CITY OF FAIRFIELD
CLOSED SESSION MEETING
SPECIAL MEETING
TUESDAY, JUNE 4, 2024; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Cat Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.
Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K.
Patrice Williams, Vice-Mayor Pam Bertani, and Mayor Moy.
No persons wished to speak in person or via Zoom at public comment.
The City Council went into closed session on Item #1 - Conference with Legal Counsel re: Existing Litigation - Workers compensation claim by Chad Rowlett, Claim No. FFL1700058. Present were City Attorney David Lim, City Manager David Gassaway, Attorney Shannon Ripple, Human Resources Director Farbod Pirouzmand, Assistant Human Resources Director Angela Broaddus , and Police Chief Dan Marshall.
The City Council went into closed session on Item #2 - Public Employee Performance Evaluation re:
City Attorney.
The City Council came out of closed session.
Mayor Moy adjourned the meeting at 5:55 p.m.
______________________________
City Attorney
________________________________
Mayor Cat Moy
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CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
REGULAR CONCURRENT MEETING
TUESDAY, JUNE 4, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 6:06 p.m.
ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro , K. Patrice Williams; Vice Mayor Pam Bertani, and Mayor Moy.
INVOCATION
Pastor Christian Bravo of Liberty Church gave an invocation.
PLEDGE OF ALLEGIANCE
City Manager David Gassaway led the Pledge of Allegiance.
COUNCIL REPORTS
Councilmember Carr did not have a report.
Vice Mayor Bertani thanked everyone for coming and did not have a report.
Councilmember Panduro shared that she and the Fairfield Police Department adopted North Texas Street as a part of the Adopt-A-Street Program. There was an Adopt-A-Street Cleanup event this past Saturday with a good turnout. She also shared that she concluded the six-month Water Education for Latina Leaders (WELL) Fellowship Program which she gained exposure to California water history and impacts of climate change on the water supply and quality. For the past six months, she has been traveling up and down the state learning about water crisis’ happening in neighboring cities.
Councilmember Panduro, Mayor Alma Hernandez of Suisun, and Assemblymember Lori Wilson’s Office will be hosting a Water Legislative Workshop. More details to come. She invites anyone to attend who would like to learn about water issues impacting our region.
Councilmember Vaccaro reported that Mayor Moy, Councilmember Tonnesen, and h e raised the Pride Flag in front of City Hall this week and that he is proud that it has become an annual tradition.
Councilmember Tonnesen shared that the Farmers Market continues every Thursday afternoon through September. He also shared that he and a few other councilmembers attended the Trucks of the Trade event on June 1 which was a heavily attended, successful event hosted by the Parks and Recreation Department. He further commended Parks and Recreation staff for their efforts. He also attended the Rev Up Car Show at Armijo High School.
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Councilmember Williams shared that she had a pop-up booth at the Trucks of the Trade event and encouraged councilmembers to have more pop -up booths at events. She commended the law enforcement agency presence at the event as well as the FAST Transit and MOD vehicles.
Mayor Moy reported that last night, she and the city manager met the students who have been selected for the Sister City Summer Exchange Program in Japan. She complimented Anna Guiles on her efforts to select such great students. She also shared that the Vacaville Reporter had a story about the Solano County Water Agency that was entirely inaccurate.
CITY MANAGER REPORT
City Manager David Gassaway had nothing to report. There were no changes to the agenda.
CITY ATTORNEY REPORT
City Attorney David Lim had nothing to report.
CITY CLERK REPORT
Deputy City Clerk Delaney Dombrowski had nothing to report. City Clerk Karen Rees was absent.
PRESENTATIONS
1. Proclamation Declaring Pride Month Presented by Councilmember Vaccaro to Solano Pride Center to Executive Director Will McGarvey.
PUBLIC COMMENTS
Jeff Trager spoke about upcoming events at the Downtown Theatre.
George Kennedy spoke about the success of the Trucks of the Trade event. He also advertised the upcoming County Fair.
Vince Guisande spoke about the Rockville Citizens Advisory Committe e.
Joseph Joyce advertised the Solano County Fair in Vallejo.
Khaynda Joyce Scott shared her frustration with obtaining an ID in Fairfield and how the process is unclear and difficult.
Rodney Smith spoke about his rights.
CONSENT CALENDAR
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Vice Mayor Bertani asked for Item 3 to be pulled for discussion.
3. Resolution 2024-126 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and Abode Services for Unsheltered Homeless Street Outreach Services
Ms. Burrows gave a staff presentation. Vice Mayor Bertani asked for Abode Services to present on their scope of work and role in the community at the next council meeting. Councilmember Williams concurred.
Deshawn Waters, Associate Director of Abode Services, commented that he would be happy to present at the next meeting.
Vice Mayor Bertani made a motion to continue this item to another council meeting agenda for presentation by Abode and council discussion. Mayor Moy seconded the motion. The motion carried unanimously (7-0).
City Council resumed consideration of the Consent Calendar.
2. Resolution 2024-125 of the City Council of the City of Fairfield Reappropriating $3.1 million in American Rescue Plan Act of 2021 (ARPA) Funds to Respond to the COVID-19 Emergency, Addressing its Economic Effects and Updating the Fiscal Year 2023-2024 Budg et
4. Resolution 2024-127 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Canon Station Planning Area 4- Neighborhood 8 Subdivision as Complete
5. Resolution 2024-128 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Villages at Fairfield, Village II- Lot 4 Subdivision as Complete
6. Resolution 2024-129 of the City Council of the City of Fairfield Accepting the Horizon Circle and Storm Drain Basin Improvements as Complete
7. Resolution 2024-130 of the City Council of the City of Fairfield Incorporating a Project List Funded by Senate Bill 1: The Road Repair and Accountability Act for Fiscal Year 2024-2025
8. Resolution 2024-131 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Green Valley III Apartments) to Community Facilities District No. 2012-2 and Authorizing the Levy of Special Taxes Therein for Annexation No. 69
Vice Mayor Bertani moved approval of the Consent Calendar, seconded by Councilmember Carr, Motion carried unanimously (7-0).
ACTION ITEM
9. City Council Direction to Director of Community Development or the Planning Commission for Special Review of Restated and Amended Development Agreement No. 2014 -1 with Albert D. Seeno Construction Company, a California limited partnership, Seecon Financial and Construction Company, a California corporation, and West Coast Home Builders, a California corporation
City Attorney David Lim shared that this was an action item placed on the agenda following a closed session and discussion with Mayor Moy. Council to determine if they would like to further instruct staff to conduct a special review of the development agreement with Seecon. Staff cannot conduct a special review without authorization from the Council. There is no formal vote to be taken or resolution Packet Page 116 of 441Attachment 2 Page 3 of 5
present.
Nora Dizon spoke on Item 9.
Doug Chen spoke on Item 9 on behalf of Albert D. Seeno Construction Company.
Council expressed interest in seeing the project done right the first time as soon as possible with the least amount of obstacles, even if it means a delayed completion date upon trenchwork finalization.
After a lengthy discussion, Councilmember Vaccaro made a motion for the Director of Community Development to come back to Council and potentially move the item to Planning Commission if necessary. Mayor Moy seconded the motion. The motion carried unanimously (7-0).
NEW BUSINESS
10. Director of Parks and Recreation Kristina Kaunzinger provided a Part Two to her previous presentation on the Parks, Recreation, Open Space Master Plan.
Council received the report. Kristina revealed the results from the homework she assigned the Council to complete at the last meeting.
PUBLIC HEARING
11. Assistant Director of Public Works (Utilities) Michael Hether, requested that the Council receive the report and close the public hearing after providing an update on the Power Purchase Agreement with Onyx Development Group LLC. for the Provision and Operation of a Solar Field at the Waterman Water Treatment Plant .
Tim Dowling and John Takeuchi spoke on Item 11.
After a lengthy discussion, Mayor Moy closed the public hearing.
CONVENED JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY AT 8:30 P.M.
ROLL CALL
On roll call were Commissioners Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams; Vice Chair Pam Bertani and Chair Catherine "Cat" Moy.
Deputy City Clerk Delaney Dombrowski read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting
JOINT NEW BUSINESS OF THE CITY COUNCIL AND HOUSING AUTHORITY
12. Assistant City Engineer, Jason Riley recommended the Council approve Resolution 2024-132 of the City Council of the City of Fairfield Authorizing an Update to the F iscal Year 2024-2025 Budget and Updating the 5-Year Capital Improvement Plan to Remove the West Texas Relief Sewer Project and Include the Markeley Lane Extension, Fairfield Soccer Complex Feasibility Study, Downtown Streetscape Phase 2 – Intersection Corners, and North Texas Street Improvement Projects
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Councilmember Carr made a motion to approve Resolution 2024-132. Councilmember Panduro seconded the motion. The motion carried unanimously (7-0).
JOINT PUBLIC HEARING OF THE CITY COUNCIL AND HOUSING AUTHORITY
13. Director of Finance, John Furtado and Budget Officer, Ashley Doyle recommended that the Council adopt Resolutions 2024-133 through 2024-137, and Housing Authority Resolution 2024-03 Approving the Mid-Cycle Update to Fiscal Year 2023- 2024 and 2024-2025 Budget and Financial Plan
Acting as both Councilmembers and Housing Authority Commissioners, Councilmember/Commissioner Tonnesen made a motion to approve City Council Resolutions 2024 - 133 through Resolutions 2024-137 and Housing Authority resolution HA2024-03, Vice-Mayor/Vice- Chair Bertani seconded the motion. The motion carried unanimously (7-0).
ADJOURNED MEETING AT 9:02 P.M. TO TUESDAY, JUNE 18, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
__________________________________
Deputy City Clerk
___________________________
Mayor
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CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
CONCURRENT MEETING
TUESDAY, JUNE 4, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
HOUSING AUTHORITY MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 8:30 p.m.
ROLL CALL
On roll call were Commissioners Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams, Vice Chair Pam Bertani, and Chair Catherine “Cat” Moy.
Deputy City Clerk Delaney Dombrowski read the following statement: The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.
JOINT NEW BUSINESS OF THE CITY COUNCIL AND HOUSING AUTHORITY
1. Assistant City Engineer, Jason Riley recommended the Council approve Resolution 2024-132 of the City Council of the City of Fairfield Authorizing an Update to the F iscal Year 2024-2025 Budget and Updating the 5-Year Capital Improvement Plan to Remove the West Texas Relief Sewer Project and Include the Markeley Lane Extension, Fairfield Soccer Complex Feasibility Study, Downtown Streetscape Phase 2 – Intersection Corners, and North Texas Street Improvement Projects
Councilmember Carr made a motion to approve Resolution 2024-132. Councilmember Panduro seconded the motion. The motion carried unanimously (7-0).
JOINT PUBLIC HEARING OF THE CITY COUNCIL AND HOUSING AUTHORITY
2. Director of Finance, John Furtado and Budget Officer, Ashley Doyle recommended that the Council adopt Resolutions 2024-133 through 2024-137, and Housing Authority Resolution 2024-03 Approving the Mid-Cycle Update to Fiscal Year 2023- 2024 and 2024-2025 Budget and Financial Plan
Councilmember Tonnesen made a motion to approve Resolutions 2024-133 through Resolutions 2024- 137, Vice Mayor Bertani seconded the motion. The motion carried unanimously (7-0).
Adjourned the Housing Authority meeting at 9:02 p.m.
__________________________________
Secretary
_____________________________
Chair
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CITY OF FAIRFIELD
CLOSED SESSION MEETING
SPECIAL MEETING
TUESDAY, JUNE 18, 2024; 5:30 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Cat Moy called the meeting to order at 5:30 p.m. City Attorney David Lim called roll.
Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K.
Patrice Williams, Vice-Mayor Pam Bertani, and Mayor Cat Moy.
No persons wished to speak in person or via Zoom at public comment.
The City Council went into closed session on Item #1:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) Property: 2250 and 2256 North Texas Street (PAL Building) (City of Fairfield) – APN’s: 0034-144-140 & 0034-130-010
Agency negotiator(s): Jennifer Rice, David Gassaway, and Dan Marshall Negotiating parties: Patrick Lively
Under negotiation: Price and Terms of Payment
Present were City Attorney David Lim, City Manager David Ga ssaway, and Police Chief Dan Marshall.
The City Council came out of closed session.
Mayor Moy adjourned the meeting at 5:59 p.m.
______________________________
City Attorney
________________________________
Mayor Cat Moy
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CITY OF FAIRFIELD
FAIRFIELD CITY COUNCIL
REGULAR CONCURRENT MEETING
TUESDAY, JUNE 18, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER, 1000
WEBSTER STREET, FAIRFIELD, CA 94533 OR VIA ZOOM
MINUTES
CALL TO ORDER
Mayor Catherine “Cat” Moy called the meeting to order at 6:08 p.m.
ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K. Patrice Williams; Vice Mayor Pam Bertani, and Mayor Moy.
INVOCATION
Minister Arcella Lattimore of The Love Community Church gave an invocation.
PLEDGE OF ALLEGIANCE
City Attorney David Lim led the Pledge of Allegiance.
COUNCIL REPORTS
Councilmember Carr reported he attended his daughter’s college graduation from Sonoma State University. He also attended the Fairfield Black Chamber Juneteenth event in Allan Witt Park and said he had a wonderful time!
Vice Mayor Bertani thanked everyone for attending the meeting. She thanked City Manager Gassaway, Chief of Police Marshall and Fire Chief John Sturdee for designating certain areas in Fairfield as critical infrastructure to help prevent wildfires. This prevents the City having to wait 72 hours before they can clear an area. She also thanked Fire Marshal Steven Conti for coordinating a Fire Safety Day on Saturday, July 20, 11 am to 1 pm, at Rolling Hills Elementary School outside in the amphitheater.
Councilmember Panduro congratulated all the recent high school and college graduates in the community. She urged them to use caution this summer and to be safe. She reported that the Parks & Recreation Department has lots of fun activities for all ages this summer. Lastly, she stated that lunch is being served at the PAL Center and any of the local libraries every weekday for those ages 18 and under.
Councilmember Vaccaro also congratulated the graduates and shared that he had the honor of speaking at the Highest Honors ceremony for high school seniors. He recommended people check out the Regal movie theater in Fairfield on Tuesdays and Wednesdays, tickets are only $1. Fun and inexpensive activity for the family!
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Councilmember Tonnesen encouraged the community to shop at the Farmers’ Market in Downtown Fairfield on Thursday afternoons from 3 -7 pm. He shared that he was very excited that Fairfield would be hosting a pickleball tournament September 5-8, 2024, at Allan Witt Park. In conclusion, he asked to agendize an item related to closing Civic Center Pond after dark (same as our parks) and Councilmember Carr seconded the motion. Mayor Moy said she would agendize the item.
Councilmember Williams wished everyone a belated Happy Father’s Day and said that day is not recognized enough. She reported that she attended the Silicon Valley June Summit 2024 / Plug and Play Events, where she attended an excellent presentation on economic development and heard from people all over the United States.
Mayor Moy shared that Larry’s Produce is open! She reported that she sat on a recent Eagle Board where they named the newest Eagle Scout, Lucas Pace, who is only 14 years old. She reported that Lucas completed a project in coordination with the SPCA and built a shaded place for people to spend time with animals they want to adopt. Lastly, she asked that the meeting be adjourned this evening in memory of Richard “Chick” Lanza who just passed away.
CITY MANAGER REPORT
City Manager David Gassaway reported that the City would release information soon about a controlled burn that would occur either July 8-11 OR July 15-18, depending on the weather, in the Rolling Hills Open Space area for training purposes. Residents will be notified that live in the area.
Changes to agenda: Item 15 is being pulled as some attachments were not included. This item will return at the July 2, 2024, council meeting. Item 16 is also being pulled but will not return as Abode Services stated they will not be able to provide services in partnership with the City of Fairfield. The Homeless Services Division will prepare a new RFP for release in the near future.
CITY ATTORNEY REPORT
City Attorney David Lim reported that two Worker’s Compensation cases had been resolved: Robert Murray, Case #FFL2200040; and Chad Rowlett, Case #FFL1700058. Both cases were awarded final compensation by the Workers Compensation Appeals Board.
CITY CLERK REPORT
City Clerk Karen Rees reported that the application process for the Poet Laureate position has been reopened and extended to August 1, 2024. Interested parties can visit our website at www.fairfield.ca.gov/poet . She shared that three City Council seats are open for reelection – Districts 2, 4, and 6; and also the City Clerk’s and the City Treasurer’s seats. She is meeting with candidates starting July 15, 2024, so contact her to make an appointment.
PRESENTATIONS
1. Poet Laureate recognition and certificate presented by Councilmember Panduro to Fairfield Poet Laureate Suzanne Bruce, as her two-year term comes to an end. Communications Manager Bill Way presented Suzanne with a special pen with “Ink Flows from the Heart of a Poet” engraved on the pen. He read a poem for Suzanne for the occasion. She thanked everyone for an excellent experience the past two years.
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2. Proclamation declaring Juneteenth National Independence Day Presented by Councilmember Williams to Nikila Gibson, President of the NAACP Tri-City Branch , and several members of her R.E.A.L.
Family. President Gibson stated that she was grateful and proud to be part of this important moment in our community. And said it was a powerful reminder of the progress that the Black community has made and the work that still lies ahead.
PUBLIC COMMENTS
Robert Warner, Kimberly Warner, Maureen Stracener, and Dave Harrison spoke about speeding vehicles on Burbank Drive and the danger and concern that someone will be badly injured or killed.
Rosalyn Parhams and Daniel Delval spoke about the fires in the alley behind the 1400 Block of Empire Street caused by homeless individuals, and also the noise and trash.
Convened Public Hearing of the Paradise Valley Maintenance and Monitoring District at 7:12 p.m.
PVMMD PUBLIC HEARING
3. Public Works Sr. Management Analyst Chris Lewis recommended to Council that they open the Public Hearing; and approve Resolution 2024-02 of the Paradise Valley Maintenance and Monitoring District Board Approving the Fiscal Year 2024-2025 Budget and Ordering the Levy and Collection of the Fiscal Year 2024-2025 Assessments for the Paradise Valley Maintenance and Monitoring District .
Chair Moy opened the public hearing. Theda Peck and Dr. Mark Carmody spoke on Item 3. Chair Moy closed the public hearing.
Member Tonnesen made a motion to approve PVMMD Resolution 2024-02. Member Vaccaro seconded the motion. The motion carried unanimously (7-0).
Reconvened meeting of the City Council at 7:23 p.m.
CONSENT CALENDAR
Councilmember Williams asked to pull Item #5 from consent calendar.
Item #5
5. City Council of the City of Fairfield Fiscal Year 2024-2025 Strategic Goals and Priorities
Councilmember Williams thanked staff for their work on this matter. No members of the public asked to speak on this item. Councilmember Vaccaro made a motion to approve Item 5. Councilmember Tonnesen seconded the motion. The motion carried unanimously (7-0).
Return to Consent Calendar
4. Approval of Meeting Minutes from May 2024
Councilmember Williams asked for Item 5 to be pulled so she could thank her colleagues and staff for their hard work in setting strategic goals and priorities for 2024-2025.
5. City Council of the City of Fairfield Fiscal Year 2024-2025 Strategic Goals and Priorities
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Councilmember Vaccaro made a motion to approve Item 5. Councilmember Tonnesen seconded the motion. The motion carried unanimously (7-0).
6. Resolution 2024-138 of the City Council of the City of Fairfield Appointing Councilmember Doriss Panduro as the Primary Voting Member and Councilmember Doug Carr as the Alternate Voting Member to the Community Action Partnership of Solano Joint Powers Agency
7. Resolution 2024-139 of the City Council of the City of Fairfield Approving an Agreement with HdL Coren & Cone for Property Tax Reporting and Audit Services
8. Resolution 2024-140 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Services Contract with Wesco Graphics, Inc.
9. Resolution 2024 -141 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement Between the City of Fairfield and Public Services Search, LLC.
10. Resolution of Intention 2024-142 to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City Council of the City of Fairfield
11. Resolution 2024-143 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Program Participation Agreement and Other Project/Program Related Documents for Pacific Gas & Electric (PG&E) Government/K-12 Program as Administered by Wildan Energy Solutions
12. Resolution 2024-144 of the City Council Authorizing the City Manager to Execute Right of Way Contract, Grant Deeds, and Quitclaim Deed Transferring Certain Real Property and Easements for the Solano Westbound I-80 Cordelia Commercial Vehicle Enforcement Facility Project
13. Resolution 2024-145 of the City Council of the City of Fairfield Calling and Providing for a General Municipal Election to be Held in the City of Fairfield on Tuesday, November 5, 2024, to Elect City Officers and to Request the Solano County Board of Supervisors to Consolidate the General Municipal Election with the Statewide Election on that Date; and
Resolution 2024-146 of the City Council of the City of Fairfield Requesting the Solano County Board of Supervisors to Permit the County Registrar of Voters to Render Services in Connection with the General Municipal Election to be Held in the City of Fairfield on Tuesday, November 5, 2024, and Authorizing the Solano County Board of Supervisors to Canvass the Returns of the Election; Determining Charges for Candidates’ Statements; and Authorize the City Clerk to Publish the Notice of Election
Vice Mayor Bertani made a motion to approve the consent calendar as presented , excluding Item 5.
