must develop policies and procedures for p articipant referral and admission. Admission policies and procedures must be clear, written and verbally explained to participants and referring entities at time of referral to ensure appropriate linkage prior to arrival at shelter.

Admission polic ies and procedures must at a minimum , provide information on admission parameters including referral process, eligibility, shelter program services, participant guidelines, the reasonable accommodation process, and reasons for admission denial.

Shelter Providers must ensure information is given to p articipants both verbally and in writing and in a manner which is preferred by participant, considering disability and limited English proficiency. For individuals with communication disabilities, including people who are deaf and/or blind and people who have speech disabilities, Shelter Providers must provide auxiliary aids and services (such as sign language interpreters, information in braille or large print, video relay comm unications) when needed to communicate effectively with people who have communication disabilities. For participants with limited English proficiency, shelter providers must provide interpretation services. Interpretation may be provided by a family or frien d if chosen by the participant. Shelter Providers must provide outside interpretation if the participant states that they are not comfortable having their family or friend interpret.

Shelter Providers at admission must assess , with i nput from the participant, the appropriateness of the shelter environment for referred participants to ensure that basic individualized needs of the p articipant can be met by the facility, shelter staff and programming.

Shelter Providers at admission must assess, with input from the participant, for diversion and prevention opportunities by evaluating participant’s strengths and social support networks such as temporary and/or permanent housing options with family and friends. If it is determined that an individual may qualify for a medical or mental health placement with a higher level of care, the Shelter Provider shall request that evaluation from Orange County Health Care Agency (HCA) within 1 business day of the determination. HCA will facilitate that assessment at the shelter site within 5 business days, and will provide same day evaluation in exigent circumstances.

Shelter Providers must document within Homeless Management Information System (HMIS) any new bed placements or exits within 24 hours.

Denial of Admission
Denial to shelter is at the discretion of Shelter Providers , however, any denial must clearly explain to participant and referring entity denial of admission to the shelter. If a denial is issued, shelter must issue a written notice with a Notice of Denial (NOD), reason for denial, and procedures for third-party appeal.

Reasons for denial may include any of the following:
• Referred participant does not meet basic admission eligibility criteria – status related to homelessness, domestic violence, veteran, etc. Shelters that have designated beds based on funding sources may have additional eligibility criteria.

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• Observed behavior that puts health and safety of staff and participants at risk. Such behavior may include, but is not limited to, violence, brandishing weapons, use of drugs or alcohol on premises, property damage.
• Any additional site specific contractual criteria.

1.2.2. Intake and Orientation
Shelter Providers during intake must provide new ly admitted participants with information both verbally and in writing, detailing p articipant guidelines, shelter programming and resources, and facility-based information. Shelters must also assess, with participant, for any reasonable accommodation s needed during the intake process. Shelter Providers should be sensitive to participant’s background and that it may create transference during the intake process. Intake staff must be trained to spot signs that a participant may be experiencing discomfort and if needed, respond by asking another staff to conduct the intake .

Shelter Providers’ interaction with participants must at all times take into account that many participants have experienced past trauma. It is important that Shelter Providers’ intakes are designed and conducted in a trauma-informed-care-way.

Shelter Providers must provide an intake and orientation for referred p articipants within 3 business d ays of arrival absent exigent circumstances requiring additional time.

Shelter Providers during intake must obtain a referred participant’s signature of acknowledgement that the shelter has provided to referred participant intake and orientation. Participant’s s ignature is not a requirement for provision of shelter service, and intake pap erwork must have a section documenting participant’s refusal or inability to sign.

1.2.3. Participant’s Rights and Responsibilities
Participant’s rights and responsibilities must be provid ed to p articipants upon intake and orientation evidenced by participant’s signature of acknowledgement or document of participant’s refusal or inability to sign. Participant’s rights and responsibilities must also be posted in common areas of the shelter.

At a minimum, participant’s rights must include:
• Participants have the right to be treated with dignity and respect; • Participants have the right to be treated with cultural responsiveness; • Participants have the right to privacy within the constrictions of the shelter environment; • Participants have the right to self-determination in identifying and setting goals; • Participants should be clearly informed, in understandable language, about the purpose of the services being delivered, including participants who are not literate and/or who have limited English proficiency;
• Participants have a right to reasonable accommodation and modifications based on a disability or limited English proficiency;
• Services should be provided to participants only in the context of a professional relationship based on valid, informed consent;
• Participants have the right to confidentiality and information about when confidential information will be disclosed, to whom and for what purpose, as well as the right to deny disclosure, unless disclosure is required by law; and
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• Participants have the right to reasonable access to records concerning their involvement in the program.

Participant’s responsibilities will include:
• Participants are expected to support an environment that promotes safety, toward staff and other participants;
• Participants are expected to follow participant guidelines reviewed at intake; • Participants are expected to participate and be active in their care, to the degree possible, in developing and achieving mutually agreed upon service plan goals; • Participants must provide, to the extent possible, accurate information needed by professiona l staff providing services to ensure thorough assessment, service planning, appropriate linkages and referrals; and
• Participants are expected to maintain confidentiality and privacy of others, just as theirs must be maintained.

1.2.4. Equal Access and Gender Identity
Shelter Providers must have polic ies and procedures that provide equal access to transgender , intersex, gender fluid, and non-binary participants in accordance with their gender identity.

Shelter Providers must not request or require any form of proof of gender to validate eligibility, and are not to require that a person’s gender match the sex listed on legal documentation.

The policies and procedures must incorporate all of the following practices:
• Participants must be assigned a bed at the shelter that serves the gender with which they identify or feel safest , which may include accommodating participant requests to relocate within the shelter. Accommodations to support safety for gender identity is the responsibility of the shelter staff. Accommodations must be developed mutually and determined by the participant. • Participants must have access to bathrooms where they feel safest , regardless of biological or physical characteristics, or legally documented sex.
• Participant families are to receive services regardless of the gender identities within the family. • Participants must be able to dictate the gender identity utilized in HMIS and data collection. • Participants may dictate their preferred name for use in HMIS as HMIS does not require use of legal name.

1.2.5. Non-Discrimination
Shelter Providers must have a non-discrimination policy in compliance with federal and state laws. Non- discrimination policy must ensure that Shelter Providers’ programs and services do not discriminate based on the grounds of race, creed, color, sex, gender, gender identity, gender expression, sexual orientation, religion, ancestry, age, disability (including physical and mental disabilities), medical condition, genetic information, marital status, familial status, political affiliation, national origin, source of income, citizenship, primary language, immigration status, arbitrary characteristics as protected by the Unruh Civil Rights Act, and all other classes of individuals protected from discrimination under federal or state fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes.

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Shelter Providers must have public postings of the shelter’s non-discrimination policy at the facility where they operate the shelter program.

1.2.6. Reasonable Accommodations
Shelter Providers must have policies and procedures on reasonable accommodations, including reasonable modifications to premises, in compliance with federal and state law. Shelter Providers must make reasonable accommodations and modifications in their programs, facilities, activities and services when necessary, to ensure equal access to participants with disabilities, unless a fundamental alteration in the nature of the ir program, activities or services would result from the accommodation. Shelter Providers must track all reasonable accommodations requ ests and outcomes including the reasons for approval or denial. All shelters must offer appeals based on a denial and will track appeal outcomes and make them available if requested.

Shelter Providers must have public postings of their shelter’s reasonable accommodation and modification policy. The postings must include contact information including the contact information for the Shelter ’s Americans with Disabilities Act (ADA) Coordinator.

Shelter Providers must receive and attend an annual training covering general accessibility provided by the County to ensure requirements under federal and state law (including but not limited to: the ADA Title II and Title III, Section 504, FHA, FEHA, Gov. Code Section 11135, Unruh Act, and California Disabled Persons Act) are addressed. Shelter Providers must also provide an annual training for staff relating to programmatic and facility based compliance with federal and state law requirements.

Shelter Providers must complete a Self-Evaluation Plan every 2 years to ensure that their shelters and all programs, services and activities therein are accessible for participants.

1.2.7. Service Animals and Support Animals
Shelter Providers must have policies and procedures regarding access for participants with service animals and support animals, as well as pets.

Shelter Providers must admit participants and his/her/their service animal or support animal regardless of what documentation is present at the time of admission. Service Animals do not need to have any certification or documentation. Providers should support participant in acquiring any registration, licensing and vaccinations as needed.

Shelter Providers must not ask what disability a participant with a service animal may have to establish the need for the service animal. Shelter staff are only allowed to ask if the service animal supports a disability, and what function the service animal executes.

Support animals are protected under the California Fair Employment and Housing Act. Support animals provide therapeutic support to the participant to support day-to-day functioning, and participants must be allowed to have support animals as a reasonable accommodation. If necessary, shelters should support participants with obtaining information from a reliable third party who is in a position to know about the individual’s disability or disability-related need for the support animal, or in obtaining necessary vaccinations.

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The supervision of the s ervice animals and support animals is the responsibility of the p articipant. The animal must be under the participant’s control at all times and not pose a safety risk to other participants within the program. Shelter Providers may exit a participant without the assistance of his/her/their animal in the event the p articipant is unable to control his /her/their service animal or support animal, or the service animal or support animal becomes a safety risk or sanitary concern for the shelter, shelter’s operations, participant, or other p articipants. However, Shelter Providers must determine whether a reasonable accommodation would resolve the event from happening in the future or resolve any ongoing event and offer alternatives to exit including the option to board the animal temporarily.

1.2.8. Communication Accessibility
Language Accessibility: Shelter Providers must have a Language Access Plan and accompanying guidance to ensure that participants with limited English proficiency can receive services in their desired language .

Shelter Providers must provide training for all shelter staff on how to support limited English proficiency services.

Disability Communication Accessibility: Shelter Providers must have a Disability Communication Access Plan for participants with disabilities including people who are deaf and/or blind and people who have speech disabilities, to ensure access and effective communication when needed, by providing auxiliary aids and services (such as sign language interpreters, information in brai lle or large print, video relay communications) or other accommodations. Shelter Providers must provide training for all shelter staff on how to support and access various interpretation services, as well as auxiliary aids and services.

Language Access Plan must be provided to participants at intake and provide information on the following:
• How to request services for language access.
• The contact information for the Shelter ADA Coordinator. • How to request language access for effective communication. • How to request auxiliary aids and other disability communication access accommodations. • Procedures for requesting a reasonable accommodation based on disability.

1.2.9. Participant Feedback
Shelter Providers must establish a participant feedback policy and develop a feedback process that provides for ongoing opportunities for participants to voice opinions and provide feedback confidentially to the person in charge of the shelter operations on program operations and programming, including participant guidelines. Methods for receiving participant feedback can include exit interviews, surveys, focus groups and program meetings.

Shelter Providers must solicit participant feedback annually and utilize the feedback to assess program operation changes to better support and meet the needs of the participants. A report must be created which summarizes feedback and any changes being implemented based on feedback.

1.2.10. Incident Reporting
Shelter Providers must develop policies and procedures for the tracking and reporting of i ncidents involving:

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• Abuse, suspected abuse, and reportable abuse including Adult Protective Services or Child Protective Services;
• Acts of violence or sexual misconduct;
• Death of participant and/or shelter staff;
• Emergency situations that prompt evacuation; and
• Substantial damage to the facility, or the discovery of hazardous material on shelter’s premises.

Shelter Providers must report incidents to County within 24 hours of the incident occurring. The notification to the County should occur even if there is partial information at the required time of submission.

Shelter Providers must utilize the County Template (Attachment 1) when reporting incident reports and submit them to:

Email: [email protected]
Address: 405 W. 5th Street, Suite 658, Santa Ana, CA 92701

1.2.11. Grievances
Shelter Providers must have policies and procedures for participants to submit their grievances. Shelter Providers must incorporate the County Template (Attachment 2) when creating grievance forms and related documents. The grievance policies and procedures are aimed for Shelter Providers to resolve participants’ concerns as efficiently as possible.

Note: Orange County Health Care Agency, Behavioral Health Services programs and services are not subject to the grievance policies and procedures set forth in this Section 1. 2.10. Behavioral Health Services programs and services have different formalized grievance and due process procedures which are prescribed by those funding sources and are considered independent of the minimum standards set forth in this Section 1.2.10.

To promote knowledge and understanding of the grievance policies and procedures, Shelter Providers must ensure the following:
• Review of grievance policy and procedures with participants during intake and orientation evidenced by participant signature of acknowledgement, or documentation of a p articipant’s inability or refusal to sign.
• Copies of the grievance policies and procedures must be prominently posted in common areas, and must be readily available for participants upon request. Postings must include the following:
o Where to obtain the grievance policies and procedures. o Information and procedures for participants on how to notify shelter staff of a grievance, including access to the associated forms and how to submit.
o Timeframe and initial communication expectations participants can expect from shelter staff once grievance has been submitted. Absent a danger to health and safety, no action including exit shall be taken against the participant while the grievance or appeal is pending. • Shelter Providers must provide information upon intake, and by request, how participants can contact the County Homeless Services Division.
• Annual training component for applicable shelter staff and subcontractors.

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• Designate a management staff to oversee the administration of grievances, including an alternative staff to ensure participant access to grievances at any point in time.

The grievance policies and procedures shall include, but are not limited to, the following:
• Shelter Providers must ensure participant confidentiality. • Shelter Providers must ensure an organized system of grievance documentation. • Shelter Providers must provide opportunity for participants to present their grievance case before a neutral decision-maker (a supervisor or manager who was not directly involved in the incident or situation of the grievance).
• Accommodation of third-party advocates in the grievance process, if requested by the participant.

Participant must give their permission for an advocate to be present evidenced by a signed release of information.
• Shelter Providers must work to create face -to-face meetings to support the resolution of a participant’s grievance.
• Shelter Providers must ensure participants receive a written determination for the submitted grievance after the grievance process has concluded.
• Shelter Providers must have a procedure for an appeal review process for participants looking to dispute their written determination. The final determination should contain a clear statement of the outcomes that led to the decision of the appeal.
• Shelter Providers must provide any documentation related to the grievance to the participant upon request.
• Shelter Providers’ policies and procedures must include information directing clients to the County Grievance Appeal Process.

The grievance policies and procedures must incorporate the following process and timeframes associated to respond promptly to participant’s grievance:
• Shelter Providers’ confirmation of grievance receipt not to exceed 3 business days, during which the Shelter Providers will acknowledge and review the grievance being received . A timeline to resolve the grievance should not exceed 10 business days, during which the participant will receive a written determination about the grievance that includes the factors that led to the final determination.
• The appeal process must afford p articipants an opportunity to present written and/or oral objections before a management/director staff member other than the staff person who made the prior grievance determination. Shelter Providers must provide a written determination for participant appeals within 10 business days.
• Absent an immediate health and safety risk to other participants or staff, the participant must be permitted to remain in the shelter during the appeal.

County Grievance Appeal Process
The County Grievance Appeal Process is designed to review participant grievances that have completed the Shelter Providers’ grievance process, including having gone through the Shelter Providers’ appeal process (Attachment 3 ). The County Grievance Appeal P rocess (Attachment 4 ) reviews the administrative and operational compliance of Shelter Providers’ grievance policy and procedure in addition to compliance to the Standards of Care.

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Dispute Resolution Services
Dispute Resolution Services may be requested by the p articipant once the Shelter Providers ’ grievance process and the County Grievance Appeal Process have been completed and the outcome is not a satisfactory resolution for the Participant.

Shelter Providers’ policies and procedures must include information on how to obtain dispute resolution services from the court. This may include notifying the chambers of Judge David O. Carter via email at [email protected] or contacting the Elder Law and Disability Rights Center at (714) 617- 5353 or [email protected]. Any hearings by the court must be conducted during regular business hours whenever feasible.

1.2.12. Program Exits
Shelter Providers must provide the policy for program exits upon intake evidenced by a p articipant’s signature of acknowledgement, or documentation of participant’s refusal or inability to sign.

Policies and procedures developed regarding p articipant guideline violations must include an escalation continuum incorporating warnings and staff/participant problem solving methods prio r to instituting shelter exits.

Shelter Providers must have policies and procedures for assessing, problem solving, and instituting participant exits from shelter.

Shelter Providers must ensure all escalation processes, including those resulting in s helter exits, are documented. Shelter Providers must allow for participants to appeal their termination via the established process in Section 1.2.10 Grievances. Participant exits may include the following reasons, however, Shelter Providers are encouraged to work towards behavioral contract agreements prior to exit:
• In possession or use of drugs on-site.
• Brandishing of weapons.
• Physical fighting/assault/battery.
• Theft that has been validated by shelter staff.

Shelter Providers must provide the reasons for a p articipant exit in writing. If the exit is immediate based on behavioral issues that create an immediate threat to the sur rounding environment, notice in writing must be provided upon request within 24 hours.

Shelter Providers should work towards notifying participants of an exit ahead of time. Absent an immediate threat to health and safety, providers must facilitate the connection to another program. The l ength of time of exit should correlate with the actual recent behavior which is the reason for the exit, as opposed to the number of times the participant has exhibited the same or similar behavior.

Shelter Providers must work with participants to create an exit plan when possible. Exit plans must identify progress towards goals and resources that will assist the participant going forward with any housing needs.

Exit plans should be reviewed with participants when possible.

Shelter Providers must have a policy for reinstatement for participants that have been exited from the shelter. If a participant is being exited to any location other than permanent housing, communication must be provided around the amount of time and/or process for returning. Practices around the length of time Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 43 of 64 Page ID #:4239

before a participant can return should be commensurate to the severity of the behavior, and must not be progressive in length of time for repeat exits due to the same behavior. Shelter Providers are encouraged to have reinstatement policies that focus on conversations regarding behavior and mutual agreements to reduce the length of time before a participant can return.

If a participant self-exits for any reason other than to avoid an exit or write-up due to behavior, they are eligible to return based on bed availability with no wait period. If there are negative circumstances associated with their self-exit, the Shelter Provider should follow their established process and wait times for re-entry. Self-exit is inclusive of when a participant leaves the program without informing the Shelter Provider of their intent to exit from the program.

1.2.13. Hours of Operation and Curfew
Shelter Providers must notify participants of shelter hours of operation and any curfews. Shelter Providers must support reasonable accommodations for participants with disabilities, and provide accommodations to support employed participants and/or extenuating circumstances.

1.2.14. Coordinated Entry System Integration
Shelter Providers must participate in the Orange County homeless services system of care, including the Orange County Coordinated Entry System (CES). The emergency shelter system serves as a key Access Point to the Coordinated Entry System to facilitate program participants ’ connection to available h ousing resources and programs.

Shelter Providers must coordinate with public benefits, employment services and Housing Navigators that will assist program parti cipants in exploring all available employment, income and housing options, collecting required documentation and completing necessary assessments as required by the Coordinated Entry System.

1.2.15. Food Services
Shelter Providers must provide three meals per day to each program participant: breakfast, lunch and a hot dinner, or meals on another schedule as defined by the funder contract. Shelter Providers may cater meals in and/or make arrangements to ensure food service compliance. Shelter Providers must ensure meals can accommodate clients who have special dietary needs due to a documented medical condition , or due to religious beliefs.

Meal schedules must be covered during intake and orientation with participants. Meal schedules must be updated weekly and posted in common areas for participants’ access.

Meals must be served in an area specifically designated for meal consumption where adequate space for seated dining is available for each participant, including those with mobility devices.

Meals must be nutritionally adequate in accordance with United States Department of Agriculture.

Meal preparation and distribution will be in compliance with OC Health Care Agency Safe Food Handling Requirements.

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1.2.16. Medication Storage
Shelter Providers must develop and implement a policy regarding participant medication storage. The policy shall address medication storage, documentation, refrigeration, and shall include a secure and locked location for medication storage such as a medication cabinet, locker or drawer.

The Shelter Provider may not administer or dispense medication (provide dosage or ensure medication schedule adherence) for participants and may not require participants to turn over their medication.

1.2.17. Storage and Personal Belongings
Shelter Providers must have a p articipant storage policy to be provided to participants upon intake. At a minimum, shelter operators must allow for at least 90 days after a participant’s exit to gather her/his/their personal belongings or facilitate relocating those belonging to participant sooner.

Shelter Providers must maintain a log of personal belongings that are discarded. The log will at minimum include the name of the participant, the date when belongings were discarded and the staff member who updated the log.

Shelter Providers will allow for individuals to regularly access their storage and personal belongings, and not restrict volume of belongings that would exclude essential items and disability related items.

1.2.18. Safety and Emergency Preparedness
Shelter Providers must develop written policies and procedures for emergency situations with relation to staff and participant safety and security.

Policies and Procedures must include the following:
• Emergency preparedness drills;
• Emergency evacuations;
• Assisting participants with evacuations, including persons with disabilities and/or limited mobility; • Stockpiling of appropriate quantities of water and food rations; • Accounting for all individuals accessing the facility (including participants, shelter operator staff, supportive service partners and volunteers) for all entry and exits that include sign -in/out information;
• At least 1 staff member per shift that has been trained in emergency response and has an up -to- date certification for CPR (cardiopulmonary resuscitation) and emergency first aid procedures; • Staff and participant first aid kits on-site for non-emergency first aid;1 • Crisis Intervention for emergency situations requiring staff to access emergency services such as 911 calls, police reports, or for performing other non-violent interventions; and • Critical incident documentation and reporting.

Shelter Providers procuring security must provide training to the security staff on agency safety protocols, and policies and procedures for escalations requiring security intervention.

1 For list of minimally acceptable number and type of first- aid supplies, please follow this link:
https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.266AppA.

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1.2.19. Communicable Diseases
Shelter Providers must develop written policies and procedures that address universal precautions, tuberculosis control, disease prevention, epidemic response, and biohazard practices, which are in compliance with Health Care Agency guidelines.

Shelter Providers must comply with universal precautions, proper sharps disposal, provide personal protective equipment (PPE) a nd provide training to s taff. Shelter providers must ensure that shelter services, bed location, and common space comply with minimum standards for health and safety as provided by the CDC, California Department of Public Health, and the OC Health Care Agency.

