CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
TRACKING NUMBER:
Parties and Date.
This Agreement is made and entered into this ___ day of July, 2023, by and between the City of Fontana, a municipal corporation organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”) and Water of Life Community Church, a Non-Profit Organization with its principal place of business at 11418 Miller Ave, Suite K, Fontana, CA 92336 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” Recitals.
City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is familiar with and experienced in providing supportive services to individuals and families who are homeless or at risk of homelessness, and the provision of such services to public clients, and further that Consultant has all appropriate licenses to provide such services in the State of California and the City.
Project. City desires to engage Consultant to render such services on the terms and conditions as set forth in this Agreement for purposes of reducing and eliminating homelessness in the City. City and Consultant agree that this Agreement is subject to requirements of funding received under state and federal law, including grant conditions referenced herein, and that City and Consultant shall reasonably cooperate to fulfill the requirements and conditions for the receipt and expenditure of such funding (“Funding Requirements”).
Terms.
Scope of Services and Term.
General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the supportive services more particularly described in the “Scope of Services” attached as Exhibit “A”, which is incorporated herein by reference (“Services”). All Services and related activities shall be in accordance with this Agreement, the exhibits attached hereto, and all applicable local, state and federal laws, rules and regulations.
Term. The term of this Agreement shall be for a period of one year from___, 2023 to___ , 2024 (“Term”), unless earlier terminated as provided herein. The City has the option, by giving written notice to Consultant, to extend the term for four (1) one-year periods (“Extended Term”), at which point the Agreement will expire and a new agreement will be required. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
Reimbursement for Prior Services. Notwithstanding the Term set forth above, Consultant may submit a request for reimbursement of services rendered prior to the Term that would meet all other requirements for payment under this Agreement. If the City determines, in the exercise of its reasonable discretion, that the request would meet the requirements of this Agreement, except for being provided during the Term, and the City receives written confirmation from the funding source that the services comply with any applicable Funding Requirement for the Services, then the City may, agree to issue payment for the requested amount. City has the sole and absolute discretion to deny any request made under this paragraph.
Responsibilities of Consultant.
Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Consultant agrees and understands that the payment for Services is subject to the deadlines for expenditure of funds, if any, referenced in the Funding Requirements.
Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City, and in accordance with all requirements of the Scope of Services and any applicable Funding Requirements. Consultant understands and agrees to comply with all obligations of a “subrecipient” or “subgrantee,” if applicable, under any funding source referenced in this Agreement, as well as to comply with the following:
Compliance with the Drug-Free Workplace Act of 1990 (Gov. Code § 8350 et seq.).
Publishing a statement notifying employees or agents that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken for violations.
Establishing a Drug-Free Awareness Program, as required by Government Code § 8355, subdivision (a)(2) to inform employees or agents about: (a) the dangers of drug abuse in the workplace; (b) Consultant’s policy of maintaining a drug-free workplace; (c) any available counseling, rehabilitation, and employee assistance program; and (d) penalties that may be imposed upon employees or agents for drug abuse violations.
Provide each employee or agent, as required by Government Code § 8355(a)(3), a copy of Consultant’s drug-free policy statement, and require each employee or agent agree and abide to the terms of the policy as part of the employment or agent contract.
Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval by City, such approval not to be unreasonably withheld, conditioned, or delayed. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property, shall be promptly removed from the Services by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mark Nuaimi, Sr. Staff Director, Operations.
City’s Representative. The City hereby designates Valerie Gonzales, Housing Development Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”), as may be updated from time to time. City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
Consultant’s Representative. Consultant hereby designates Giovanni Quiroz, Grant Manager of Consultant, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”), as may be updated from time to time. Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services by the Consultant and shall not be reemployed to perform any of the Services or any related work.
Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in this Section 3.2.9 or any of its sub-sections.
Employment Eligibility; Subcontractors, Consultants, and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Services or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.9.1.
Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following, if not cured within thirty (30) days of (i) written notice by the City, or (ii) discovery by Consultant, whichever is earlier, shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Services any person found not to be in compliance with such requirements. The opportunity to cure stated herein shall be subject to the Funding Requirements and shall not prejudice City’s rights to withhold payment to comply with the Funding Requirements.
Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to obtain the required liability insurance in accordance with law and this Agreement before commencing the performance of the Services.
Equal Opportunity Employment. Consultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment, including any subconsultant, because of race, religious creed, color, national origin (including language use restriction), ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), genetic information, marital status, sex, gender, gender identity, gender expression, age (over 40), sexual orientation, pregnancy, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, supervising, layoff or termination. Consultant and any of its subcontractors shall comply with all applicable state and federal laws against discriminatory practices and all Funding Requirements, including but not limited to the non-discrimination provisions set forth in Section 8 of the FHC Grant General Terms and Conditions.
Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
Water Quality.
Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph.
Insurance.