Councilmember Carr seconded the motion. The motion carried unanimously (7-0).
NEW BUSINESS (VIDEO) #14
14. City Manager David Gassaway opened the discussion on Resolution 2024-147 of the City Council of the City of Fairfield Authorizing City Sponsorship of a USA Pickleball Sanctioned Tournament at Allan Witt Park September 5-8, 2024, and Discussion and Direction on Improvements to the Fencing Surrounding the Courts.
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Derek Bromstead and George Kennedy spoke on Item 14. Councilmember Bertani talked about waiving fees.
Vice Mayor Bertani made a motion to approve Resolution 2024-147. Mayor Moy seconded the motion.
The motion carried unanimously (7-0).
Items #15 and #16 were pulled from the agenda and not discussed.
15. Notice of Funding Availability for Temporary Emergency Shelter Operations Update and Council Input
16. Presentation from Abode Services; and Resolution 2024-148 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and Abode Services for Unsheltered Homeless Street Outreach Services
PUBLIC HEARINGS
17. Director of Human Services Farbod Pirouzmand recommended that Council approve the First Reading and Introduction of Ordinance 2024-03 of the City Council of the City of Fairfield A uthorizing an Amendment to the Contract Between the City of Fairfield and the Board of Administration of the California Public Employees' Retirement System (CalPERS)
Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.
Councilmember Vaccaro made a motion to waive full reading, read by title only, and introduce Ordinance 2024-03 for first reading. Vice Mayor Bertani seconded the motion. The motion carried unanimously (7-0).
Councilmember Vaccaro recused himself and left the City Council Chambers as he had a conflict of interest on Item 18.
18. Public Works Sr. Management Analyst Chris Lewis recommended to Council that it open the Public Hearing; and approve Resolution 2024-149 of the City Council of the City of Fairfield Approving the Fiscal Year 2024- 2025 Engineer's Report, Confirming the Boundaries and Assessment and Ordering the Levy and Collection of Assessments for the Smith Ranch Assessment District .
Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.
Councilmember Tonnesen made a motion to approve Resolution 2024-149. Councilmember Carr seconded the motion. The motion carried unanimously (6-0).
Councilmember Vaccaro returned to the dais.
19. Public Works Sr. Management Analyst Chris Lewis recommended to Council that it open the Public Hearing; and Resolutions 2024-150 through 2024-167 of the City Council of the City of Fairfield Approving the Fiscal Year 20242025 Engineer’s Reports, Confirming the Fiscal Year 2024-2025 Diagrams and Assessments, and Ordering the Fiscal Year 2024-2025 Improvements for Landscaping and Lighting Maintenance Districts No. 1 – Gateway, No. 3 – Waterman Highlands, No. 5 – Smith Ranch, No. 6 – Peppertree, No. 7 – Rolling Hills, No. 8 – Kolob Estates, No. 10 – Southbrook, No. 11 – Paradise Valley Packet Page 125 of 441Attachment 5 Page 5 of 6
North, No. 12 – Downtown Business District, No. 13 – North Cordelia, No. 14 – Woodlake, No. 15 – Gold Ridge, No. 16 – Creekside at Cordelia, No. 17 – Chadbourne-Beck-Cordelia, No. 18 – Gold Ridge Park, No. 19 – Corporate Commons, No. 2023-1 (Gateway), and No. 2023-11 (Paradise Valley).
Mayor Moy opened the public hearing. There were no requests to speak. Mayor Moy closed the public hearing.
Councilmember Vaccaro made a motion to approve Resolutions 2024-150 through 2024-167.
Councilmember Carr seconded the motion. The motion carried unanimously (7-0).
ADJOURNED THE MEETING IN MEMORY OF RICHARD “CHICK” LANZA, WHO RECENTLY DIED, AT 8:12 P.M. TO TUESDAY, JULY 2, 2024, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
_________________________________
City Clerk
_______________________________
Mayor
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CITY OF FAIRFIELD
CITY COUNCIL
REGULAR CONCURRENT MEETING
TUESDAY, JUNE 18, 2024; 6:00 PM
HARRY T. PRICE MEMORIAL COUNCIL CHAMBER
1000 WEBSTER STREET, FAIRFIELD, CA 94533
OR VIA ZOOM
PARADISE VALLEY MAINTENANCE & MONITORING DISTRICT
MINUTES
CALL TO ORDER
Chair Catherine “Cat” Moy convened the public hearing of the Paradise Valley Maintenance and Monitoring District at 7:12 p.m.
ROLL CALL
On roll call were Members Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K.
Patrice Williams, Vice Chair Pam Bertani, and Chair Catherine Moy.
PVMMD PUBLIC HEARING
1. Public Works Sr. Management Analyst Chris Lewis recommended to Council that they open the Public Hearing; and approve Resolution 2024-02 of the Paradise Valley Maintenance and Monitoring District Board Approving the Fiscal Year 2024-2025 Budget and Ordering the Levy and Collection of the Fiscal Year 2024-2025 Assessments for the Paradise Valley Maintenance and Monitoring District.
Chair Moy opened the public hearing. Theda Peck and Dr. Mark Carmody spoke on the item.
Chair Moy closed the public hearing.
Member Tonnesen made a motion to approve PVMMD Resolution 2024-02. Member Vaccaro seconded the motion. The motion carried unanimously (7-0).
The meeting was adjourned at 7:23 p.m. and the City Council meeting was reconvened.
____________________________
Secretary
____________________________
Chair
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Agenda Item No: 6.
AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024178 of the City Council of the City of Fairfield Authorizing the City Manager to Execute the Memorandum(s) of Understanding (MOU) Between the City of Fairfield and the City Council Recommended Provider(s) for the Provision of Temporary Emergency Shelter Operations
RECOMMENDED ACTION
Adopt resolution(s).
STATEMENT OF ISSUE
The Homeless Services Division (HSD) released a Notice of Funding Availability (NOFA) for Temporary Emergency Shelter Operations on May 1, 2024. HSD is seeking City Council approval to enter into a Memorandum(s) of Understanding (MOU) with the council's recommended provider(s) for temporary emergency shelter operations.
DISCUSSION
At the July 2, 2024, council meeting, Staff presented the NOFA Rank and Review Panel recommendations to the council. The council discussed recommendations and awarded funding for the provision of emergency shelter operations and amounts to the providers below.
Applicants Year 1 Year 2 Total Amount
Change and New Beginnings $300,000.00 $300,000.00 $600,000.00 Bay North Church of Christ
(Winter Shelter)$150,000.00 $150,000.00 $300,000.00
Mission Samoa $100,000.00 $100,000.00 $200,000.00
Total $1,100,000.00
Staff is seeking council approval to enter into MOU(s) with the shelter providers (Change and New Beginnings, Bay North Church of Christ and Mission Samoa) awarded by council.
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Agenda Item No: 6.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024178 of the City Council of the City of Fairfield Authorizing the CityManager to Execute the Memorandum(s) of Understanding (MOU) Between the City ofFairfield and the City Council Recommended Provider(s) for the Provision of TemporaryEmergency Shelter OperationsRECOMMENDED ACTIONAdopt resolution(s).STATEMENT OF ISSUEThe Homeless Services Division (HSD) released a Notice of Funding Availability (NOFA) for TemporaryEmergency Shelter Operations on May 1, 2024. HSD is seeking City Council approval to enter into aMemorandum(s) of Understanding (MOU) with the council's recommended provider(s) for temporaryemergency shelter operations.DISCUSSIONAt the July 2, 2024, council meeting, Staff presented the NOFA Rank and Review Panelrecommendations to the council. The council discussed recommendations and awarded funding for theprovision of emergency shelter operations and amounts to the providers below.Applicants Year 1 Year 2 Total AmountChange and New Beginnings $300,000.00 $300,000.00 $600,000.00Bay North Church of Christ(Winter Shelter)$150,000.00 $150,000.00 $300,000.00Mission Samoa $100,000.00 $100,000.00 $200,000.00Total$1,100,000.00Staff is seeking council approval to enter into MOU(s) with the shelter providers (Change and NewBeginnings, Bay North Church of Christ and Mission Samoa) awarded by council.
FINANCIAL IMPACT
NOFA Amount for 2 years: $1,100,000
Funding Source Not to Exceed
Homeless Services Division General Fund per
year
$150,000
Quality of Life Fund per Year $400,000
Total Per Year $550,000
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the proposed resolution, however, this is not recommended as this resolution aligns with the City’s efforts to increase availability and access to emergency shelters' overnight stays and can contribute to the reduction in homelessness.
STAFF CONTACT
April Cobb, Management Analyst I
(707) 4287609
[email protected]
COORDINATED WITH
City Attorney's Office, Police Department
ATTACHMENTS:
Description
Attachment 1: Proposed Resolution
Attachment 2: MOU with CANB
Attachment 3: MOU with Bay North
Attachment 4: MOU with Mission Samoa
REVIEWERS:
Reviewer Action Date
Dombrowski, Delaney Approved 7/8/2024 8:32 AM
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CITY OF FAIRFIELD
RESOLUTION NO. 2024-178
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE MEMORANDUM(S) OF UNDERSTANDING (MOU) BETWEEN THE CITY
OF FAIRFIELD AND THE CITY COUNCIL RECOMMENDED PROVIDER(S) FOR THE PROVISION OF TEMPORARY EMERGENCY SHELTER OPERATIONS.
WHEREAS, since 2017, the City Council has adopted, implemented, and followed comprehensive policies and procedures in line with the City’s formal Homeless Strategy in order to permanently reduce homelessness; and
WHEREAS, permanently reducing the impacts of homelessness continues to be a top priority for the council; and
WHEREAS, according to the 2022 Solano County Homeless Point -In-Time Count, at any point in time, 1,179 individuals within Solano County are experiencing houselessness. This population includes veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups; and
WHEREAS, on May 1, 2024, the Homeless Services Division released a Notice of Funding Availability (NOFA) for Temporary Emergency Shelter Operations to support organizations providing temporary emergency shelter and services to those who are unhoused in the City of Fairfield; and
WHEREAS, Homeless Services Division staff, along with Mayor Catherine Moy and Councilmembers Doug Carr and K. Patrice Williams, held two ad hoc meetings to create guidelines for the NOFA and establish the scoring criteria; and
WHEREAS, the NOFA will make $1.1 million in funding available beginning July 1, 2024, to June 30, 2026 with $550,000 available in year one, and $550,00.00 available in year two, with funding renewal based on performance in year one; and
WHEREAS, at the regularly scheduled council meeting on July 2, 2024, staff presented the funding recommendations from the Rank and Review Panel to council and sought direction; and
WHEREAS, the City wishes to enter into a MOU(s) with the council recommended providers for the provision of temporary emergency shelter.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The above recitals are true and correct and a substantive part of this resolution.
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RES. NO. 2024-178
Section 2. The city manager, or his designee, is hereby authorized to approve and execute a MOU(s) with the council; recommended provider(s) for the provision of temporary emergency shelter operations. The combined MOU(s) shall have a not to exceed amount of $1,100,000.00, with $550,000 in the first year (July 1, 2024-June 30, 2025), $550,000 in the second year (July 1, 2025 to June 30, 2026), and be substantially in the form of the MOU attached to the staff report associated with this resolution, with such changes as m ay be approved by the city attorney.
Sections 3. The city manager or his designee, is hereby authorized and directed to do all things necessary and proper to effectuate the purpose of this resolution.
Section 4. The city manager is authorized to approve amendments to the contract amount within the city manager’s signing authority.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day of July 2024, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/TONNESEN/VACCARO/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into as of this _____ day of __________ 2024, ("Effective Date") between Change and New Beginnings (CANB), a California nonprofit public business corporation (“PROVIDER”), and the CITY OF FAIRFIELD, a California municipality (“CITY”). Unless specifically identified, each may be referred to individually as "Party" or collectively as "Parties", as the context may require.
NOW, THEREFORE, the Parties agree as follows:
Part I
Roles and Responsibilities
A.CITY’s Role and Responsibilities.
1.CITY, through the City Manager or Designee, shall designate a primary point of contact for all matters related to the performance of this Agreement (“City Liaison”).
2.CITY’S role is to provide administrative oversight and monitoring of Emergency Shelter Operations Funding (“Program”).
3.CITY shall approve operational procedures, eligibility screening requirements, and enrollment guidelines. Future changes require the same approval.
4. CITY (Homeless Services Division, Fairfield Police Department) in conjunction with the contracted Street Outreach Team and contracted Coordinated Entry System Provider shall be solely responsible for referring all unhoused individuals (“Participants”) to the PROVIDER. Any outside non-City and non-contracted agency referrals will not be considered as a part of this Agreement and shall be considered ineligible for the CITY reimbursement.
5.CITY shall ensure that referrals made pursuant to this MOU shall require a CANB Fairfield Referral Form be provided to PROVIDER staff upon referral of persons to the program, as attached in Exhibit “D”.
6.City and PROVIDER shall make best efforts to ensure that potential Participants are Fairfield residents.
B.PROVIDER’S Role and Responsibilities.
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1.PROVIDER shall designate a primary point of contact for all matters related to the performance of this Agreement (“Provider Liaison”).
2.PROVIDER will provide the non-exclusive use of the Property for the Program at no cost so long as the Program is operating; and provide access to tap water and a reasonable supply of electricity for the Program, with the cost of electricity utilities to be paid by the PROVIDER.
3.PROVIDER hereby agrees to use the funds for eligible activities as approved by the CITY and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Emergency Shelter Operations Notice of Funding Availability (NOFA).
4.PROVIDER will strictly comply with the terms, conditions, and requirements of the Statutes, Guidelines, the Notice of Funding Availability (NOFA), the "Standard Agreement" entered into by the CITY and the Department attached as Exhibit "E", and this Agreement.
5.PROVIDER must provide emergency shelter activities in a manner consistent with the Housing First Practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC section 8255(b)(8).
6.PROVIDER shall provide minimum of 21 emergency shelter beds with “wrap around” services at CANB (located at 315 Jefferson Street, 710 and 724 Ohio Street, Fairfield, CA 94533) for people experiencing being unhoused. PROVIDER’S “wrap around" services for each referred homeless individuals shall include, but not be limited to, providing food (three meals per day plus snacks), case management, employment services, housing navigation, access to legal services, and other related services, subject to the requirements of the CANB Management Plan attached as Exhibit “A”. Program Budget as attached in Exhibit “B”, Insurance Requirements as attached in Exhibit "C”, and CANB Fairfield Referral Form as attached in Exhibit “D”.
7.In order to limit impact on surrounding properties, hours of operation for intake of guests and provision of services shall be limited from 8:30 AM to 3:30 PM Monday - Friday.
8.PROVIDER will ensure that the Property will meet Health and Safety Requirements and comply with local codes, as appropriate, have appropriate security personnel, be accessible to participants, and have sufficient staff and funds to operate the Program.
9.PROVIDER shall immediately notify City of any bed bug/pest infestation.
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10.PROVIDER shall, at its sole cost and expense, implement bed bug/pest prevention protocols including, but not limited to:
a.Prevention and sequestration protocols for Participants who show signs of infestation upon intake in the program.
b.Regular (at least monthly) inspections of each Participant’s sleeping, community, and storage areas.
c.Ad hoc treatment, as needed, to eliminate any pest infestations.
11. PROVIDER agrees to immediately notify CITY should any of the following occur:
•Violence or credible threats against staff, Participants or any of PROVIDER’S contractors, licensees, invitees, guests or approved visitors on the Property.
•Overdoses or major substance abuse complications.
•Death or serious injury of any Participants while in Program. •Complaints or grievances, including without limitation any legal actions, filed by Participants again PROVIDER.
12.PROVIDER shall prepare and enforce all rules as outlined in the Management Plan, to be approved by CITY, and included in PROVIDER's shelter policies for conduct and safety.
13.PROVIDER shall utilize the Homeless Management Information System (HMIS) (or alternative case management system as approved by the CITY) to ensure accurate data is collected for reporting and referrals. Provider shall give City of Fairfield consent to access and view HMIS data. Copies of all referral forms shall be provided in a location accessible to the CITY and shall be kept current.
14.PROVIDER shall integrate and coordinate with existing Solano County Housing First homeless initiatives so long as there is no threat to the safety of PROVIDER staff or Participants.
15.PROVIDER shall make available as requested by CITY, Participant and Program data for those served under this Agreement, including but not limited to data on Participant intake and exit, when and where participants have exited, and Program successes and challenges. PROVIDER shall submit monthly reports no later than 15 days after the end of each month during the contract period and a final narrative report within thirty {30} days after the end of the contract period, in a format approved by CITY, and other reports as may be required by CITY. The report will include a narrative accounting of the progress achieved toward the Scope of Work objectives, and the following client information:
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i.Types of services rendered to clients
ii. Client Characteristics
1.Client intake/exits
2.Date of admittance, length of stay
3.Client HMIS number (unduplicated)
4.City of residency (or location of last place stayed prior to coming to Shelter)
5.Race/ethnicity
6.Gender
7.Age
8.Number of clients with disabilities (specific type of disability)
9.Number of clients who are veterans of the U.S. Armed Forces
16.PROVIDER shall make available reporting data for the length of this Agreement, including all program related expenses set forth in Exhibit "B" for the prior month with the proper back-up documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or payroll stubs, occupancy data etc.). Any expense not authorized by this Agreement as set forth in Exhibit "B" and/or submitted without proper back-up documentation will be disallowed and must be reimbursed to the CITY.
17.PROVIDER shall immediately exit any Participant remaining after the term of this Agreement expires unless transferred to another funded program.
18.PROVIDER shall provide the CITY within five (5) business days with such reports and information as the CITY may reasonably request.
19.PROVIDER, at its own expense, shall procure and maintain for the duration of this Agreement policies of insurance, the requirements for which are set forth in Exhibit "C".
20.PROVIDER will virtually case conference with CITY on a monthly basis to provide a status update on each City-referred Participant and the progress that has been made in securing permanent housing for each City-referred Participant during the course of the previous month.
C.Mutual Roles and Responsibilities
1.It is the intent of the Parties to be collaborative in all matters to ensure the health and safety of the residents of the City of Fairfield.
2.Parties agree that the services provided under this Agreement will be made available at the following address (Property):
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Change and New Beginnings
315 Jefferson Street, 710 Ohio Street and 724 Ohio Street, Fairfield, CA 94533
3.Prior to placement of any individuals at the Property, the Parties shall establish a mutually agreed upon written policy and process for intervening in escalating problems that could lead to eviction of any resident while the declaration of the State of Emergency remains in effect. Both Parties agree to work together to find resolutions that avoid eviction whenever possible. The written policy shall clearly define the type(s) of behavior that could lead to eviction, set concrete notice requirements for residents at-risk of eviction, and set forth the specific roles of the CITY and PROVIDER. It shall also establish a process for managing the repercussions of any eviction.
4.The Parties shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and all applicable state laws, regulations, and policies relating to client rights and confidentiality.
5.The PROVIDER agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the PROVIDER, its Subrecipients, and any other grant activity.
Part II
General Terms and Conditions
A.Term of Agreement.
The term of this Agreement shall begin on July 1, 2024, and shall remain in effect until June 30, 2025, and may be renewed in writing at the discretion of the City for a second year (July 1, 2025 to June 30, 2026), unless earlier terminated in writing by the Parties.
B.Payment.
In consideration for the costs incurred for the services to be provided under this Agreement, CITY shall pay to PROVIDER $25,000.00 based on a reimbursement basis every thirty (30) days until the expiration or termination of this Agreement. The payments made by CITY to PROVIDER under this Agreement shall collectively be referred to as the "City Funds." The total amount of the City Funds shall not exceed $300,000.00 in performance year one (2024-2025) and $300,000.00 in performance year two (2025-2026). This equates to approximately $40 per night, per bed for the 12-month period. The monthly allowable line-item cost for "Operating Costs" as referred to in Program Budget as attached in Exhibit "B", for the twenty-one (21) beds shall be $25,000.00, whether the beds are filled or not. City Funds must be spent in accordance with this
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Agreement. Any City Funds remaining that are not expended or legally obligated for the services required to be provided by PROVIDER upon expiration or termination of this Agreement shall be returned to CITY within thirty (30) days. PROVIDER shall maintain invoices with receipts, or other documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or pay stubs, occupancy data etc.) supporting expenditures made pursuant to this Agreement and shall submit such documentation to CITY within thirty (30) days following receipt of initial payment of City Funds and by the 15th of every month thereafter. Any tangible property purchased with City Funds during the duration of this Agreement is considered the property of the CITY.
C.Indemnification.
Each Party shall indemnify, defend, protect, hold harmless, and release the other Party and its elected bodies, officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying Party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee benefit acts.
D . No Waiver.
The waiver by any Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
E. Notices.
All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that a Party desires to give to the other Parties shall be addressed to the other Parties at the addresses set forth below. A Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
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PROVIDER
Kari Rader, Executive Director
New Beginnings Navigation Center
416 Union Ave
Fairfield, CA 94533
CITY OF FAIRFIELD
David Gassaway, City Manager
City of Fairfield
1000 Webster Street
Fairfield, CA 94533-4836
F. Amendment/Modification.
This Agreement may be modified or amended only in writing and with the prior written consent of the Parties.