2. Supportive Services

2.1. Case Management Access
Shelter Providers are required to have case management available to participants on site.

Participation within case management is voluntary to program participants, however all participants must be offered case management and must be engaged on an ongoing basis to encourage participation. Shelter Providers should recognize that it may take multiple contacts before a participant is ready to engage.

Shelter Providers must ensure case management services are participant -centered to individual needs.

Programs must provide space for the provision of case management that works to create as much privacy and confidentiality as possible.

2.2. Assessments
Shelter Providers must provide a standard assessment which includes an evaluation of the participant’s service needs, including information about past and current service needs. Assessments must provide opportunity to identify any barriers or issues that may impact the participant’s ability to successfully engage in services, including barriers arising from trauma and/or disabilities . Assessments must also be designed to identify additional supports and resources that participants should be referred/aligned with.

Shelter Providers must work with the Health Care Agency to inform participants of the availability of additional clinical assessments/screenings. Providers may also request additional screenings by the behavioral health team, or by the C omprehensive Health Assessment Team-Homeless (CHAT-H) Public Health Nurse team to screen for increased care supports and resources. Programs must allow the County to post notice in each facility informing participants of these available additional assessments.

2.3. Housing Plans
Shelter Providers must work with participants to create a housing plan within 30-days of admission to the shelter. Plans should focus on finding permanent housing for each participant and the staff and programs that will be supporting them in their goals. If a participant is unable or refuses to complete a housing plan, that must be documented.

Housing plans must identify the participant’s needs, goals, actions to be taken, and progress towards goals.

The housing plan must be focused on working with participan ts to have a positive shelter stay that is as Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 46 of 64 Page ID #:4242

short as possible. The h ousing plan must be updated as the participant’s needs and/or goals shift, and as progress is completed towards their goals.

Program staff must continue to engage participants who do no t progress towards their housing goals.

Engagement to participants not progressing must occur no less than once every two weeks, and must be documented.

2.4. Housing Focused Services
Shelter Providers are expected to engage participants in a wide range of service needs, including, but not limited to: employment/benefits, health, substance use, mental health, legal issues and transportation.

Program staff should regularly engage participants on how these various other service areas are in support of their overall housing goal and allow these providers to meet with participants on the shelter site. Housing must be the primary focus of shelter staff.

2.5. Services, Referrals and Linkages
Case Management services should be available as needed for participants. Although services are voluntary within shelter programs, it is the responsibility of program staff to actively engage participants for case management services no less than once per month.

The purpose of the shelter system is to provide stable setting and supports that assist participants toward a permanent housing outcome. The responsibility of engagement is held with the Shelter Provider, and progress towards service/housing plan goals must be evaluated individually based on a participant’s unique circumstances. Shelter Providers must operate in a participant- centered approach and work to engage participants that may be hesitant or resistant to actively participate in the services being offered.

If participants are not engaging in supportive services and are not able to express or demonstrate any progress towards service/housing goals, then shelter staff should engage with the p articipant in conversation around their needs and what changes could be reasonably made to assist the person with their needs. Engagement discussion should include all options that could benefit the participant including on-site services, alternative shelters or supportive services.

Programs must be able to meet a wide range of needs for participants and must maintain a network o f resources that they are able to refer and link participants to. Shelter operators must either provide the following services or have linkages to:
• Identification and vital document support
• Enrollment in to mainstream benefits (TANF, SSI/SSDI, health insurance, VA health care, etc.) • Health services (physical health, mental health and substance use) • Employment and vocational services
• Legal assistance
• Childcare
• Life skills and coaching
When a referral is made to an outside resource or service, program staff must provide a warm hand - off/connection and a follow-up inquiry to ensure the linkage has been made. If linkage is unsuccessful, staff must support in finding other possible resource options.

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 47 of 64 Page ID #:4243

2.6. Transportation
Shelter Provider must make reasonable efforts to address transportation needs for participants.

Transportation needs can be met through direct transport, public transportation fare or through supporting participants with learning how to use and access public transportation.

Programs should be assisting participants who are eligible to access reduced public transportation fare.

Transportation provided by shelter operators must be ADA compliant and have the ability to support participants with mobility devices without staff physically providing the transfer.

3. Staff Training
Shelter Providers must establish a policy and procedure for onboarding new staff, including documentation of all trainings, and ensure regular updates to the annualized training completed by staff.

Shelter Providers must complete mandatory staff trainings regarding safety, compliance and quality services provisions to best address the complex needs of the homeless populations served.

All shelter and/or specialized staff must receive training upon hire or upon request by the County, c ity and/or funder to ensure competency within the following core areas:

A. Program Operational Standards
B. Effective Communication
C. Evidence-Based Practices
D. Facility, Health and Safety Practices
E. Anti-discrimination, Equity Practices
F. ADA Compliance
Shelter Providers must ensure all new employees and/or specialized staff complete the following mandatory trainings:
• Mandated Child/Elder Abuse Reporting
• Privacy and Confidentiality
• Due Process/Grievance Process
• ADA Compliance/Reasonable Accommodation
• Emergency Evacuation/Incident Management
• First Aid/Universal Precautions/CPR
• Domestic Violence & Safety Planning
• Cultural Humility
• Harassment
• Equal Access and Gender Identity
• Mental Health First Aid
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• Trauma-Informed Care
• Harm Reduction
• Motivational Interviewing
• Problem Solving and Diversion Intervention
• Crisis Intervention and De-escalation Training
• Housing First Principles
Certificates and other documentation that verify training attendance must be maintained for each employee and documented in the contracted agency files.

Shelter Providers must be able to provide proof that appropriate staff have been trained in the legal requirements of being a mandated reporter, reporting any suspicion of abuse or neglect to relevant authorities as required by law.

4. Facility Standards

4.1. Facility Standards for Emergency Shelter
Structure and materials:
• The shelter building is structurally sound to protect the participants from the elements and not pose any threat to the health and safety of the participants. • Shelter Providers have site control demonstrated by either a fully executed lease, or proof of ownership.
• Shelter Provider can produce the most recent public health permit and fire department permit.

Interior air quality:
• Each room or space within the shelter has a natural or mechanical means of ventilation. The interior air is free of pollutants at a level that might threaten or harm the health of participants.

Water supply:
• The shelter's water supply is free of contamination and freely available for participants.

Thermal environment:
• The shelter has any necessary heating/cooling facilities in proper operating condition.

Illumination and electricity:
• The shelter has adequate natural or artificial illumination to permit normal indoor activities and support health and safety.
• There are sufficient electrical sources to permit the safe use of electrical appliances in the shelter.

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 49 of 64 Page ID #:4245

Sanitary facilities:
• Each participant in the shelter has access to sanitary facilities, including sinks, showers, and toilets and accompanying items that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste.
• Programs must establish a housekeeping and maintenance plan that ensures a safe, sanitary, clean and comfortable environment.
• All sites must have an inspection for rodents and insects by a certified pest control company, at least twice annually, and as needed. If an infestation is found, the Shelter Provider must fumigate and make appropriate reasonable accommodations for the participants. • The shelter provides trash receptacles throughout the facility and ensures trash is taken out of the facility at regular intervals.

Food preparation:
• Food preparation areas, if any, contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner.

Fire safety:
• There is at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors are located near sleeping areas.
• All public areas of the shelter have at least one working smoke detector. • The fire alarm system is designed for hearing-impaired participants. • There is a second means of exiting the building in the event of fire or other emergency. • All fire extinguishers must be fully charged and labeled. • Facilities must have an annual fire inspection conducted by the fire department. • Fire drills must be conducted annually.
• Shelter Providers must keep a log of all inspections, approvals and fire drills.

Emergency:
• Emergency numbers and evacuation routes must be posted in all common areas in the facility in case of an emergency.
• Emergency exits are clear and operating.

4.2. ADA Facility Standards
Shelter Providers must have operating facility standards and policies to ensure that facilities, inside and out, have been assessed for inaccessible facility-based areas and reasonable accommodations and physical modifications have been identified and developed to ensure participants with a disability have equal access and full inclusion of services.

Shelter Providers must work to ensure the following accessibility standards are met. The County recognizes that not all existing shelters can reasonably accommodate all disability -related needs, however, shelter operators will be required to identify those areas where there is not adequate access and develop reasonable accommodation and modification plans and policies . Individuals denied access to a shelter Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 50 of 64 Page ID #:4246

because of inaccessibility must be offered an indoor alternative within their service planning area.

Alternatives may include motel/hotel, other shelters, or higher level of care facilities.

Some participants may require reasonable accommodations or reasonable modifications to the premises in addition to required accessible features.
• Facilities must be accessible to participants with disabilities. • Facilities must not have areas, in or out of the property, with broken, raised, or u neven sidewalks or walkways, or stairs or steps with no identified accessible pathway to the entran ce and/or curb cuts.
• Entry into the facility must be accessible to participants with limited mobility, including participants who use wheelchairs, scooters, or manually -powered mobility aids such as walkers, crutches or canes.
• The exterior of the facility must be accessible for participants with disabilities when approaching, entering or inside the location.
• Shelter Provider must provide at least one restroom with at least one stall with a 5 -foot turning radius.
• All restrooms established under this section must have handles for an individual using a mobility device to move themselves without assistance.
• If parking is available at the facility, programs must provide at least one ADA accessible van parking space for every 25 non-accessible parking spaces. The accessible space must provide enough room for a van with a hydraulic lift to operate without any issue. • All fire alarm systems and fire extinguishers must be no more than 48 inches from the ground for easy access in case of an emergency.
• All programmatic areas must be accessible for an individual with a mobility device. • Shelter Provider must provide at least one shower accessible for those with a mobility device, regardless of gender.
• Shelter Provider sites must provide at least one accessible roll -in shower or at least two transfer ADA shower seats.
• Shelter Provider must provide accessible beds for persons with mobility disabilities designed for easy access to beds from common spaces and easy transfer from a mobility device. • If there are common/communal areas located at the facility, they must be accessible for all participants, including those with mobility devices.
• If there is a dining area located in the facility, it must be accessible for all participants, including those with mobility devices.
• Doors within the facility must be equipped with a handle which can be opened with a closed fist rather than a knob.
• Accessibility postings must be posted in plain sight in a common area of the facility. • Please use this link for further details on how to assess the site for ADA compliance:
https://www.adachecklist.org/doc/fullchecklist/ada-checklist.pdf.

4.3. Hygiene Products
Shelter Providers must provide participants access to sink s, showers toilets and accompanying items.

Shelter operator must ensure that hygiene and toiletry items are given to participants, or given upon request, and at a minimum:

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 51 of 64 Page ID #:4247

• Towels
• Soap
• Deodorant
• Toilet tissue
• Feminine hygiene products
• Disposable razors
• Toothpaste and toothbrush
Shelter Providers must ensure that all sheets, towels and blankets are laundered weekly or more frequently as needed.

If applicable, washers and dryers shall be provided free of charge to participants and include access to free detergent. If laundry equipment is not provided on -site, shelter operator must support participants with accessing laundromat services.

ADA requirements for showers and restrooms can be found in Section: IV b. ADA Facility Standards.

4.4. Hazardous Materials
Shelter Providers must have policies and procedures with regard to proper hazardous material clean -up and removal. Shelter Providers must ensure that staff have the proper biohazard equipment for cleaning and disposal.

Shelter Providers must provide accommodations to participants in the event hazardous material poses a health and safety risk to participants and staff.

Shelter Providers must maintain a documentation log for hazardous material circumstances.

Shelter Providers will make available Safety Data Sheets (SDS) which provide information on chemicals, describing the hazards the chemicals present.

5. Administration

5.1. Policies and Procedures
Executive and administrative staff are responsible for ensuring that a comprehensive set of policies and procedures are updated at minimum on an annual basis; however, policies and procedures must be updated any time there is a significant change within program operations. Program and procedural updates must be shared with the County Administrative Entity for review to ensure that required policy and procedure areas have been adequately covered.

Shelter Providers are required to have a process for how staf f are trained and access information withi n the policies and procedures.

5.2. Staffing
Shelter Providers must maintain a clear and comprehensive job description for all positions working within or supporting the emergency shelter.

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 52 of 64 Page ID #:4248

Shelter Providers must maintain an organizational chart which identifies positions attached to the emergency shelter and a supporting documentation to show where each position is being funded from.

Program staff must have a way of being identifiable to program participants. Thi s can be done through uniform attire or identification badges. Programs that operate confidential locations serving participants fleeing domestic violence will be exempted from this requirement.

Programs must have a conflict of interest policy and make staffing adjustments as necessary to minimize the potential of circumstances that create a conflict of interest , including personal and familial relationships. Conflict of Interest policies must have expectations for reporting and ways in which staff can alert program management of potential conflicts, and how program management will monitor and assess the conflict.

5.3. HMIS Participation and Documentation
Shelter Providers must actively document within the HMIS and do so within accor dance with the HMIS Policies and Procedures. Programs are required to document enrollments and exits in HMIS within a 24 - hour period for the purpose of live bed management.

Shelter Providers must maintain participant records that include documentation of all participant intake paperwork, assessments, housing plans, referrals, interventions, placements or follow-up activities.

5.4. Document Storage and Retention
Files containing participant information shall be stored in a locked and safe location that mai ntains participant confidentiality. Only authorized personnel can access the location where files are being kept.

Shelter Providers are required to have policies and procedures that detail the length of time and manner in which participant documents are retained.

Shelter Provider must have policies and procedures that detail how release of information requests are processed for participant information.

5.5. Quality Assurance
Shelter Providers must have a quality assurance plan that assures adherence to the overall program policies and procedures. The quality assurance plan must outline a process for the integration of participant feedback on program operations and to any revisions to policies and procedures.

5.6. Program Monitoring
Shelter Providers can expect the County to monitor their program annually to ensure adherence to the Standards of Care outlined in this document. Any findings identified by the County during program monitoring must be quickly resolved.

5.7. Reporting
Programs are required to be timely on any required reporting, including but not limited to: program outcomes, program invoicing, incident reports and key staffing changes. If a program is not able to meet Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 53 of 64 Page ID #:4249

the deadline for a required report, the program administration must provide notice and an estimated time frame of when they will be able to submit reporting.

5.8. Waivers
Programs must follow all requirements within the Standards of Care, as well as those identified within their direct contract. If for any reason a program is unable to meet a standard of care, they may request a waiver.

Waiver requests will consider the impact for participants receiving services and what reasonable program adjustments can be made to minimize that impact on program participants.

The County will work with programs to find ways in which to meet the Standards of Care or when not possible to find solutions that have minimal impact for participants. The County will provide written documentation on all waiver approvals and denials along with reasoning.

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6. Attachments

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 55 of 64 Page ID #:4251
Attachment 1
Critical Incident Report
County of Orange
Health Care Agency Office of Care Coordination

Today’s
Date:

Date & Time
of Incident:

Date of
Notification of
the Incident (if
different from
incident date):

Date
Incident
Report
Submitted:

Was This Incident Reported Within 24 Hours of the Date of Incident (Required): □ Yes □ No If no, please explain circumstances:
_________________________________________________________ _________________________________________________________

Provider: Staff Name:

Staff Telephone Number: Staff Email Address:

Program Manager: Program Manager Phone Number:

Address Where Incident Occurred:

Person to Contact Regarding the Incident:

Name: __________________________________________________________ Title: ___________________________________________________________ Name of people involved in incident. (For program participant(s) use HMIS unique identifier and initials.) ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________

Type of Incident (incidents occurring on premises) – Check all that apply: *Requires additional and immediate telephone notification to County □ Medical
Emergency
Requiring
Immediate
Medical
Attention
(EMT, ED and/or
911 Contacted)

Sexual Misconduct /
Harassment /
Inappropriate Touching
(Including Allegations):
□ Client-to-Client
□ Staff / Provider-to-
Client

Reportable
Abuse
(Including
Allegations):
□ APS
Contacted
□ CPS
Contacted

Violence:
□ Destruction of Property
□ Physical Altercation
Involving
Another Client
□ Physical Altercation
Involving
Staff
□ Acts or Threats of Violence

Evacuation:
□ Planned Evacuation
□ *Facility-Related /
Evacuation (i.e.
water or electricity
outages,
etc.)
□ *Weather-Related
Evacuation (flood,
wildfire, etc.)
Death:
□ *Death on
premises
□ Death
reported
past
discharge

Description of Incident (facts, timelines, outcome) – List any necessary notifications made:

Did debriefing occur with shelter staff involved in the incident? □ Yes □ No Brief description:

PLEASE TURN OVER AND COMPLETE PAGE 2 OF THE CRITICAL INCIDENT REPORT Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 56 of 64 Page ID #:4252
Critical Incident Report
County of Orange
Health Care Agency Office of Care Coordination

Are there any operational changes or managerial actions that may be considered to lessen the impact or likelihood of similar incidents occurring in the future? □ Yes □ No
If yes, provide a description of the action

Name / Title of Reporting Staff (Printed):

Staff Signature: Date:

Administrative Use Only
Internal Log # _____________________

Has this Participant been involved in other
incidents?
□ Yes □ No
If yes, please write additional Internal Log #’s involving this Participant below:

Incident Reviewed By:

Date:

Additional Notifications Needed:
□ Department Head □ CEO’s Office □ Other: _____________________________ Outcome determined. □ Incident logged, no action required □ Incident logged, remedial action required Detail outcome conversation with Shelter Operator below:

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 57 of 64 Page ID #:4253
Attachment 2
Shelter Grievance Form

PROVIDER NAME
County of Orange, Office of Care Coordination

SHELTER NAME seeks to support participant grievances in a fair, transparent and efficient manner. Please complete the information below to the best of your ability and submit it to the shelter’s designated grievance staff. You may submit the completed form by email or in-person at the addresses listed below, • Email:
• Address:

You will be contacted by Shelter name/position within three (3) business days to work towards a resolution of your grievance.

If you need support with completing this paperwork due to a disability or language barrier, please contact the shelter Americans with Disabilities Act (ADA) coordinator: _______________________________ _______________________________________________________________________________________

Full Name (Please Print): ___________________________________________ Date: ________________

Phone: ____________________________________ Email: _______________________________________

Other means of contact:
_________________________________________________________________________

I have a need for language translation or interpretation services?  Yes  No

Date of the grievance incident: _______________
Type of Grievance. Please check all that apply:
 Facility
 Program Services
 Shelter Staff
 Other Participants
 Reasonable Accommodations (Disability Related Need)  Program Exit/Termination
 Other: _________________________________________________________________

This is the first time I am submitting a grievance for this concern:  Yes  No I am submitting this as an appeal to the result of a previous grievance:  Yes  No (Please note, an appeal may not be considered if filed more than 30 days past the determination date of the grievance result you are appealing. Circumstances may allow for appeal to the County of Orange past the 30 days.) Identifying information
Grievance Information
Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 58 of 64 Page ID #:4254
Shelter Grievance Form

PROVIDER NAME
County of Orange/Office of Care Coordination

Grievance Description
Grievance Description
Briefly describe your grievance. Please Include a description of what occurred, who was involved and additional information relevant to the grievance. (Please include additional sheets if needed.)

Desired Outcome
State what you would like to see happen with regard to this grievance.

Participant’s Signature: ____________________________________________________ Date: _________________ Administrative Use Only Internal Log # _____________________

Date Received by Staff: _______________________________________________________________

Staff Name and Position: ______________________________________________________________

Grievance Type: ☐ Grievance ☐ Appeal
Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 59 of 64 Page ID #:4255
Attachment 3
County of Orange
Health Care Agency, Office of Care Coordination
Shelter Grievance Process

The Shelter Grievance Process document is intended to provide Shelter Participants information on their grievance rights and an overview of the process. The County of Orange (County) appreciates feedback and takes grievances seriously. The County will work to resolve Participant grievances in a transparent and efficient manner.

If you as a Shelter Participant are unsure of how to access the shelter grievance process within the shelter you are staying, you can reference the information provided during the intake process, ask a shelter staff member, or review grievance information posted in the common areas of the shelter. If at any time during the process you experience difficulty with the shelter grievance process, please reference the Contact Information in Step 3 (below) to contact the County directly via telephone, email and/or mail.

Participants that have a grievance with a shelter must first start by filing their grievance direclty with the shelter operator and complete the shelter’s grievance process .

The Shelter Operator has three (3) business days to contact the participant after submitting their grievance and (ten) 10 business days to supply a written response to the grievance.

Participants that have completed the shelter’s grievance process and received a written response, but still have concerns with the shelter’s response, have a right to request an appeal of that decision , and request a secondary review of the grievance from the Shelter Operator’s leadership.

Leadership responsible for the appeal process have three (3) business days to contact the participant after submitting their grievance appeal, and (ten) 10 business days to provide the participant a written decision for the appeal.

Participants have a right to contact the County for an additional appeal process , once participants have completed the shelter provider’s grievance AND appeal process.

The County’s grievance appeal process is designed to review the shelter’s grievance and appeal process as well as review the Shelter Operator’s written responses, and ensure that the Shelter Operator is adhering to their grievance policies, as well as their operations are in compliance with the County Standards of Care.

In order to begin this process please contact the County:

By Telephone: By Email: By mail:

Grievance Specialist [email protected] Orange County Health Care Agency
Office of Care Coordination
405 W. 5th Street, Suite 658
Santa Ana, CA, 92701

STEP 1: Shelter Grievance Process

STEP 2: Shelter Appeal Process

STEP 3: County of Orange Grievance Appeal Process

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 60 of 64 Page ID #:4256
Attachment 4
County of Orange
Health Care Agency
Office of Care Coordination Grievance Appeal Form

The County of Orange (County) is committed to supporting resolutions for participants that have grievances with County-funded shelter operators. The Grievance Appeal Form is designed for Participants that are looking to appeal a shelter operator’s grievance and/or appeals determination and requesting the County’s review to assess:

1. Shelter operator’s receipt and process of your grievance was done in compliance with stated program policies and procedures.

2. The written decision by the shelter operator is not in conflict with the established County Standards of Care requirements or any other contractual requirement.

The County will contact participants within three (3) business days of receiving the completed Grievance Appeal Form.

Complete the following information to the best of your ability. Please print.

Full Name (First and Last Name): _______________________________________________ Date: ________________

Phone: ___________________________________ Email: _______________________________________________

Other means of contact: ____________________________________________________________________________

Name of the Shelter Operator or Shelter Program:
_______________________________________________________________________________________________

Have you completed the shelter operator’s grievance process (please mark box)?  Yes  No Comments (if needed):_______________________________________________________________

Have you completed the shelter operator’s appeal process (please mark box)?  Yes  No Comments (if needed):_______________________________________________________________

Appeal Description
Please briefly explain what concerns you have with the shelter operator’s grievance and appeal decision. If you need additional space, please utilize the back of the paper or attach additional pages.

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 61 of 64 Page ID #:4257
County of Orange
Health Care Agency
Office of Care Coordination Grievance Appeal Form

Desired Outcome
State what you would like to see happen with regard to this appeal.

Additional Space

Participant’s Signature: _______________________________________________ Date: __________________________

Please submit a completed form by email or mail at the addresses below:

Email: [email protected]

Mailing Address: Orange County Health Care Agency
Office of Care Coordination
405 W. 5th Street, Suite 658 Santa Ana, CA, 92701

Administrative Use Only Internal Log # _____________________

Name of staff reviewing appeal: _________________________________ Staff position: ____________________________________________

Date staff received form: _______________________________________

Actions:

☐ Referred participant back to shelter provider. Reason: __________________________________________________ ☐ Grievance appeal review. Due date: _________________________________________________

Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 62 of 64 Page ID #:4258

ATTACHMENT
B

ATTACHMENT
B
Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 63 of 64 Page ID #:4259
Case 8:18-cv-00155

mun
i
cation
,
May
2017
Case 8:18-cv-00155-DOC-JDE Document 376 Filed 08/28/20 Page 64 of 64 Page ID #:4260

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

38 EXHIBIT B – CITY OF PLACENTIA SAMPLE

PROFESSIONAL SERVICES AGREEMENT

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________________

THIS AGREEMENT is made and entered into this __ day of _____, 2024 (“Effective Date”), by and between the CITY OF PLACENTIA, a municipal corporation (“City”), and ___________, a [state] [type of corporation] (“Contractor”).

W I T N E S S E T H:

A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor for the operation and management of the Navigation Center at 731 S. Melrose Street, Placentia, CA, as more fully described herein; and

B. WHEREAS, a Navigation Center is defined as Transitional, emergency homeless facility with in-house services to develop pathways toward permanent housing, income, healthcare, and stability;

C. WHEREAS, Contractor was selected by the City following a competitive “request for proposal” process, during which Contractor demonstrated, and Contractor hereby represents, that it is fully qualified to perform services and activities as set forth in the Scope of Services attached hereto as Exhibit “A”; and

D. WHEREAS, the expectation is that compliant persons experiencing homelessness will remain in the emergency shelter program until they are able to identify appropriate permanent housing or additional services needed, and

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

39 E. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

F. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and

G. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services . Contractor shall provide the professional services described in the Contractor’s Proposal (“Proposal”), attached hereto as Exhibit “A” and incorporated herein by this reference to include the services set forth as Option 1 and Option 2, and in full comp liance with the Management, Operations, and Public Safety Plan attached hereto as Exhibit “B” and incorporated herein by this reference, unless such compliance is waived in writing by the City Project Manager.

1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor’s performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

40 discretion has the right to:

(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;

(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensatio n insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employ ment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for empl oyment, a notice setting forth provisions of this non - discrimination clause.

Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Contractor shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to su bcontracts for standard commercial supplies or raw materials.

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41 1.6. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.

Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Contractor may engage during the term of this Agreement.

1.8. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “A”. Contractor’s total compensation shall not exceed _______ Dollars ($ _____), unless authorized herein. The contractor may request to increase its fee prior to the sta rt of the second year of the agreement term and each year thereafter. Any fee increase shall be limited by the increase in the Consumer Price Index over the prior 12 months, i.e., January to January, for the Los Angeles -Long Beach-Anaheim Region for All Urban Consumers, not to exceed 3%.

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described “Scope of Services”, an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services.

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42 2.3. Method of Billing; Payment Requirements. If funding levels are significantly affected by Federal or California budgets and funds are not allocated and available to City for the continuance of the Services performed by Contractor, the Contract may be terminated by the City at the end of the period for which funds are available. The City shall notify Contractor at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the City in the event this provision is exercised and the City shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the City to expend of as involving the City in any Contract or other obligation for future payment of money in excess of appropriations authorized by law.

(a) Contract Amount: It is expressly agreed and understood that the total amount to be paid by City under this contract shall not exceed the total City funding as set forth in section

2.1 above.

(b) City will reclaim any unused balance of funds for reallocation to other City approved and lawful purposes.

(c) Payment of Project Activities:

1. Payment of Project Activities: City will reimburse Contractor for eligible project - related costs only. Contractor shall submit requests for reimbursement to City on a monthly basis beginning the first day of the first full calendar month following the Effective Date, and must provide adequate documentation as required by City. In addition, Contractor will provide a monthly performance report by the 20 th of the month for the preceding month of services, as prescribed by City. Failure to provide any of the required documentation and reporting will cause City to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Contractor, until such documentation and reporting has been received and approved by City.

2. If Contractor has no request for reimbursement during any quarter during the term of this Contract, a monthly performance report, including an explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement.

3. Contractor will have forty-five (45) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period. After the forty -five (45) day period for submitting invoices has

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43 expired, City shall reallocate the remaining balance under this Contract for other program purposes and Contractor shall be ineligible for any further reimbursement.

(d) Funds shall not be disbursed for any costs incurred prior to the certification by the City of Certificate(s) of Insurance as further defined in the “Insurance Requirements” of this Contract.

(e) Eligible costs related to services provided by Contractor must be incurred during the term of this Contract. The Project shall be completed and all funds provided through this Contract shall be expended on eligible Project activities through and including the term hereof.

(f) Advances: Notwithstanding the foregoing, upon written request and justification of an immediate need based upon cash forecasting from Contractor, and subject to the City’s actual receipt of applicable Federal, State, or local grant filming or contributions, City may advance to Contractor a portion of City’s maximum obligation hereunder. Project Manager shall reduce the amount of monthly payments in the third, fourth, and fifth months by an equal amount of any advance payment, under the provisions above, to recover any outstanding advance or part thereof. Such recovery may not exceed the total of all outstanding advances. No monthly payment shall be made to Contractor which would result in less money remaining unpaid to Contractor than the total of advance s made to Contractor.

2.4. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a mi nimum of five (5) years after final payment.

Contractor agrees to permit the City’s Director of Finance, or their authorized representative (including auditors from a private auditing firm hired by the City, or a designated representative from the N-SPA, as described further below) access during no rmal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The City will provide reasonable notice of such an audit or inspection.

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44 The City reserves the right to audit and verify the Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law.

Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the City to audit records and interview staff of any subcontractor related to performance of this Contract.

Should the Contractor cease to exist as a legal entity, the Contractor’s records pertaining to this Contract shall be forwarded to the City’s Project Manager.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement.

Said services shall be performed in strict compliance with the terms of this Agreement, the Management, Operations, and Public Safety Plan attached as Exhibit “B”, and the Project Schedule approved by City as set forth in Exhibit “A”.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.

3.3. Execution of Agreement. After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the Contractor mails, or by other means delivers said documents to the City:

• One (1) original of the Agreement in the form included herein, properly executed by the Contractor.
• Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the Agreement.
• Confirmation of current City of Placentia business license.

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45 In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City is closed, the Contract Documents shall be delivered by the following working day. No Agreement shall be binding upon the City until all documents are fully executed by the Contractor and the City.

4.0. TERM AND TERMINATION

1) 4.1. The initial term of the Agreement shall be for three (3) years from the date that the Agreement is fully executed. The applicable host City, in its sole discretion, shall havean option to extend the term of its applicable agreement for two (2) additional one -year extension terms, based upon the acceptable performance by the Contractor, acceptable fees, and subject to the same terms and conditions of the Agreement. The contractor may request to increase its fee prior to the start of the second year of the agreement term, and each year thereafter. Any fee increase shall be limited by the increase in the Consumer Price Index over the prior 12 months, i.e., January to January, for the Los Angeles-Long Beach-Anaheim Region for All Urban Consumers, not to exceed 3% per year.

4.2. Option to Extend Term in City’s Sole Discretion . The City shall have the sole right and discretion to exercise the option for extension(s) of the agreement terms. Six (6) months prior to the termination date of the executed agreement, the parties will meet and confer to evaluate whether or not an extension is mutually acceptable. The City and Contractor must mutually agree to the terms and conditions of the extension.

4.3. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. I n the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any othe r remedy to which it may be entitled at law, in equity or under this Agreement.

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46 The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:

a. Be adjudged a bankrupt;

b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;

c. Make a general assignment for the benefit of creditors;

d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;

e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or

f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.4. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professiona l services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the servic es contemplated herein whether delivered to the City or in the possession of the Contractor. City shall not be liable for any claim of lost profits.

4.5. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor.

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47 4.6. Contract Disputes.

(a) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City’s Project Manager, such matter shall be brought to the attention of the Contract Administrator by way of the following process:

i. The Contractor shall submit to the agency/department assigned Contract Administrator a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the City, on its own initiative, has already rendered such a final decision.

ii. The Contactor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that t he amount requested accurately reflects the Contract adjustment or which the Contractor believes the City is liable.

(b) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provisions of services. The Contra ctor’s failure to diligently proceed shall be considered a material breach of this Contract.

(c) Any final decision of the City shall be expressly identified as such, shall be in writing, and shall be signed by the Director. If the City fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final deci sion adverse to the Contractor’s contentions. Nothing in this Section shall be construed as affecting the City’s right to terminate the Contract for cause or termination for convenience as stated in this Section 4.0 herein.

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48 5.0. INSURANCE

5.1. Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit “C” attached hereto a nd incorporated herein by this reference.

Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Contractor under this Agreement are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.

5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit “C” and are incorporated herein by this reference.

5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

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49 6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Contractor without the express written approval by the City. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

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50 IF TO CONTRACTOR: IF TO CITY:

_________________
_________________
_________________
City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Tel: _________________ Tel: _________________
Fax: _________________ Fax: _________________
Attn: _________________ Attn: _________________

6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

Contractor agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Contractor agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Contractor’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; and

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51 their respective officers, officials, employees, agents, and volunteers arising out of or in any way connected with the performance of the Contractor, its officers, employees, agents, volunteers and/or authorized subcontractors’ for work undertaken pursuan t to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Contractor, its employees, agents, volunteers and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Contractor, its officers, employees, agents, volunteers and/or aut horized subcontractors under this Agreement, whether or not the Contractor, its officers, employees, agents, volunteers and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Contractor, its officers, employees, agents, volunteers and/or its subcontractors. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, agents, volunteers or its subcontractors, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or officers, employees, agents, volunteers or its subcontractors are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, employees, agents, volunteers or its subcontractors, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.

Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification . In the event that Contractor or any of its officers, employees, agents, volunteers or subcontractors of Contractor providing services under this Agreement claim or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its officers, employees, agents, volunteers or

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52 subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its officers, employees, agents, volunteers and subcontractors providing service under this Agreement shall not qualify f or or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents . All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Contractor or any of its subcontractors in the course of perf ormance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Contractor informs City of such trade

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53 secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Contingency of Funds. Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon receipt of funds from, and/or obligation of funds by Federal, State of California, County of Orange, and/or other local governments, as well as the inclusion of sufficient funding for the Services hereunder in the City’s annual budget approved by the City Council for each fiscal year covered by this Contract. If such approval, funding, or appropriations are delayed, not forthcoming, or are otherwise limited, City may delay the payment of Compensation (as defined below) to the Contractor, or otherwise immediately terminate or modify this Contract without penalty or any liability to Contractor whatsoever. City shall endeavor to provide reasonable advance notice to Contractor of anticipated funding shortfalls, but the failure of the City to provide such notice shall not operate to waive the City’s rights under this Section.

6.15. Expenditure Limit. The Contractor shall notify the City of Placentia assigned Contract Administrator in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The City will not be responsible for any expenditure overruns and will not pay for Services exceeding the dollar limit on the Contract unless written and approved change order to cover those costs has been issued, and, if necessary, approval by the City Council.

6.16. Compliance with Grant Requirements. The Contractor acknowledges that among the sources of the compensation paid by City under this Contract are grant funds received from the State of California’s Homeless Emergency Aid Program (“HEAP”), and that the City’s use of such grant funds is subject to that certain “Agreement Between the City of Placentia and the County of Orange for the Capital Improvement of a Homeless Shelter,” dated April 16, 2019, as well as the “Standard Agreement” that is set forth in Exhibits “A” through “D” to the HEAP Agreement (cumulatively the “HEAP Agreement”). The HEAP Agreement is set forth as Exhibit “D” to this Contract, and as required by the terms thereof, Contractor hereby agrees to abide by the terms and conditions set forth in such HEAP Agreement, and the same is incorporated fully herein by this reference, and to otherwise provide reasonable support to the City in connection with demonstrating its compliance with the HEAP Agreement. In the event of a conflict between the terms and conditions of this Agreement, and those of the HEAP Agreement, the latter shall govern.

6.17. N-SPA Memorandum of Understanding. The Contractor acknowledges that the Center is being developed and operated in corroboration with other local governments located within the North Service Planning Area of Orange County, and the Center will serve residents of such jurisdictions, which jurisdictions in turn will be contributing funds towards the costs of construction and operation of

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54 the Center. Such local governments have entered into that certain “Memorandum of Understanding for the North Orange County Service Planning Area,” as the same is attached as Exhibit “E” hereto (“N- SPA MOU”), which memorializes their respective rights and obligations with respect to the Center.

Contractor hereby agrees to abide by the applicable terms and conditions set forth in such N-SPA MOU, and the same is incorporated fully herein by this reference, and to otherwise provide reasonable support to the parties to the N-SPA MOU in furtherance of the purposes of the same.

6.18. Safety Requirements. All work performed under this Contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. The Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations and provide a hazard assessment upon request. The Contractor shall immediately report to the City any hazardous condition noted by the Contractor.

6.19. Emergency/Declared Disaster Requirements. In the event of an emergency or if City is declared a disaster area by the City, State, or Federal government, this Contract may be subjected to unusual usage. The Contractor shall service the City during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving the City’s needs regardless of the circumstances. If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number.

6.20. Conflict of Interest. Contractor and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates, and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning,

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

55 discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this Agreement.

6.21. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates, and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.22. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.23. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the Management, Operations, and Public Safety Plan attached as Exhibit “B”, the City’s Request for Proposals, the Contractor’s Proposal.

6.24. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.25. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.26. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

56 description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.27. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.28. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.29. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.30. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.32. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

57 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation

__________________________________ Date: __________________________ _______, Mayor

ATTEST:

________________________________
City Clerk and ex-officio Clerk
of the City of Placentia

CONTRACTOR:

__________________________________ Date: __________________________ Signature

__________________________________
Name and Title

__________________________________
Social Security or Taxpayer ID Number

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

58 APPROVED AS TO FORM:

__________________________________ Date: ________________________ Christian L. Bettenhausen, City Attorney

APPROVED AS TO INSURANCE:

____________________________________ Date: ________________________ Krystle Murillo, Risk Manager

APPROVED AS TO CONTENT:

____________________________________ Date: ________________________ _______, Project Manager

DEPARTMENTAL APPROVAL:

____________________________________ Date: ________________________ Name, Title

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

59 EXHIBIT C – PLACENTIA MANAGEMENT

AND OPERATIONS PLAN (MOPS)

Updated 1.18.2024 – M.V.

City of Placentia Navigation Center
Management, Operations and Public Safety Plan

Exhibit C

SECTION I. SHELTER ADMINISTRATION

A. Program Description

1. Population Served

Navigation Center and Services

The Navigation Center will serve 100 shelter clients while providing access to a range of programs and supportive services. To ensure that the shelter will meet the needs of the community in serving chronic and vulnerable homeless peo ple, clients will be admitted with minimal, "low -threshold" requirements so that chronic and vulnerable homeless people can easily enter and remain in shelter until they can find permanent housing.

Those accessing the Navigation Center will include homeless single men, single women, and families.

Each client will be screened for sex offender and active felony warrant status before admission (screening will take place prior to the arrival at the facility as part of the bed reservation system), as detailed in the "Admission Criteria and Procedures."

2. Program Description

The Navigation Center is designed to provide safe shelter, basic needs, and access to support to help move individuals and families out of homelessness and into permanent housing opportunities.

Access to safe shelter

The Navigation Center will accommodate overnight sleeping for 100 individuals per evening. Access to the Navigation Center is provided 24 hours a day, seven days/week, 365 days a year. In order to decrease the impact to the surrounding neighborhood, access to bed availability will be handled through a reservation system. No walk-ins for the Navigation Center or services will be permitted.

PROVIDER will provide on -site staff to track daily bed inventory and communicate daily bed vacancies with service Providers. Additionally, a percentage {5% -10%) of beds will be held each night, with a portion specifically for the host city, to prioritize referrals from local police and/or for emergency or special situations.

Length of Stay

There is no set minimum and the maximum length of stay will be consistent with the City Policy.

Each client will have an Employment and Housing Navigator supporting their progress toward Housing Stabilization. The program is designed to provide this suppor t until a housing option becomes available. However, at any time a client may be exited from the shelter for safety or continual shelter violations as outlined in the "Exit and Readmission Policies". Additionally, if a client’s stay exceeds 30 days, an exit plan strategy may be implemented. Consistent with national best practices and trends, the goal for length of stay should be 30 days or less . PROVIDER will maintain a report to account for clients with lengths of stay exceeding 30 days and reasons why with accountability to Advisory Boards.

Exhibit C

Sleeping Areas

Beds will consist of single beds. Each client will be assigned a bed and bedding for the length of their stay.

Space will be divided to allow for separate sleeping areas for both men, women and families.

Flexible sleeping space will also be provided for transgendered populations, those dealing with illness, families or for other special needs populations. Flexible bed space must not exceed building capacity.

The expectation is that beds will be made every day, and clients need to work towards that objective.

The sleeping areas may not be modified in any permanent way . No painting, hanging or additions of wallpaper is allowed. Clients may hang up to two items with command hooks . No nails or holes may be drilled in the tile walls or drywalls.

Breakfast, lunch, dinner and snacks will be provided for all clients in a central dining area.

PROVIDER will work with the community to attempt to secure donated Breakfast, Lunch and Snack Items. Hot Meals will be purchased and delivered to the site. These meals will be served to clients of the shelter by both paid staff and volunteers.

Prior to serving, v olunteers will receive sufficient training for the work assigned, will follow all applicable hygiene and safety rules, and a qualified employee will be assigned to oversee their work.

Hygiene Facilities

Hygiene facilities will be provided on-site including toilets, showers and laundry facilities. Clients will be encouraged to utilize these facilities as daily resources to them. Toiletries will be provided by PROVIDER to clients as needed.

Transportation

No walk -ups will receive shelter access. New clients and returning clients will receive direct transportation to and from the shelter daily. Dates and times for daily pick -ups are outlined in the "Transportation Policies. " It is recommended that there be up to three (3) designated locations that provide ample geographic range for those seeking shelter services in North Orange County as well as take into consideration community impact and safety considerations. Locations will be selected by the host city/po lice department and/or in collaboration with neighboring police departments.

PROVIDER will not drop-off/pick-up other than at agreed upon locations.

Security

PROVIDER will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escal ate. The security plan will include a multi -faceted approach involving screening for sex offenders and felons with open warrants, secured entrances, random security searches upon entrance, confiscation of harmful contraband, trained security person nel providing around -the-clock indoor and outdoor coverage, security cameras and lighting. Other program elements that will support security efforts include no walk ups and no loitering policies.

Exhibit C

Storage

All clients will have access to personal storage space. Each client bed will have a small storage locker or bin for personal valuables. A limited number of outdoor storage bins will be available to clients through a reservation process. Additionally, a ref rigerated storage area will be available to clients with medication needs.

Employment and Housing Navigation Services

Upon entering the shelter, each client will be assigned to an Employment and Housing Navigator.

The primary function of the Employment and Housing Navigator is to work side -by-side with the client to create a pathway toward permanent housing opportunities, with the ultimate goal of ending their homelessness within a 30-day timeframe. Additionally, the Employment and Housing Navigator is to provide resources and support to the client during their stay. The Employment and Housing Navigator will ensure that all clients are entered into the Coordinated Entry System, as the first line of housing engagement.

Together the Employment and Housing Navigator and the client will complete a Housing Plan, which will guide their efforts toward securing permanent housing opportunities. Meeting weekly, the Employment and Housing Navigator will document the client's progr ess towards actions outlined in the Housing Plan.

Daytime Program Activities

As a 24 -hour Year-Round Emergency Shelter Program, staff will encourage all clients to stay on - site during the day and to take advantage of the on-site services provided to them during the daytime.

Daytime program activities include but are not limited to, the following:

• Access to day-time service Providers
• Life skills classes and workshops
• Indoor and outdoor recreational activities

3. Services Provided

The Navigation Center should incorporate an extended combination of basic needs services, as well as supportive services aimed at creating pathways into housing.

The Navigation Center should include at a minimum the following baseline services (in ranked priority):

SERVICE PROVIDED BY
1 Intake/Assessment/Case Management/Housing Navigation PROVIDER 2 Crisis Evaluation Mental Health in collaboration
w/HCABHS
3 On Site Centralized Intake PROVIDER
4 Beds on Site PROVIDER
5 Transportation Services and Assistance PROVIDER in collaboration with transportation vendor
6 Security PROVIDER in collaboration with
3rd party security vendor
Exhibit C

7 Meals/Food PROVIDER in collaboration with
food preparation vendor
8 Parking PROVIDER
9 Homeless Prevention/Diversion Assistance Service Partner 10 Drug and Alcohol Treatment Referrals Service Partner 11 Commissary/Dining Hall PROVIDER
12 211 {off site) Service Partner
13 Employment/Job placement Referrals Service Partner
14 Laundry PROVIDER
15 Storage {on/off) PROVIDER
16 Resource Information and Referral services {on/off site) PROVIDER in collaboration with Service Partners

4. Coordinated Entry System Integration

The Navigation Center will serve as a designated "Entry Point" of the Coordinated Entry System.