G. Termination.
1.Termination for Convenience: Either Party may terminate this Agreement for any reason by notifying the other party in writing thirty (30} days prior to the effective date of termination.
2.Termination for Cause: If PROVIDER fails to perform any of the responsibilities under this Agreement or if PROVIDER fails to comply with any other provisions of this Agreement, the CITY may terminate this Agreement for cause. Termination shall be effected by serving written notice of termination on the PROVIDER setting forth the manner by which PROVIDER is in default.
If it is later determined by the CITY that the PROVIDER had an excusable reason for not performing, such as an epidemic, fire, or other events which are not the fault of or are beyond the control of the PROVIDER, the CITY, after setting up a new delivery of performance schedule, may allow the PROVIDER to continue work, or treat the termination as a termination for convenience.
3.Opportunity to Cure: The CITY in its sole discretion may, in the case of a termination for breach or default, allow the PROVIDER five (5} days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
If PROVIDER fails to remedy to CITY's satisfaction and within five (5) days of receipt of the written notice of termination, CITY shall have the right to terminate the Agreement without any further obligation to PROVIDER.
4.Waiver of Remedies: In the event that CITY elects to waive its remedies for any breach by PROVIDER of any covenant, term or condition of this Agreement, such waiver by CITY shall not limit CITY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement.
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H. Severability.
If any provision or portion of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
I.Compliance with all Laws. Venue.
The Parties shall observe and comply with all applicable federal, state, and local laws, ordinances, and codes. Venue for any legal dispute shall be the Solano County Superior Court or the United States Eastern District of California.
J.Non-Discrimination Clause.
1. During the performance of this Agreement, the Parties and their subcontractors shall not deny any benefits or privileges to any person on the basis of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation. Each Party shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
2.The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), regulations promulgated pursuant to it (Title 2, California Code of Regulations, section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time.
K.Access to Records and Retention.
All Parties, acting through their duly authorized representative, as well as any federal or state granter agency providing all or part of the funding associated with this Agreement, the papers, Controller, the Comptroller General of the United States, and the duly authorized representatives of any of Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions.
Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.
L.Assignment.
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EXHIBIT A
NEW BEGINNING NAVIGATION CENTER MANAGEMENT PLAN 2024
[attached]
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EXHIBIT B
NEW BEGINNINGS NAVIGATION CENTER PROGRAM BUDGET
[attached]
BUDGET FOR NEW BEGINNINGS NAVIGATION CENTER
24-31 BED EMERGENCY SHELTER MOU
Budget Item Monthly Rate Total Months Total Contract Operating Cost $25,000.00 12 $300,000.00
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EXHIBIT “C”
INSURANCE REQUIREMENTS
AGENCY shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the AGENCY, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the
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insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the AGENCY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the AGENCY; products and completed operations of the AGENCY; premises owned, occupied or used by the AGENCY; and automobiles owned, leased, hired or borrowed by the AGENCY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the AGENCY’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the AGENCY’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The AGENCY’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. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the AGENCY’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
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authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, AGENCY shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. AGENCY shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of AGENCY to verify existence of sub-contractor’s insurance shall not relieve AGENCY from any claim arising from sub-contractors work on behalf of AGENCY.
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ADMISSION CRITERIA-CHECK BOXES BELOW (must meet ALL criteria to confirm placement) Excluded: PC 290 registered sex offenders & individuals with repetitive incidents of violence in the shelter Homeless
The individual reports they can independently
care and manage their activities of daily living
The individual reports they are willing to comply
with program guidelines including discharge
requirements
18 Years old or older
The individual reports they understand this placement is a communal living environment and will be sharing space with others.
The individual reports they understand that behaviors
that jeopardize the health and safety of other program
participants and staff may result in their removal from the emergency shelter
Name: Referral Date:
Date of Birth: Referring Department:
Gender: Referral Contact Person:
HMIS #: Referral Contact Phone#:
Assigned Case Manager: Case Manager Phone#:
CANB
416 Union Ave
Fairfield, CA 94533
Change and New
Beginnings Referral
Form
Intake Date: _________
Office Use Only
Scan and Email Referral to: [email protected]
Scan and Email Referral to:
[email protected]
CANB reserves the right to accept or deny any referral, based upon the availability of open beds at the time the referral is made. All referred must be willing to COVID test when asked or prompted.
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City of Fairfield
Notice of Funding Availability (NOFA)
for
Temporary Emergency Shelter Operations
Proposal Due:
5/24/2024
All inquiries and/or questions shall be submitted in writing to
[email protected]
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1 Introduction
According to the Solano County 2022 Point in Time count, there are 1,179 unhoused individuals in Solano County. Approximately, three hundred (300) of those individuals are in the City of Fairfield.
This Notice of Funding Availability (NOFA) is part of the City of Fairfield’s commitment to reduce houselessness, the impacts of houselessness in our community and increase bed/interim housing capacity for those who are unhoused.
With this solicitation, The City of Fairfield seeks to provide funding to support one or multiple temporary emergency shelter operations. An emergency shelter is defined as “housing with minimal supportive services for unhoused persons that is limited to occupancy of six months or less by an unhoused person.” Emergency shelters provide services coordinated to meet the immediate safety and survival needs of the individual or family served, including shelter, food, clothing, and other support services. These services are provided in a minimally intrusive environment. At a minimum, emergency shelters provide the following services directly on-site:
• Sleeping accommodations.
• Personal hygiene supplies and facilities, including toilets and wash basins; and • Showers and/ or bathtubs (temporary shelters may provide referrals to other facilities for these services).
Funding
The City of Fairfield (City) will use funds from the Homeless Services Division general and quality of life funds to support this project. Funding is available through this NOFA in the amount of $1.1 million with $550,000 available for the first year and remaining funds available in performance period year two. This is a one-time funding source with total funds expended by June 30, 2026.
This funding is intended to address and support the operational needs of organizations who are providing temporary emergency shelter and services to those who are unhoused in the City of Fairfield. Successful applicants will provide documentation for continued funding beyond the term of this funding. These funds shall not be used to supplant existing funds.
As a requirement to receive funding, the Executive Director of the organization must sign and agree to implement housing first and low barrier guidelines and agree to case conferencing with the Homeless Services Division to ensure these guidelines are being met.
Appropriate Use of Funds
Operational costs and essential services are those necessary to provide safe and healthy residential services and to connect people experiencing houselessness to permanent housing, income, public benefits, health and mental health services, and other support services to end houselessness.
Operational costs and essential services that may be covered by this NOFA.
• Personnel
• Benefits
• Administra�ve Services
• Client Support supplies/flex
funds
• Transporta�on Assistance for
clients
• Land/Building Rent
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2 • Program Supplies (Bedding,
Defoliators, emergency supplies,
etc.)
• U�li�es-Telephone/Cellular
Phone
• Maintenance & Repairs
• Minor Equipment/Furniture
• Copier Lease
• Office Supplies
• Vehicle
• Food Service Expense
Eligibility
Non-profit organizations are eligible to apply for funding. Projects must be within the City of Fairfield. The City strongly prefers organizations applying for funding to have experience with assisting unhoused households and aligns program with Housing First Solano Continuum of Care Written Standards for Service. The City may consider organizations without prior experience in the provision of services to the unhoused population provided the organization demonstrates they have project leadership and staff with the expertise and capacity in serving households coming out of houselessness.
Application Timeline:
Release of Request for Proposals: 5/1/2024
Deadline to Submit Questions Regarding this NOFA to:
April Cobb, Management Analyst at [email protected] Subject Line: NOFA-Temporary Emergency Shelter Operations
Question and Answer Meeting (non-mandatory)
Join Zoom Meeting
https://us06web.zoom.us/j/86015744880?pwd=aB29ybytCa5VjJlSjHhI2Ve 1fJQNca.1
Meeting ID: 860 1574 4880
Passcode: 117065
Meeting will be recorded and posted to City of Fairfield Website
5/8/2024 by
2 PM PST
5/9/2024 at
10 AM PST
5/10/2024 by
5 PM PST
Deadlines for Submission of Proposals to:
April Cobb, Management Analyst at [email protected] Subject Line: NOFA
5/24/2024 at
5 PM PST
Announcement of Recommended Awards of Funding 6/5/2024
Funding Recommendation to City Council for Final Approval 6/18/2024
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3 Program Description and Guidelines
Successful applicants or service providers will serve City of Fairfield residents who are literally unhoused using housing first and low barrier guidelines, as defined below.
The Department of Housing and Urban Development defines literally unhoused as an individual or family who lacks a fixed, regular, or adequate nighttime residence, meaning:
1. Has a primary nigh�me residence that is a public or private place not meant for human habita�on; or
2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transi�onal housing, and hotels and motels paid for by charitable organiza�ons or by federal, state, or local government programs); or
3. Is exi�ng an ins�tu�on where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habita�on immediately before entering that ins�tu�on.
Housing First is an unhoused assistance approach that prioritizes providing permanent housing to people experiencing houselessness, thus ending their houselessness and serving as a platform from which they can pursue personal goals and improve their quality of life. This approach is guided by the belief that people need basic necessities like food and a place to live before attending to anything less critical, such as getting a job, budgeting properly, or attending to substance use issues.
Additionally, Housing First is based on the understanding that a person’s choice is valuable in housing selection and supportive service participation, and exercising that choice is likely to make a person more successful in remaining housed and improving their life.
All successful applicants must incorporate the core components of Housing First into their program(s) that are receiving these funds. Housing First is an evidence-based model that uses housing as a tool, rather than a reward, and that centers on providing or connecting those experiencing houselessness to permanent housing as quickly as possible. Under the Housing First model, services offered are delivered in a low barrier, trauma informed, and culturally responsive manner and available on a voluntary basis, without preconditions that make housing contingent on participation in services. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used.
Low barrier means the requirements for entry and stay are limited or minimal. Low barrier programs and shelters encourage unhoused individuals to seek resources by eliminating obstacles such as sobriety as a requirement for admission. Organizations should have onsite regulations for substance use with an alternative approach to problem solving to keep individuals sheltered.
Harm Reduction and Trauma-Informed Care are evidence based alternative approaches for the unhoused. Harm reduction is an approach or strategy aimed at reducing the risks and harmful effects associated with substance use and addictive behaviors for the individual, the community and society as a whole. The trauma-Informed care approach recognizes the presence of trauma symptoms and acknowledges the role trauma may play in an individual’s life.
The City is seeking organizations with programs that will understand different people need different Packet Page 160 of 441Attachment 2 Page 29 of 50
4 solutions, will work with a person where they are and give them choices and options. Successful programs will provide wrap around or linkages to wrap around services and make all services voluntary. Using the low barrier approach, participants cannot be forced to participate in activities such as groups, taking medication or maintaining sobriety in order to remain housed. Programs can and are encouraged by the City to require participants to actively work towards housing solutions by offering safety, choice, collaboration, trustworthiness and empowerment.
Allowing partners, pets and property is another low barrier approach. There are many unhoused individuals who have partners, pets and property that are very important to them. The City is seeking a provider who recognizes partners, pets, and property as important and has an adequate plan and space for all.
Reporting
The Homeless Management Information System (HMIS) is an electronic database that tracks demographic information and performance outcomes at the client level, using standardized fields that allow for automatic system-wide reporting. All participants in successfully funded City project(s) must be entered in the Homeless Management Information System (HMIS) operated by the Continuum of Care in accordance with established policies and procedures. These procedures require providers to ask clients for signed consent to enter their information into the database and to conduct structured interviews at program entry, at program exit, and on the anniversary of each client’s entry into the program (if any clients remain in the program for at least 12 months). Funded agencies must sign a HMIS agency participation agreement and at least one staff person at each successfully funded agency will need to complete a free HMIS user training in order to become certified in HMIS privacy and data security techniques and will need to learn how to enter data correctly into the HMIS software.
Provider must grant City of Fairfield’s Homeless Services Division “viewer access” to the funded project within HMIS database.
Each user who enters data into HMIS will need to pay an annual license fee for new licenses. This is an eligible expense that may be included (if you wish) in the administrative portion of your application budget.
Items that must be tracked in HMIS include:
• The number of houseless persons served.
• The number of unsheltered houseless persons served.
• The average length of �me spent houseless before entry into the program or project. • The number of houseless persons exi�ng the program or project to permanent housing.
• The number of people that return to houselessness a�er exi�ng the program or project.
• The number of people that increased income while in the program. • Progress notes that are essen�al for coordina�on across the homeless response system including document readiness, housing op�ons offered and/or declined, and engagement efforts in ending houselessness.
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5 • Readmission status upon exit from the program must be documented in the notes in HMIS. Including �meline for eligibility for reentry.
Additional reporting requirements:
• YTD Served (All)
• YTD Served from City of
Fairfield
• Average length of Stay
(Overall)/Days
• Average length of Stay
(Successful Exit)/Days
• Occupancy Rate
• Average number of people per
day
• % from Fairfield served per day
• Increased income (all exits)
• Increased income (permanent
housing exit)
• Increased income from Fairfield
(at exit)
• Increased income (enrolled in
site-based employment
services)
Exit Destinations (All) and City of Fairfield Exit Destinations:
• Permanent Housing
• Temporary Housing
• Ins�tu�on Se�ng
• Homeless Situa�on
• Unknown
• Posi�ve Housing Outcome
• Other Outcome
Organizations must agree to exclusive referral ability for City of Fairfield supported beds from the City’s Homeless Services Division, County Coordinated Entry Provider and Outreach Provider contracted by the City of Fairfield and agree to bi-monthly case conferencing with the Homeless Services Division Staff.
Monthly reports of program outcomes will be due to the Homeless Services Division by the 10th of each month. Reporting outcomes documentation will be provided upon secured service contract.
Contracting
The contracting process will follow selection of awarded organization(s). Funding recipients must certify their acceptance of standard City of Fairfield contract terms and conditions (Exhibit A) and insurance requirements (Exhibit D). This will include reporting, reimbursement (Exhibit C), and monitoring requirements. Organization must be prepared to enter into contract with the City of Fairfield by June 4, 2024.
Submission of Proposal
The submission of a proposal shall not be deemed an agreement between the applicant and the City. The proposal is an offer by the applicant to perform services in accordance with the NOFA.
Specifically, the following provisions apply:
1. The City shall not be obligated to respond to any proposal submited nor be bound in any manner by the submission of a proposal.
2. Any agreement shall not be binding or valid against the City unless and un�l it is executed by the City and the selected applicant, and the applicant’s insurance, and/or other surety Packet Page 162 of 441Attachment 2 Page 31 of 50
6 guarantee have been accepted by the City.
The proposals received shall become the exclusive property of the City. ALL DOCUMENTS SUBMITTED
IN RESPONSE TO THE NOFA ARE CONSIDERED PUBLIC RECORDS AND WILL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST, unless exempt from disclosure under the Public Records Act or other applicable law. Please do not include confidential information or information that may violate the privacy or intellectual property rights of a third party.
The City reserves the unilateral right to amend this NOFA in writing at any time by both (1) posting the amendment on the City of Fairfield website and (2) sending e-mail notification to any applicants who have already submitted an application. Applicants are responsible for monitoring the website and/or their e-mail periodically in order to make themselves aware of any amendments.
The City reserves the right to reject part or all of one or more Proposals based on failure to meet any requirements stated in this NOFA. If the City does not receive an adequate quantity and/or quality of Proposals by the deadline, then the City, at its sole discretion, may choose to extend the deadline and/or make part or all of the funding available to applicants through a second round of requests for proposals.
The applications will be received by City of Fairfield Homeless Services Division staff and shared with a Rank and Review Panel. The Review Panel may recommend one or multiple Proposers for funding based on the Scoring Criteria. The Review Panel recommendation will be presented to the City for final approval of award of funding. The decision of the City will be final.
Cost of Submitting Proposals The cost of preparing and submitting a proposal is the sole responsibility of the applicant and shall not be chargeable in any manner to the City. The City will not reimburse any applicant for any costs associated with the preparation and submission of a proposal, including but not limited to, expenses incurred in making an oral presentation, or participating in an interview.
Proposal Submittal Format and Requirements
A. Submittals are to be single-sided, standard sized (8.5” x 11”) pages. Submittals are not limited in length; however, brevity and conciseness are encouraged. Number each page. To facilitate review by the Selection Committee, please submit information in accordance with the following format, identifying each item, in order, by the appropriate number and letter.
B. The submittal must provide the following information:
1. Cover sheet to indicate the name of the project, contact informa�on for the people responsible for the applica�on, and the amount of funding requested for this project.
2. Include a signed and dated statement by the agency’s Execu�ve Director sta�ng, “I have reviewed this applica�on, and I hereby cer�fy that the informa�on contained herein is true, complete and accurate to the best of my knowledge.” In addi�on, please indicate that you reviewed and accept the City of Fairfield standard contract without qualifica�on or are reques�ng qualifica�ons and indicate the requested qualifica�ons. If the applicant is a non- profit organiza�on, proof of non-profit status is required and can be submited via a Packet Page 163 of 441Attachment 2 Page 32 of 50
7 determina�on leter from the State Franchise Tax Board or Federal Internal Revenue Service confirming non-profit status.
3. Complete an essay response answering items listed below. The essay response should be no more than 10 pages in length and address all essay topics described below with each sec�on labeled by heading (A-J) for this project. Indicate any similar projects your firm has completed recently.
A. Descrip�on of Program
Describe the proposed program, including where the program will be located, who the program is intended to serve, the ac�vi�es that are being proposed, how the program will meet the program guidelines described in this NOFA, and how the project will be sustained beyond the funding provided by the City of Fairfield funding, if applicable.
Describe how the program will maintain capacity for temporary emergency sheltering in Fairfield. Provide specific numbers intended to be served and the length of �me they will be served.
Provide the proposed program’s site management plan or opera�ons plan and program guidelines/par�cipant handbook.
B. Low-barrier, Housing First policies and prac�ces
Describe how the project will adopt a Housing First approach in accordance with Sec�on 8255(b) of the State of California Welfare and Ins�tu�ons Code, available at
htps://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCod e=WIC&division=8.&�tle=&part=&chapter=6.5.&ar�cle=
Describe your experience working with clients “where they are at,” including, cultural competency, diverse family units, mental health and substance use, religious beliefs, criminal histories, sexual orienta�on, and undocumented immigrants.
Describe how you will implement low-barrier, harm reduc�on, and trauma-informed care principles.
C. Program outcomes
Provide a minimum of two measurable outcomes of the proposed program for the last two years. Programs in opera�on less than two years, provide outcomes to date.
If requested funds are for a new program, describe the strategy for outcomes and success in previous programs.
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8 Provide success rates in permanent housing solu�ons for the past two years. Programs in opera�on for less than two years provide success rates to date.
Provide the rate of those returning to houselessness or nega�ve discharges from the program.
If requested funds are for a new program, describe strategies to minimize returning to houselessness and nega�ve discharges.
Describe organiza�ons’ plan to lower rates of exits back to houselessness or nega�ve discharges.
Provide an Annual Performance Report (APR) showing the program’s progress in achieving goals and objec�ves populated directly from HMIS.
D. Timeline Narrative
Please provide a timeline detailing how the project will be accomplished from start-up to completion of the contract term. The timeline should include/identify start and completion dates for activities, significant milestones and program phases including planning, implementation, completion, and evaluation.
Describe any difficul�es that you might encounter in implemen�ng your proposed �meline and how you will avoid or overcome these difficul�es.
E. Proven experience and capacity
Describe your organiza�on’s experience in reducing houselessness and connec�ng unhoused individuals to housing.
Describe your experience in opera�ng and managing temporary emergency shelter programs in California, including project name, dates/length of �me in opera�on, loca�on(s), capacity, services provided, annual opera�ng budget with funding sources and specific programma�c.
Include in your descrip�on your organiza�on’s experience related to:
• Policies and prac�ces that address and assess racial and ethnic equity, including equal access and non-discrimina�on, collec�on of racial, ethnic, and linguis�c data, language interpreta�on, partnerships, training, etc.
• Grievance and feedback policies.
• Assessment of safety for people fleeing domes�c violence.
Packet Page 165 of 441Attachment 2 Page 34 of 50
9 • Par�cipa�on in community-based ini�a�ves to reduce
houselessness.
• Working with HMIS and Coordinated Entry systems.
F. Demonstrated experience with diverse populations.
Describe your organiza�on’s experience in providing services to diverse popula�ons, including individuals and families experiencing chronic houselessness, mental health complica�ons, substance use, religious beliefs, criminal histories, sexual orienta�on, diverse family units, unaccompanied youth, transi�onal age youth, youth exi�ng the foster care system, seniors, and undocumented immigrants.
G. Fiscal management with diverse funding sources
Describe your organiza�on’s experience successfully administering a complex budget and u�lizing diverse private, local, state, and/or federal funding streams for opera�ons and services.
Submit a copy of their most recent financial audit if annual gross revenue exceeds $2 million as required by CA Gov. Code 12586(e), or IRS Form 990 if annual gross revenue is less than $2 million. The report should be dated no earlier than 1/1/2022.
Iden�fy if any organiza�on that is party to this applica�on received any problema�c audit or monitoring findings or concerns within the past 4 years. If so, please describe the findings/concerns and what has been done to address them.
Explain your organiza�on’s financial management policies and procedures and how they are demonstra�ve of sound financial management prac�ces, including management of program budgets and ability to provide �mely financial reports and corresponding program on a regular basis.
Provide the following for your organiza�on:
• Dates and circumstances related to any involuntary realloca�on of project funding.
• Dates and circumstances related to any open li�ga�on and/or disputes that could result in a financial setlement.
• Dates and circumstances related to any bankruptcy filing.
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10 H. Partnerships with community stakeholders
Describe your familiarity with the City of Fairfield, the Housing First Solano Con�nuum of Care and Coordinated Entry System, and other providers and resources within the City.
Describe your strategy for engaging par�cipants in Fairfield.
Iden�fy any addi�onal or unique resources, capabili�es, or services which your organiza�on would bring to this program .
I. Qualifications of Key Staff
Describe the role of top leadership in your organiza�on, Execu�ve Board, Board of Directors, and/or trustees and how they contribute to a sustainable and growing organiza�onal environment.
Describe the relevant residen�al, case management, and/or clinical experience for each staff member/posi�on and their experience with emergency housing services, harm reduc�on and trauma-informed care, as well as any lived experience of houselessness. If you have not yet hired any staff and/or you do not plan to re-assign exis�ng staff, then provide the job descrip�ons for those posi�ons.
Describe the qualifica�ons/experience of the staff members(s) responsible for financial report prepara�on, management, and submital.
J. Budget and Budget Narrative
Provide a budget narra�ve explaining the costs outlined in your budget and how the expenses requested are connected to your program.
Provide the proposed cost per night.
Describe other funding sources that will be used to support the program and the percentage of City of Fairfield funds used to cover opera�ons of program.
Describe how your proposed program is an appropriate use of the City of Fairfield’s one-�me funding, and how you will sustain your project a�er the end of the funding term by comple�ng the atach Budget Worksheet (Exhibit E).
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11 THRESHOLD
Project-Specific Threshold Factors Status
1. Housing First Emergency Shelter: The project will commit to running a low- barrier, Housing First, program. Does program meet temporary emergency shelter defini�on?
Pass/Fail
2. Coordinated Entry: The project will par�cipate in coordinated entry Pass/Fail
3. HMIS: The project will enter data for all City of Fairfield funded beds into HMIS (or comparable database for domes�c violence services) and grant City of Fairfield’s Homeless Services Division “viewer access” to the funded project within HMIS database.
Pass/Fail
4. Equal Access: The project will provide equal access and fair housing without regard to sexual orienta�on, gender iden�ty, or local residency status. Pass/Fail
5. Connec�on to Mainstream Benefits: Project has a specific plan to coordinate and integrate with other mainstream health, social services, and employment programs and ensure that program par�cipants are assisted to obtain benefits.
If the agency has any current clients, the plan must men�on the percentage of current clients who have obtained at least one mainstream benefit while enrolled in the agency’s program(s).
Pass/Fail
6. Policies: Projects will have policies regarding termina�on of assistance, client grievances, Equal Access/non-discrimina�on, ADA and fair housing requirements, VAWA protec�on, and confiden�ality that are compliant with Pass/Fail
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12 SCORING RUBIC
Program Description (30 Points) Scoring Guide Points
Award 2 points for each item Below.
• Loca�on of program
• Ac�vi�es of program.
• Provided how guidelines will be met.
• Project sustainability beyond NOFA
funding.
• Execu�ve Director signed statement.
Provided clear descrip�on of the
program, how the program meets
the scope of the NOFA and how the
project will maintain capacity in the
City of Fairfield.
10 Provided how capacity will be
maintained.
• Specific number served.
• Length of �me will be
served.
10 Provided:
• Site Management Plan or
Opera�ons Plan
• Program guidelines/par�cipant
handbook.
10 Housing First & Low Barrier (25 Points) Scoring Guide Points Clearly iden�fied understanding of and
experience with low-barrier approaches
including Housing First approach in mee�ng
clients “where they are at” harm reduc�on,
and trauma informed approaches.
Yes, the agency offers Housing First
Training to staff.
10 There are no program access
restrictions for clients based on
sobriety or mental health.
5 No, clients are not required to
participate in mandatory classes,
therapy, job training, or interventions.
5 The program provided rare or unique
options, e.g., allowed partners, pets,
and property.
5 Packet Page 169 of 441Attachment 2 Page 38 of 50
13 Program Outcomes (50 Points)
Scoring Guide Points
Provided experience reducing houselessness,
connec�ng unhoused individuals to housing
and has data to support meeting or exceeding
the 30% federal standard for occupancy and
provide Annual Performance Report for last
two years.
HMIS DATA
<5% error award 3 points
5-9.9% award 1.5 points
10-14.9% .5 point
Greater than or equal to 15% error 0 points
Provided a minimum of two
measurable outcomes of the
proposed program for the last two
years. If less than two years, provided
outcomes to date.
New programs: Provided a narrative
proposal of realistic strategy for
outcomes or provided realistic
strategy for outcomes for two years
from a similar program.
20 Provided Annual Performance Report
for the last two years.
5 The percentage of participants that
obtained or maintained permanent
supportive housing is at least 30%.
5 The percentage of participants that
returned to houselessness and
percentage of outcomes list as
“Unknown”.
10 Provided a clear plan to lower rates of
exits back to houselessness or negative
discharges.
5 The percentage of data points that are
recorded as missing, don’t know, client
refused to answer, and/or unable to
calculate. Lower percentages are
better. (See scoring chart to the left)
5 Timeline Narrative (10 points) Scoring Guide Points
The timeline identified and described the
significant phases and activities of the project.
Included timeline detailing how the
project will be accomplished from
start-up to completion of the contract
term.
5 Included difficulties that might occur in
implementing timeline and a plan to
overcome difficulties.
5 Packet Page 170 of 441Attachment 2 Page 39 of 50
14 Qualifications and Experience (25 points) Scoring Guide Points Provided Experience and Capacity
Provided experience with Diverse Populations
Provided:
• Descrip�on of program.
• Policies and Prac�ce for equal
access.
• Grievance and feedback policy.
• Safety Assessment for people
fleeing DV.
• Par�cipa�on in community-
based ini�a�ves.
• Provided clear examples of how
program reduced
houselessness and connected
unhoused individuals to
housing.
20 • Individuals and families
experiencing chronic
houselessness.
• Mental Health Complica�ons.
• Substance Use.
• Religious Beliefs.
• Criminal histories.
• Sexual Orienta�on.
• Seniors.
• Undocumented.
5 Packet Page 171 of 441Attachment 2 Page 40 of 50
15 Fiscal Management with Diverse Funding Sources
(25 points)
Scoring Guide Points
Award 1 point for each category addressed below:
• Private funding.
• Local funding.
• State funding.
• Federal funding.
• Other.
Provided organization’s financial management
policies and procedures.
City of Fairfield funding is a one-time funding
source.
Provided detailed experience
administering a complex budget and
utilizing different funding streams.
5 Submitted a copy of their most
recent financial audit report dated
earlier than 1/1/2022 based on
guidelines in the NOFA
5 Provided problematic audit or
monitoring findings for the past 4 years
and how findings were
addressed/resolved.
5 • Management of program
budget.
• Management of �mely financial
Reports.
• Involuntary realloca�on of
program funds.
• Any open li�ga�on and/or
disputes because of financial
setlement.
5 Provided method or other funding
sources for sustainability beyond the
funding provided by the City of Fairfield
funding and provide
5 Budget and Budget Narrative (20 points) Scoring Guide Points Award 5 points for each item addressed below:
• Cost and expenses clearly outlined.
• Cost per night.
• Other funding sources and percentage of
City of Fairfield funds being used to fund
program.
• Clear plan to sustain program a�er one-
�me funding term ends.
Provided budget narrative. 20
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16 Partnerships with Community Stakeholders
Staffing (15 points)
Scoring Guide Points
Award 1.6 points for connection to each agency.
• Housing First Solano Con�nuum of Care
• Solano County Coordinated Entry System
• Other providers or resources within the
City of Fairfield.
Provided detailed description of
community partners and stakeholders
and if/how they connect with these
entities.
5 Provided list of top leadership and how
they contribute to a sustaining and
growing organization.
5 Provided qualifications/experience
of the staff member responsible for
financial report preparation,
management, and submittals.
5 Total 200
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17 EXHIBIT “A”
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and _______________________ ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz .
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through _____________; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets Packet Page 174 of 441Attachment 2 Page 43 of 50
18 regula�ons. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more informa�on, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our- work/programs/advanced-clean-fleets
11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: ________________
E-mail: ________________
Address: ________________
Telephone: ________________
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: ________________
E-mail: ________________
Address: ________________
Telephone: ________________
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:__________________________________
CONSULTANT
By:___________________________________
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19 EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:
Personnel Hourly Rate
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the __________________ for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the _____________________________.
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20 EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
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21 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permited by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collec�vely “CITY Indemnitees”) from and against any and all claims, losses, liabili�es, damages, costs and expenses, including atorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct propor�on to the CONSULTANT’s propor�onate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of setlement or resolu�on without a court, jury or arbitrator having made a determina�on of the CONSULTANT’s percentage of fault, the par�es agree to media�on with a third party neutral to determine the CONSULTANT’s propor�onate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or ac�ons of every name, kind and descrip�on, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous ac�vi�es, ac�vi�es giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or ac�ng as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Sec�on 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers.
When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
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22 As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corpora�on, limited liability corpora�on, non-profit corpora�on or other form of organiza�on. b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax iden�fica�on number.
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23 EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed opera�ons, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/loca�on or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensa�on insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deduc�bles or self-insured reten�ons must be declared to and approved by the CITY. At the op�on of the CITY, either the insurer shall reduce or eliminate such deduc�bles or self-insured reten�ons as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related inves�ga�ons, claim administra�on and defense expenses.
b) The general and automobile liability policies (and if applicable, pollu�on liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
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24 i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. iv) The CONSULTANT’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. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY. vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into as of this ____ day of ___________2024, ("Effective Date") between Bay North Church of Christ, a California nonprofit public business corporation (“PROVIDER”), and the CITY OF FAIRFIELD, a California municipality (“CITY”). Unless specifically identified, each may be referred to individually as "Party" or collectively as "Parties", as the context may require.
NOW, THEREFORE, the Parties agree as follows:
Part I
Roles and Responsibilities
A. CITY’s Role and Responsibilities.
1. CITY, through the City Manager or Designee, shall designate a primary point of contact for all matters related to the performance of this Agreement (“City Liaison”).
2. CITY’S role is to provide administrative oversight and monitoring of Emergency Shelter Operations Funding (“Program”) for winter sheltering.
3. CITY shall approve operational procedures, eligibility screening requirements, and enrollment guidelines. Future changes require the same approval.
B. PROVIDER’S Role and Responsibilities.
1. PROVIDER shall designate a primary point of contact for all matters related to the performance of this Agreement (“Provider Liaison”).
2. PROVIDER will provide the non-exclusive use of the Property for the Program at no cost so long as the Program is operating; and provide access to tap water and a reasonable supply of electricity for the Program, with the cost of electricity utilities to be paid by the PROVIDER.
3. PROVIDER hereby agrees to use the funds for eligible activities as approved by the CITY and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Temporary Emergency Shelter Operations Notice of Funding Availability (NOFA).
4. PROVIDER shall ensure permits are in place and current to operate as an emergency shelter according to the City of Fairfield Urgency Ordinance NO. 2020-15.
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5.PROVIDER will strictly comply with the terms, conditions, and requirements of the Statutes, Guidelines, the Notice of Funding Availability (NOFA), the "Standard Agreement" entered into by the CITY and the Department attached as Exhibit "E", and this Agreement.
6.PROVIDER must provide emergency shelter activities in a manner consistent with the Housing First Practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC section 8255(b)(8).
7.PROVIDER shall provide a minimum of 10 emergency shelter beds with “wrap around” services at Bay North Church of Christ (located at 2100 Pennsylvania Ave, Fairfield, CA 94533) for people experiencing being unhoused. PROVIDER’S services for each unhoused individual shall include, but not be limited to, providing sleeping accommodations, personal hygiene supplies, bathroom facilities, food (1 meal per day night), referrals for case management, housing navigation, public benefits, and substance use treatment, subject to the requirements of the Bay North Management Plan attached as Exhibit “A”.
Program Budget as attached in Exhibit “B”, Insurance Requirements as attached in Exhibit "C” and NOFA requirements as attached Exhibit "D".
8.In order to limit impact on surrounding properties, hours of operation for intake of guests and provision of services shall be limited from 6:30 PM to 6:30 AM daily from November 1, 2024, through March 31, 2025.
9.PROVIDER shall make good faith effort to give priority admission to Fairfield residents.
10.PROVIDER will ensure that the Property will meet Health and Safety Requirements and comply with local codes, as appropriate, have appropriate security personnel, be accessible to participants, and have sufficient staff and funds to operate the Program.
11.PROVIDER shall prepare and enforce all rules as outlined in the Management Plan, to be approved by CITY, and included in PROVIDER's shelter policies for conduct and safety.
12.PROVIDER shall utilize the Homeless Management Information System (HMIS) (or alternative case management system as approved by the CITY) to ensure accurate data is collected for reporting and referrals. Copies of all referral forms shall be provided in a location accessible to the CITY and shall be kept current.
13.PROVIDER shall integrate and coordinate with existing Solano County Housing First homeless initiatives so long as there is no threat to the safety of PROVIDER staff or Participants.
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14. PROVIDER shall make available as requested by CITY, Participant and Program data for those served under this Agreement, including but not limited to data on Participant intake and exit, when and where participants have exited, and Program successes and challenges. PROVIDER shall submit monthly reports no later than 15 days after the end of each month during the contract period and a final narrative report within thirty {30} days after the end of the contract period, in a format approved by CITY, and other reports as may be required by CITY. The report will include a narrative accounting of the progress achieved toward the Scope of Work objectives, and the following client information:
i. Types of services rendered to clients
ii. Client Characteristics
1. Client intake/exits
2. Date of admittance, length of stay
3. Client HMIS number (unduplicated)
4. City of residency (or location of last place stayed prior to coming to Shelter)
5. Race/ethnicity
6. Gender
7. Age
8. Number of clients with disabilities (specific type of disability)
9. Number of clients who are veterans of the U.S. Armed Forces
15. PROVIDER shall make available reporting data for the length of this Agreement, including all program related expenses set forth in Exhibit "B" for the prior month with the proper back-up documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or payroll stubs, occupancy data etc.). Any expense not authorized by this Agreement as set forth in Exhibit "B" and/or submitted without proper back-up documentation will be disallowed and must be reimbursed to the CITY.
16. PROVIDER shall immediately exit any Participant remaining after the term of this Agreement expires unless transferred to another funded program.
17. PROVIDER shall provide the CITY within five (5) business days with such reports and information as the CITY may reasonably request.
18. PROVIDER, at its own expense, shall procure and maintain for the duration of this Agreement policies of insurance, the requirements for which are set forth in Exhibit "C".
C. Mutual Roles and Responsibilities
1. It is the intent of the Parties to be collaborative in all matters to ensure the health and safety of the residents of the City of Fairfield.
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2. Parties agree that the services provided under this Agreement will be made available at the following address (Property):
Bay North Church of Christ
2100 Pennsylvania Avenue
Fairfield, CA 94533
3. Prior to placement of any individuals at the Property, the Parties shall establish a mutually agreed upon written policy and process for intervening in escalating problems that could lead to eviction of any resident while the declaration of the State of Emergency remains in effect. Both Parties agree to work together to find resolutions that avoid eviction whenever possible. The written policy shall clearly define the type(s) of behavior that could lead to eviction, set concrete notice requirements for residents at-risk of eviction, and set forth the specific roles of the CITY and PROVIDER. It shall also establish a process for managing the repercussions of any eviction.
4. The Parties shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and all applicable state laws, regulations, and policies relating to client rights and confidentiality.
5. The PROVIDER agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the PROVIDER, its Subrecipients, and any other grant activity.
Part II
General Terms. and Conditions
A. Term of Agreement.
The term of this Agreement shall begin on November 1, 2024, and shall remain in effect until March 31, 2025, and may be renewed in writing at the discretion of the CITY for a second year (November 1, 2025, to March31, 2026), unless earlier terminated in writing by the Parties.
B. Payment.
In consideration for the costs incurred for the services to be provided under this Agreement, CITY shall pay to PROVIDER $30,000.00 based on a reimbursement basis every thirty (30) days during the term of the contract until the expiration or termination of this Agreement. The payments made by CITY to PROVIDER under this Agreement shall Packet Page 185 of 441Attachment 3 Page 4 of 39
collectively be referred to as the "City Funds." The total amount of the City Funds shall not exceed $150,000.00 in performance year one (2024-2025) and $150,000 in performance year two (2025-2026). This equates to approximately $100 per night, per bed for the 5- month period. The monthly allowable line-item cost for "Operating Costs" as referred to in Program Budget as attached in Exhibit "B", for a minimum of (10) beds shall be $30,000.00 whether the beds are filled or not. City Funds must be spent in accordance with this Agreement. Any City Funds remaining that are not expended or legally obligated for the services required to be provided by PROVIDER upon expiration or termination of this Agreement shall be returned to CITY within thirty (30) days. PROVIDER shall maintain invoices with receipts, or other documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or pay stubs, occupancy data etc.) supporting expenditures made pursuant to this Agreement and shall submit such documentation to CITY within thirty (30) days following receipt of initial payment of City Funds and by the 15th of every month thereafter. Any tangible property purchased with City Funds during the duration of this Agreement is considered the property of the CITY.
C. Indemnification.
Each Party shall indemnify, defend, protect, hold harmless, and release the other Party and its elected bodies, officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying Party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee benefit acts.
D. No Waiver.
The waiver by any Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
E. Notices.
All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that a Party desires to give to the other Parties shall be addressed to the other Parties at the addresses set forth below. A Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
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PROVIDER
Sam Morris, CEO
Bay North Church of Christ
2100 Pennsylvania Avenue
Fairfield, CA 94533
CITY OF FAIRFIELD
David Gassaway, City Manager City of
Fairfield
1000 Webster Street
Fairfield, CA 94533-4836
F. Amendment/Modification.
This Agreement may be modified or amended only in writing and with the prior written consent of the Parties.
G. Termination.
1. Termination for Convenience: Either Party may terminate this Agreement for any reason by notifying the other party in writing thirty (30) days prior to the effective date of termination.
2. Termination for Cause: If PROVIDER fails to perform any of the responsibilities under this Agreement or if PROVIDER fails to comply with any other provisions of this Agreement, the CITY may terminate this Agreement for cause. Termination shall be effected by serving written notice of termination on the PROVIDER setting forth the manner by which PROVIDER is in default.
If it is later determined by the CITY that the PROVIDER had an excusable reason for not performing, such as an epidemic, fire, or other events which are not the fault of or are beyond the control of the PROVIDER, the CITY, after setting up a new delivery of performance schedule, may allow the PROVIDER to continue work, or treat the termination as a termination for convenience.
3. Opportunity to Cure: The CITY in its sole discretion may, in the case of a termination for breach or default, allow the PROVIDER five (5) days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
If PROVIDER fails to remedy to CITY's satisfaction and within five (5) days of receipt of the written notice of termination, CITY shall have the right to terminate the Agreement without any further obligation to PROVIDER.
4. Waiver of Remedies: In the event that CITY elects to waive its remedies for any breach by PROVIDER of any covenant, term or condition of this Agreement, such waiver by CITY shall not limit CITY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement.
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H. Severability.
If any provision or portion of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
I. Compliance with all Laws. Venue.
The Parties shall observe and comply with all applicable federal, state, and local laws, ordinances, and codes. Venue for any legal dispute shall be the Solano County Superior Court or the United States Eastern District of California.
J. Non-Discrimination Clause.
1. During the performance of this Agreement, the Parties and their subcontractors shall not deny any benefits or privileges to any person on the basis of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation. Each Party shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
2. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), regulations promulgated pursuant to it (Title 2, California Code of Regulations, section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time.
K. Access to Records and Retention.
All Parties, acting through their duly authorized representative, as well as any federal or state granter agency providing all or part of the funding associated with this Agreement, the papers, Controller, the Comptroller General of the United States, and the duly authorized representatives of any of Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions.
Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.
L. Assignment.
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Except as otherwise permitted by this Agreement, no assignment of rights and obligations hereunder shall be valid without prior written consent of the non-assigning Party.
M. Entirety of Agreement.
This Agreement constitutes the entire Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, among the Parties with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the date first above written.