PROVIDER will include in its staffing plan designated staff to conduct Diversion screening and prevent those with other resources from entering the homeless shelter system.

Additional staff will be trained to complete on -site VI -SPDAT assessments. Employment and Housing Navigators will also assist Navigation Center clients obtain the necessary documentation to move forward in their housing connection process, once matched to permanent housing opportunities by the Coordinated Entry Module.

5. Target Goals/Expected Outcomes

The target goals and expected outcomes for the Navigation Center will adhere to guidelines and expectations set forth by the U.S. Department of Housing and Urban Development's HEARTH Act as well as the Orange County Ten Year Plan to End Homelessness.

The Navigation Center should not be regarded as a singular program but should provide support to the entire Orange County Continuum of Care (CoC) helping to move the system towards higher a level of system performance, a reduction in the number of persons who experience homelessness in our community and an increase in access to housing opportunities for chronically homeless individuals utilizing Year Round Emergency Shelter Program services.

Indicators for measuring effective system performance should include the following key considerations:

a. Reduction in First Time Homeless –

Are fewer people experiencing homelessness for the first -time? Are only persons who have no safe, appropriate housing option being admitted to shelter?

b. Overall Reduction in Number of Persons Who Experience Homelessness -

Are overall rates of homelessness declining? Is street homelessness declining? Is chronic homelessness declining?

c. Reduction in the Length of Time Homeless -

Exhibit C

Do people stay homeless for shorter periods of time? A reasonably short length of time being homeless indicates system and program success in rapidly re -housing persons who are homeless. It can also indicate efficiency related to turnover of beds which is essential to meet system demand for a Year-Round Emergency Shelter Program.

d. Successful Resolution of Housing/Homeless Crisis -

Do people resolve their housing/homeless crisis successfully by maintaining/obtaining permanent housing? Are people successfully connected to community-based supports?

e. Reduction in Recidivism (subsequent return to homelessness) . Are repeat occurrences of homelessness avoided or declining?

PROVIDER will work in cooperation with the Orange County Commission to End Homelessness and the Emergency/Transitional Shelter Implementation Group to set community benchmarks and multi­ year goals to measure successful program implementation for the Year-Round Shelter.

B. Admission Criteria and Procedures

1. Client Rules and Guidelines

A prospective client must be willing to participate in all aspects of their care, follow Year-Round Emergency Shelter rules, and maintain appropriate behavior with consideration for other clients of the shelter. All clients must review and sign a copy of the "Shelter Rules" document prior to entry.

Intake staff will assist any clients who may have difficulty u nderstanding or reviewing the rules.

During the intake proc ess staff will provide the client with information about program operations including: meal times, curfew, services they can expect to receive onsite , transportation opportunities and shuttle schedule, staffing structure and grievance process, and the guidelines and rules for maintaining a safe community environment. Staff will also explain, give all clients a copy of, and otherwise enforce, the Client Rights and Responsibilities policy, so that clients may understand what they can expect from the program and what the program expects of them during their stay.

2. Identification Requirements

A form of official identification is required to verify identity; however, a client will not be denied access to shelter services without one. Employment and Housing Navigators will assist clients in obtaining a California ID, providing each client with a no-cost ID voucher.

Shelter ID components include a photograph, name and other identifying information. All clients will have this information entered into HMIS (Homeless Management Information System).

3. Screening Requirements

No person validated on the sex offender registry (Megan's Law) will be allowed to access the shelter property (screening will take place prior to the arrival at the facility as part of the bed reservation system). Additionally, no felons with open warrants will be allowed to access the shelter property.

PROVIDER will work cooperatively with the local police department and will utilize http://ws.ocsd.org/ Arrest Warrants to screen clients for open warrants.

4. Bed Reservation System

The City of Placentia Navigation Center , operated by PROVIDER, provides emergency beds for Exhibit C

literally homeless men and women with priority for those living in the City of Placentia and the North Orange County area. All reservations are secured through the Outreach Grid App which PROVIDERS will be responsible for updating when there is a bed available. Once a referral is received and pre -screened, clients are given a time and directions to one of several pick -up locations. A shuttle will pick them up and transport them to the shelter.

PROVIDER is required to manage and update daily, the Outreach Grid app for capturing bed inventory, reservations and vacancies. 5-10% of shelter beds will be held each night to allow for referrals from local police department and other emergency and/or qualified situations.

Based on space availability, bed vacancies may be disseminated to Coordinated Entry or other referral partners.

5. New Clients

New clients will be screened using the phone intake system and provided a reservation number, shuttle pick up time and location.

Beds will be assigned based on availability and eligibility results. As instructed, new clients should arrive at the designated shuttle pick up location, or at the shelter through their own transportation .

Those who do not arrive at the designated time without communicating previous arrangements will forfeit their bed for the night.

Those who did not receive a bed during 1st bed assignments may be referred by a local agency to meet the 2nd shuttle at the designated location and register for any unclaimed beds.

The shuttle will transport clients directly to the Navigation Center site.

Clients will not be allowed to loiter in the neighborhood surrounding the Navigation Center facility or the bus and/or shuttle pick up locations at any time. There will be strict enforcement of shelter client contract rules which could result in permanent exit from the facility if not followed.

Drop-off/pick-up locations are an extension of the shelter and thus any violation such as loitering constitutes a violation of the shelter rules which will be strictly enforced. PROVIDER will conduct random daily checks of 1-mile diameter to shelter and drop -off/pick-up locations to enforce shelter rules and avoid loitering and homeless congregations. Upon arrival, clients will go through a security screening process and work with an Intake and Admissions Coordinator to be informed of rules and regulations of the Year-Round Emergency Shelter Program, complete necessary intake paperwork and obtain a shelter ID card.

6. Day Leave and Returning Clients

Two morning shuttles will be available to clients who have a desire to leave the facility during the day for employment or personal appointments. These will be modified based on client need.

Clients who leave the program during the day may return via the 4:00 PM shuttle to ensure that their beds remain claimed. Those using the later, 7:00 PM shuttle will inform their Employment and Housing Navigator or shelter bed reservation staff member to ensure their bed reservation is saved.

Clients arriving later than 7:00 PM for special circumstances, such as employment or discharge from the hospital, must communicate with their Employment and Housing Navigator their anticipated arrival time. No client will be allowed into the shelter after 10:00 PM unless for valid reasons approved by their Employment and Housing Navigator and/or the shelter bed reservation staff member. Failure to communicate this could result in forfeiture of their bed reservation and subject Exhibit C

the client to "Readmission Policy'' protocols.

Clients who are unable to meet the two evening shuttles must arrange alternate transportation to the shelter site; no later pickups will be provided.

7. Hours of Operation

The Navigation Center is open 24 hours, 365 days per year. These hours of operation will be in effect seven days per week, every week regardless of holidays or weather.

5:00AM Early Wake Up If needed

7:00 AM-8:00 AM Breakfast Served

6:00AM First Shuttle for morning drop-offs

7:00AM Second Wake Up Call If needed

8:00 AM-10:00PM Common Area Open

10:00AM Second (final) shuttle for morning drop-offs

12:00 PM-1:00 PM Lunch Served

Snacks available all day)

4:00 PM First Shuttle for evening pick-ups

6:00 PM-7:00 PM Dinner Served

7:00 PM Second Shuttle for evening pick-ups

10:00 PM Lights Out in Sleeping Area

*Individuals may request an early or late plate for all meals.

C. Overflow Management

1. Coordinated Service Delivery Plan

It is anticipated that in the early years of operation for the Navigation Center need and demand will outweigh the capacity of the 100 bed Year-Round Emergency Shelter Program. Therefore, it is imperative that a Coordinated Service Delivery Plan be implemented that includes coordination of the following diversion and redirection strategies:

Exhibit C

a. Homeless Diversion -

PROVIDER will include homeless diversion screening at intake to ensure that those with alternative resources will not be accessing the homeless system. PROVIDER will either provide direct referrals or partner with an agency that can offer successful diversion assistance.

b. Coordination with Transitional and Bridge Housing Providers -

PROVIDER will work with service Providers to locate Transitional and/or Bridge Housing vacancies.

This form of housing will be utilized by returning clients who have been matched with a housing opportunity and will soon move into permanent housing. This strategy will increase the Navigation Center bed turnover rate as clients are successfully matched to alternate housing opportunities.

c. Coordination with other Navigation Center Providers -

PROVIDER will partner with other emergency shelter program Providers to redirect overflow to any additional shelter beds that may be available in the county.

2. Overflow Policies

The Bed Reservation System is designed to prevent and minimize overflow and capacity issues for the shelter. A daily bed utilization count will ensure that the 100 -bed capacity will be fulfilled each evening, as need for beds persist.

In the event of a community-wide natural disaster or in extreme weather situations declared by state, county, or city authority, the shelter will maintain a "no walk-up" policy.

D. Exit and Re-Admission

1. Exit and Readmission Policies

Clients will be considered to have exited the program when they voluntarily leave or are exited from the shelter for safety or continual shelter violations or find alternate housing.

When a client exits of their own volition or is exited for minor shelter violations, the client may contact the admission hotline to screen for readmission eligibility after the time designated by staff.

Length of exit for safety violations will depend on the severity of the infraction. The Shelter Operator should be balanced in their approach to program exits and readmission policies as it pertains to rules violations and infractions. Such policies should include considerations to maintain a safe and effective facility, safety for clients, volunteers, staff, and the surrounding neighborhood as well as demonstrate compassion toward homeless individuals who face increasingly vulnerable situations if forced to exit from a shelter situation to places not suitable for human habitation.

It is recommended that infractions be subdivided into a Multi-Tiered System based on the perceived impact of the infraction. The consequences for each tier level should be fitting and just for the level of the infraction and its perceived impact on the wellbeing of stakeholders.

Clients who use the facility, programs, and services in violation of a specific rule will be obliged to adhere to the applicable consequences. The consequences may also be subject to intervention by law enforcement, and, if necessary, prosecution up to the limit of the law.

If guest behavior results in an infraction upon the programs rules and expectations, whether posted Exhibit C

or implied, or they pose a direct threat to the health and safety of others, the guest will be required to meet with staff to discuss the specifics of the situation. The conference will include a review of all facts, a review of the alleged violation and the exploration of alternative resolution other than termination unless deemed necessary by the level of the infraction. A beha vioral contract will be created at the first violation between the client and shelter provider which will be reviewed with the client. The contract will state the expectation that was not met as well as the plan for the client to continue their goal towards housing without receiving further infractions.

For minor infractions/violations as outlined below, the client will be met with three times to discuss the issue and resolution with the staff in an effort to correct the behavior and have the client complete the program successfully. After the third viola tion, the client will need to sign a behavioral contract in order to stay in the program. If a fourth minor infraction were to occur, then a written termination notice will be created, and the client will be immediately removed from the program for a minim um of 30-60 days. Clients will have the opportunity to relocate to the other North SPA Navigation Center if there is a bed available.

For moderate infractions/violations as outlined below, the client will be met with two times to discuss the issue and resolution with the staff in an effort to correct the behavior and have the client complete the program successfully. After the second violation, the client will need to sign a behavioral contract in order to stay in the program. If a third moderate infraction were to occur, then a written termination notice will be created, and the client will be immediately removed from the program for a m inimum for 90 days. Clients will have the opportunity to relocate to the other North SPA Navigation Center if there is a bed available.

For severe infractions/violations as outlined below, the client will be terminated immediately from the program and will receive a written termination notice and grievance form immediately. The client will be removed from the program for a minimum of 180 days. Client will have the opportunity to relocate to the other North SPA Navigation Center if there is a bed available , but subject to the type and severity of infraction/violation that caused removal.

For extreme infractions/violations clients may be permanently ineligible to return if the infraction/violation is so severe that it causes significant harm or damage to the facility, staff, or all clients being served.

Basic Examples of Levels of Infractions:

Examples of Minor Infractions - Level 1:
• Smoking outside of an approved smoking area
• Cutting in front of others in meal lines or service lines • Curfew violations
• Loitering in parking lots or surrounding areas near Navigation Centers • Entering designated “Off-limits” areas
• Mild verbal aggression or verbal assaults
• Mild physical incidents (ex: lightly pushing past someone) • Not following the basic program procedures or expectations • Refusal to work with their navigator or not following the housing plan • Possession of non-sharp paraphernalia

Examples of Moderate Infractions - Level 2:
• Possession of Alcohol of Marijuana
• Disrespectful towards staff or volunteers
• Minor physical scuffles
• Possession of flammables
Exhibit C

• Possession of illegal narcotics
• Non-exhibitive sexual behaviors
• Racial slurs or discriminatory slurs(e.g., terms widely considered as hateful against specific religious groups or sexual orientations)
• Guest refusing to de-escalate or speak with Staff at the time of incident

Examples of Severe Infractions – Level 3:
• Illegal drug use or possession
• Possession of weapons or “sharps” in the shelter
• Threats that cause fear of life or limb
• Major Neighbor complaint(e.g. Vandalism, theft, aggression) • Theft
• Intentional damage to property (e.g., holes in walls, arson, etc.) • A guest refusing to be searched when staff or security have reason to believe they are in possession of contraband

Examples of Extreme infractions – Level 4
• Sale of illegal narcotics
• Violent attacks/fights (e.g., punching, kicking, shoving, etc.) • Sexual Assault/harassment
• Behavior deemed to be Criminal Activity or Felony offenses

2. Exit Procedures

When a client is asked to exit due to disobedience of rules, violence, or criminal activity, security will escort the person off the property and those exited will be transported to a self-directed location out of the surrounding area.

E. Employment and Housing Navigator Services Policy

Shortly upon time of admission into the shelter, each client will be assigned to an Employment and Housing Navigator. The primary function of the Employment and Housing Navigator is to work side- by­ side with the client to create a pathway toward permanent housing opportunities, with the ultimate goal of ending their homelessness within a 30-day timeframe . Additionally, the Employment and Housing Navigator is to provide resources and support to the client during their stay.

The Employment and Housing Navigator will ensure that all clients have a complete assessment and are entered into the Coordinated Entry system, as the first line of housing engagement.

Employment and Housing Navigators will assist Navigation Center clients in obtaining the necessary documentation to move forward in their housing connection process, once matched to permanent housing opportunities by the Coordinated Entry Module.

Together the Employment and Housing Navigator and the client will complete a Housing Plan which will guide their efforts toward securing permanent housing opportunities. Meeting weekly, the Employment and Housing Navigator will document the client's progre ss towards actions outlined in the Housing Plan. Additionally, Employment and Housing Navigators will work with clients to provide any community referrals as necessary.

1. Documentation of Employment and Housing Navigation Services and Data Security Policies

Employment and Housing Navigators will keep case notes in both hard copy paper files and in the HMIS database to track every client's progress and participation in the Year-Round Emergency Exhibit C

Shelter Program. These files are also used to track the resources and referrals given, support rendered, and any infractions the client may accrue. Outcomes are recorded at exit and throughout participation in the program.

Paper files will be stored in a secure, locked location only accessible by necessary staff.

PROVIDER will use HMIS as its primary database and ensure that every client completes and signs an Orange County HMIS Client Consent Form upon entry into the program. Intake Specialists and Housing and Employment Navigators will ensure collection of all HUD Data s tandards as required by the HMIS system.

PROVIDER will have a policy restricting computer access records and client information to authorized staff. All database and HMIS access will require passwords by authorized users.

Disclosure of client information to other social service agencies may be permitted only with the client's written consent. Disclosure of records relating to clients may be released without client consent in certain circumstances as required by law.

F. Daytime Program Policies

Clients that are participating in the Navigation Center may, but are not required to, leave the facility during the day. PROVIDER will make every good-faith effort to encourage all clients to stay on-site during the day and to take advantage of the on-site services provided to them during the daytime.

Two morning shuttle times will be available to clients who desire to leave the facility for work or personal appointments, one at 6:00AM and one at 10:00AM.

If not utilizing the morning transportation services, clients are encouraged to stay at the facility.

Clients will have access to daytime services through partner organizations and will be able to meet with their assigned Employment and Housing Navigator o n a weekly basis. They will also have access to activities provided by shelter staff and volunteer organizations. Clients are welcome to use the facility's recreational areas, and designated outdoor spaces.

G. Supportive Services Program Policies

1. Lead Agency Protocols

The PROVIDER is to recruit and manage a group of partner agencies specialized in providing an array of supportive services beneficial to Navigation Center clients.

PROVIDER will ensure that the Emergency Shelter has flexible hours to allow clients to come before or after work, or alternatively, on the weekends.

PROVIDER will also engage participation in and facilitate quarterly meetings of the Service Partner Advisory Board.

2. Requirements for Service Provider Partners

All service Providers who desire to offer direct services at the Emergency Shelter will complete an interest application and will be required to enter into a formal Memorandum of Understanding (MOU) with PROVIDER to participate.

Responsibilities of the Service Provider Partners will include, but are not limited to:

Exhibit C

• Set and maintain their own appointment schedule with clients; • Provide clients with access to transportation to fulfill their scheduled appointments, if needed;
• Agree to share service output and outcome information • Communicate Service Providers reservation conflicts with PROVIDER staff and management;
• Respect, maintain and keep clean Service Providers meeting Area • Respect and cooperate with PROVIDER staff, other service Providers and clients; • Participate in quarterly Service Partner Advisory Board meetings and provide input to the improvement of the Year-Round Emergency Shelter Program.

H. Good Neighbor Policy - Community Coordination and Communication

1. Communication and Coordination with Neighborhood, Businesses and Public

PROVIDER is committed to communication with neighbors on an ongoing basis. As part of this commitment, prior to commencement of any services at the Year-Round Emergency Shelter Program, PROVIDER will facilitate a number of Community Forums, as needed. These Community Forums will provide opportunities to answer any questions members of the surrounding community might have on the operation of the Year-Round Emergency Shelter Program. PROVIDER will provide information to the public including wrap-around servic es offered and when services will begin.

In collaboration and partnership with the City, PROVIDER will utilize a grievance procedure and due diligence to ensure appropriate customer service response and will consider the resolution of community complaints as a high priority. A public inquiry phone and contact information will also be posted. Community stake holders may call this number for information about the site or to have any questions answered. The phone number will be retained as a resource for community members while the shelter is up and operational.

PROVIDER will also create and maintain a program website that will include important information for community stakeholders and clients alike. The website will include a "Frequently Asked Questions" section which will help to provide instant answers to community c oncerns. Additionally, the website will include a digital copy of PROVIDER's full "Good Neighbor Policy" and "Management and Operational Plan" to be made accessible to the public.

Visits by members of the community and tours of the facility will be available by scheduling an appointment with PROVIDER Staff.

PROVIDER will have program brochures available on -site as well as disseminate these resources to groups throughout the community. Information on the brochures will highlight the various services at the facility as well as criteria for admission and eligibility. Vo lunteer, in -kind and donation opportunities will also be listed for those who wish to support the program.

PROVIDER will use current media guidelines and appoint a lead to handle all media requests. The lead will be charged with ensuring that the public is regularly updated on the progress and successes of the shelter program through various local media outlets.

2. Communication and Coordination with Local Police and Fire Departments

PROVIDER is committed to communicating and working collaboratively with local police and fire departments through all stages of program implementation from facility design to program execution.

Exhibit C

The intention of PROVIDER is to be as self-sufficient as possible and minimize the shelter's impact on the local police and fire departments. This includes ensuring that staff and security are trained to properly manage and respond to an array of difficult situations that may occur at shelter.

PROVIDER will provide an array of services and support that will be beneficial to local police and fire departments. During Phase I, these services include, but will not be limited, to:

• Security Officers stationed on-site
• Designated beds reserved each night for law enforcement referrals (including percentage set­ aside for the host city)
• Staff Neighbor Patrol will monitor surrounding area to control issues of loitering, abandoned property, and other blight
• Training opportunities on mental illness, homeless sensitivity or other topics of interest to supplement existing department trainings
• Direct referral access to the Coordinated Entry system to assist local law enforcement officers to connect homeless individuals with housing opportunities • Statistical reports on number of clients served, length of stay and/or demographic information

Additionally, the Operator will meet with local law enforcement from the host city and surrounding police departments. Initially, it is suggested to meet once a month when shelter opens. Law enforcement will have the ability to bring forward operator non-performance directly to the County.

3. Communications and Coordination with City, County, and Service Providers

Operation of the Navigation Center will be for the public good and to move the homeless Continuum of Care system, as a whole, forward. As such successful implementation of the Navigation Center will require the partnership of various stakeholders including the City, County and other Service Providers.

PROVIDER is committed to working cooperatively with numerous other service Providers, community, and government organizations to serve the needs of the homeless population in the City of Placentia.

In order to effectively manage and operate a robust Multi -Service Center when construction is complete, one that provides an array of services for the shelter clients, PROVIDER must demonstrate a strong openness to collaboration and willingness to engage other service Providers.

PROVIDER will ensure that its services are integrated with all county/community entities that support the needs of the client. Such entities may include the Veteran’s Administration, Social Security Administration, health care agencies, mobile health and dental clinics, local churches, etc.

Additionally, PROVIDER will be responsive to and provide support to the City Council Members and the County Board of Supervisors as needed, in relation to the outcomes and operation of the program.

4. Policies for Community Involvement

PROVIDER will be committed to active participation in city and county -wide community events. To the extent that reasonable and feasible representatives of PROVIDER will attend meetings of the local Neighborhood Association(s) and local Chambers

of Commerce(s) when invited and communicate with neighborhood and business participants.

Exhibit C

Additionally, PROVIDER may sponsor special events, such as community resource fairs, which will include the community and the neighborhood on various occasions.