PROVIDER CITY OF FAIRFIELD, a municipal corporation
By: ___________________ By: _________________________ Sam Morris, CEO David Gassaway, City Manager
APPROVED AS TO FORM
By: __________________________
City Attorney
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EXHIBIT A
BAY NORTH MANAGEMENT PLAN 2024
[attached]
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EXHIBIT B
BAY NORTH CHURCH OF CHRIST PROGRAM BUDGET
[attached]
BUDGET FOR BAY NORTH CHURCH OF CHRIST
EMERGENCY SHELTER MOU WINTER SHELTER FOR 10 PEOPLE
Budget Item Monthly Rate Total Months Total Contract Operating Cost $30,000.00 5 $150,000.00
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EXHIBIT “C”
INSURANCE REQUIREMENTS
AGENCY shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the AGENCY, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the
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insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the AGENCY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the AGENCY; products and completed operations of the AGENCY; premises owned, occupied or used by the AGENCY; and automobiles owned, leased, hired or borrowed by the AGENCY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the AGENCY’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the AGENCY’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The AGENCY’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. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the AGENCY’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. AGENCY shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person Packet Page 194 of 441Attachment 3 Page 13 of 39
authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, AGENCY shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. AGENCY shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of AGENCY to verify existence of sub-contractor’s insurance shall not relieve AGENCY from any claim arising from sub-contractors work on behalf of AGENCY.
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City of Fairfield
Notice of Funding Availability (NOFA)
for
Temporary Emergency Shelter Operations
Proposal Due:
5/24/2024
All inquiries and/or questions shall be submitted in writing to
[email protected]
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1 Introduction
According to the Solano County 2022 Point in Time count, there are 1,179 unhoused individuals in Solano County. Approximately, three hundred (300) of those individuals are in the City of Fairfield.
This Notice of Funding Availability (NOFA) is part of the City of Fairfield’s commitment to reduce houselessness, the impacts of houselessness in our community and increase bed/interim housing capacity for those who are unhoused.
With this solicitation, The City of Fairfield seeks to provide funding to support one or multiple temporary emergency shelter operations. An emergency shelter is defined as “housing with minimal supportive services for unhoused persons that is limited to occupancy of six months or less by an unhoused person.” Emergency shelters provide services coordinated to meet the immediate safety and survival needs of the individual or family served, including shelter, food, clothing, and other support services. These services are provided in a minimally intrusive environment. At a minimum, emergency shelters provide the following services directly on-site:
• Sleeping accommodations.
• Personal hygiene supplies and facilities, including toilets and wash basins; and • Showers and/ or bathtubs (temporary shelters may provide referrals to other facilities for these services).
Funding
The City of Fairfield (City) will use funds from the Homeless Services Division general and quality of life funds to support this project. Funding is available through this NOFA in the amount of $1.1 million with $550,000 available for the first year and remaining funds available in performance period year two. This is a one-time funding source with total funds expended by June 30, 2026.
This funding is intended to address and support the operational needs of organizations who are providing temporary emergency shelter and services to those who are unhoused in the City of Fairfield. Successful applicants will provide documentation for continued funding beyond the term of this funding. These funds shall not be used to supplant existing funds.
As a requirement to receive funding, the Executive Director of the organization must sign and agree to implement housing first and low barrier guidelines and agree to case conferencing with the Homeless Services Division to ensure these guidelines are being met.
Appropriate Use of Funds
Operational costs and essential services are those necessary to provide safe and healthy residential services and to connect people experiencing houselessness to permanent housing, income, public benefits, health and mental health services, and other support services to end houselessness.
Operational costs and essential services that may be covered by this NOFA.
• Personnel
• Benefits
• Administra�ve Services
• Client Support supplies/flex
funds
• Transporta�on Assistance for
clients
• Land/Building Rent
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2 • Program Supplies (Bedding,
Defoliators, emergency supplies,
etc.)
• U�li�es-Telephone/Cellular
Phone
• Maintenance & Repairs
• Minor Equipment/Furniture
• Copier Lease
• Office Supplies
• Vehicle
• Food Service Expense
Eligibility
Non-profit organizations are eligible to apply for funding. Projects must be within the City of Fairfield. The City strongly prefers organizations applying for funding to have experience with assisting unhoused households and aligns program with Housing First Solano Continuum of Care Written Standards for Service. The City may consider organizations without prior experience in the provision of services to the unhoused population provided the organization demonstrates they have project leadership and staff with the expertise and capacity in serving households coming out of houselessness.
Application Timeline:
Release of Request for Proposals: 5/1/2024
Deadline to Submit Questions Regarding this NOFA to:
April Cobb, Management Analyst at [email protected] Subject Line: NOFA-Temporary Emergency Shelter Operations
Question and Answer Meeting (non-mandatory)
Join Zoom Meeting
https://us06web.zoom.us/j/86015744880?pwd=aB29ybytCa5VjJlSjHhI2Ve 1fJQNca.1
Meeting ID: 860 1574 4880
Passcode: 117065
Meeting will be recorded and posted to City of Fairfield Website
5/8/2024 by
2 PM PST
5/9/2024 at
10 AM PST
5/10/2024 by
5 PM PST
Deadlines for Submission of Proposals to:
April Cobb, Management Analyst at [email protected] Subject Line: NOFA
5/24/2024 at
5 PM PST
Announcement of Recommended Awards of Funding 6/5/2024
Funding Recommendation to City Council for Final Approval 6/18/2024
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3 Program Description and Guidelines
Successful applicants or service providers will serve City of Fairfield residents who are literally unhoused using housing first and low barrier guidelines, as defined below.
The Department of Housing and Urban Development defines literally unhoused as an individual or family who lacks a fixed, regular, or adequate nighttime residence, meaning:
1. Has a primary nigh�me residence that is a public or private place not meant for human habita�on; or
2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transi�onal housing, and hotels and motels paid for by charitable organiza�ons or by federal, state, or local government programs); or
3. Is exi�ng an ins�tu�on where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habita�on immediately before entering that ins�tu�on.
Housing First is an unhoused assistance approach that prioritizes providing permanent housing to people experiencing houselessness, thus ending their houselessness and serving as a platform from which they can pursue personal goals and improve their quality of life. This approach is guided by the belief that people need basic necessities like food and a place to live before attending to anything less critical, such as getting a job, budgeting properly, or attending to substance use issues.
Additionally, Housing First is based on the understanding that a person’s choice is valuable in housing selection and supportive service participation, and exercising that choice is likely to make a person more successful in remaining housed and improving their life.
All successful applicants must incorporate the core components of Housing First into their program(s) that are receiving these funds. Housing First is an evidence-based model that uses housing as a tool, rather than a reward, and that centers on providing or connecting those experiencing houselessness to permanent housing as quickly as possible. Under the Housing First model, services offered are delivered in a low barrier, trauma informed, and culturally responsive manner and available on a voluntary basis, without preconditions that make housing contingent on participation in services. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used.
Low barrier means the requirements for entry and stay are limited or minimal. Low barrier programs and shelters encourage unhoused individuals to seek resources by eliminating obstacles such as sobriety as a requirement for admission. Organizations should have onsite regulations for substance use with an alternative approach to problem solving to keep individuals sheltered.
Harm Reduction and Trauma-Informed Care are evidence based alternative approaches for the unhoused. Harm reduction is an approach or strategy aimed at reducing the risks and harmful effects associated with substance use and addictive behaviors for the individual, the community and society as a whole. The trauma-Informed care approach recognizes the presence of trauma symptoms and acknowledges the role trauma may play in an individual’s life.
The City is seeking organizations with programs that will understand different people need different Packet Page 199 of 441Attachment 3 Page 18 of 39
4 solutions, will work with a person where they are and give them choices and options. Successful programs will provide wrap around or linkages to wrap around services and make all services voluntary. Using the low barrier approach, participants cannot be forced to participate in activities such as groups, taking medication or maintaining sobriety in order to remain housed. Programs can and are encouraged by the City to require participants to actively work towards housing solutions by offering safety, choice, collaboration, trustworthiness and empowerment.
Allowing partners, pets and property is another low barrier approach. There are many unhoused individuals who have partners, pets and property that are very important to them. The City is seeking a provider who recognizes partners, pets, and property as important and has an adequate plan and space for all.
Reporting
The Homeless Management Information System (HMIS) is an electronic database that tracks demographic information and performance outcomes at the client level, using standardized fields that allow for automatic system-wide reporting. All participants in successfully funded City project(s) must be entered in the Homeless Management Information System (HMIS) operated by the Continuum of Care in accordance with established policies and procedures. These procedures require providers to ask clients for signed consent to enter their information into the database and to conduct structured interviews at program entry, at program exit, and on the anniversary of each client’s entry into the program (if any clients remain in the program for at least 12 months). Funded agencies must sign a HMIS agency participation agreement and at least one staff person at each successfully funded agency will need to complete a free HMIS user training in order to become certified in HMIS privacy and data security techniques and will need to learn how to enter data correctly into the HMIS software.
Provider must grant City of Fairfield’s Homeless Services Division “viewer access” to the funded project within HMIS database.
Each user who enters data into HMIS will need to pay an annual license fee for new licenses. This is an eligible expense that may be included (if you wish) in the administrative portion of your application budget.
Items that must be tracked in HMIS include:
• The number of houseless persons served.
• The number of unsheltered houseless persons served.
• The average length of �me spent houseless before entry into the program or project. • The number of houseless persons exi�ng the program or project to permanent housing.
• The number of people that return to houselessness a�er exi�ng the program or project.
• The number of people that increased income while in the program. • Progress notes that are essen�al for coordina�on across the homeless response system including document readiness, housing op�ons offered and/or declined, and engagement efforts in ending houselessness.
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5 • Readmission status upon exit from the program must be documented in the notes in HMIS. Including �meline for eligibility for reentry.
Additional reporting requirements:
• YTD Served (All)
• YTD Served from City of
Fairfield
• Average length of Stay
(Overall)/Days
• Average length of Stay
(Successful Exit)/Days
• Occupancy Rate
• Average number of people per
day
• % from Fairfield served per day
• Increased income (all exits)
• Increased income (permanent
housing exit)
• Increased income from Fairfield
(at exit)
• Increased income (enrolled in
site-based employment
services)
Exit Destinations (All) and City of Fairfield Exit Destinations:
• Permanent Housing
• Temporary Housing
• Ins�tu�on Se�ng
• Homeless Situa�on
• Unknown
• Posi�ve Housing Outcome
• Other Outcome
Organizations must agree to exclusive referral ability for City of Fairfield supported beds from the City’s Homeless Services Division, County Coordinated Entry Provider and Outreach Provider contracted by the City of Fairfield and agree to bi-monthly case conferencing with the Homeless Services Division Staff.
Monthly reports of program outcomes will be due to the Homeless Services Division by the 10th of each month. Reporting outcomes documentation will be provided upon secured service contract.
Contracting
The contracting process will follow selection of awarded organization(s). Funding recipients must certify their acceptance of standard City of Fairfield contract terms and conditions (Exhibit A) and insurance requirements (Exhibit D). This will include reporting, reimbursement (Exhibit C), and monitoring requirements. Organization must be prepared to enter into contract with the City of Fairfield by June 4, 2024.
Submission of Proposal
The submission of a proposal shall not be deemed an agreement between the applicant and the City. The proposal is an offer by the applicant to perform services in accordance with the NOFA.
Specifically, the following provisions apply:
1. The City shall not be obligated to respond to any proposal submited nor be bound in any manner by the submission of a proposal.
2. Any agreement shall not be binding or valid against the City unless and un�l it is executed by the City and the selected applicant, and the applicant’s insurance, and/or other surety Packet Page 201 of 441Attachment 3 Page 20 of 39
6 guarantee have been accepted by the City.
The proposals received shall become the exclusive property of the City. ALL DOCUMENTS SUBMITTED
IN RESPONSE TO THE NOFA ARE CONSIDERED PUBLIC RECORDS AND WILL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST, unless exempt from disclosure under the Public Records Act or other applicable law. Please do not include confidential information or information that may violate the privacy or intellectual property rights of a third party.
The City reserves the unilateral right to amend this NOFA in writing at any time by both (1) posting the amendment on the City of Fairfield website and (2) sending e-mail notification to any applicants who have already submitted an application. Applicants are responsible for monitoring the website and/or their e-mail periodically in order to make themselves aware of any amendments.
The City reserves the right to reject part or all of one or more Proposals based on failure to meet any requirements stated in this NOFA. If the City does not receive an adequate quantity and/or quality of Proposals by the deadline, then the City, at its sole discretion, may choose to extend the deadline and/or make part or all of the funding available to applicants through a second round of requests for proposals.
The applications will be received by City of Fairfield Homeless Services Division staff and shared with a Rank and Review Panel. The Review Panel may recommend one or multiple Proposers for funding based on the Scoring Criteria. The Review Panel recommendation will be presented to the City for final approval of award of funding. The decision of the City will be final.
Cost of Submitting Proposals The cost of preparing and submitting a proposal is the sole responsibility of the applicant and shall not be chargeable in any manner to the City. The City will not reimburse any applicant for any costs associated with the preparation and submission of a proposal, including but not limited to, expenses incurred in making an oral presentation, or participating in an interview.
Proposal Submittal Format and Requirements
A. Submittals are to be single-sided, standard sized (8.5” x 11”) pages. Submittals are not limited in length; however, brevity and conciseness are encouraged. Number each page. To facilitate review by the Selection Committee, please submit information in accordance with the following format, identifying each item, in order, by the appropriate number and letter.
B. The submittal must provide the following information:
1. Cover sheet to indicate the name of the project, contact informa�on for the people responsible for the applica�on, and the amount of funding requested for this project.
2. Include a signed and dated statement by the agency’s Execu�ve Director sta�ng, “I have reviewed this applica�on, and I hereby cer�fy that the informa�on contained herein is true, complete and accurate to the best of my knowledge.” In addi�on, please indicate that you reviewed and accept the City of Fairfield standard contract without qualifica�on or are reques�ng qualifica�ons and indicate the requested qualifica�ons. If the applicant is a non- profit organiza�on, proof of non-profit status is required and can be submited via a Packet Page 202 of 441Attachment 3 Page 21 of 39
7 determina�on leter from the State Franchise Tax Board or Federal Internal Revenue Service confirming non-profit status.
3. Complete an essay response answering items listed below. The essay response should be no more than 10 pages in length and address all essay topics described below with each sec�on labeled by heading (A-J) for this project. Indicate any similar projects your firm has completed recently.
A. Descrip�on of Program
Describe the proposed program, including where the program will be located, who the program is intended to serve, the ac�vi�es that are being proposed, how the program will meet the program guidelines described in this NOFA, and how the project will be sustained beyond the funding provided by the City of Fairfield funding, if applicable.
Describe how the program will maintain capacity for temporary emergency sheltering in Fairfield. Provide specific numbers intended to be served and the length of �me they will be served.
Provide the proposed program’s site management plan or opera�ons plan and program guidelines/par�cipant handbook.
B. Low-barrier, Housing First policies and prac�ces
Describe how the project will adopt a Housing First approach in accordance with Sec�on 8255(b) of the State of California Welfare and Ins�tu�ons Code, available at
htps://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCod e=WIC&division=8.&�tle=&part=&chapter=6.5.&ar�cle=
Describe your experience working with clients “where they are at,” including, cultural competency, diverse family units, mental health and substance use, religious beliefs, criminal histories, sexual orienta�on, and undocumented immigrants.
Describe how you will implement low-barrier, harm reduc�on, and trauma-informed care principles.
C. Program outcomes
Provide a minimum of two measurable outcomes of the proposed program for the last two years. Programs in opera�on less than two years, provide outcomes to date.
If requested funds are for a new program, describe the strategy for outcomes and success in previous programs.
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8 Provide success rates in permanent housing solu�ons for the past two years. Programs in opera�on for less than two years provide success rates to date.
Provide the rate of those returning to houselessness or nega�ve discharges from the program.
If requested funds are for a new program, describe strategies to minimize returning to houselessness and nega�ve discharges.
Describe organiza�ons’ plan to lower rates of exits back to houselessness or nega�ve discharges.
Provide an Annual Performance Report (APR) showing the program’s progress in achieving goals and objec�ves populated directly from HMIS.
D. Timeline Narrative
Please provide a timeline detailing how the project will be accomplished from start-up to completion of the contract term. The timeline should include/identify start and completion dates for activities, significant milestones and program phases including planning, implementation, completion, and evaluation.
Describe any difficul�es that you might encounter in implemen�ng your proposed �meline and how you will avoid or overcome these difficul�es.
E. Proven experience and capacity
Describe your organiza�on’s experience in reducing houselessness and connec�ng unhoused individuals to housing.
Describe your experience in opera�ng and managing temporary emergency shelter programs in California, including project name, dates/length of �me in opera�on, loca�on(s), capacity, services provided, annual opera�ng budget with funding sources and specific programma�c.
Include in your descrip�on your organiza�on’s experience related to:
• Policies and prac�ces that address and assess racial and ethnic equity, including equal access and non-discrimina�on, collec�on of racial, ethnic, and linguis�c data, language interpreta�on, partnerships, training, etc.
• Grievance and feedback policies.
• Assessment of safety for people fleeing domes�c violence.
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9 • Par�cipa�on in community-based ini�a�ves to reduce
houselessness.
• Working with HMIS and Coordinated Entry systems.
F. Demonstrated experience with diverse populations.
Describe your organiza�on’s experience in providing services to diverse popula�ons, including individuals and families experiencing chronic houselessness, mental health complica�ons, substance use, religious beliefs, criminal histories, sexual orienta�on, diverse family units, unaccompanied youth, transi�onal age youth, youth exi�ng the foster care system, seniors, and undocumented immigrants.
G. Fiscal management with diverse funding sources
Describe your organiza�on’s experience successfully administering a complex budget and u�lizing diverse private, local, state, and/or federal funding streams for opera�ons and services.
Submit a copy of their most recent financial audit if annual gross revenue exceeds $2 million as required by CA Gov. Code 12586(e), or IRS Form 990 if annual gross revenue is less than $2 million. The report should be dated no earlier than 1/1/2022.
Iden�fy if any organiza�on that is party to this applica�on received any problema�c audit or monitoring findings or concerns within the past 4 years. If so, please describe the findings/concerns and what has been done to address them.
Explain your organiza�on’s financial management policies and procedures and how they are demonstra�ve of sound financial management prac�ces, including management of program budgets and ability to provide �mely financial reports and corresponding program on a regular basis.
Provide the following for your organiza�on:
• Dates and circumstances related to any involuntary realloca�on of project funding.
• Dates and circumstances related to any open li�ga�on and/or disputes that could result in a financial setlement.
• Dates and circumstances related to any bankruptcy filing.
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10 H. Partnerships with community stakeholders
Describe your familiarity with the City of Fairfield, the Housing First Solano Con�nuum of Care and Coordinated Entry System, and other providers and resources within the City.
Describe your strategy for engaging par�cipants in Fairfield.
Iden�fy any addi�onal or unique resources, capabili�es, or services which your organiza�on would bring to this program .
I. Qualifications of Key Staff
Describe the role of top leadership in your organiza�on, Execu�ve Board, Board of Directors, and/or trustees and how they contribute to a sustainable and growing organiza�onal environment.
Describe the relevant residen�al, case management, and/or clinical experience for each staff member/posi�on and their experience with emergency housing services, harm reduc�on and trauma-informed care, as well as any lived experience of houselessness. If you have not yet hired any staff and/or you do not plan to re-assign exis�ng staff, then provide the job descrip�ons for those posi�ons.
Describe the qualifica�ons/experience of the staff members(s) responsible for financial report prepara�on, management, and submital.
J. Budget and Budget Narrative
Provide a budget narra�ve explaining the costs outlined in your budget and how the expenses requested are connected to your program.
Provide the proposed cost per night.
Describe other funding sources that will be used to support the program and the percentage of City of Fairfield funds used to cover opera�ons of program.
Describe how your proposed program is an appropriate use of the City of Fairfield’s one-�me funding, and how you will sustain your project a�er the end of the funding term by comple�ng the atach Budget Worksheet (Exhibit E).
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11 THRESHOLD
Project-Specific Threshold Factors Status
1. Housing First Emergency Shelter: The project will commit to running a low- barrier, Housing First, program. Does program meet temporary emergency shelter defini�on?
Pass/Fail
2. Coordinated Entry: The project will par�cipate in coordinated entry Pass/Fail
3. HMIS: The project will enter data for all City of Fairfield funded beds into HMIS (or comparable database for domes�c violence services) and grant City of Fairfield’s Homeless Services Division “viewer access” to the funded project within HMIS database.
Pass/Fail
4. Equal Access: The project will provide equal access and fair housing without regard to sexual orienta�on, gender iden�ty, or local residency status. Pass/Fail
5. Connec�on to Mainstream Benefits: Project has a specific plan to coordinate and integrate with other mainstream health, social services, and employment programs and ensure that program par�cipants are assisted to obtain benefits.
If the agency has any current clients, the plan must men�on the percentage of current clients who have obtained at least one mainstream benefit while enrolled in the agency’s program(s).
Pass/Fail
6. Policies: Projects will have policies regarding termina�on of assistance, client grievances, Equal Access/non-discrimina�on, ADA and fair housing requirements, VAWA protec�on, and confiden�ality that are compliant with Pass/Fail
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12 SCORING RUBIC
Program Description (30 Points) Scoring Guide Points
Award 2 points for each item Below.
• Loca�on of program
• Ac�vi�es of program.
• Provided how guidelines will be met.
• Project sustainability beyond NOFA
funding.
• Execu�ve Director signed statement.
Provided clear descrip�on of the
program, how the program meets
the scope of the NOFA and how the
project will maintain capacity in the
City of Fairfield.