5. Policies for Neighborhood Patrol

A PROVIDER staff led Neighborhood Patrol will assemble on weekdays to patrol an area 1/4 mile around the shelter perimeter. The role of this patrol group is to collect litter, promote cleanliness, engage with neighbors, and enhance safety and cleanliness of the immediate vicinity.

Additionally, they will identify issues of loitering, unauthorized parking of client vehicles in the neighborhood, abandoned property, shopping carts and other blight. A log will be kept of the weekly patrols. The following actions will be completed by the Neighborhood Patrol:

• Litter and trash items on and immediately adjacent to the facility will be removed from the area and properly disposed of
• Clients found loitering will be issued a warning. Violations of this rule may cause a client to be exited from the facility
• PROVIDER will make a reasonable effort to encourage persons to move along and may call law enforcement for additional assistance on an as needed basis • Unauthorized parking of client vehicles in the neighborhood are subject to towing • PROVIDER will contact city designated shopping cart retrieval program to collect all shopping carts found that do not contain items of personal property • PROVIDER will follow city codes for removing personal property found in surrounding area • PROVIDER will work with law enforcement to have staff conduct outreach and engagement activities to homeless in surrounding community such as parks, river bottoms, etc.

I. Shelter Advisory Boards

Shelter Advisory Boards will be established and maintained to provide review of the operations of the Year-Round Emergency Shelter Program, enhance community relations, and bring information of any strengths and concerns from the neighborhood, local businesses, city and county entities, service Provider partners and shelter clients about the operation of the Year-Round Emergency Shelter Program.

1. Composition of Boards

The Shelter Advisory Boards will be three distinct Boards representing different stakeholders and interests. The composition of these three boards will include:

Community Advisory Board

• Representative(s) appointed by the Orange County Board of Supervisors • Representative(s) appointed by the local City Council • Representative(s) appointed by the local Chief of Police • Representative(s) appointed by the local Neighborhood Association (if applicable) • Representative(s) appointed from the local business association or Chamber of Commerce • Representative(s) appointed by the local school district • Representative(s) appointed from local homeless outreach agencies

Homelessness Client Advisory Board (no membership limits)

• Open invitation to current shelter clients and graduates Exhibit C

Service Partner Advisory Board (no membership limits)

• Open invitation to all Year-Round Shelter Service Provider partners

2. Meeting Schedule

All three Shelter Advisory Boards will meet quarterly (at minimum).

Ad Hoc meetings as necessary-a way for any member to agenize issue or rules to be able to call a special meeting.

3. Accountability and Grievance Process and Policies

In addition to providing input to the operation of the Year-Round Emergency Shelter Program, the Shelter Advisory Boards are also tasked with the on -going review of the PROVIDER's ability to effectively administer its Operational Plan and Good Neighbor Policies. In the event that a Shelter Advisory Board finds concerns over the PROVIDER's implementation of the program, the following processes and policies will be enacted to allow the PROVIDER to make corrective actions toward such grievances:

1) Once a grievance has been filed, PROVIDER and Advisory Board will create, at the meeting in which the grievance is filed, an action -plan to resolve the issues by the next regularly scheduled Advisory Board meeting;
2) At the next meeting, the action plan's outcomes will be reviewed to determine if the issue has been resolved;
3) If the issue has not been resolved, but the PROVIDER has provided evidence of a good faith effort to follow the course of actions outlined on the plan, they will be given an additional 90- days to enact an alternative plan;
4) If the issue has not been resolved and the PROVIDER has not demonstrated or provided evidence of following the course of actions outlined in the plan, a formal complaint will be sent to the County for investigation and possible termination of the contract with PROVIDER.

The County shall have a plan for operation of the shelter if PROVIDER is terminated by the County, including failure to enforce plan components such as Good Neighbor Policy, bed reservation requirements, no walk -up policy, etc. The plan may include selecting the next eligible operator from the original operator RFP and/or entering into a sole source with a new operator, based on approval of the Board of Supervisors.

Additionally, law enforcement will have the ability to bring forward operator non-performance directly to the County.

J. Safety Policies

1. Facility Maintenance

PROVIDER will keep a schedule for regular facility maintenance and cleaning. PROVIDER will contract with a janitorial service to provide daily cleaning services for all areas utilized by clients and weekly for office space.

Shelter Staff will rotate regular maintenance duties and inspections for minor repairs and replacements. Maintenance and cleaning forms are used to track the completion of each task and Exhibit C

reviewed monthly.

PROVIDER will be responsible for staff training and performance in these duties.

The outside grounds will be incorporated into the maintenance schedule and rotation including cleaning of parking lot, watering of plants, maintenance and cleaning of sidewalks and patio areas, and checking of outside lights and furnishings. Graffiti will be reported to the Program Manager for removal within 24 hours.

Any need for repairs will be reported promptly by staff to the Program Manager. Minor repairs may be completed by staff as trained. Major repairs are reported to the Program Manager of the Shelter.

Difficult repairs will be sent out to an approved list of vendors for bids, approval, and completion.

PROVIDER will be committed to maintaining a pest free environment throughout the premises. As such, no food will be allowed in the sleeping areas of the facility. Trash bags will be emptied daily in all areas. Inspection of client spaces and lockers will be conduc ted for any items that would attract pests. All staff will receive appropriate training for the identification of common pests as well as prevention and control measures. A Pest Control company will be contracted by PROVIDER and will come regularly to spray for bugs, check for infestation of pests, and perform other pest prevention or extermination treatments that will be seen on their visits or reported by staff.

2. Fire and Earthquake Safety

Evacuation Plan for Ambulatory and Non-Ambulatory Residents

Shelter staff will be trained in protecting the safety of everyone in the facility. Staff will respond quickly and safely when an emergency, incident, or natural disaster occurs. Evacuation Routes and Exits will be posted in each major area of facility. An evacuation point outside will be designated.

In case of the need for evacuation, the present site leader during the emergency will notify all staff and clients to evacuate, call 911, and direct evacuation plan. Staff will be assigned to oversee the evacuation of clients in each work area. Staff will check client areas, assigns assistance to non - ambulatory and disabled persons, and leads clients to safety through the nearest safe evacuation exit. Staff will assemble clients outside at designated evacuation point, read bed list for attendance and search for any missing clients as safety conditions allow.

In case of fire these additional protocols will be completed:

• The Program Manager or lead staff member will pull the nearest fire alarm if it is not already sounding; the Fire Department monitors the alarm and will respond immediately. • While evacuating clients, staff will attempt to close all door, if safe to do so. • Before exiting a room, the Program Manager or lead staff member will touch back of hand to the door to determine if the door is cool, then open it a crack, smell for smoke, and if deemed safe, open the door and leave the building to the evacuation meeting point. • If the door is hot, it is not opened, and staff will lead clients to leave via the nearest safe exit. • Staff will locate and use appropriate fire extinguishers if safe to do so. • When the Fire Department arrives, a staff person will speak to the officer in charge and give the officer a set of staff keys.
• Staff will contact the Program Manager or his/her delegate as soon as possible, if not on site. • Staff will report incident and procedure in Incident Report and staff shift notes as directed in shelter policy.
• Staff will report incident and procedure to the local fire authority, in accordance with kept Fire Watch Guidelines.

Exhibit C

If the weather is inclement and if the evacuation will not be short, staff will:

• Contact the Program Manager to identify evacuation locations and disaster team if assistance is needed for client shelter, meals or services. • Contact other Homeless Providers for services as needed.

For a false alarm or other short -term evacuation, staff will direct occupants back into the building once the Fire Department has authorized an "all-clear."

3. Fire Prevention Procedures

The Navigation Center will be approved by the Fire Department for all fire codes, sprinklers, alarms, and exits prior to service implementation. Emergency lighting will be installed both inside the facility and outside on the grounds for safety and in compliance with all codes.

No smoking will be allowed inside or outside the building within 20 feet of doors. A smoking section will be designated, and a sign posted in the enclosed patio area.

4. Fire Drills and Documentation

Fire drills will be conducted at least quarterly. Documentation of fire drills will be kept for three years in Shelter Management Files.

5. Fire Inspections and Extinguishers

The most recent annual fire inspection will be posted in a designated area of the Navigation Center facility and will be included in the Shelter Management files. Fire extinguishers will be hung in each area of the building as shown in facility plans and in evacuation plan. Fire extinguishers will be inspected and maintained per city and county requirement s. A certificate of the last most recent City of Placentia inspection will be posted in a visible designated area.

6. Earthquake Safety

Earthquake drills will be conducted quarterly by staff. The evacuation route and procedures may be the same as for other hazards. A client tally and search will be conducted once evacuation is conducted.

In case of an actual earthquake that causes damage to facility or grounds, the City of Placentia’s Building and Safety Department will be called to inspect the facility as soon as safety permit s. Clients will be evacuated from building and transported to other shelter as needed.

K. Security Plan

PROVIDER will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate.

1. Eligibility Screening

No person validated on the sex offender registry (Megan's Law) will be allowed to access the shelter property. Additionally, no felons with open warrants will be allowed to access the shelter property.

Exhibit C

The Shelter Operation will work cooperatively with the local police department and will utilize http:/ / ws.ocsd.org/ Arrest Warrants to screen clients for open warrants.

2. Secured Entrances

All clients will be required to enter the shelter in a coordinated, peaceful fashion. All clients will present identification upon entry. Clients without valid California identification cards will be given supportive services to secure a valid identification card.

All clients and their belongings will be greeted by security personnel, all clients will be asked to leave contraband in secure location (amnesty boxes) . Contraband items include but are not limited to:
weapons, explosives, flammable or volatile substances, illegal drugs, controlled substances or drug paraphernalia, bio-hazardous items or environmentally harmful goods.

Clients will sign-in upon entrance and sign out upon exit from the premises.

3. On-site Security Personnel
PROVIDER will provide a sufficient number of trained security personnel to ensure the safety of clients and the surrounding neighborhood, 24 hours a day. Security staffing levels must be approved by the City of Placentia Police Department and adjusted as deemed appropriate by the Department.

• Security will be on site at all times and will conduct security rounds of the facility as necessary.
• Security staff will conduct rounds both inside and outside the shelter to ensure maximum coverage.
• Security staff will be accessible and visible to clients, and survey facility for any potential concerns.
• Program and Security staff will have communication with each other via portable electronic equipment.
• Security staff will be contracted through a third-party vendor and staffed by PROVIDER.

Security guards will carry non­lethal weapons such as mace, batons and handcuffs. Vendor will ensure that all security staff will be regularly trained. • Security staff will receive "Homeless Sensitivity Training" through PROVIDER's resources.

Daily Recommended Operational Staff to Security Ratios

Shift Coverage Time Staffing Levels Security Levels
Morning Coverage 7:00AM-3:30PM 3-5 staff 1 Security Guard Afternoon Coverage 3:00PM - 11:30PM 3-5staff 1 Security Guard Night/Sleeping Coverage 11:00PM-7:30AM 1 staff 2 Security Guards

4. Security Equipment

Portable communication devices will be worn by staff.

Exhibit C

5. Security Lighting

Security lighting will be used both inside and outside the facility to highlight entrances and parking lot. A staff person will escort any persons to parking lot or security gate after sunset.

6. Loitering Policy

Clients will not be allowed to loiter in the surrounding neighborhood. Violations of this rule may cause a client to be exited from the facility. PROVIDER's Good Neighbor Policy will include regular checks of surrounding area to prevent and control loitering issues.

7. De-escalating Conflicts

All employees will receive training in communication techniques that de-escalate confrontations.

8. Entrance and Exit Procedures

All staff and clients will enter and exit through one main entrance and security check point. A portable communication device will be worn by staff for control of entrance and activity inside the building. All areas of the building will be locked when not in use. The building will be zoned so that clients will only have access to the areas which they need.

All clients will present identification upon entry and their person and belongings will be searched randomly by security. They will sign in upon entrance and sign out upon exit from the premises.

Clients will enter the property by shuttle. Clients will be escorted from the designated parking lot area shuttle drop off area to the shelter entrance.

9. Policy regarding storage of client's possessions

All clients will have access to limited personal storage space. Each client bed will have a small storage bin for personal valuables.

A limited number of outdoor storage bins will be available to clients through a reservation process.

A client who qualifies and requests their personal effects to be stored in these outdoor bins must sign a "Storage Bin Agreement" form which states that staff is not responsible for any items that are lost, stolen, or damaged. A client may store personal property in their assigned bin, to its maximum capacity.

A client storage log will be signed at each visit to the storage area. The storage area may be accessed with staff supervision and only during assigned hours during the day.

All items will be stored for the length of the client's stay at the shelter. The right to store items may be revoked based on violation of rules and/or the management's discretion. Once a client has exited the shelter program, any personal effects may be s tored for up to 7 days; after which, the property will be donated or disposed of. Clients who have exited from the shelter program must contact staff to set an appointment to collect their personal belongings.

In the event the client cannot come to retrieve their own property, they may name a proxy of their choosing to pick up their effects by filling out an Authorization for Release of Personal Property form.

The client will be responsible for asking their designated contact person to retrieve property, if needed.

Exhibit C

No contraband items may be stored in the shelter. Contraband items include but are not limited to:
weapons, explosives, flammable or volatile substances, illegal drugs, controlled substances or drug paraphernalia, bio-hazardous items or environmentally harmful goods.

10. Policy pertaining to authorized/unauthorized search of clients' property by staff

The Shelter staff will have the right to inspect all storage areas to ensure compliance with contraband policies.

When inspecting a client's possessions without them present, two staff persons will be responsible for the search. An Authorization Form will be signed by the client at time of entrance into facility when they place items into the storage area. When items are found in the client's possession that are not suitable for storage, clients can choose to have staff dispose of the item or client may store property off-site premises at their own cost.

11. Policy on Possession of Weapons On-Site

No weapons or objects which can be used as weapons will be brought into the shelter. All of a client's belongings that they are carrying on -site may be randomly searched upon entry and inspected for weapons and items that could be used as such. Anyone found with a weapon or dangerous material that can be used as a weapon will be asked to immediately dispose of the item or lock it up in an amnesty box. If they refuse, they will be required to leave the premises and neighborhood of the facility. Sharp objects such as tools or scissors will be stored in locked storage areas and not taken into shelter living areas.

All kitchen knives and sharp objects, hazardous materials, and cleaning equipment that could be used as a weapon will be kept in locked areas with only staff accessibility.

12. Procedure for Contacting Police

It is the intention of the PROVIDER to act as self-sufficiently as possible and minimize the shelter's impact on the local police department. This includes ensuring that staff and security will be trained to properly manage and respond to an array of difficult situations that may occur at shelter.

In establishing a procedure for contacting police, PROVIDER will work cooperatively with the local police department to establish shelter policies and procedures on how and when to contact police for conflict resolution, trespassing, theft, unruly behaviors, loitering around property, mental health evaluation, and emergencies.

Upon consensus, a 911 protocol will be established and followed. All staff members will be trained in these procedures. 911 may be called for any medical emergencies, violent behaviors that endanger others, and suicidal ideation.

L. Health Policies

1. Housekeeping Policy

PROVIDER understands and commits to maintaining hygienic, sanitary environments for the well­ being of clients, volunteers and staff. PROVIDER’s policies and procedures ensure that its facilities maintain an accessible, clean, safe, secure, and vector free en vironment. We will maintain written, standardized housekeeping procedures. Each procedure will be designed for the safety of staff and clients and for a consistent, high standard of housekeeping. Staff will be provided with training in these procedures, will be monitored in performance of the procedures, and evaluated on their Exhibit C

effective use of them. Training may include education on any hazardous materials with which staff may come into contact when carrying out their assigned work tasks. The complete list of procedures will be included in a Shelter Policy and Procedures Manual and made available to all employees.

Outside janitorial staff will be contracted to assist in the maintenance and cleaning of the facility.

Thorough daily cleaning of all client areas including living quarters, dining areas, and common areas will be done using institution strength anti-bacterial products. Bathrooms, showers, and eating areas will be given priority attention. The dining areas will be cleaned according to strict health standards after each meal. Office space will be cleaned weekly by the contracted janitorial staff and as needed by Shelter staff and partner organizations using the space.

To prevent cross-contamination, clients will be required to store personal toiletries in plastic sealable bags on their beds when not in use. Clients will be assigned a set of linens at intake for their use while in the shelter. Clients will be encouraged to make their bed each morning. Linens will be turned in weekly to the linen vendor and new linens will be assigned.

All staff will practice universal precautions in handling of laundry, cleaning of facility, and general self-health care. Specifically:

Staff will wear appropriate protective garments (i.e. gloves) while completing tasks; Staff will use recommended disinfecting cleaning products for each area of facility; Staff will practice required handwashing procedures;
All laundry will be handled according to safety and washing procedures; Staff and volunteers will follow a set of Program Rules and Regulations for working when they are sick/contagious.

The outside grounds will be included in the housekeeping standards and schedule. The facility's outside spaces, parking lot, and green areas will be cleaned daily from debris and litter. Chairs and tables will be washed according to inside standards. Minor repairs of the facility and grounds will be completed by the Shelter staff. Any major repairs or work requiring specialized training will be completed by approved vendors.

The Service Partner agencies must adhere to housekeeping procedures as outlined in their MOU agreement. Service Provider Partners will be expected to respect and keep their areas clean after usage.

2. Service Animal Policies

Clients will be permitted to bring service animals to the shelter. Registered animals that have proof of current vaccinations in Orange County will be allowed at the facility if they do not have this registration, shelter staff will work with the client to obtain the necessary documents and vaccinations. Service animals will be permitted to stay in the shelter and living areas. In order to qualify as a service animal, a client must produce an official letter from a licensed physician stating that the animal is needed to help the disabled individual perfo rm some of the functions and tasks that an individual with a disability cannot perform for him or herself.

The health and well-being of all service animals brought into the shelter will be the responsibility of their owner. Clients must feed and clean up after their animals, Shelter staff will not provide food.

Clients who are unable to care for or feed for the ir pets or cannot control them while at the shelter will be asked to remove the animals from the facility.

Exhibit C

3. Possession and Use of Controlled Substances

PROVIDER has a strict policy prohibiting the possession or use of alcohol or controlled substances at the Navigation Center premises by employees, residents, clients, and general public.

It will be the intent of PROVIDER to promote a safe, healthy and productive environment for everyone. Staff recognizes that the illegal and/or excessive use of drugs and alcohol, or the inappropriate use of prescribed drugs is not conducive to a safe living environment. It will be the objective PROVIDER to have an environment that is free from the influence of controlled substances and alcohol at all times on premises. The unlawful purchase, possession, transfer, manufacturing, distribution, dispensation or use of any illegal drug is inconsistent with the objective of operating in a safe and efficient manner and will be strictly prohibited and is contrary to the Year-Round Emergency Shelter Program's mission.

4. Policy for Drug Possession

Staff will have the right to refuse entrance to any client who is noticeably under the influence, exhibiting behavior that is inappropriate due to influence, or otherwise cannot follow the rules and expected behaviors of a client while participating in shelter activities. If alcohol, illegal substances, or paraphernalia are found in client's possession after they have completed entry paperwork and necessary security screenings, that client will be asked to dispose of the items, if they refuse they may be asked to exit the facility at the discretion of staff. They may be given a time frame o f their next eligible readmission date. The illegal drug or alcohol will be disposed of and documented by two staff following written protocol in a Policy and Procedures Manual.

5. Security, Use and Access of Prescription Medications

If a client has medications that must be administered throughout the evening/night or will be damaged by extreme heat or cold, they may retrieve them from a designated staff person. If a medication needs to be refrigerated, the medication will be packaged and labeled with person's name, bed number, and name of medication and placed inside a designated locked refrigerator.

A client who qualifies and requests their medications to be stored in a locked area must sign an Agreement Form and will have access to the medications as soon as possible by their request to the staff on duty. The client will be responsible for requesting and taking their own medications within the limits of how they are prescribed. Only the person whose name is on the medications will be able to retrieve them.

6. Client Use of Over-The-Counter Medications

Use and storage of over -the-counter medications follow the same policy and procedures of prescription medications.

7. Client Access to Emergency and Medical Care

Clients may have access to medical care at any time. Client should communicate to staff member on duty their need for medical care, if possible. Medical support may be accessed through local hospitals and visiting medical care Providers if they are on-site.

If a client requires first aid items, they may access them from a shelter staff member at the service desk. The staff member may assist the client in first aid care with the client’s permission, as he/she will be trained, and using universal precautions.

Exhibit C

In case of a seizure, staff will be trained in appropriate safety precautions and will call support from 911 if seizure persists or causes bodily harm. If a client needs emergency or serious medical care, the staff on duty will call 911 and follow 911 procedures. In case of an injury, staff will not move the client. They will contact other staff, call 911, and if appropriate, check breathing and pulse and begin CPR if needed. One staff member or trained volunteer will attempt to keep the client comfortable and keep other clients away from immediate scene, while another staff member will wait for medical personnel, give medical personnel information about client, and direct them to client.

The Program Manager will be called as soon as possible. After a client emergency or incident has been controlled, the lead staff member will complete an Incident Report form which will be sent to the Program Manager and higher-level staff as needed.

8. First Aid Equipment, Supplies and Procedures

PROVIDER Staff will have first aid supplies available at all times. The first aid kit will be inspected monthly, updated as items expire, and re -stocked after each use. Staff members will be trained annually in universal precautions, first aid care, seizure, or Me ntal Health crisis. Any incident occurring at the Navigation Center requiring first aid will be documented in the daily report and an Incident Report will be prepared and sent to Program Manager and other higher -level staff as necessary.

9. Policies & Procedures for Disease Prevention

PROVIDER will have protocols for prevention and treatment of certain diseases and conditions such as seizures, diabetic episodes, mental health episodes, lice, bed bugs, influenza, tuberculosis, and other communicable and contagious diseases. Universal precautions will be maintained at all times in handling of fluids, client clothing, laundry, and in all cleaning of premises.