10 Provided how capacity will be
maintained.
• Specific number served.
• Length of �me will be
served.
10 Provided:
• Site Management Plan or
Opera�ons Plan
• Program guidelines/par�cipant
handbook.
10 Housing First & Low Barrier (25 Points) Scoring Guide Points Clearly iden�fied understanding of and
experience with low-barrier approaches
including Housing First approach in mee�ng
clients “where they are at” harm reduc�on,
and trauma informed approaches.
Yes, the agency offers Housing First
Training to staff.
10 There are no program access
restrictions for clients based on
sobriety or mental health.
5 No, clients are not required to
participate in mandatory classes,
therapy, job training, or interventions.
5 The program provided rare or unique
options, e.g., allowed partners, pets,
and property.
5 Packet Page 208 of 441Attachment 3 Page 27 of 39
13 Program Outcomes (50 Points)
Scoring Guide Points
Provided experience reducing houselessness,
connec�ng unhoused individuals to housing
and has data to support meeting or exceeding
the 30% federal standard for occupancy and
provide Annual Performance Report for last
two years.
HMIS DATA
<5% error award 3 points
5-9.9% award 1.5 points
10-14.9% .5 point
Greater than or equal to 15% error 0 points
Provided a minimum of two
measurable outcomes of the
proposed program for the last two
years. If less than two years, provided
outcomes to date.
New programs: Provided a narrative
proposal of realistic strategy for
outcomes or provided realistic
strategy for outcomes for two years
from a similar program.
20 Provided Annual Performance Report
for the last two years.
5 The percentage of participants that
obtained or maintained permanent
supportive housing is at least 30%.
5 The percentage of participants that
returned to houselessness and
percentage of outcomes list as
“Unknown”.
10 Provided a clear plan to lower rates of
exits back to houselessness or negative
discharges.
5 The percentage of data points that are
recorded as missing, don’t know, client
refused to answer, and/or unable to
calculate. Lower percentages are
better. (See scoring chart to the left)
5 Timeline Narrative (10 points) Scoring Guide Points
The timeline identified and described the
significant phases and activities of the project.
Included timeline detailing how the
project will be accomplished from
start-up to completion of the contract
term.
5 Included difficulties that might occur in
implementing timeline and a plan to
overcome difficulties.
5 Packet Page 209 of 441Attachment 3 Page 28 of 39
14 Qualifications and Experience (25 points) Scoring Guide Points Provided Experience and Capacity
Provided experience with Diverse Populations
Provided:
• Descrip�on of program.
• Policies and Prac�ce for equal
access.
• Grievance and feedback policy.
• Safety Assessment for people
fleeing DV.
• Par�cipa�on in community-
based ini�a�ves.
• Provided clear examples of how
program reduced
houselessness and connected
unhoused individuals to
housing.
20 • Individuals and families
experiencing chronic
houselessness.
• Mental Health Complica�ons.
• Substance Use.
• Religious Beliefs.
• Criminal histories.
• Sexual Orienta�on.
• Seniors.
• Undocumented.
5 Packet Page 210 of 441Attachment 3 Page 29 of 39
15 Fiscal Management with Diverse Funding Sources
(25 points)
Scoring Guide Points
Award 1 point for each category addressed below:
• Private funding.
• Local funding.
• State funding.
• Federal funding.
• Other.
Provided organization’s financial management
policies and procedures.
City of Fairfield funding is a one-time funding
source.
Provided detailed experience
administering a complex budget and
utilizing different funding streams.
5 Submitted a copy of their most
recent financial audit report dated
earlier than 1/1/2022 based on
guidelines in the NOFA
5 Provided problematic audit or
monitoring findings for the past 4 years
and how findings were
addressed/resolved.
5 • Management of program
budget.
• Management of �mely financial
Reports.
• Involuntary realloca�on of
program funds.
• Any open li�ga�on and/or
disputes because of financial
setlement.
5 Provided method or other funding
sources for sustainability beyond the
funding provided by the City of Fairfield
funding and provide
5 Budget and Budget Narrative (20 points) Scoring Guide Points Award 5 points for each item addressed below:
• Cost and expenses clearly outlined.
• Cost per night.
• Other funding sources and percentage of
City of Fairfield funds being used to fund
program.
• Clear plan to sustain program a�er one-
�me funding term ends.
Provided budget narrative. 20
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16 Partnerships with Community Stakeholders
Staffing (15 points)
Scoring Guide Points
Award 1.6 points for connection to each agency.
• Housing First Solano Con�nuum of Care
• Solano County Coordinated Entry System
• Other providers or resources within the
City of Fairfield.
Provided detailed description of
community partners and stakeholders
and if/how they connect with these
entities.
5 Provided list of top leadership and how
they contribute to a sustaining and
growing organization.
5 Provided qualifications/experience
of the staff member responsible for
financial report preparation,
management, and submittals.
5 Total 200
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17 EXHIBIT “A”
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and _______________________ ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz .
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through _____________; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets Packet Page 213 of 441Attachment 3 Page 32 of 39
18 regula�ons. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more informa�on, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our- work/programs/advanced-clean-fleets
11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: ________________
E-mail: ________________
Address: ________________
Telephone: ________________
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: ________________
E-mail: ________________
Address: ________________
Telephone: ________________
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:__________________________________
CONSULTANT
By:___________________________________
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19 EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:
Personnel Hourly Rate
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the __________________ for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the _____________________________.
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20 EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
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21 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permited by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collec�vely “CITY Indemnitees”) from and against any and all claims, losses, liabili�es, damages, costs and expenses, including atorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct propor�on to the CONSULTANT’s propor�onate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of setlement or resolu�on without a court, jury or arbitrator having made a determina�on of the CONSULTANT’s percentage of fault, the par�es agree to media�on with a third party neutral to determine the CONSULTANT’s propor�onate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or ac�ons of every name, kind and descrip�on, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous ac�vi�es, ac�vi�es giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or ac�ng as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Sec�on 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers.
When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
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22 As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corpora�on, limited liability corpora�on, non-profit corpora�on or other form of organiza�on. b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax iden�fica�on number.
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23 EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed opera�ons, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/loca�on or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensa�on insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deduc�bles or self-insured reten�ons must be declared to and approved by the CITY. At the op�on of the CITY, either the insurer shall reduce or eliminate such deduc�bles or self-insured reten�ons as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related inves�ga�ons, claim administra�on and defense expenses.
b) The general and automobile liability policies (and if applicable, pollu�on liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
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24 i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. iv) The CONSULTANT’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. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY. vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
Packet Page 220 of 441Attachment 3 Page 39 of 39
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into as of this ____ day of ___________ 2024, ("Effective Date") between Mission Samoa, a California nonprofit public business corporation (“PROVIDER”), and the CITY OF FAIRFIELD, a California municipality (“CITY”). Unless specifically identified, each may be referred to individually as "Party" or collectively as "Parties", as the context may require.
NOW, THEREFORE, the Parties agree as follows:
Part I
Roles and Responsibilities
A.CITY’s Role and Responsibilities.
1.CITY, through the City Manager or Designee, shall designate a primary point of contact for all matters related to the performance of this Agreement (“City Liaison”).
2.CITY’S role is to provide administrative oversight and monitoring of Emergency Shelter Operations Funding (“Program”).
3.CITY shall approve operational procedures, eligibility screening requirements, and enrollment guidelines. Future changes require the same approval.
4. CITY (Homeless Services Division, Fairfield Police Department), in conjunction with the contracted Street Outreach Team and contracted Coordinated Entry System Provider shall be solely responsible for referring all homeless individuals (“Participants”) to the PROVIDER. Any outside non-City and non-contracted agency referrals will not be considered as a part of this Agreement and shall be considered ineligible for the CITY reimbursement.
5.CITY shall ensure that referrals made pursuant to this MOU shall require a Mission Samoa Referral Form be provided to PROVIDER staff upon referral of persons to the program, as attached in Exhibit “D”.
6.City and PROVIDER shall make best efforts to ensure that potential Participants are Fairfield residents.
B.PROVIDER’S Role and Responsibilities.
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1. PROVIDER shall designate a primary point of contact for all matters related to the performance of this Agreement (“Provider Liaison”).
2. PROVIDER will provide the non-exclusive use of the Property for the Program at no cost so long as the Program is operating; and provide access to tap water and a reasonable supply of electricity for the Program, with the cost of electricity utilities to be paid by the PROVIDER.
3. PROVIDER hereby agrees to use the funds for eligible activities as approved by the CITY and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Emergency Shelter Operations Notice of Funding Availability (NOFA).
4. PROVIDER will strictly comply with the terms, conditions, and requirements of the Statutes, Guidelines, the Notice of Funding Availability (NOFA), the "Standard Agreement" entered into by the CITY and the Department attached as Exhibit "E", and this Agreement.
5. PROVIDER must provide emergency shelter activities in a manner consistent with the Housing First Practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC section 8255(b)(8).
6. PROVIDER shall provide a minimum of 5 emergency shelter beds with “wrap around” services at Mission Samoa (located at 1200-B Western Street, Fairfield, CA 94533) for people experiencing homelessness. PROVIDER’S “wrap around" services for each referred homeless individuals shall include, but not be limited to, providing food (three meals per day plus snacks), case management, employment services, housing navigation, access to legal services, and other related services, subject to the requirements of the Mission Samoa Management Plan attached as Exhibit “A”. Program Budget as attached in Exhibit “B”, Insurance Requirements as attached in Exhibit "C”, and Mission Samoa Fairfield Referral Form as attached in Exhibit “D”.
7. In order to limit impact on surrounding properties, hours of operation for intake of guests and provision of services shall be limited from 8:30 AM to 3:30 PM Monday - Friday.
8. PROVIDER will ensure that the Property will meet Health and Safety Requirements and comply with local codes, as appropriate, have appropriate security personnel, be accessible to participants, and have sufficient staff and funds to operate the Program.
9. PROVIDER shall immediately notify City of any bed bug/pest infestation.
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10. PROVIDER shall, at its sole cost and expense, implement bed bug/pest prevention protocols including, but not limited to:
a. Prevention and sequestration protocols for Participants who show signs of infestation upon intake in the program.
b. Regular (at least monthly) inspections of each Participant’s sleeping, community, and storage areas.
c. Ad hoc treatment, as needed, to eliminate any pest infestations.
11. PROVIDER agrees to immediately notify CITY should any of the following occur:
• Violence or credible threats against staff, Participants or any of PROVIDER’S contractors, licensees, invitees, guests or approved visitors on the Property.
• Overdoses or major substance abuse complications.
• Death or serious injury of any Participants while in Program. • Complaints or grievances, including without limitation any legal actions, filed by Participants again PROVIDER.
12. PROVIDER shall prepare and enforce all rules as outlined in the Management Plan, to be approved by CITY, and included in PROVIDER's shelter policies for conduct and safety.
13. PROVIDER shall utilize the Homeless Management Information System (HMIS) (or alternative case management system as approved by the CITY) to ensure accurate data is collected for reporting and referrals. Provider shall give City of Fairfield consent to access and view HMIS data. Copies of all referral forms shall be provided in a location accessible to the CITY and shall be kept current.
14. PROVIDER shall integrate and coordinate with existing Solano County Housing First homeless initiatives so long as there is no threat to the safety of PROVIDER staff or Participants.
15. PROVIDER shall make available as requested by CITY, Participant and Program data for those served under this Agreement, including but not limited to data on Participant intake and exit, when and where participants have exited, and Program successes and challenges. PROVIDER shall submit monthly reports no later than 15 days after the end of each month during the contract period and a final narrative report within thirty {30} days after the end of the contract period, in a format approved by CITY, and other reports as may be required by CITY. The report will include a narrative accounting of the progress achieved toward the Scope of Work objectives, and the following client information:
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i. Types of services rendered to clients
ii. Client Characteristics
1. Client intake/exits
2. Date of admittance, length of stay
3. Client HMIS number (unduplicated)
4. City of residency (or location of last place stayed prior to coming to Shelter)
5. Race/ethnicity
6. Gender
7. Age
8. Number of clients with disabilities (specific type of disability)
9. Number of clients who are veterans of the U.S. Armed Forces
16. PROVIDER shall make available reporting data for the length of this Agreement, including all program related expenses set forth in Exhibit "B" for the prior month with the proper back-up documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or payroll stubs, occupancy data etc.). Any expense not authorized by this Agreement as set forth in Exhibit "B" and/or submitted without proper back-up documentation will be disallowed and must be reimbursed to the CITY.
17. PROVIDER shall immediately exit any Participant remaining after the term of this Agreement expires unless transferred to another funded program.
18. PROVIDER shall provide the CITY within five (5) business days with such reports and information as the CITY may reasonably request.
19. PROVIDER, at its own expense, shall procure and maintain for the duration of this Agreement policies of insurance, the requirements for which are set forth in Exhibit "C".
20. PROVIDER will virtually case conference with CITY on a monthly basis to provide a status update on each City-referred Participant and the progress that has been made in securing permanent housing for each City-referred Participant during the course of the previous month.
C. Mutual Roles and Responsibilities
1. It is the intent of the Parties to be collaborative in all matters to ensure the health and safety of the residents of the City of Fairfield.
2. Parties agree that the services provided under this Agreement will be made available at the following address (Property):
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Mission Samoa
1200-B Western Street
Fairfield, CA 94533
3. Prior to placement of any individuals at the Property, the Parties shall establish a mutually agreed upon written policy and process for intervening in escalating problems that could lead to eviction of any resident while the declaration of the State of Emergency remains in effect. Both Parties agree to work together to find resolutions that avoid eviction whenever possible. The written policy shall clearly define the type(s) of behavior that could lead to eviction, set concrete notice requirements for residents at-risk of eviction, and set forth the specific roles of the CITY and PROVIDER. It shall also establish a process for managing the repercussions of any eviction.
4. The Parties shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and all applicable state laws, regulations, and policies relating to client rights and confidentiality.
5. The PROVIDER agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the PROVIDER, its Subrecipients, and any other grant activity.
Part II
General Terms. and Conditions
A. Term of Agreement.
The term of this Agreement shall begin on July 1, 2024, and shall remain in effect until June 30, 2025, and may be ren ewed in writing at the discretion of the City for a second year (July 1, 2025, to June 30, 2026, unless earlier terminated in writing by the Parties.
B. Payment.
In consideration for the costs incurred for the services to be provided under this Agreement, CITY shall pay to PROVIDER $8333.33 based on a reimbursement basis every thirty (30) days thereafter until the expiration or termination of this Agreement. The payments made by CITY to PROVIDER under this Agreement shall collectively be referred to as the "City Funds." The total amount of the City Funds shall not exceed $100,000.00 in performance year one (2024-2025) and $100,000.00 in performance year two (2025- 2026). This equates to approximately $55.55 per night, per bed for the 12-month period.
The monthly allowable line-item cost for "Operating Costs" as referred to in Program Budget as attached in Exhibit "B", for the five (5) beds shall be $8333.33, whether the beds Packet Page 225 of 441Attachment 4 Page 5 of 56
are filled or not. City Funds must be spent in accordance with this Agreement. Any City Funds remaining that are not expended or legally obligated for the services required to be provided by PROVIDER upon expiration or termination of this Agreement shall be returned to CITY within thirty (30) days. PROVIDER shall maintain invoices with receipts, or other documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or pay stubs, occupancy data etc.) supporting expenditures made pursuant to this Agreement and shall submit such documentation to CITY within thirty (30) days following receipt of initial payment of City Funds and by the 15th of every month thereafter. Any tangible property purchased with City Funds during the duration of this Agreement is considered the property of the CITY.
C. Indemnification.
Each Party shall indemnify, defend, protect, hold harmless, and release the other Party and its elected bodies, officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying Party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee benefit acts.
D. No Waiver.
The waiver by any Party of any breach or violation of any requirement of this Agreement shall not be deemed to be a waiver of any such breach in the future, or of the breach of any other requirement of this Agreement.
E. Notices.
All notices required or authorized by this Agreement shall be in writing and shall be delivered in person or by deposit in the United States mail, by certified mail, postage prepaid, return receipt requested. Any mailed notice, demand, request, consent, approval, or communication that a Party desires to give to the other Parties shall be addressed to the other Parties at the addresses set forth below. A Party may change its address by notifying the other Parties of the change of address. Any notice sent by mail in the manner prescribed by this paragraph shall be deemed to have been received on the date noted on the return receipt or five days following the date of deposit, whichever is earlier.
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PROVIDER
Eugene Ahu, Program Director
Mission Samoa
1200-B Western Street
Fairfield, CA 94533
CITY OF FAIRFIELD
David Gassaway, City Manager City of
Fairfield
1000 Webster Street
Fairfield, CA 94533-4836
F. Amendment/Modification.
This Agreement may be modified or amended only in writing and with the prior written consent of the Parties.
G. Termination.
1. Termination for Convenience: Either Party may terminate this Agreement for any reason by notifying the other party in writing thirty (30} days prior to the effective date of termination.
2. Termination for Cause: If PROVIDER fails to perform any of the responsibilities under this Agreement or if PROVIDER fails to comply with any other provisions of this Agreement, the CITY may terminate this Agreement for cause. Termination shall be effected by serving written notice of termination on the PROVIDER setting forth the manner by which PROVIDER is in default.
If it is later determined by the CITY that the PROVIDER had an excusable reason for not performing, such as an epidemic, fire, or other events which are not the fault of or are beyond the control of the PROVIDER, the CITY, after setting up a new delivery of performance schedule, may allow the PROVIDER to continue work, or treat the termination as a termination for convenience.
3. Opportunity to Cure: The CITY in its sole discretion may, in the case of a termination for breach or default, allow the PROVIDER five (5} days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.
If PROVIDER fails to remedy to CITY's satisfaction and within five (5) days of receipt of the written notice of termination, CITY shall have the right to terminate the Agreement without any further obligation to PROVIDER.
4. Waiver of Remedies: In the event that CITY elects to waive its remedies for any breach by PROVIDER of any covenant, term or condition of this Agreement, such waiver by CITY shall not limit CITY's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement.
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H. Severability.
If any provision or portion of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.
I. Compliance with all Laws. Venue.
The Parties shall observe and comply with all applicable federal, state, and local laws, ordinances, and codes. Venue for any legal dispute shall be the Solano County Superior Court or the United States Eastern District of California.
J. Non-Discrimination Clause.
1. During the performance of this Agreement, the Parties and their subcontractors shall not deny any benefits or privileges to any person on the basis of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, ethnic group identification, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, sex or sexual orientation. Each Party shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
2. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), regulations promulgated pursuant to it (Title 2, California Code of Regulations, section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (sections 11135-11139.5) and any state or local regulations adopted to implement any of the foregoing, as such statutes and regulations may be amended from time to time.
K. Access to Records and Retention.
All Parties, acting through their duly authorized representative, as well as any federal or state granter agency providing all or part of the funding associated with this Agreement, the papers, Controller, the Comptroller General of the United States, and the duly authorized representatives of any of Parties, shall have access to any books, documents, papers and records of any Party which are directly pertinent to the subject matter of this Agreement for the purpose of making audit, examination, excerpts and transcriptions.
Except where longer retention is required by any federal or state law, the Parties shall maintain all required records for three years after final payment for any work associated with this Agreement, or after all pending matters are closed, whichever is later.
L. Assignment.
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Except as otherwise permitted by this Agreement, no assignment of rights and obligations hereunder shall be valid without prior written consent of the non-assigning Party.
M. Entirety of Agreement.
This Agreement constitutes the entire Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements, promises, representations, understandings, and negotiations, whether written or oral, among the Parties with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, this Agreement was executed by the Parties as of the date first above written.
PROVIDER CITY OF FAIRFIELD, a municipal corporation
By: ___________________ By: _________________________ Eugene Ahu, Program Director David Gassaway, City Manager
APPROVED AS TO FORM
By: __________________________
City Attorney
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EXHIBIT A
MISSION SAMOA MANAGEMENT PLAN 2024
[attached]
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EXHIBIT B
MISSION SAMOA PROGRAM BUDGET
[attached]
BUDGET FOR MISSION SAMOA
5 BED EMERGENCY SHELTER MOU
Budget Item Monthly Rate Total Months Total Contract Operating Cost $8333.33 12 $100,000.00
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EXHIBIT “C”
INSURANCE REQUIREMENTS
AGENCY shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the AGENCY, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
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a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the AGENCY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the AGENCY; products and completed operations of the AGENCY; premises owned, occupied or used by the AGENCY; and automobiles owned, leased, hired or borrowed by the AGENCY. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the AGENCY’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the AGENCY’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The AGENCY’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. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the AGENCY’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
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VERIFICATION OF COVERAGE. AGENCY shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, AGENCY shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. d) SUB-CONTRACTORS. AGENCY shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of AGENCY to verify existence of sub-contractor’s insurance shall not relieve AGENCY from any claim arising from sub-contractors work on behalf of AGENCY.
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ADMISSION CRITERIA-CHECK BOXES BELOW (must meet ALL criteria to confirm placement) Excluded: PC 290 registered sex offenders & individuals with repetitive incidents of violence in the shelter Homeless
The individual reports they can independently
care and manage their activities of daily living
The individual reports they are willing to comply
with program guidelines including discharge
requirements
18 Years old or older
The individual reports they understand this placement is a communal living environment and will be sharing space with others.