When an accident or injury to an employee or client occurs or when there has been damage to Shelter property, staff will follow a set protocol, which includes:

• Immediately contacting Supervisor about the situation • Dealing with any injuries
• Securing the accident scene by obtaining names, addresses, and phone numbers of witnesses if possible, taking photos if possible, and noting any unusual circumstances • Recording all necessary information to complete a formal report • Not accepting any responsibility on behalf of PROVIDER • Reporting all accidents or injuries within 24 hours to insurance carrier

If a client shows symptoms of a contagious disease or other public health concern that might threaten another person, the client will be sent to the emergency room of a local hospital for diagnosis and treatment. If a client leaves due to disease, the bedd ing and client's clothes will be washed, bed cleaned, and bedding replaced on bed. Clothes and belongings will be stored in designated area and held for the maximum amount of time permitted. The Shelter will operate to conform to best health practices and concerns.

Universal precautions will be used for all handling of client possessions. Staff will follow hand washing techniques recommended by OC Health Department.

All staff will be tested for TB as required by OSHA standards and written in our Policy and Procedures Exhibit C

handbook. If a client shows symptoms of tuberculosis, the client will be sent for medical diagnosis and asked to receive a TB test. All clients will be offered TB testing through the Medical Services on site as a community health benefit.

M. Food Policies

1. Provision of Nutritional Needs of Clients

PROVIDER will provide a breakfast, lunch and hot dinner to each client every day. A 3rd party food Provider will deliver meals. The on-site staff will work with the 3rd party Provider to ensure that meals will be nutritious and balanced.

We will include as part of our in -kind donation strategies, opportunities for food donations and partnerships with local food banks. We will also work with community and church partners and existing community meal service programs to offer opportunities to feed the homeless individuals at the shelter.

Tables will be set up for meals in the dining area of the Shelter at the scheduled meal times. Food will be served at designated times of operation for registered shelter clients only.

2. Meeting the Health Department Standards

PROVIDER and its Food Coordinator will meet all OC Health Department standards. Inspections will be completed by the Health Department and any changes will be made if indicated.

3. Provisions for the Sanitary Storage and Preparation of Food

The Navigation Center will have limited space for storage of dry foods, refrigerated foods, frozen foods, and supplies. Separate refrigerator/ freezer space should be available for client medications.

PROVIDER will provide extra refrigeration and freezer appliances as needed to supplement safe storage of food, if space is available.

All storage areas will be cleaned on a planned schedule and outdated food will be disposed of. There will be a rotation schedule for storage and use of food in freezer, refrigerator, and dry goods pantry that maximizes use of food so that it does not become outdated.

N. Transportation Policies

The policies for travel to and from the Navigation Center will be designed to support client needs and minimize potential impact on the adjacent residential neighborhood and businesses.

The following transportation measures will be implemented:

1. Transportation Flow on and Off Property

PROVIDER will create a plan for safe and effective flow of traffic on and off the property based on the schematics of the shelter grounds and surrounding neighborhood. Considerations should include provisions for pedestrian, bicycle, personal transportation and shuttle services.

2. Pedestrian Traffic

The shelter will operate by bed reservation only and no walk-ins will be accepted. The clients will be expected to utilize the transportation options that will be provided to them by PROVIDER.

Exhibit C

No walk-up policy will be posted and disseminated throughout the community.

Any individual that does walk-up will receive information on how to make a bed reservation and be provided transportation to a self -directed location out of the surrounding area to return only when the established reservation protocol has been followed.

3. Bicycle Traffic and Parking

A bicycle rack will be provided in a secure outdoor area. Bike locks will be encouraged but are the responsibility of the client to obtain. Bus and shuttle transportation vehicles will be designed to transport bicycles to mitigate foot traffic to the facility.

4. Shuttle Transportation Services

Access to the shelter will be provided by shuttle transportation services. PROVIDER will work cooperatively with city and county officials, OCTA and other stakeholders to provide the most cost­ effective means for providing transportation to and from the shelter.

It is recommended that there be up to three (3) designated pick-up locations that provide ample geographic range for qualified clients seeking shelter services. Locations will be selected by the host city/police department and/or in collaboration with neighboring police departments. PROVIDER will not drop-off/pick-up other than at agreed upon locations.

Daily shuttles (public if bus routes allow for drop off at site or private if this is required by location of the site) will be provided to transport all screened clients to the Shelter Site. Shelter staff will also conduct random checks of a 1-mile diameter area to the shelter and drop -off/pick-up locations to enforce shelter rules and avoid loitering and homeless congregations.

To avoid, long term loitering at the shuttle pick up areas, clients may arrive at the Shuttle Stop fifteen (15) minutes before the shuttle departure time.

Drop-off/pick-up locations are an extension of the shelter and thus any violation such as loitering constitutes a violation of the shelter rules which will be strictly enforced.

The shuttles will provide a pick -up at 4:00 PM, transporting new and returning clients. Prospective new clients must be present at designated pickup locations at 4:00 pm or risk forfeiting their bed.

A second shuttle will provide pickups at 7:00 PM, transporting new clients on the daily waiting list and/or returning clients.

In the case of special circumstances, and only if arrangements have been communicated by the client to their Employment and Housing Navigator and/or bed reservation staff the prior evening, returning clients who are unable to return to the shelter at the designated time and utilize the second shuttle may use alternate public transportation to return to the Year Round Emergen cy Shelter Program.

Each morning, two shuttle services will be provided for clients who desire to leave the shelter for employment and other personal appointments. Scheduled times will be at 6:00 AM and 10:00 AM.

PROVIDER reserves the right to change the pickup band drop off times depending on client need.

5. Personal Vehicle Transportation and Parking

The Shelter parking lot will be available to Shelter staff. Volunteers, vendors, and community visitors Exhibit C

may also park their vehicles in Navigation Center lot while at the facility.

Vehicles eligible to park in the Year-Round Emergency Shelter lot will be listed on the Vehicle Parking Form by license plate and client name. Vehicles in lot overnight must be registered on this log each night. Security staff will include the parking lot during security rotations.

PROVIDER also has the right to tow any vehicle found parked in undesignated areas outside the shelter in the surrounding neighborhoods.

6. Staff Transportation of Clients

Shelter staff members will not be permitted to transport clients under any circumstances in their personal vehicles. Only designated staff in shelter owned/operated or contracted vehicles may transport clients.

7. Delivery of Shelter Goods and Community Donations

Deliveries for shelter goods and community donations will be dropped off in a designated area. The planned location for these designated drop -offs will take into consideration pedestrian, bike and other vehicle traffic routes to minimize safety risks and impact to the shelter site and surrounding area.

It is anticipated that delivery of goods from contracted vendors will occur approximately 3 times weekly. The delivery of community donations by private donors will occur approximately 3 times daily during designated donation drop-off times. We anticipate that no trucks larger than 26' will be entering the property.

All deliveries of goods and/or donations will occur between the hours of 10AM -4PM; however, food will be delivered during mealtimes.

O. Financial Policies

1. Financial Requests from Clients

Financial requests from clients must be requested and received through their Employment and Housing Navigator and/or through Service Provider Partners if one is on -site. Clients will sign a designated log when they receive the requested item (bus pass, clothing/food voucher, etc.). All bus passes and/or vouchers must be kept in a locked safe in a locked office or closet at all times when not in use.

PROVIDER and/or any Service Provider partners may offer these financial assistance opportunities to clients, when available, and must establish priority levels and/or other fair means for distribution.

Neither PROVIDER nor any of our Service Provider partners will not be obligated to fulfill financial requests that they receive from clients.

2. Client Possessions and Funds

The Shelter staff will handle no client monies. Clients with funds that they keep while at the Shelter will be responsible for their security and safety. It will be encouraged by staff for clients not to have funds on site, and to store wallet, electronic devices, and any cash in appropriate locked storage.

PROVIDER will have a policy of not being responsible for lost or stolen items that is included in a Policy and Procedures Manual, listed in the signed Rules agreement, and read nightly when rules will be reviewed before intake.

Exhibit C

Clients will not be permitted to give cash to staff at any time, for any reason.

3. Annual Outside Audit

Contained in Operator Agreement with the City.

4. Financial Reports Review

Contained in Operator Agreement with the City.

P. Legal Policies

1. Policy for Compliance with Local Laws

PROVIDER will follow all OC Health Department , Fire Code requirements and other federal, state and local requirements. Provider will also have staff trained for food handling, CPR, fire drills and other disaster evacuation procedures. All employees will work cooperatively with local law enforcement to communicate any breaking of laws by clientele while on its premises. Additionally, Shelter staff and management will cooperate with law enforcement agencies on investigations for persons wanted for crimes as much as is possible while maintaining policies on client confidentiality.

City may request compliance, records, and or certificates at any time during the contract term.

2. Policy for Compliance with Labor Laws

PROVIDER will comply with all required labor laws. OSHA training and reviews will be done during staff meetings on a quarterly basis. OSHA flyers will be posted in administrative offices.

Our pay wages will be at or above minimum wage. Employee breaks, meals, and overtime will be monitored legally and compensated as needed. PROVIDER will be contracted with a company to examine any work injuries. The proper incident reports, Workmen's Compensation forms, and requirements will be completed.

Q. Non-Discrimination Policies

PROVIDER will adhere to a policy of non -discrimination, which will be stated in its Policies and Procedures Manual. No form of discrimination will be allowed in the provision of client care based on age, race, color, religion, sex, sexual orientation or gender identity and expression, marital status, geographic, national or ethnic origin, HIV status, disability, or veteran status.

1. Policy for Compliance with Americans with Disabilities Act

PROVIDER will comply with appropriate standards of The Americans with Disabilities Act (ADA).

Staff will be trained about and will be cognizant of any physical disability upon entrance of the client and will assist as needed to conquer any barriers from the structure of the building. Staff will receive training to work appropriately with persons with disabilities. All persons will be treated with dignity, value, and worth.

2. Gender-Specific Programming Policy

Persons accessing the Navigation Center services will be identified by the gender identification for which they choose. Staff will provide beds to persons of gender identity, expression and sexual Exhibit C

orientation with due regard to privacy and client rights. Bathrooms and showers will be constructed with equal privacy for all clients, regardless of sexual orientation, expression, or identity. All programs and services will be available with the dignity of all clients as highest priority.

3. Sexual Harassment Policy

All clients, volunteers, and employees should be able to coexist at the Navigation Center in a trauma informed care environment, free from sexual harassment and inappropriate sexual behavior.

The Shelter will have a zero-tolerance policy for sexual harassment and inappropriate behavior of a sexual nature. No sexual harassment will be tolerated by anyone on the facility grounds - including by staff, volunteers, or clients. Clients, staff, and volunteers will be notified if, within th e sole discretion of PROVIDER's Management, any of their remarks, advances, gestures, or attire constitutes sexual harassment toward any person in the Year-Round Emergency Shelter facility.

Anyone who believes he or she has been the subject of any such behavior will be urged to report it to the staff or supervisor immediately. A report will be completed and taken to appropriate staff or supervisor for resolution. Reported incidents will be investigated on a confidential basis. Provisions will be instituted to guard the safety and emotional health of persons who have been victims of a reported incident. After proper review, a person found to have engaged in sexual harassment or inappropriate be havior of a sexual nature will be subject to disciplinary action including possible immediate exit from program or termination from employment.

4. Policy Regarding Sex Offenders

PROVIDER will maintain strict requirements for the safety of children and vulnerable adults. Staff and volunteers will be trained in sex abuse definitions, sex offender policies, child abuse, and vulnerable adult abuse. All employees must review this training year ly and be certified to have passed its standards.

PROVIDER will follow federal law requirements in reporting sex offenders. All clients will be screened for sex offenses through the National Megan's Law database. Screening will be conducted at the time of reservation; no potential participants with a registered s ex offense will be allowed on the bus/shuttle or admitted as clients.

R. Confidentiality Policies

1. Personal Confidentiality

People seek help from emergency shelters at a difficult time in their lives. Their need for service and the help that can be given is determined through the sharing of factual and personal information. For this to be effective, every client must be able to trust that every staff member and volunteer hold confidential the shared information.

Therefore, PROVIDER and its staff will keep strict confidentiality practices as written in Confidentiality Policy. These practices include:

1) Fact of Participation: The fact that an individual is or has been a participant in the Navigation Center should not be disclosed except as may be specifically defined. Inquiries by visit, telephone or letter regarding a participant in the program should be answered with the statement that information as to whether a particular person is or has been in residen ce cannot be divulged; that if in fact the individual is in residence, they will be advised of the inquiry, and that, at their discretion, they will or will not communicate with the inquirer.

Exhibit C

2) Disclosure to Other Agencies: Disclosure of client information to other social service agencies, whether on a referral to or from the agency, generally may be permitted only with the person's written consent. Information is to be withheld where enjoined by law and whereby contract PROVIDER has agreed to maintain the confidentiality of client records (as under the Privacy Act.)

Disclosure of information relating to program participants should not be made to employers, credit agencies, unions or other similar organizations, except at the request, and with the consent of the participant.

3) Information to the Client : In some situations , it may be required by law to disclose to the participant information contained in his/her own case record. Information disclosed should be limited to that which is included in the formal case record. The formal case record should contain factual information, not counselor notes and observations. Information provided by other agencies should not be shared.

4) Law Enforcement Agencies : All requests for information regarding clients originating from law enforcement agents should be referred to PROVIDER's Chief Program Officer. Before any action is taken on any legal request, a staff member or program manager should contact their Legal Department as there are boundaries in place to determine the sharing of information with law enforcement personnel according to its policies on client confidentiality (as stated in the PROVIDER's Policy Manual) and applicable law.

When an arrest warrant or a search warrant has been issued by a court after a showing of probable cause, if such a warrant is presented to the facility relating to a client in the residence, staff will cooperate with the law enforcement agency in making th e arrest or the search, preferably in a manner which will involve the least disruption of the program at the facility.

5) Written Consent: If there is any doubt as to whether client information should be disclosed, the consent of the client should be first obtained, except as otherwise required by law. The consent will be in writing on a Release of Information form and should identify the information to be disclosed, the person or agency to whom it will be disclosed, and the purpose of the disclosure, and the period of time during which authorization is granted.

6) Abuse Reporting: PROVIDER and its staff will comply with all state and municipal laws requiring reporting to governmental agencies of instances of child abuse, domestic violence and elder abuse. Staff will report any suspicion or evidence of child abuse or vulnerable adult abuse according to law's requirements. All staff persons at the shelter will be mandatory reporters. An incident report will also be completed and submitted to the Program Manager and any higher­ level staff as needed. All staff will be t rained at time of hire to spot signs of abuse and to properly document and report it. Training will be repeated annually.

7) Harm to Self or Others: If a client at the shelter program shares with a staff person a viable threat to do harm to self or another, the terms of confidentiality can be revoked, as in the case of suicidal or homicidal admittance.

2. Database Confidentiality Policies

Only trained Intake staff, Employment and Housing Navigators, and management staff will be Exhibit C

authorized to access the HMIS Database. Each staff person will have a separate password for entry.

Staff is only to use computers that are authorized and HMIS compliant. No persons without a username and password set up by PROVIDER's IT department should have access to staff -only computers.

3. Exceptions to the Confidentiality Policy

All clients will be informed that when the law requires Management to disclose client -related information, such as to prevent danger to self or others or to report child and elderly/vulnerable adult abuse, Staff will do so.

S. Grievance Policies

The grievance procedure will be applicable for any conflicts or disagreements between clients and clients and clients and staff. For example, the grievance process may be employed to address disruptive behavior or appeal incorrect formal action. However, i n no way does the grievance procedure suspend the rules or consequences established in the Shelter Rules signed upon entering the program. Clients will have the right to file a grievance without the fear of harmful repercussions from staff or other residents. Clients will also be given the opportunity to provide feedback in a more informal manner with a suggestion box, feedback surveys, and during regularly scheduled “house” meetings.

Clients must first submit a grievance with the PROVIDER, after the PROVIDER has responded to the grievance if the client is unsatisfied or has new evidence then they can submit a grievance to the City of Placentia utilizing the City’s grievance form.

1. Receiving and Posting

The Grievance Procedure should be clearly posted in the Policy and Procedure Manual and available at the shelter facility. A client will be given a copy of the grievance procedure when a conflict has occurred that cannot be resolved satisfactorily between the client and a staff person or another client, or the client has a complaint about an event that occurred at the Shelter involving that client. The Grievance Policy Form will be read by the client and signed.

2. Meeting with Staff

Once received, staff will decide at the earliest regular staff meeting which grievances warrant a meeting. If needed, a formal grievance meeting will be called, headed by the Program Manager or their assistant. Prior to this meeting, the client defendant w ill be given a copy of the grievance so he/she may prepare to respond to the grievance.

At the grievance meeting, the plaintiff will begin stating his/her case. The defendant will then respond. All present will be allowed to ask questions of either the plaintiff or defendant. The burden of proof rests with the plaintiff. All decisions will be binding and after the formal grievance procedure has been completed, staff and residents will be expected to regard the matter as settled and in the past.

If a client expresses a concern or makes a complaint concerning their involuntary discharge, he/she may take the following steps:

• The client may request to discuss the matter with the Program Manager, who will make a decision on any corrective action required within the boundaries of his/her authority. When appropriate the Manager will notify higher-level staff.

Exhibit C

• If the client is still unsatisfied with the outcome, he may submit a request for intervention to the PROVIDER Chief Program Officer , who will acknowledge receipt within a reasonable time frame. The Chief Program Officer will take any corrective action required within 10 days and inform the client, in writing, of the resolution.
• Clients have the right to ask assistance of another person to speak on their behalf, or to help fill out a grievance form.
• Client grievances will be reported in monthly program reports. The Executive Director or other PROVIDER executive staff member entity review all grievances quarterly and/or annually, providing a level of review that does not involve the client about whom the complaint was made or the person who reached the decision.
• Grievances and resolutions should be documented in client file and incident reports

3. Whistleblower Policy

Clients should have several ways in which they may share a grievance - verbally or written, anonymous or through a third party. A suggestion and grievance box will be available in the common area and will be checked weekly by staff.

Confidentiality will be strictly kept between the person making the complaint and the Program Manager which will withhold information internally to the extent prudent where a complaint involves a staff member or volunteer. The Grievance Procedure will be c learly posted in the Policy and Procedure Manual and available at the facility.

SECTION II. STAFFING AND MANAGEMENT PLAN

A. Staff Policies

1. Hiring Policy

PROVIDER is an equal opportunity employer. A copy of its applicable Equal Opportunity and Affirmative Action Policy will be available in the Employee Handbook and through the Human Resources department of the Administrative Offices.

All staff positions and newly hired staff will be approved by the Program Manager and Directors and will be thoroughly vetted through a new hire process as outlined below.

2. Screening Procedure

Position openings will be posted on various employment networking websites. Potential applicants will be screened through a two-step interview process.

3. Acceptance Procedure

A completed application packet and staff letter of recommendation will be sent to the head of the Human Resources Department who conducts a thorough background check. Every potential applicant will be screened for active warrants, violent felony convictions, sexual offenses which require registration, and legal ability to work. Staff who will be in direct contact with clients will also be required to complete Tuberculosis screening as well as training for mandated reporting policies.

The applicant must successfully complete all screening requireme nts before they will be able to begin working directly with clients.

Upon hire, the new employee will sign a job agreement form and will be provided a job description informational sheet for their records. They will also attend a general orientation program led by the Exhibit C

Head of the Human Resources Department. This orientation will cover important topics, such as but not limited to, sexual harassment policies, and appropriate interactions with co-workers, volunteers, and clients. Training places a heavy emphasis on appropriate conduct between staff and clients will be expected to adhere to these practices when interacting with clients. Program Managers complete a more lengthy program-specific orientation process.

4. Staffing Policies for Safe Humane Environment – In this section PROVIDER to provide detailed staffing plan and include position titles, educational background, qualifications responsibilities, and number of staff. See example of narrative below.

The Navigation Center will be staffed to provide the safest, most dignified environment for all clients.

All staff will be easily identifiable and will be required to wear PROVIDER - Approved shirts as well as name tags while on site.

It is recommended that a total of 9 full- time staff and up to 5 part-time staff at the Year-Round Emergency Shelter Program. Staff will be scheduled to optimize safety of staff, volunteers and clients and to provide optimal coverage during hours of high volume.

1 (1 FTE) Associate Director -The Orange County Associate Director of Navigation Center and Services will be responsible for the performance of all Year-Round Emergency Shelter Program, Services, and Outreach Activities in Orange County. Their primary responsibilities include program management, development, and community relations, which includes supervising the staff and operations of the Year-Round Emergency Shelter Program. They will oversee scheduling and coordination of Shelter sites and services, implement new services, and assist in various aspects of staff's duties.”

All Shelter operations and staff will be supervised by the full time Associate Director of Navigation Center and Services. The Associate Director will be a full time, salaried position with an associate degree and at least 2 years of direct life experience working with long -term homeless, low income, and diverse populations. The Associate Director will be responsible for coordinating program services for the Year-Round Emergency Shelter Program. Primary responsibilities include supervising support staff. This position may require the transportation of supplies. This position will report directly to the Chief Program Officer.”

Four (4 FTE) Case Managers: The Case Managers will have a background in substance use services, peer support, and/or workforce development to enhance the supportive services offered on-site. We aim to hire staff with a variety of backgrounds to help connect with the residents on site in a meaningful way.

Four (4 FTE) Employment and Housing Specialists: The Employment and Housing Specialists will provide residents with intensive housing- and employment-focused case management. They will also engage with the area businesses and landlords to establish relationships and generate opportunities for residents.

One (1 FTE) Operations Associate: The Operations Associate will provide general operations and maintenance support as well as lead the weekday ¼ mile walks around The Center.

Two (1.5 FTE) Transportation Specialists: The Transportation Specialists will pick-up and drop-off residents at pre-determined points on the designated schedule. When not transporting residents, he/she will pick-up meals or food donations.

Two (2 FTE) Clinical Case Managers: The Clinical Case Managers have more experience in providing intensive case management services (ICMS) and supporting residents with mental health concerns. They will offer clinical groups on-site and support residents with securing and Exhibit C

attending mental health appointments.

One (1 FTE) Volunteer Coordinator: The Volunteer Coordinator will recruit, enroll, train and manage Center volunteers as well as solicit and manage donations.