The individual reports they understand that behaviors
that jeopardize the health and safety of other program
participants and staff may result in their removal from the emergency shelter
Name: Referral Date:
Date of Birth: Referring Department:
Gender: Referral Contact Person:
HMIS #: Referral Contact Phone#:
Assigned Case Manager: Case Manager Phone#:
Mission Samoa 1200
Western Street
Fairfield, CA 94533
707-399-9209
Intake Date: _________
Office Use Only
Scan and Email Referral to: [email protected]
Scan and Email Referral to:
[email protected]
Mission Samoa reserves the right to accept or deny any referral, based upon the availability of open beds at the time the referral is made. All referred must be willing to COVID test when asked or prompted.
Mission Samoa
Referral Form
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City of Fairfield
Notice of Funding Availability (NOFA)
for
Temporary Emergency Shelter Operations
Proposal Due:
5/24/2024
All inquiries and/or questions shall be submitted in writing to
[email protected]
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1 Introduction
According to the Solano County 2022 Point in Time count, there are 1,179 unhoused individuals in Solano County. Approximately, three hundred (300) of those individuals are in the City of Fairfield.
This Notice of Funding Availability (NOFA) is part of the City of Fairfield’s commitment to reduce houselessness, the impacts of houselessness in our community and increase bed/interim housing capacity for those who are unhoused.
With this solicitation, The City of Fairfield seeks to provide funding to support one or multiple temporary emergency shelter operations. An emergency shelter is defined as “housing with minimal supportive services for unhoused persons that is limited to occupancy of six months or less by an unhoused person.” Emergency shelters provide services coordinated to meet the immediate safety and survival needs of the individual or family served, including shelter, food, clothing, and other support services. These services are provided in a minimally intrusive environment. At a minimum, emergency shelters provide the following services directly on-site:
• Sleeping accommodations.
• Personal hygiene supplies and facilities, including toilets and wash basins; and • Showers and/ or bathtubs (temporary shelters may provide referrals to other facilities for these services).
Funding
The City of Fairfield (City) will use funds from the Homeless Services Division general and quality of life funds to support this project. Funding is available through this NOFA in the amount of $1.1 million with $550,000 available for the first year and remaining funds available in performance period year two. This is a one-time funding source with total funds expended by June 30, 2026.
This funding is intended to address and support the operational needs of organizations who are providing temporary emergency shelter and services to those who are unhoused in the City of Fairfield. Successful applicants will provide documentation for continued funding beyond the term of this funding. These funds shall not be used to supplant existing funds.
As a requirement to receive funding, the Executive Director of the organization must sign and agree to implement housing first and low barrier guidelines and agree to case conferencing with the Homeless Services Division to ensure these guidelines are being met.
Appropriate Use of Funds
Operational costs and essential services are those necessary to provide safe and healthy residential services and to connect people experiencing houselessness to permanent housing, income, public benefits, health and mental health services, and other support services to end houselessness.
Operational costs and essential services that may be covered by this NOFA.
• Personnel
• Benefits
• Administra�ve Services
• Client Support supplies/flex
funds
• Transporta�on Assistance for
clients
• Land/Building Rent
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2 • Program Supplies (Bedding,
Defoliators, emergency supplies,
etc.)
• U�li�es-Telephone/Cellular
Phone
• Maintenance & Repairs
• Minor Equipment/Furniture
• Copier Lease
• Office Supplies
• Vehicle
• Food Service Expense
Eligibility
Non-profit organizations are eligible to apply for funding. Projects must be within the City of Fairfield. The City strongly prefers organizations applying for funding to have experience with assisting unhoused households and aligns program with Housing First Solano Continuum of Care Written Standards for Service. The City may consider organizations without prior experience in the provision of services to the unhoused population provided the organization demonstrates they have project leadership and staff with the expertise and capacity in serving households coming out of houselessness.
Application Timeline:
Release of Request for Proposals: 5/1/2024
Deadline to Submit Questions Regarding this NOFA to:
April Cobb, Management Analyst at [email protected] Subject Line: NOFA-Temporary Emergency Shelter Operations
Question and Answer Meeting (non-mandatory)
Join Zoom Meeting
https://us06web.zoom.us/j/86015744880?pwd=aB29ybytCa5VjJlSjHhI2Ve 1fJQNca.1
Meeting ID: 860 1574 4880
Passcode: 117065
Meeting will be recorded and posted to City of Fairfield Website
5/8/2024 by
2 PM PST
5/9/2024 at
10 AM PST
5/10/2024 by
5 PM PST
Deadlines for Submission of Proposals to:
April Cobb, Management Analyst at [email protected] Subject Line: NOFA
5/24/2024 at
5 PM PST
Announcement of Recommended Awards of Funding 6/5/2024
Funding Recommendation to City Council for Final Approval 6/18/2024
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3 Program Description and Guidelines
Successful applicants or service providers will serve City of Fairfield residents who are literally unhoused using housing first and low barrier guidelines, as defined below.
The Department of Housing and Urban Development defines literally unhoused as an individual or family who lacks a fixed, regular, or adequate nighttime residence, meaning:
1. Has a primary nigh�me residence that is a public or private place not meant for human habita�on; or
2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transi�onal housing, and hotels and motels paid for by charitable organiza�ons or by federal, state, or local government programs); or
3. Is exi�ng an ins�tu�on where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habita�on immediately before entering that ins�tu�on.
Housing First is an unhoused assistance approach that prioritizes providing permanent housing to people experiencing houselessness, thus ending their houselessness and serving as a platform from which they can pursue personal goals and improve their quality of life. This approach is guided by the belief that people need basic necessities like food and a place to live before attending to anything less critical, such as getting a job, budgeting properly, or attending to substance use issues.
Additionally, Housing First is based on the understanding that a person’s choice is valuable in housing selection and supportive service participation, and exercising that choice is likely to make a person more successful in remaining housed and improving their life.
All successful applicants must incorporate the core components of Housing First into their program(s) that are receiving these funds. Housing First is an evidence-based model that uses housing as a tool, rather than a reward, and that centers on providing or connecting those experiencing houselessness to permanent housing as quickly as possible. Under the Housing First model, services offered are delivered in a low barrier, trauma informed, and culturally responsive manner and available on a voluntary basis, without preconditions that make housing contingent on participation in services. Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used.
Low barrier means the requirements for entry and stay are limited or minimal. Low barrier programs and shelters encourage unhoused individuals to seek resources by eliminating obstacles such as sobriety as a requirement for admission. Organizations should have onsite regulations for substance use with an alternative approach to problem solving to keep individuals sheltered.
Harm Reduction and Trauma-Informed Care are evidence based alternative approaches for the unhoused. Harm reduction is an approach or strategy aimed at reducing the risks and harmful effects associated with substance use and addictive behaviors for the individual, the community and society as a whole. The trauma-Informed care approach recognizes the presence of trauma symptoms and acknowledges the role trauma may play in an individual’s life.
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4 solutions, will work with a person where they are and give them choices and options. Successful programs will provide wrap around or linkages to wrap around services and make all services voluntary. Using the low barrier approach, participants cannot be forced to participate in activities such as groups, taking medication or maintaining sobriety in order to remain housed. Programs can and are encouraged by the City to require participants to actively work towards housing solutions by offering safety, choice, collaboration, trustworthiness and empowerment.
Allowing partners, pets and property is another low barrier approach. There are many unhoused individuals who have partners, pets and property that are very important to them. The City is seeking a provider who recognizes partners, pets, and property as important and has an adequate plan and space for all.
Reporting
The Homeless Management Information System (HMIS) is an electronic database that tracks demographic information and performance outcomes at the client level, using standardized fields that allow for automatic system-wide reporting. All participants in successfully funded City project(s) must be entered in the Homeless Management Information System (HMIS) operated by the Continuum of Care in accordance with established policies and procedures. These procedures require providers to ask clients for signed consent to enter their information into the database and to conduct structured interviews at program entry, at program exit, and on the anniversary of each client’s entry into the program (if any clients remain in the program for at least 12 months). Funded agencies must sign a HMIS agency participation agreement and at least one staff person at each successfully funded agency will need to complete a free HMIS user training in order to become certified in HMIS privacy and data security techniques and will need to learn how to enter data correctly into the HMIS software.
Provider must grant City of Fairfield’s Homeless Services Division “viewer access” to the funded project within HMIS database.
Each user who enters data into HMIS will need to pay an annual license fee for new licenses. This is an eligible expense that may be included (if you wish) in the administrative portion of your application budget.
Items that must be tracked in HMIS include:
• The number of houseless persons served.
• The number of unsheltered houseless persons served.
• The average length of �me spent houseless before entry into the program or project. • The number of houseless persons exi�ng the program or project to permanent housing.
• The number of people that return to houselessness a�er exi�ng the program or project.
• The number of people that increased income while in the program. • Progress notes that are essen�al for coordina�on across the homeless response system including document readiness, housing op�ons offered and/or declined, and engagement efforts in ending houselessness.
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5 • Readmission status upon exit from the program must be documented in the notes in HMIS. Including �meline for eligibility for reentry.
Additional reporting requirements:
• YTD Served (All)
• YTD Served from City of
Fairfield
• Average length of Stay
(Overall)/Days
• Average length of Stay
(Successful Exit)/Days
• Occupancy Rate
• Average number of people per
day
• % from Fairfield served per day
• Increased income (all exits)
• Increased income (permanent
housing exit)
• Increased income from Fairfield
(at exit)
• Increased income (enrolled in
site-based employment
services)
Exit Destinations (All) and City of Fairfield Exit Destinations:
• Permanent Housing
• Temporary Housing
• Ins�tu�on Se�ng
• Homeless Situa�on
• Unknown
• Posi�ve Housing Outcome
• Other Outcome
Organizations must agree to exclusive referral ability for City of Fairfield supported beds from the City’s Homeless Services Division, County Coordinated Entry Provider and Outreach Provider contracted by the City of Fairfield and agree to bi-monthly case conferencing with the Homeless Services Division Staff.
Monthly reports of program outcomes will be due to the Homeless Services Division by the 10th of each month. Reporting outcomes documentation will be provided upon secured service contract.
Contracting
The contracting process will follow selection of awarded organization(s). Funding recipients must certify their acceptance of standard City of Fairfield contract terms and conditions (Exhibit A) and insurance requirements (Exhibit D). This will include reporting, reimbursement (Exhibit C), and monitoring requirements. Organization must be prepared to enter into contract with the City of Fairfield by June 4, 2024.
Submission of Proposal
The submission of a proposal shall not be deemed an agreement between the applicant and the City. The proposal is an offer by the applicant to perform services in accordance with the NOFA.
Specifically, the following provisions apply:
1. The City shall not be obligated to respond to any proposal submited nor be bound in any manner by the submission of a proposal.
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6 guarantee have been accepted by the City.
The proposals received shall become the exclusive property of the City. ALL DOCUMENTS SUBMITTED
IN RESPONSE TO THE NOFA ARE CONSIDERED PUBLIC RECORDS AND WILL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST, unless exempt from disclosure under the Public Records Act or other applicable law. Please do not include confidential information or information that may violate the privacy or intellectual property rights of a third party.
The City reserves the unilateral right to amend this NOFA in writing at any time by both (1) posting the amendment on the City of Fairfield website and (2) sending e-mail notification to any applicants who have already submitted an application. Applicants are responsible for monitoring the website and/or their e-mail periodically in order to make themselves aware of any amendments.
The City reserves the right to reject part or all of one or more Proposals based on failure to meet any requirements stated in this NOFA. If the City does not receive an adequate quantity and/or quality of Proposals by the deadline, then the City, at its sole discretion, may choose to extend the deadline and/or make part or all of the funding available to applicants through a second round of requests for proposals.
The applications will be received by City of Fairfield Homeless Services Division staff and shared with a Rank and Review Panel. The Review Panel may recommend one or multiple Proposers for funding based on the Scoring Criteria. The Review Panel recommendation will be presented to the City for final approval of award of funding. The decision of the City will be final.
Cost of Submitting Proposals The cost of preparing and submitting a proposal is the sole responsibility of the applicant and shall not be chargeable in any manner to the City. The City will not reimburse any applicant for any costs associated with the preparation and submission of a proposal, including but not limited to, expenses incurred in making an oral presentation, or participating in an interview.
Proposal Submittal Format and Requirements
A. Submittals are to be single-sided, standard sized (8.5” x 11”) pages. Submittals are not limited in length; however, brevity and conciseness are encouraged. Number each page. To facilitate review by the Selection Committee, please submit information in accordance with the following format, identifying each item, in order, by the appropriate number and letter.
B. The submittal must provide the following information:
1. Cover sheet to indicate the name of the project, contact informa�on for the people responsible for the applica�on, and the amount of funding requested for this project.
2. Include a signed and dated statement by the agency’s Execu�ve Director sta�ng, “I have reviewed this applica�on, and I hereby cer�fy that the informa�on contained herein is true, complete and accurate to the best of my knowledge.” In addi�on, please indicate that you reviewed and accept the City of Fairfield standard contract without qualifica�on or are reques�ng qualifica�ons and indicate the requested qualifica�ons. If the applicant is a non- profit organiza�on, proof of non-profit status is required and can be submited via a Packet Page 258 of 441Attachment 4 Page 38 of 56
7 determina�on leter from the State Franchise Tax Board or Federal Internal Revenue Service confirming non-profit status.
3. Complete an essay response answering items listed below. The essay response should be no more than 10 pages in length and address all essay topics described below with each sec�on labeled by heading (A-J) for this project. Indicate any similar projects your firm has completed recently.
A. Descrip�on of Program
Describe the proposed program, including where the program will be located, who the program is intended to serve, the ac�vi�es that are being proposed, how the program will meet the program guidelines described in this NOFA, and how the project will be sustained beyond the funding provided by the City of Fairfield funding, if applicable.
Describe how the program will maintain capacity for temporary emergency sheltering in Fairfield. Provide specific numbers intended to be served and the length of �me they will be served.
Provide the proposed program’s site management plan or opera�ons plan and program guidelines/par�cipant handbook.
B. Low-barrier, Housing First policies and prac�ces
Describe how the project will adopt a Housing First approach in accordance with Sec�on 8255(b) of the State of California Welfare and Ins�tu�ons Code, available at
htps://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCod e=WIC&division=8.&�tle=&part=&chapter=6.5.&ar�cle=
Describe your experience working with clients “where they are at,” including, cultural competency, diverse family units, mental health and substance use, religious beliefs, criminal histories, sexual orienta�on, and undocumented immigrants.
Describe how you will implement low-barrier, harm reduc�on, and trauma-informed care principles.
C. Program outcomes
Provide a minimum of two measurable outcomes of the proposed program for the last two years. Programs in opera�on less than two years, provide outcomes to date.
If requested funds are for a new program, describe the strategy for outcomes and success in previous programs.
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8 Provide success rates in permanent housing solu�ons for the past two years. Programs in opera�on for less than two years provide success rates to date.
Provide the rate of those returning to houselessness or nega�ve discharges from the program.
If requested funds are for a new program, describe strategies to minimize returning to houselessness and nega�ve discharges.
Describe organiza�ons’ plan to lower rates of exits back to houselessness or nega�ve discharges.
Provide an Annual Performance Report (APR) showing the program’s progress in achieving goals and objec�ves populated directly from HMIS.
D. Timeline Narrative
Please provide a timeline detailing how the project will be accomplished from start-up to completion of the contract term. The timeline should include/identify start and completion dates for activities, significant milestones and program phases including planning, implementation, completion, and evaluation.
Describe any difficul�es that you might encounter in implemen�ng your proposed �meline and how you will avoid or overcome these difficul�es.
E. Proven experience and capacity
Describe your organiza�on’s experience in reducing houselessness and connec�ng unhoused individuals to housing.
Describe your experience in opera�ng and managing temporary emergency shelter programs in California, including project name, dates/length of �me in opera�on, loca�on(s), capacity, services provided, annual opera�ng budget with funding sources and specific programma�c.
Include in your descrip�on your organiza�on’s experience related to:
• Policies and prac�ces that address and assess racial and ethnic equity, including equal access and non-discrimina�on, collec�on of racial, ethnic, and linguis�c data, language interpreta�on, partnerships, training, etc.
• Grievance and feedback policies.
• Assessment of safety for people fleeing domes�c violence.
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9 • Par�cipa�on in community-based ini�a�ves to reduce
houselessness.
• Working with HMIS and Coordinated Entry systems.
F. Demonstrated experience with diverse populations.
Describe your organiza�on’s experience in providing services to diverse popula�ons, including individuals and families experiencing chronic houselessness, mental health complica�ons, substance use, religious beliefs, criminal histories, sexual orienta�on, diverse family units, unaccompanied youth, transi�onal age youth, youth exi�ng the foster care system, seniors, and undocumented immigrants.
G. Fiscal management with diverse funding sources
Describe your organiza�on’s experience successfully administering a complex budget and u�lizing diverse private, local, state, and/or federal funding streams for opera�ons and services.
Submit a copy of their most recent financial audit if annual gross revenue exceeds $2 million as required by CA Gov. Code 12586(e), or IRS Form 990 if annual gross revenue is less than $2 million. The report should be dated no earlier than 1/1/2022.
Iden�fy if any organiza�on that is party to this applica�on received any problema�c audit or monitoring findings or concerns within the past 4 years. If so, please describe the findings/concerns and what has been done to address them.
Explain your organiza�on’s financial management policies and procedures and how they are demonstra�ve of sound financial management prac�ces, including management of program budgets and ability to provide �mely financial reports and corresponding program on a regular basis.
Provide the following for your organiza�on:
• Dates and circumstances related to any involuntary realloca�on of project funding.
• Dates and circumstances related to any open li�ga�on and/or disputes that could result in a financial setlement.
• Dates and circumstances related to any bankruptcy filing.
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10 H. Partnerships with community stakeholders
Describe your familiarity with the City of Fairfield, the Housing First Solano Con�nuum of Care and Coordinated Entry System, and other providers and resources within the City.
Describe your strategy for engaging par�cipants in Fairfield.
Iden�fy any addi�onal or unique resources, capabili�es, or services which your organiza�on would bring to this program .
I. Qualifications of Key Staff
Describe the role of top leadership in your organiza�on, Execu�ve Board, Board of Directors, and/or trustees and how they contribute to a sustainable and growing organiza�onal environment.
Describe the relevant residen�al, case management, and/or clinical experience for each staff member/posi�on and their experience with emergency housing services, harm reduc�on and trauma-informed care, as well as any lived experience of houselessness. If you have not yet hired any staff and/or you do not plan to re-assign exis�ng staff, then provide the job descrip�ons for those posi�ons.
Describe the qualifica�ons/experience of the staff members(s) responsible for financial report prepara�on, management, and submital.
J. Budget and Budget Narrative
Provide a budget narra�ve explaining the costs outlined in your budget and how the expenses requested are connected to your program.
Provide the proposed cost per night.
Describe other funding sources that will be used to support the program and the percentage of City of Fairfield funds used to cover opera�ons of program.
Describe how your proposed program is an appropriate use of the City of Fairfield’s one-�me funding, and how you will sustain your project a�er the end of the funding term by comple�ng the atach Budget Worksheet (Exhibit E).
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11 THRESHOLD
Project-Specific Threshold Factors Status
1. Housing First Emergency Shelter: The project will commit to running a low- barrier, Housing First, program. Does program meet temporary emergency shelter defini�on?
Pass/Fail
2. Coordinated Entry: The project will par�cipate in coordinated entry Pass/Fail
3. HMIS: The project will enter data for all City of Fairfield funded beds into HMIS (or comparable database for domes�c violence services) and grant City of Fairfield’s Homeless Services Division “viewer access” to the funded project within HMIS database.
Pass/Fail
4. Equal Access: The project will provide equal access and fair housing without regard to sexual orienta�on, gender iden�ty, or local residency status. Pass/Fail
5. Connec�on to Mainstream Benefits: Project has a specific plan to coordinate and integrate with other mainstream health, social services, and employment programs and ensure that program par�cipants are assisted to obtain benefits.
If the agency has any current clients, the plan must men�on the percentage of current clients who have obtained at least one mainstream benefit while enrolled in the agency’s program(s).
Pass/Fail
6. Policies: Projects will have policies regarding termina�on of assistance, client grievances, Equal Access/non-discrimina�on, ADA and fair housing requirements, VAWA protec�on, and confiden�ality that are compliant with Pass/Fail
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12 SCORING RUBIC
Program Description (30 Points) Scoring Guide Points
Award 2 points for each item Below.
• Loca�on of program
• Ac�vi�es of program.
• Provided how guidelines will be met.
• Project sustainability beyond NOFA
funding.
• Execu�ve Director signed statement.
Provided clear descrip�on of the
program, how the program meets
the scope of the NOFA and how the
project will maintain capacity in the
City of Fairfield.
10 Provided how capacity will be
maintained.
• Specific number served.
• Length of �me will be
served.
10 Provided:
• Site Management Plan or
Opera�ons Plan
• Program guidelines/par�cipant
handbook.
10 Housing First & Low Barrier (25 Points) Scoring Guide Points Clearly iden�fied understanding of and
experience with low-barrier approaches
including Housing First approach in mee�ng
clients “where they are at” harm reduc�on,
and trauma informed approaches.
Yes, the agency offers Housing First
Training to staff.
10 There are no program access
restrictions for clients based on
sobriety or mental health.
5 No, clients are not required to
participate in mandatory classes,
therapy, job training, or interventions.
5 The program provided rare or unique
options, e.g., allowed partners, pets,
and property.
5 Packet Page 264 of 441Attachment 4 Page 44 of 56
13 Program Outcomes (50 Points)
Scoring Guide Points
Provided experience reducing houselessness,
connec�ng unhoused individuals to housing
and has data to support meeting or exceeding
the 30% federal standard for occupancy and
provide Annual Performance Report for last
two years.
HMIS DATA
<5% error award 3 points
5-9.9% award 1.5 points
10-14.9% .5 point
Greater than or equal to 15% error 0 points
Provided a minimum of two
measurable outcomes of the
proposed program for the last two
years. If less than two years, provided
outcomes to date.
New programs: Provided a narrative
proposal of realistic strategy for
outcomes or provided realistic
strategy for outcomes for two years
from a similar program.
20 Provided Annual Performance Report
for the last two years.
5 The percentage of participants that
obtained or maintained permanent
supportive housing is at least 30%.
5 The percentage of participants that
returned to houselessness and
percentage of outcomes list as
“Unknown”.
10 Provided a clear plan to lower rates of
exits back to houselessness or negative
discharges.
5 The percentage of data points that are
recorded as missing, don’t know, client
refused to answer, and/or unable to
calculate. Lower percentages are
better. (See scoring chart to the left)
5 Timeline Narrative (10 points) Scoring Guide Points
The timeline identified and described the
significant phases and activities of the project.
Included timeline detailing how the
project will be accomplished from
start-up to completion of the contract
term.
5 Included difficulties that might occur in
implementing timeline and a plan to
overcome difficulties.
5 Packet Page 265 of 441Attachment 4 Page 45 of 56
14 Qualifications and Experience (25 points) Scoring Guide Points Provided Experience and Capacity
Provided experience with Diverse Populations
Provided:
• Descrip�on of program.
• Policies and Prac�ce for equal
access.
• Grievance and feedback policy.
• Safety Assessment for people
fleeing DV.
• Par�cipa�on in community-
based ini�a�ves.
• Provided clear examples of how
program reduced
houselessness and connected
unhoused individuals to
housing.
20 • Individuals and families
experiencing chronic
houselessness.
• Mental Health Complica�ons.
• Substance Use.
• Religious Beliefs.
• Criminal histories.
• Sexual Orienta�on.
• Seniors.
• Undocumented.
5 Packet Page 266 of 441Attachment 4 Page 46 of 56
15 Fiscal Management with Diverse Funding Sources
(25 points)
Scoring Guide Points
Award 1 point for each category addressed below:
• Private funding.
• Local funding.
• State funding.
• Federal funding.
• Other.
Provided organization’s financial management
policies and procedures.
City of Fairfield funding is a one-time funding
source.
Provided detailed experience
administering a complex budget and
utilizing different funding streams.
5 Submitted a copy of their most
recent financial audit report dated
earlier than 1/1/2022 based on
guidelines in the NOFA
5 Provided problematic audit or
monitoring findings for the past 4 years
and how findings were
addressed/resolved.
5 • Management of program
budget.
• Management of �mely financial
Reports.
• Involuntary realloca�on of
program funds.
• Any open li�ga�on and/or
disputes because of financial
setlement.
5 Provided method or other funding
sources for sustainability beyond the
funding provided by the City of Fairfield
funding and provide
5 Budget and Budget Narrative (20 points) Scoring Guide Points Award 5 points for each item addressed below:
• Cost and expenses clearly outlined.
• Cost per night.
• Other funding sources and percentage of
City of Fairfield funds being used to fund
program.
• Clear plan to sustain program a�er one-
�me funding term ends.
Provided budget narrative. 20
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16 Partnerships with Community Stakeholders
Staffing (15 points)
Scoring Guide Points
Award 1.6 points for connection to each agency.
• Housing First Solano Con�nuum of Care
• Solano County Coordinated Entry System
• Other providers or resources within the
City of Fairfield.
Provided detailed description of
community partners and stakeholders
and if/how they connect with these
entities.
5 Provided list of top leadership and how
they contribute to a sustaining and
growing organization.
5 Provided qualifications/experience
of the staff member responsible for
financial report preparation,
management, and submittals.
5 Total 200
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17 EXHIBIT “A”
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made at Fairfield, California, as of ________________, 20____, by and between the City of Fairfield, a municipal corporation (the “CITY") and _______________________ ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specified in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.” 3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control. 6) BUSINESS LICENSE. The CONSULTANT shall obtain and keep current a business license for work within the City of Fairfield pursuant to Chapter 10B of the Fairfield City Code, with respect to the gross receipts received pursuant to this Agreement. No payments shall be made to any SERVICE PROVIDER until such business license has been obtained, and all fees paid therefore, by the CONSULTANT. Business license applications and information may be obtained from the Community Development Department, Fairfield City Hall, 1000 Webster Street, Fairfield, CA 94533-4883, (707-428-7509) and online at www.fairfield.ca.gov/biz .
7) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
8) TERM. This agreement shall be in effect through _____________; or until the scope of work is completed.
9) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 10) Where applicable, vehicles with a GVWR greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board Advanced Clean Fleets Packet Page 269 of 441Attachment 4 Page 49 of 56
18 regula�ons. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more informa�on, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our- work/programs/advanced-clean-fleets
11) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
12) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All invoices must be submitted and approved by this individual and all notices shall be given to the CITY using the following contact information:
CITY Contact: ________________
E-mail: ________________
Address: ________________
Telephone: ________________
Notices must be given to CONSULTANT at the following:
CONSULTANT Contact: ________________
E-mail: ________________
Address: ________________
Telephone: ________________
EXECUTED as of the day first above-stated.
City of Fairfield, a municipal corporation
By:__________________________________
CONSULTANT
By:___________________________________
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19 EXHIBIT “B”
PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:
Personnel Hourly Rate
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the __________________ for the same. 3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the _____________________________.
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20 EXHIBIT “C”
GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement.
2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement.
CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary. 4) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
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21 9) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permited by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collec�vely “CITY Indemnitees”) from and against any and all claims, losses, liabili�es, damages, costs and expenses, including atorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct propor�on to the CONSULTANT’s propor�onate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of setlement or resolu�on without a court, jury or arbitrator having made a determina�on of the CONSULTANT’s percentage of fault, the par�es agree to media�on with a third party neutral to determine the CONSULTANT’s propor�onate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or ac�ons of every name, kind and descrip�on, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous ac�vi�es, ac�vi�es giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or ac�ng as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Sec�on 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11) PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated. 12) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers.
When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.
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22 As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corpora�on, limited liability corpora�on, non-profit corpora�on or other form of organiza�on. b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax iden�fica�on number.
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23 EXHIBIT “D”
INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed opera�ons, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/loca�on or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensa�on insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2) INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.
Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.
Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________.
3) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deduc�bles or self-insured reten�ons must be declared to and approved by the CITY. At the op�on of the CITY, either the insurer shall reduce or eliminate such deduc�bles or self-insured reten�ons as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related inves�ga�ons, claim administra�on and defense expenses.
b) The general and automobile liability policies (and if applicable, pollu�on liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
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24 i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects:
liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers.
ii) For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. iv) The CONSULTANT’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. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY. vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.
VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub-contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.
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Agenda Item No: 7.
AGENDA REPORT
DATE:July 16, 2024
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 2024179 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and California Wood Recycling, Inc. for Compost Procurement Services RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Senate Bill 1383 (SB 1383) regulations require jurisdictions to procure recovered organic waste products on an annual basis. The State Department of Resources Recycling and Recovery (CalRecycle) assigns annual procurement targets to each jurisdiction based on its population.
Jurisdictions can procure organic waste products, such as compost, to meet these targets.
California Wood Recycling, Inc. (dba Agromin) is the largest organic materials processor in the State and has experience with assisting other jurisdictions in meeting their procurement targets. Staff recommends that the City enter into the attached professional services agreement with Agromin to meet SB 1383 organic waste procurement requirements and avoid potential penalties.
DISCUSSION
SB 1383 was signed into law in 2016 and calls for a dramatic reduction in the amount of organic waste that is landfilled in hopes of reducing the creation of methane, a climate super pollutant. Organic waste consists of materials originating from living organisms and includes yard trimmings, green/landscaping waste, food scraps, and foodsoiled paper. As part of SB 1383 regulations, cities and counties are required to procure recovered organic waste products to meet annual procurement targets. Recovered organic waste products include compost, mulch, renewable natural gas from anaerobic digestion, and biomassderived electricity. According to CalRecycle, these procurement targets will strengthen California’s green, selfsustaining economy, drive infrastructure investment, and create new “green collar” jobs in the state.
CalRecycle assigns annual procurement targets to each jurisdiction based on its population. Initial targets were based on the jurisdiction’s population in 2022, and CalRecycle recalculates this target Packet Page 277 of 441
Agenda Item No: 7.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024179 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand California Wood Recycling, Inc. for Compost Procurement ServicesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUESenate Bill 1383 (SB 1383) regulations require jurisdictions to procure recovered organic wasteproducts on an annual basis. The State Department of Resources Recycling and Recovery(CalRecycle) assigns annual procurement targets to each jurisdiction based on its population.Jurisdictions can procure organic waste products, such as compost, to meet these targets. California Wood Recycling, Inc. (dba Agromin) is the largest organic materials processor in the Stateand has experience with assisting other jurisdictions in meeting their procurement targets. Staffrecommends that the City enter into the attached professional services agreement with Agromin tomeet SB 1383 organic waste procurement requirements and avoid potential penalties.DISCUSSIONSB 1383 was signed into law in 2016 and calls for a dramatic reduction in the amount of organic wastethat is landfilled in hopes of reducing the creation of methane, a climate super pollutant. Organic wasteconsists of materials originating from living organisms and includes yard trimmings, green/landscapingwaste, food scraps, and foodsoiled paper. As part of SB 1383 regulations, cities and counties arerequired to procure recovered organic waste products to meet annual procurement targets. Recoveredorganic waste products include compost, mulch, renewable natural gas from anaerobic digestion, andbiomassderived electricity. According to CalRecycle, these procurement targets will strengthenCalifornia’s green, selfsustaining economy, drive infrastructure investment, and create new “greencollar” jobs in the state.
CalRecycle assigns annual procurement targets to each jurisdiction based on its population. Initial targets were based on the jurisdiction’s population in 2022, and CalRecycle recalculates this target amount every five years thereafter. Per the State Department of Finance, Fairfield had a population of 119,054 in 2022, and is thus required to procure 9,524 tons of organic waste products, or the associated material equivalent, to meet its procurement targets. To help jurisdictions comply with these targets, Assembly Bill 1985 (AB 1985) was signed into law in 2022 and altered the procurement requirements. Jurisdictions are now allowed to take a phased approach to meet procurement targets.
For the calendar year (CY) 2024, AB 1985 requires that jurisdictions procure 65% of the initial target, or 6,190 tons. For CY 2025 onward, the procurement quantity is increased to 100% of the initial target amount, or 9,524 tons. The City is currently recovering a small amount of organic waste material for compost giveaway days, but the City cannot meet the required targets through this alone. As such, the City is currently not meeting SB 1383 procurement targets.
To avoid potential penalties and fines imposed by the State, City staff have explored various options to meet its procurement targets. While SB 1383 regulations allow the City to meet its procurement targets through the combination of eligible products described in the preceding paragraph, staff has determined that compost and/or mulch are the only viable products for the City’s purposes. Other products, such as renewable natural gas for transportation fuel, do not fit into the City’s other sustainability efforts and progress toward fleet electrification. Other products, such as electricity derived from biomass conversion, are also problematic and are not economically feasible or timely. Due to this, staff recommends that the City meet its SB 1383 goals through the procurement of compost and/or mulch. While the City has some need for compost and/or mulch for internal purposes, such as storm waste management/erosion control and landscaping in roadway medians or parks, total procurement targets far exceed what the City can use on an annual basis. To meet procurement targets, the City will need to look outside its boundaries and contract with a compost broker.
With more than 50 years of experience and multiple facilities throughout California, Agromin is the largest organic materials processor in the State. Agromin processes materials for more than 200 communities and provides cities and counties with legislative compliance assistance. Agromin would provide a turnkey solution for SB 1383 requirements and would annually procure compost and/or mulch on behalf of the City and ensure that all SB 1383 procurement targets are met. Under the proposed professional services agreement, Agromin would effectively be a direct service provider and broker on behalf of the City. Agromin would annually procure, find eligible buyers/agricultural users, transport, and provide the required reports on where the compost/mulch was used. This compost could be used by agricultural users both within Fairfield/Solano County and also potentially in other parts of the State.
CalRecycle has determined that the use of the product outside the jurisdiction is allowed.
City staff have consulted with colleagues, solid waste consultants, CalRecycle staff, and other jurisdictions on ways to meet SB 1383 procurement goals and other potential competitors to Agromin.
At this time, City staff is aware of two other companies that provide similar services; however, one company focuses on jurisdictions in central and southern California and the other company has a higher perunit cost. As such, staff recommends entering into a professional services agreement with Agromin for a term period of three years due to the uniqueness, complexity, specialization and costsavings. To avoid any potential fees and to secure current pricing, staff recommends that the council approve the proposed professional services agreement, and staff will reevaluate if additional companies can provide similar services at the conclusion of the term of the agreement.
FINANCIAL IMPACT
The total agreement price is a nottoexceed value of $361,657 for a threeyear term expiring on December 31, 2026. Due to scaling annual procurement targets, annual costs will also consequently increase. Total procurement costs are nottoexceed amounts of $88,713, $136,472, and $136,472 for CY 2024, CY 2025, and CY 2026, respectively.
Funding is anticipated to be provided via State grants. In June 2022, the City was awarded $167,333 Packet Page 278 of 441
Agenda Item No: 7.AGENDA REPORTDATE:July 16, 2024 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 2024179 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Professional Services Agreement Between the City of Fairfieldand California Wood Recycling, Inc. for Compost Procurement ServicesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUESenate Bill 1383 (SB 1383) regulations require jurisdictions to procure recovered organic wasteproducts on an annual basis. The State Department of Resources Recycling and Recovery(CalRecycle) assigns annual procurement targets to each jurisdiction based on its population.Jurisdictions can procure organic waste products, such as compost, to meet these targets. California Wood Recycling, Inc. (dba Agromin) is the largest organic materials processor in the Stateand has experience with assisting other jurisdictions in meeting their procurement targets. Staffrecommends that the City enter into the attached professional services agreement with Agromin tomeet SB 1383 organic waste procurement requirements and avoid potential penalties.DISCUSSIONSB 1383 was signed into law in 2016 and calls for a dramatic reduction in the amount of organic wastethat is landfilled in hopes of reducing the creation of methane, a climate super pollutant. Organic wasteconsists of materials originating from living organisms and includes yard trimmings, green/landscapingwaste, food scraps, and foodsoiled paper. As part of SB 1383 regulations, cities and counties arerequired to procure recovered organic waste products to meet annual procurement targets. Recoveredorganic waste products include compost, mulch, renewable natural gas from anaerobic digestion, andbiomassderived electricity. According to CalRecycle, these procurement targets will strengthenCalifornia’s green, selfsustaining economy, drive infrastructure investment, and create new “greencollar” jobs in the state. CalRecycle assigns annual procurement targets to each jurisdiction based on its population. Initialtargets were based on the jurisdiction’s population in 2022, and CalRecycle recalculates this targetamount every five years thereafter. Per the State Department of Finance, Fairfield had a population of119,054 in 2022, and is thus required to procure 9,524 tons of organic waste products, or theassociated material equivalent, to meet its procurement targets. To help jurisdictions comply with thesetargets, Assembly Bill 1985 (AB 1985) was signed into law in 2022 and altered the procurementrequirements. Jurisdictions are now allowed to take a phased approach to meet procurement targets.For the calendar year (CY) 2024, AB 1985 requires that jurisdictions procure 65% of the initial target, or6,190 tons. For CY 2025 onward, the procurement quantity is increased to 100% of the initial targetamount, or 9,524 tons. The City is currently recovering a small amount of organic waste material forcompost giveaway days, but the City cannot meet the required targets through this alone. As such, theCity is currently not meeting SB 1383 procurement targets.To avoid potential penalties and fines imposed by the State, City staff have explored various options tomeet its procurement targets. While SB 1383 regulations allow the City to meet its procurement targetsthrough the combination of eligible products described in the preceding paragraph, staff hasdetermined that compost and/or mulch are the only viable products for the City’s purposes. Otherproducts, such as renewable natural gas for transportation fuel, do not fit into the City’s othersustainability efforts and progress toward fleet electrification. Other products, such as electricity derivedfrom biomass conversion, are also problematic and are not economically feasible or timely. Due to this,staff recommends that the City meet its SB 1383 goals through the procurement of compost and/ormulch. While the City has some need for compost and/or mulch for internal purposes, such as stormwaste management/erosion control and landscaping in roadway medians or parks, total procurementtargets far exceed what the City can use on an annual basis. To meet procurement targets, the City willneed to look outside its boundaries and contract with a compost broker. With more than 50 years of experience and multiple facilities throughout California, Agromin is thelargest organic materials processor in the State. Agromin processes materials for more than 200communities and provides cities and counties with legislative compliance assistance. Agromin wouldprovide a turnkey solution for SB 1383 requirements and would annually procure compost and/or mulchon behalf of the City and ensure that all SB 1383 procurement targets are met. Under the proposedprofessional services agreement, Agromin would effectively be a direct service provider and broker onbehalf of the City. Agromin would annually procure, find eligible buyers/agricultural users, transport, andprovide the required reports on where the compost/mulch was used. This compost could be used byagricultural users both within Fairfield/Solano County and also potentially in other parts of the State.CalRecycle has determined that the use of the product outside the jurisdiction is allowed. City staff have consulted with colleagues, solid waste consultants, CalRecycle staff, and otherjurisdictions on ways to meet SB 1383 procurement goals and other potential competitors to Agromin.At this time, City staff is aware of two other companies that provide similar services; however, onecompany focuses on jurisdictions in central and southern California and the other company has a higherperunit cost. As such, staff recommends entering into a professional services agreement with Agrominfor a term period of three years due to the uniqueness, complexity, specialization and costsavings. Toavoid any potential fees and to secure current pricing, staff recommends that the council approve theproposed professional services agreement, and staff will reevaluate if additional companies canprovide similar services at the conclusion of the term of the agreement. FINANCIAL IMPACTThe total agreement price is a nottoexceed value of $361,657 for a threeyear term expiring onDecember 31, 2026. Due to scaling annual procurement targets, annual costs will also consequentlyincrease. Total procurement costs are nottoexceed amounts of $88,713, $136,472, and $136,472 for CY 2024, CY 2025, and CY 2026, respectively.
Funding is anticipated to be provided via State grants. In June 2022, the City was awarded $167,333 (Account 15660105) in SB 1383 Local Assistance Grant funding (OWR 1, FY 20212022). This grant cycle will cover expenses for CY 2024 ($88,713).
In May 2024, the City was awarded $317,573 (Account 15660105) in SB 1383 Locals Assistance Grant funding (OWR 4, FY 20242025). This grant cycle will cover expenses for CY 2025 and CY 2026 in the amount of $272,944 ($136,472 + $136,472).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, the recommended action may be delayed so staff can provide additional information.
STAFF CONTACT
Corey Beavers, Management Analyst II
(707) 4287528
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department
ATTACHMENTS:
Description
Attachment 1: Proposed Resolution
Attachment 2: Proposed Agreement
REVIEWERS:
Reviewer Action Date
Hether, Michael Approved 7/2/2024 10:48 AM
Dombrowski, Delaney Approved 7/2/2024 11:20 AM
Packet Page 279 of 441
CITY OF FAIRFIELD
RESOLUTION NO. 2024-179
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND CALIFORNIA WOOD RECYCLING, INC. FOR COMPOST PROCUREMENT
SERVICES
WHEREAS, Senate Bill 1383 (SB 1383) regulations require jurisdictions to procure recovered organic waste products on an annual basis; and
WHEREAS, the State Department of Resources Recycling and Recovery (CalRecycle) assigns procurement targets to each jurisdiction based on its population ; and
WHEREAS, the City of Fairfield anticipates meeting its mandated targets through the procurement of compost and/or mulch; and
WHEREAS, California Wood Recycling, Inc. (dba Agromin) is the largest organic materials processor in California and is qualified to assist the City in meeting its procurement targets and providing the associated reporting; and
WHEREAS, City staff is requesting professional compost procurement services from Agromin.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute a professional services agreement between the City of Fairfield and Agromin in an amount not-to-exceed $361,657 for a three-year term expiring on December 31, 2026.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned contract.
Packet Page 280 of 441Attachment 1 Page 1 of 2
RES NO. 2024-179