Volunteers will assist with daily ongoing operations of the shelter as needed. Volunteers will be needed 7 days per week to help both in the evening up to 8 volunteers (5 -8 pm, morning hours up to 4 volunteer (5-lO am) and mid-day hours up to 10 volunteers (11-4). Volunteers will be assisting with set­ up, clean-up, preparing and serving meals, intake, laundry, daytime activities, reservation calls, administrative duties and donations.

Volunteers will be assigned to duties that are appropriate for their age and activity level. It is important that volunteers be reliable, and that staff treat them as a vital component of shelter operations.

All the positions requirements and descriptions will be available in the Shelter Operator's Human Resources Department and will be also made readily available to all staff. Please see attached job descriptions.

Draft Daily Staffing

Security 11:00 p.m. - 7:00 a.m.

Security 11:00 p.m. - 7:00 a.m.

Employment/Housing Navigator* 7:00 a.m. - 3:30 p.m.

Employment/Housing Navigator* 8:00 a.m. - 4:30 p.m.

Volunteer Coordinator 9:00 a.m. - 5:30 p.m.

Security Lead 7:00 a.m. - 3:30 p.m.

Employ/ Housing Navigator* 3:00 p.m. - 10:30 p.m.

Employ/ Housing Navigator* 4:00 p.m. - 11:30 p.m.

Security 3:00 p.m. - 11:30 p.m.

Operations Manager 9:00 a.m. - 5:00 p.m.
* Case Management staff will support on evenings and weekends **Associate Director will have a flexible schedule offering day and/or night support throughout the week as needed

B. Policies for Staff Training

All Navigation Center staff will be trained when hired in emergency evacuation, first aid procedures, mandated reporting policies, crisis intervention, and CPR procedures. This training will be repeated and updated annually and as needed. PROVIDER requires initial and ongoing staff training on the operations of the site as well as a variety of therapeutic interventions and Evidence Based Practices.

Trainings include Non-Violent Crisis Intervention , Harm Reduction , Motivational Interviewing, Cultural Competency, Trauma Informed Care, Gender Sensitivity Training, Mental Health First Aid, Domestic Violence and Seeking Safety. Other training may be implemented based on the needs of the client population.

Each staff member also receives on -going in-service training in crisis management. Staff will also be trained in Strength Based Approaches and positive communication skills. Each staff member will be required to attend annual training to update and improve their knowledge. Documentation of training will be kept in each employee's file by the Associate Director and is provided to the Director of Human Resources for filing, when appropriate.

Security staff will be provided sensitivity training to better equip them to work with homeless clients, and those in crisis.

1. Emergency Procedures - Evacuation, First Aid, and CPR, 911 Reporting

Navigation Center staff will be trained in fire, earthquake, and chemical spill evacuation procedures when hired and annually. Evacuation drills with all staff and clients will be held and recorded quarterly. Evacuation protocols will be recorded at the Service Desk for reference.

Evacuation maps will be posted throughout the facility. All staff will be trained in first aid and CPR procedures annually. 911 reporting will be taught in orientation and reviewed annually. CPR certificates will be kept in staff files. Universal precautions will be followed.

2. Safety Conduct - Prevention of Abuse, Crisis Intervention, Conflict Resolution

PROVIDER will have a required training program in prevention of child abuse, vulnerable adult abuse, child abuse reporting, and sexual harassment titled. Each staff will complete this training program annually. Certificates of completion will be recorded in Human Resource files.

Navigation Center staff will complete a course in conflict resolution and crisis intervention (non- violent crisis intervention) upon hire and annually. Documentation of completion will be recorded in staff file.

3. Appropriate Behavior for Dignity and Respect

Operations, Program, Administrative and Management staff will be trained in a Strengths Based Perspective model (including Trauma Informed Care) of client care. They will be trained regularly, including at time of hire, on the best methods of working with, treating, and responding to clients who have had difficult and traumatic life experiences. Each staff member will be expected to put these models to use in every interaction they have with clients and potential clients. Staff members will be offered training regularly and exp ected to participate actively. Notice of completion will be recorded in staff files, and each staff member should have access to this information in the readily - available staff handbook.

4. Communication

Shelter staff will undergo classes in communication skills - such as handling phone calls,

confidentiality policies, crisis management and de -escalation of conflict. The communication skills will be reinforced through practice and reviewed at regular staff meetings as warranted. Courses covering topics such as communication skills with mentally ill persons, receptionist skills, communication with difficult people, and conflict resolution will be completed. This training should be done at least monthly and will provide more often, and individually, as needed.

5. Resources and Referrals

Operations, Program, and Employment and Housing Navigator Staff will be oriented to resources, homeless services, and organizations for collaboration and referral. They will also be highly trained staff to connect clients to the Coordinated Entry System, a s a system designated Entry Point. Staff representatives will attend the Homeless Provider Forum, Case Management Forum, and Implementation Committees for the Ten-Year Plan to End Homelessness in Orange County.

Resource lists will be updated monthly and kept on-site.

Protocols for offering and accepting referrals from other agencies will be in place, reviewed by staff, updated, and kept in manual on-site.

6. Mental Health and Addiction Skills

All Program staff will be trained in mental health first aid. There is a general expectation for all PROVIDER staff to remain compliant and informed of any new mental health first aid procedures and regulations. Staff will be trained in symptoms of drug abuse, and referrals for treatment.

Recovery programs will be encouraged, and off-site referrals will be made as appropriate.

Though sobriety will be not a requirement to stay in the shelter or participate in services, clients will be expected to be able to practice self -care, follow all rules and regulations, and behave appropriately and respectfully toward staff, volunteer, and other clients. Drug use while at the shelter will be prohibited and will result in immediate exit from the program.

7. Self - Care

Regular staff meetings will be held for all staff. Part of the purpose of these meetings will be communication and processing of stressors while working in the difficult environment of a large- scale Year-Round Emergency Shelter Program. Staff will be welcome to participate in team-building activities throughout the year, including holiday parties, and events with co-workers.

All staff will be trained in effective communication with coworkers and in proper techniques to address coworker harassment and stressors and will be made aware of the importance in practicing self-care. Staff will be informed of an open -door policy with s upervisors and the Director of the Human Resources department.

8. Annual Staff Evaluation and Training Plan

All staff will be evaluated by their direct supervisor at 90 days from their hire date and at quarterly intervals. The evaluation form will be stored in the employee file held at the Human Resource office.

9. Documentation of Staff Training

Attendance of and participation in staff training will be recorded in each staff file by the Associate Director. Training required by all staff members will be also recorded in the Human Resources file to ensure each member's knowledge and information will be up-to-date.

C. Volunteer Policies

1. Selection, Screening, and Background Checks

The Navigation Center Volunteer Coordinator will actively recruit through a variety of sources, including schools, church groups, and community programs. Volunteer Coordinators will hold regular Volunteer Recruitment events in order to increase the number of volunteers that ser ve at the Year- Round Emergency Shelter Program.

Individuals as well as groups will be invited to volunteer at the shelter. It is recommended that children 13 and older will be able to volunteer, however they must be accompanied by an adult or legal guardian and both adults and guardians must be register ed to volunteer on the day they appear.

All potential volunteers will be screened for sex offenses and criminal background checks before being confirmed for volunteer duty.

2. Orientation and Training

PROVIDER will include a Volunteer Coordinator position(s) in its staffing plan to support volunteer coordination efforts at the shelter. The Volunteer Coordinator will handle scheduling, orientation and training of the volunteers.

Before beginning service, volunteers will be provided an Application and Agreement that includes information about volunteer duties, appropriate conduct with clients, staff, and other volunteers.

Each volunteer will be required to sign this Agreement befor e they will be assigned a duty at the shelter. Volunteers who do not agree with the requirements or refuse to sign will not be assigned a duty and will not be able to volunteer at the shelter.

Volunteers will sign up for an open position, time and date using online volunteer scheduling software. Volunteer Coordinators will call and confirm volunteer's date and time and to provide them with the location of the shelter and any necessary important information.

Volunteers will be trained on -site at tasks by the Volunteer Coordinator on duty. Any tasks that require a trained staff member will be supervised by that staff member to ensure accuracy and cleanliness.

Volunteers will be given opportunities to attend community forums and events to receive more training about community resources and network with other community agencies.

Volunteers will be expected to adhere to a strict code of ethics and standards. Those found in violation of this code will be removed from the facility and may be limited in future volunteer opportunities.

The volunteer code of ethics includes the following:

a. Each volunteer must maintain a firm commitment to professional conduct

Volunteers of the Navigation Center will be expected to maintain the highest level of moral, ethical, and professional conduct while at the site. Volunteers will not engage in verbal abuse, inappropriate jokes and stories, and or any type of inappropriate interaction with Navigation Center staff or clients.

b. Limiting Relationships with Clients

Volunteers will be prohibited from developing dual relationships with any clients they meet through their volunteer involvement at the Year-Round Emergency Shelter Program. Examples of dual relationships include (but will be not limited to) a volunteer entering into a business, romantic, or sexual relationship with a client. Soliciting clients for their business will be strictly prohibited.

Volunteers will be not allowed to be named as having authority to make decisions for a client under any type of power of attorney or other legal procedure.

c. Food and Other Substances

Volunteers will not consume any food items or drinks purchased by the Navigation Center while volunteering. Food and drinks will be purchased solely for the consumption of the homeless clients.

However, donated food may be shared for purposes of client engagement ( i.e. Having meals together reduces the feeling of institutionalization). Volunteers must also commit to not consuming any type of illicit drugs on the property while volunteering. Volunteers who appear to be under the influence of any substance that impedes their ability to perform their duties safely and efficiently may be turned away.

d. Discrimination

Volunteers will not discriminate against any client. They will not judge an individual based on their race, disability, religious preference, sexual orientation, color, age, veteran status, citizenship, ancestry, national origin or gender.

e. Volunteer Boundaries

Volunteers will be not permitted to loan or give money to clients, should not meet with clients outside of the Navigation Center without permission from program staff, and will be not allowed to drive clients in their vehicles.

f. Commitment

The Navigation Center will be reliant upon the work of volunteers. This commitment should be taken seriously.

3. Identifiable Lines of Authority

Volunteers will be informed of identifiable lines of authority in their Application Packet.

Volunteers will defer to the Volunteer Coordinator on duty to give resources, referrals, and handle situations beyond their responsibility and volunteer agreement.

Volunteers will also have access to the Associate Director or lead staff member on site, for questions and grievances.

All volunteers will be provided with a name tag identifying them as such.

4. Descriptions of Volunteer Tasks

The Navigation Center Volunteer Coordinators will ensure all volunteers will be provided with a task and description of any duties they might perform. Tasks and duties include, but will be not limited to:

• Setting up and breaking down tables for dinners and breakfasts • Distributing donations and hygiene items
• Organizing and setting up donations of clothing
• Helping direct lines to donations and food
• Serving meals, setting up snacks and drinks for clients • Conducting activities related to site programming

*Please note that the Management, Operations and Public Safety Plan is subject to change based on the needs of clients, Fire and Emergency services, City and site operator.*

SECTION V. ATTACHMENTS – PROVIDER TO COMPLETE THIS SECTION

PROVIDER TO ADD THE FOLLOWING INFORMATION AS ATTACHMENTS A. Job Descriptions
B. Shelter Client Rules
C. Volunteer Policies

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

60 EXHIBIT D – CITY OF PLACENTIA

INSURANCE REQUIREMENTS

EXHIBIT B

INSURANCE REQUIREMENTS

A. Minimum Scope and Limits of Insurance

City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Co ntractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.

Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

1. Commercial General Liability Insurance

Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury and personal and advertising injury with a policy limit of not less than Five Million Dollars ($5,000,000.00) per occurrence and Ten Million Dollars ($ 10,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the high er limits maintained by the Contractor.

2. Business Automobile Liability Insurance

Business automobile liability for all owned, hired, leased, and non-owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Five Million Dollars ($ 5,000,000.00) combined single limit per accident. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.

3. Workers’ Compensation and Employer’s Liability Insurance

Workers’ compensation insurance as required by the State of California and Employer ’s Liability Insurance with a minimum limit of Three Million Dollars ( $3,000,000.00) per accident for any employee or employees of Contractor . Contractor agrees to waive and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers for losses arising from work performed by C ontractor for the Cit ies and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By signing this Agreement, the Contractor acknowledges and agrees to the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this Section.

4. Professional Errors and Omissions (“E&O”) Liability Insurance

Professional errors and omissions (“E&O”) liability insurance on an occurrence based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Contractor must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Project Manager for review. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.

5. Sexual Abuse and Molestation Liability Insurance

Sexual abuse and molestation liability coverage with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) general aggregate. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.

6. Standards for Insurance Companies

All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide.

B. Documentation and Other Provisions

1. The commercial general liability insurance policy, business automobile liability policy, and sexual abuse and molestation liability policy shall be endorsed to contain the following:

The Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; its officers ; officials; agents; employees; and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor ; and automobiles owned, leased, hired, or borrowed by the Contractor . General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations f orms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days ’ written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Contrac tor’s sole cost and expense.

3. The Contractor’ s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers. Any other insurance maintained by the Cities shall be excess and not contributing with the insurance provided by this policy.

4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers.

5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

6. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

7. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers are additional insureds on insurance required from subcontractors.

8. Contractor agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the Cities of Placentia; Brea; Buena Park; Cypress; Fullerton; La Habra; La Palma; Los Alamitos; Orange; Stanton; Yorba Linda; Villa Park; its officers; officials; agents; employees; and volunteers for losses arising from work performed by Contractor for the Cities and to require each of its subcontractors, if any, to do likewise under their insurance policies.

9. Coverage shall be on a standard occurrence form. Claims-made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable.

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

61 EXHIBIT E – CITY OF BUENA PARK SAMPLE

CONTRACT

CONTRACT #

FOR

Year-Round Emergency Shelter/Multi-Service Center
Program [NAME]

BETWEEN
CITY OF ____________
AND

_______________________________.

ATTACHMENTS
Attachment A - Scope of Services
Attachment B – Center Management, Operations, and Public Safety Plan Attachment C – Payment / Compensation
Attachment D – HEAP Agreement
Attachment E – N-SPA MOU

2 Contract # ____
By and Between
The City of ________________, California,
and
_________________________________
. for
Year-Round Emergency Shelter/Multi-Service Center Program:
________________________________

This Contract # _____for Year-Round Emergency Shelter/Multi-Service Center Program (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the City of ___________________, a California charter city, hereinafter referred to as “ City,” and ___________________________ (hereinafter referred to as “Contractor”), with the City and Contractor sometimes referred to as “Party” or collectively as “Parties.”

RECITALS

WHEREAS, City desires to enter into this Contract with Contractor to provide, as an independent contractor, comprehensive operation and management services for the City -owned navigation center for homeless persons, as such center is currently being developed, and will be located and operated at ___________________________, California (the “Center”);

WHEREAS, Contractor was selected by the City following a competitive “request for proposals” process, during which Contractor demonstrated, and Contractor hereby represents, that it is fully qualified to perform services and activities as further set forth in the “Scope of Services, ” (or “Services”) attached hereto as Attachment A; and

WHEREAS, the Parties desire memorialize the terms and conditions by which Contractor will provide the Scope of Services to the City by way of this Contract.

NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES

1. GENERAL TERMS AND CONDITIONS:

A. Governing Law and Venue: This Contract has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties s pecifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.

3 B. Entire Contract: This Contract, Attachments A, B, C, D and E, the City’s Request for Proposals No. __________________, and Contractor’s proposal in response thereto dated ____________________, contain the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any City employee or agent, including but not limited to installers of software, shall not be valid or binding on City unless accepted in writing by City’s Contract Administrator.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in writing.

D. Delivery: Time of delivery of goods or services is of the essence in this Contract. City reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions , or services that do not conform to the prescribed scope of services. Acceptance of any part of the order for goods shall not bind City to accept future shipments nor deprive it of the right to return goods already accepted at Contractor’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by City.

Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by City.

E. Acceptance Payment: Unless otherwise agreed to in writing by City, 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of City, and 2) payment shall be made in arrears after satisfactory acceptance.

F. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained below, it shall indemnify, defend and hold City and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney’s fees.

G. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Cont ractor without the express written consent of City. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of City shall be invalid and shall constitute a breach of this Contract.

H. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any

4 subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

I. Termination: In addition to any other remedies or rights it may have by law, City has the right to immediately terminate this Contract without penalty for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by City of its right to terminate the Contract shall relieve City of all further obligation.

J. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

K. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of City. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers’ compensation or other fringe benefits of any kind through City.

L. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to City’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of City required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

M. Insurance Requirements: Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor’s expense, including all endorsements required herein, necessary to satisfy the City that the insurance provisions of this Contract have been complied with.

Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the City during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor.

Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by City from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through

5 the entirety of this Contract for inspection by City representative(s) at any reasonable time.

All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self - insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the City’s Risk Manager, or designee, upon review of Contractor’s current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:

1) In addition to the duty to indemnify and hold the City harmless against any and all liability, claim, demand or suit resulting from Contractor’s, its agents, employee’s or subcontractor’s performance of this Contract, Contractor shall defend the City at its sole cost and expense with counsel approved by the City Council against same; and

2) Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and

3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor’s SIR provision shall be interpreted as though the Contractor was an insurer and the City was the insured.

If the Contractor fails to maintain insurance acceptable to the City for the full term of this Contract, the City may terminate this Contract.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property -Casualty/United States or ambest.com ). It is preferred, but not mandatory, that the insurer be licensed to do business in the State of California (California Admitted Carrier).

If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below:

Coverage Minimum Limits
Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate

Automobile Liability including coverage $1,000,000 per occurrence for owned, non-owned and hired vehicles

Workers Compensation Statutory

Employers Liability Insurance $1,000,000 per occurrence

6 Network Security & Privacy $1,000,000 per claims-made Liability

Employee Dishonesty (if applicable) $100,00 per occurrence (limit Commensurate with exposure)

Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the City of ____________________ its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.

2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor’s insurance is primary and any insurance or self-insurance maintained by the City of ____________________ shall be excess and non- contributing.

The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement naming the City of __________________, its elected and appointed officials, officers, agents and employees as Additional Insureds for its vicarious liability.

2) A primary and non-contributing endorsement evidencing that the Contractor’s insurance is primary and any insurance or self -insurance maintained by the City of ____________________ shall be excess and non-contributing.

The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the City of _________________, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.

All insurance policies required by this Contract shall waive all rights of subrogation against the City, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.

7 The City shall be the loss payee on the Employee Dishonesty coverage. A Loss Payee endorsement evidencing that the City is a Loss Payee shall accompany the Certificate of Insurance.

Contractor shall notify City in writing within thirty (30) days of any policy cancellation and ten (10) days for non -payment of premium and provide a copy of the cancellation notice to City.

Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the City may suspend or terminate this Contract.

If Contractor’s Network Security & Privacy Liability are “Claims-Made” policy(ies), Contractor shall agree to maintain coverage for two (2) years following the completion of the Contract.

The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).

Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by the Contract Administrator, award may be made to the next qualified vendor.

City expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by City of ____________________ Risk Manager as appropriate to adequately protect City.

City shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with City incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and City shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverag e and limits available from the insurer.

N. Changes: Contractor shall make no changes in the Scope of Services, or perform any additional work without the City’s specific advanced written approval.

O. Change of Ownership: Contractor agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion of this Contract, and the City agrees to an assignment of the Contract, the new owners shall be required under terms of sale or other transfer to assume Contractor’s duties and obligations contained in this Contract and complete them to the satisfaction of the City.

City reserves the right to immediately terminate the Contract in the event the City determines

8 that the assignee is not qualified or is otherwise unacceptable to the City for the provision of Services under the Contract.

P. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to City within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

Q. Confidentiality: Contractor agrees to maintain the confidentiality of all City and City- related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor’s staff, agents and employees.

R. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, b ut not limited to those issued by City in its governmental capacity and all other laws applicable to the services at the time Services are provided to and accepted by City. Contractor acknowledges that City is relying on Contractor to ensure such complianc e, and pursuant to the requirements of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold City and City Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

S. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

T. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, the prevailing party shall be entitled to recover its attorneys’ fees, costs, and expenses reasonably incurred in the prosecution or defense of such action or proceeding.

U. Interpretation: This Contract has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to accomplish the purposes of the parties and this Contract.

V. Employee Eligibility Verification: The Contractor warrants that it fully complies with all

9 Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., a s they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by City, and hold harmless, the City and its City Indemnitees, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the City or City Indemnitees or its agents or any combination of the three in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

W. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by City, and hold City, its elected and appointed officials, officers, employees, and agents (“City Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to Contractor ’s performance or non-performance of this Contract, and/or the provision of Services hereunder. If judgment is entered against Contractor and City by a court of competent jurisdiction because of the concurrent active negligence of City or City Indemnitees, Contractor and City agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

AA. Audits/Inspections: Contractor agrees to permit the City’s Director of Finance, or the ir authorized representative (including auditors from a private auditing firm hired by the City, or a designated representative from the N-SPA, as described further below) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The City will provide reasonable notice of such an audit or inspection.

The City reserves the right to audit and verify the Contractor’s records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the City to audit records and interview staff of any subcontractor related to performance of this Contract.

Should the Contractor cease to exist as a legal entity, the Contractor’s records pertaining to this Contract shall be forwarded to the City’s Project Manager.

10 BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon receipt of funds from, and/or obligation of funds by, Federal, State of California and/or other local governments, as well as the inclusion of sufficient funding for the Services hereunder in the City’s annual budget approved by the City Council for each fiscal year covered by this Contract. If such approval, funding or appropriations are delayed, not forthcoming, or are otherwise limited, City may delay the payment of Compensation (as defined below) to Contractor, or otherwise immediately terminate or modify this Contract without penalty or any liability to Contractor whatsoever . City shall endeavor to provide reasonable advance notice to Contractor of anticipated funding shortfalls, but the failure of the City to provide such notice shall not operate to waive the City’s rights under this section.

CC. Expenditure Limit: The Contractor shall notify the City’s assigned Contract Administrator in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The City will not be responsible for any expenditure overruns and will not pay for Services exceeding the dollar limit on the Contract unless a written and approved change order to cover those costs has been issued; and, if necessary, approval by the City Council.

DD. Compliance with Grant Requirements. The Contractor acknowledges that among the sources of the compensation paid by City under this Contract are grant funds received from the State of California’s Homeless Emergency Aid Program (“HEAP”), and that the City’s use of such grant funds is subject to that certain “Agreement Between the City of ____________________ and the County Of Orange for the Capital Improvement of a Homeless Shelter,” dated January 22, 2019, as well as the “Standard Agreement” that is a set forth in Exhibits “A” through “D” to the HEAP Agreement (cumulatively the “HEAP Agreement”). The HEAP Agreement is set forth as Attachment D to this Contract, and as required by the terms thereof, Contractor hereby agrees to abide by the terms and conditions set forth in such HEAP Agreement, and the same is incorporated fully herein by this reference, and to otherwise provide reasonable suppor t to the City in connection with demonstrating its compliance with the HEAP Agreement . In the event of a conflic t between the terms and conditions of this Agreement, and those of the HEAP Agreement, the latter shall govern.

EE. N-SPA Memorandum of Understanding. The Contractor acknowledges that the Center is being developed and operated in corroboration with other local governments located within the North Service Planning Area of Orange County , and the Center will serve residents of such jurisdictions, which jurisdictions in turn will be contributing funds towards the costs of construction and operation of the Center. Such local governments have entered into that certain “Memorandum of Understanding for the North Orange Cou nty Service Planning Area,” as the same is attached as Exhibit “F” hereto (“N -SPA MOU”), which memorializes their respective rights and obligations with respect to the Center. Contractor hereby agrees to abide by the applicable terms and conditions set for th in such N -SPA MOU, and the same is incorporated fully herein by this reference, and to otherwise provide reasonable support to the parties to the N-SPA MOU in furtherance of the purposes of the same.

FF. Safety Requirements. All work performed under this Contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to the Contractor wh en

11 unsafe or harmful acts are observed or reported relative to the performance of the Services. The Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. The Contractor shall immediately report to th e City any hazardous condition noted by the Contractor.

2. CONTRACT TERM AND CONDTIONS
A. Scope of Contract: This Contract specifies the contractual terms and conditions by which the City will procure services from Contractor, and Contractor shall perform such Services for City as further detailed in the Scope of Services, identified and incorporated herein by this reference as “Attachment A”.

B. Term of Contract: This Contract shall commence on a date, following the full execution of the Contract, on which the City issues a notice to proceed to Contractor, Effective Date”) , and continue for a term of ________ calendar years from the Effective Date , unless otherwise terminated by the City (“Initial Term”).

C. Renewal: This Contract may be renewed by mutual written agreement of both Parties for up to __________ additional one-year extensions after the Initial Term, for an aggregate term not to exceed ___________________; subject to acceptable performance by the Contractor, acceptable fee proposals from Contractor, and subject to the terms and conditions of this Contract. Renewal periods are subject to approval by the City Council.

D. Compensation: The total Maximum Compensation of City to the Contractor for the Services provided during each calendar year of the Initial Term shall be ____________________________, as further detailed in Contractor’s proposal attached as Attachment A-1, and in Attachment “C”.

E. Amendments - Changes/Extra Work: The Contractor shall make no changes to this Contract without the City’s written consent. In the event that there are new or unforeseen requirements, the City has the discretion with the Contractor’s concurrence, to make changes at any time without changing the scope or price of the Contract.

If City-initiated changes or changes in laws or government regulations affect price, the Contractor’s ability to deliver services, or the project schedule, the Contractor will give City written notice no later ten (10) days from the date the law or regulation went into effect or the date the change was proposed and Contractor was notified of the change. such changes shall be agreed to in writing and incorporated into a Contract amendment. Said amendment shall be issued by the City-assigned Contract Administrator, shall require the mutual consent of all Parties, and may be subject to approval by the City Council. Nothing herein shall prohibit the Contractor from proceeding with the work as originally set forth or as previously amended in this Contract.

F. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the City may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

1) Terminate the Contract immediately, pursuant to Section K herein;

2) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach;

12 3) Discontinue payment to the Contractor for and during the period in which the Contractor is in breach; and

Offset against any monies billed by the Contractor but yet unpaid by the City those monies disallowed pursuant to the above.

G. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary, to ascertain the nature and location of the Services to be performed under this Contract; and to know the general conditions which can affect the Services or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the Services without additional cost to the City. The City assumes no responsibility for any understanding or representations concerning the n ature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the City are expressly stated in the Contract.

H. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

I. Conflict of Interest – Contractor’s Personnel: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

J. Conflict of Interest – City Personnel: Federal, state, and local laws, as well as City Council policies, prohibit City employees and contractors from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any City employee for any purpose, or otherwise engage in conduct that creates a conflict -of-interest, or the appearance of a conflict-of-interest.

K. Consulting Contract – Follow-On Work: No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services contract , or a contract which includes a consulting component, may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end -product of work performed under the initial consulting to consu lting-related Contract.

L. Project Manager, City: The City shall appoint a Project Manager to act as liaison between the City and the Contractor during the term of this Contract. The City’s Project Manager shall coordinate the activities of the City staff assigned to work with the Contractor.

13 The City’s Project Manager, in consultation and agreement with the City, shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel. The City’s Project Manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the City’s Project Manager. The City is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor’s Project Manager from providing further Services under the Contract.

M. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct the Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project Manager shall be subject to approval by the City and shall not be changed without the written consent of the City’s Project Manager, which consent shall not be unreasonably withheld.

The Contractor’s Project Manager, in consultation and agreement with City, shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and Services to meet the project time lines.

N. Contractor Personnel – Reference Checks: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory education, training, experience, and work records indicating their ability to adequately perform the work under this Contract.

O. Child Support Enforcement: Contractor certifies it is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of the Contract with the City ____________________. Failure to comply shall constitute a material breach of the Contract and failure to cure such breach within 60 calendar days of notice from the City shall constitute grounds for termination of the Contract.

P. Data – Title To: All materials, documents, data or information obtained from the City data files or any City medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of this Contract.

Q. Licenses: At its own expense, Contractor and its subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Con tractor and his subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity.

R. Disputes – Contract.

1) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the City’s Project

14 Manager, such matter shall be brought to the attention of the Contract Administrator by way of the following process:

a. The Contractor shall submit to the agency/department assigned Contract Administrator a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the City, on its own initiative, has already rendered such a final decision.

b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the City is liable.

2) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract.

3) Any final decision of the City shall be expressly identified as such, shall be in writing, and shall be signed by the Director. If the City fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. Nothing in this section shall be construed as affecting the City’s right to terminate the Contract for cause or termination for convenience as stated in Section K herein.

S. Emergency/Declared Disaster Requirements: In the event of an emergency or if City is declared a disaster area by the City, State or Federal government, this Contract may be subjected to unusual usage. The Contractor shall service the City during such an emergency or declared disaster under the same terms and conditions that apply during non -emergency/disaster conditions. The pricing quoted by the Contractor shall apply to serving the City’s needs regardless of the circumstances.

If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor’s supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number.

T. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as Project Manager and key personnel attached hereto, prior to submission to the City.

Contractor agrees that City review is discretionary and Contractor shall not assume that the City will discover errors and/or omissions. If the City discovers any errors or omissions prior to

15 approving Contractor’s reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the City or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after City approval thereof, City approval of Contractor’s reports, files or documents shall not be used as a defense by Contractor in any action between the City and Contractor, and the reports, files or documents will be returned to Contractor for correction.

U. Non-Supplantation of Funds: Contractor shall not supplant any Federal, State, or City funds intended for the purposes of this Contract with any funds made available under this Contract.

Contractor shall not claim reimbursement from City for, or apply sums received from City with respect to, that portion of its obligations which have been paid by another source of revenue.

Contractor agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for the purposes of obtaining Federal, State, or City funds under any Federal, State, or City program without prior written approval from the City.

V. Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of City. City’s staff will interpret all reports and determine the quality, acceptability and progress of the services rendered.

W. Access and Records:

1) City, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Contractor’s activities, books, documents and papers (including computer records and emails) and to records of Contractor’s subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Contractor shall insert this condition in each Contract between Contractor and a subcontractor that is pursuant to this Contract shall require the subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Contractor are kept. Contractor shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by the City which shall be deemed received upon date of sending.

In the event Contractor does not make the above referenced documents available within the City of ____________________, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City, or City’s designee, in conducting any audit at the location where said records and books of account are maintained.

2) All accounting records and evidence pertaining to all costs of Contractor and all documents related to this Contract shall be kept available at Contractor’s office or place of business for the duration of this Contract and thereafter for five (5) years after completion of an audit.

Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which City or any other governmental department takes exception, shall be retained beyond the five (5) years until final resolution or disposition of such appeals, litigation, claims, or

16 exceptions. Moreover, records which are necessary to demonstrate the City and/or Contractor’s compliance with federal, state, or local grant funding shall be retained beyond the five (5) years until grant closure.

X. Liability. Contractor shall pay to City the full amount of City’s liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Contractor’s failure to perform under this Contract.

Y. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties.

Z. Reports/Meetings: The Contractor shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in this contract. The City’s Project Manager and the Contractor’s Project Manager will meet on reasonable notice to discuss the Contractor’s performance and progress under this contract. If requested, the Contractor’s Project Manager and other project personnel shall attend all meetings. The Contractor shall provide such information that is requested by the City for the purpose of monitoring progress under this contract.

AA. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the City. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the City shall be invalid and shall constitute a breach of this Contract.

In the event that the Contractor is authorized by the City to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor, and shall incorporate by reference the terms of this Contract. The City shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the City of Orange.

BB. Equal Employment Opportunity: The Contractor shall comply with U.S. Executive Order 11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment pract ices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor

17 agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

CC. Gratuities: The Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the City with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the City shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the City in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the City provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

DD. News/Information Release: The Contractor agrees that it will not issue any news releases in connection with either the award of this Contract , any subsequent amendment of or effort under this Contract, or relating to the Center or Contractor’s performance of the Services, without first obtaining review and written approval of said news releases from the City.

EE. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the Parties routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in-person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

For City:

For Contractor:

FF. Ownership of Documents: The City has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the

18 City.

GG. Precedence: The Contract documents consist of this Contract and its attachments and exhibits. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the attachments and exhibits.

HH. Termination – Orderly: After receipt of a termination notice from the City of Orange, the Contractor may submit to the City a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. Upon termination City agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract.

3. CENTER OPERATION TERMS AND CONDTIONS

A. Debarment: Contractor certifies that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 CFR Part

98. B. Fraud: Contractor shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity under this contract. Contractor shall inform staff and the general public of how to report fraud, waste or abuse through ap propriate postings of incident reporting notice.

C. Fiscal Accountability:

1. Financial Management System : Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Contractor’s system shall provide fiscal control and accounting procedures that will include the following:
i. Information pertaining to tuition rates, payments, and educational assistance payments; and
ii. Source documentation to support accounting records; and iii. Proper charging of costs and cost allocation.

2. Contractor’s Record: Contractor’s records shall be sufficient to:
i. Permit preparation of required reports; and
ii. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; and iii. Permit the tracking of program income, or profits earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for; iv. Permit tracking and reporting of leveraging as required.

3. Costs Charged: Cost shall be charged to this contract only in accordance with the City and

19 other requirements as required by funding source(s).

D. Performance Standards: Contractor shall comply with and adhere to the performance accountability standards as described in this Contract and applicable regulations and the activity levels to be utilized by City for program evaluation and monitoring.

E. Expenditures: Contractor agrees that the expenditures of any and all funds under this Contract will be in accordance with the terms and conditions of this Contract, the HEAP Agreement, N - SPA MOU, and applicable federal, state, and local laws.

F. Payment Requirements: If funding levels are significantly affected by Federal or California budgets and funds are not allocated and available to City for the continuance of the Services performed by Contractor, the Contract may be terminated by the City at the end of the period for which funds are available. The City shall notify Contractor at the earliest possible time of any service, which will or may be affected by a shortage of funds. No penalty shall accrue to the City in the event this provision is exercised and the City shall not be obligated nor liable for any damages as a result of termination under this provision of this Contract, and nothing herein shall be construed as obligating the City to expend or as involving the City in any Contract or other obligation for future payment of money in excess of appropriations authorized by law.

1. Contract Amount: It is expressly agreed and understood that the total amount to be paid by City under this Contract shall not exceed the total City funding as set forth in Attachment C - Payment/Compensation to Contractor attached hereto and incorporated herein by reference.

2. City will reclaim any unused balance of funds for reallocation to other City approved and lawful purposes.

3. Payment of Project Activities:
a. Payment of Project Activities: City will reimburse Contractor for eligible project - related costs only. Contractor shall submit requests for reimbursement to City on a monthly basis beginning the first day of the first full calendar month following the Effective Date, and must provide adequate documentation as required by City in accordance with the Reimbursement Policy, as set forth in Exhibit 1, attached hereto and incorporated herein by reference. In addition, Contractor will provide a monthly performance report by the 20th of the month for the preceding month of services, as prescribed by City. Failure to provide any of the required documentation and reporting will cause City to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Contractor, until such documentation and reporting has been received and approved by City.
b. If Contractor has no request for reimbursement during any quarter during the term of this Contract, a monthly performance report, including and explanation as to why no invoices were being processed, shall be required in lieu of a request for reimbursement.
c. Contractor will have forty-five (45) days following the expiration of the Contract to submit outstanding invoices for reimbursement of eligible costs incurred during the Contract period. After the forty -five (45) day period for submitting invoices has expired, City shall reallocate the remaining balance under this Contract for other program purposes and Contractor shall be ineligible for any further reimbursement.

20 4. Funds shall not be disbursed for any costs incurred prior to the certification by City of Certificate(s) of Insurance as further defined in the “Insurance Requirements” of this Contract.

5. Eligible costs related to services provided by Contractor must be incurred during the term of this Contract. The Project shall be completed and all funds provided through this Contract shall be expended on eligible Project activities through and including the term hereof.

6. Advances. Notwithstanding the foregoing , upon written request and justification of an immediate need based upon cash forecasting from Contractor, and subject to the City’s actual receipt of applicable federal, state, or local grant funding or contributions, City may advance to Contractor a portion of City’s maximum obligation hereunder. Project Manager shall reduce the amount of monthly payments in the third, fourth, and fifth months by an equal amount of any advance payment, under the provisions above, to recover any outstanding advance or part thereof. Such recovery may not exceed the total of all outstanding advances. No monthly payment shall be made to Contractor which would result in less money remaining unpaid to Contractor than the total of advances made to Contractor.

G. Performance. Contractor shall provide the oversight, administration, and project management necessary to accomplish all contracted activities in a timely manner. Contractor also agrees to comply with all applicable Federal, State, and local laws and regulations governi ng the funds provided under this Contract.

H. Drug-Free Workplace: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace, and shall provide the City with certification of compliance on the forms and in the manner required by law.

I. Publicity, Literature, Advertisements, and Social Media:

1. City owns all rights to the name, logos, and symbols of City. The use and/or reproduction of City’s name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without City’s prior written consent is expressly prohibited.

2. Contractor may develop and publish information related to this Contract where all of the following conditions are satisfied:
a. City provides its written approval of the content and publication of the information at least 30 days prior to Contractor publishing the information, unless a difference timeframe for approval is agreed upon by the City;
b. Unless directed otherwise by City, the information includes a statement that the program, wholly or in part, is funded through City, State and Federal government funds [funds identified as applicable];
c. The information does not give the appearance that the City, its officers, employees, or agencies endorse:
d. any commercial product or service; and,
e. any product or service provided by Contractor, unless approved in writing by City; and, f. If Contractor uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Contractor shall develop social media policies and procedures and have them available to City.

21 Contractor shall comply with City Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract.

IN WITNESS THEREOF, the Parties have caused the execution of this Contract by their duly authorized representatives below.

[SIGNATURES TO BE ADDED]

ATTACHMENT A

SCOPE OF SERVICES

1) General. Contractor shall provide those Services set for in Contractor’s proposal, dated ____________________ a copy of which is attached hereto as Attachment A -1 and incorporated fully by this reference. Contractor shall be part of the City team to facilitate the successful construction of the facility located ____________________, for a suitable year-round transitional temporary homeless shelter and multi -service center (“Center”). Once the Center is constructed, the Contractor shall operate a year round, non -faith based, transitional shelter for initially 150 adults, providing shelter 365 days a year and accessible to the shelter residents 24 hours / day. In addition, the Center will include a multi -service center made available to homeless clients by the same operator who will coordinate a range of on -site, non -faith based programs and services provided on an in -kind basis by community partners. The Contractor shall be responsible for all day to day operations of the Cent er during the term of the Contract. All work shall be performed in accordance with all latest applicable codes, standards, and regulations.

2) Operations. Contractor shall manage and operate the Center consistent with the Contract, and the Center the Center Management, Operations, and Public Safety Plan described in Attachment B.

3) Repairs, Maintenance, Additions and Reconstruction . Throughout the term of the Contract, Contractor will be required, at Contractor’s sole cost and expense, to keep and maintain the Center and any and all improvements now or hereafter constructed and installed on the Center in good order, condition and repair and in a safe and sanitary condition and in compliance with all applicable laws in all material respects including, but not limited to, the landscaping, hardscaping, plumbing systems, fluorescent ceiling- mounted electric light fixtures; bulbs for fluorescent lights and related switches; windows; doors and locks, interior/non-structural/above-slab elements of the Center and all furnishings and equipment thereon, if applicable, and improvements constructed thereon in good order and repair (reasonable wear and tear excepted), and to keep said Facility in a neat, clean, orderly, safe, and sanitary condition. Said maintenanc e includes, but is not limited to, janitorial services, flooring care and the prevention of accumulation of any refuse or waste materials that might constitute a fire hazard or a public or private nuisance.

4) Requirements of Contractor. At all times during the term of the Contract, the Contractor, at Contractor’s sole cost and expense, will be required to observe and comply in all material respects with all Laws now or hereafter made or issued respecting the Center and/or the Improvements that are applicable to the Contractor.

ATTACHMENT A-1

[ATTACH CONTRACTOR’S PROPOSAL]

ATTACHMENT B

Center Management, Operations, and Public Safety Plan

The ____________________ "Navigation Center" (Center) Transitional, Temporary Homeless Shelter shall accommodate up to 150 clients initially, while providing access to a wide range of programs and supportive services. The Center shall provide safe shelter, basic needs, and navigation services to move individuals and families out of homelessness and into permanent housing opportunities. Clients shall be admitted with minimal, "low -threshold" requirements so that chronic and vulnerable homeless people in the nort h service planning area can easily enter and remain in shelter until they can find permanent housing. Those accessing the Center Shelter Program will include homeless single men and single women living on the streets in the North Service Planning Area of Orange County.

Contractor shall manage and operate the Center in compliance with the Operations Plan, which shall consist of: (1) Contractor’s proposal, ________________ and attached hereto as Attachment A-1; and (2) the N -SPA MOU. The City shall retain the discretion to review, amend, clarify, or otherwise modify the Management, Operations, and Public Safety Plan from time to time, and Contractor shall work in good faith with City staff to develop, update, and at all times maintain , and implement, an Operations Plan that accomplishes the purposes of the Contract and is compliant with applicable laws.

The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written approval of the City Project Manager. The City may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and time of the service/class.

ATTACHMENT C

PAYMENT/COMPENSATION

1. COMPENSATION:

This is a cost reimbursable CONTRACT between the CITY and the CONTRACTOR for up to $_______ per calendar year, commencing the Effective Date and continuing for a term of two (2) calendar years from the Effective Date, as set forth in Attachment A Scope of Services attached hereto and incorporated herein by reference. The CONTRACTOR agrees to accept the specified compensation as set forth in this CONTRACT as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the CONTRACTOR of all its duties and obligations hereunder. The CITY shall have no obligation to pay any sum in excess of the total CONTRACT amount specified unless authorized by an amendment in accordance with paragraphs C and R of the CITY’s General Terms and Conditions.

2. PAYMENT TERMS:

An invoice for the reimbursable costs shall be submitted to the address specified by the CITY upon the completion of the engagement and approval of the CITY Project Manager.

CONTRACTOR shall reference CONTRACT number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the CITY and verified and approved by the Director of Finance and subject to routine processing requirements of the CITY. The responsibility for providing an acceptable invoice rests with the CONTRACTOR.

Billing shall cover services not previously invoiced. The CONTRACTOR shall reimburse the CITY for any monies paid to the CONTRACTOR for services not provided or when services do not meet the CONTRACT requirements.

Payments made by the CITY shall not preclude the right of the CITY from thereafter disputing any items or services involved or billed under this CONTRACT and shall not be construed as acceptance of any part of the services.

3. INVOICING INSTRUCTIONS:

Further instructions regarding invoicing/reimbursement are attached hereto and incorporated herein by reference.

The CONTRACTOR will provide an invoice on CONTRACTOR’s letterhead for services rendered. Each invoice will have a number and will include the following information:

The Demand Letter/Invoice must include:

1. CONTRACTOR’s name and address

2. CONTRACTOR’s remittance address (if different from 1 above)

3. Name of CITY Department

4. CITY CONTRACT/MASTER AGREEMENT number

5. Service date(s) – Month of Service

6. Rate

7. Delivery Order (DO) / Subordinate Agreement Number

8. Deliverables / Service description (in accordance with Attachment A)

9. CONTRACTOR’s Federal I. D. number

10. Total

ATTACHMENT D

[INSERT HEAP AGREEMENT]

ATTACHMENT E

[INSERT N-SPA AGREEMENT]

RFP: TWO NORTH SPA NAVIGATION CENTERS
City of Placentia and City of Buena Park

62 EXHIBIT F – CITY OF BUENA PARK

MANAGEMENT AND OPERATIONS PLAN
(MOPS)