Time for Compliance. Consultant shall not commence, nor shall Consultant be required to commence, the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Fontana, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.10.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.10.3(A).
Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.10.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.10.3(B).
Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) 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 directors, officials, officers, employees, agents and volunteers and other additionally insureds Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions shall also include all equipment and training as reasonably necessary for the implementation of any operations and policies procedures in effect at any site where Services are provided.
Non-Discrimination. During the performance of this Agreement, Consultant, its employees and agents, shall not deny the Services to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Consultant shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
Fees and Payments.
Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation for the initial one-year term shall initially equal an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00), without written approval of City’s Representative (the “Compensation”). Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
Ongoing Review of the Budget. It is understood and agreed that the Parties will meet regularly, and no less than once per quarter, to evaluate the Budget, the performance of the Project, and whether the Budget should be adjusted or modified to meet the Funding Requirements or further intent of the Parties and the intended purpose of this Agreement. Notwithstanding the foregoing, Consultant understands and agrees that the Budget and the amount specified in Section 3.3.1 cannot be modified without a written amendment to this Agreement that is approved by the City Council, or its designee by appropriate delegated authority.
Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant (each a “Statement”). The Statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the Statement. The Statement must provide any and all information City may reasonably require to comply with any Funding Requirements referenced in in the Scope of Services or elsewhere in this Agreement, and upon request the City shall meet communicate with Consultant the information necessary to obtain payment. City shall, within thirty (30) days of receiving such Statement, review the Statement and pay all approved charges thereon (the “Payment Period”). City shall not unreasonably withhold, condition, or delay the approval of any payment of any such Statement. To the extent the City rejects or disputes a Statement (a “Statement Dispute”), the City shall deliver written notice to Consultant, and said notice shall describe, in reasonable detail, (i) the reason for the Statement Dispute, (ii) action that Consultant may take in order to remedy the Statement Dispute, and (iii) as applicable, if there is a dispute as to the amount billed or charged in any Statement the amount so disputed (“Payment Dispute Notice”). Upon receipt of the Payment Dispute Notice, Consultant shall have the right, exercisable in Consultant’s sole and absolute discretion, to take such steps to remedy the dispute; provided however, that such action by Consultant, if any, shall be without waiver of any of Consultant’s rights under this Agreement, at law, or in equity.
Reimbursement Subject to Funding Requirements. Any Statement must adequately document that the Services comply with the applicable Funding Requirements, as may be reasonably required by the City, and as set forth in Exhibit A.
Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. City has not made any representations or warranties to Consultant regarding the applicability of Prevailing Wages. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Program Funding Source Compliance. Consultant agrees and understands that any payments under this Agreement may be subject to a determination that the services comply with grant funding conditions or requirements and that the City may withhold or retain payment for services that fail to comply with any grant conditions or requirements; provided however, that the City shall not unreasonably withhold or retain payment, and if the City desires to withhold or retain payment, it shall comply with the Statement Dispute procedures set forth in Section 3.3.2 including, without limitation, the delivery of a Payment Dispute Notice.
Accounting Records.
Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City, or an official or agent of the State of California, or other appropriate agency, during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement as required by any funding source. Consultant must retain records related to services provided under this Agreement for a period of ten (10) years, or longer period as required by law or any Funding Requirements. On or before that date, the City may require Consultant continue to retain records or provide all records related to the services provided under this Agreement.
Funding Requirement Records. Consultant agrees and understands that Consultant must comply with all provisions of the Funding Requirements related to the maintenance and inspection of records, and that Consultant will cooperate with the City at all times by providing documents, reports, records, or other data to City for the purpose of complying with the Funding Requirements.
General Provisions.
Termination of Agreement.
Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement as follows: (i) at any time and without cause with at least ninety (90) days written notice to Consultant, or (ii) if terminating ‘for cause’ then upon at least thirty (30) days written notice to Consultant. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause or in connection with the termination of the Lease (defined below).
Termination of Lease. City and Consultant are parties to that certain Lease Agreement dated July __, 2023 (the “Lease”) pursuant to which Consultant leases certain premises located at 7714 Tamarind Avenue, Fontana, CA 92336 (the “Tamarind Premises”) in connection with providing the Services described in this Agreement. City and Consultant acknowledge and agree that Consultant intends to provide a significant amount of the Services at the Tamarind Premises, and that the termination of the Lease could materially impair Consultant’s ability to render the Services. Upon the termination of the Lease, Consultant shall have thirty (30) days to deliver written notice to City electing to either (i) terminate this Agreement, or (ii) continue to perform this Agreement, with a proportionate reduction of the Services to be rendered and the Compensation.
Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.
Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose, or at the emails set forth below (as may be changed by written notice to the other party from time to time):
City
City of Fontana
8353 Sierra Avenue, Fontana, California 92335
Attn: Valerie Gonzales
Email:
Consultant
Water of Life Community Church
14418 Miller Ave, Suite K
Fontana, CA 92336
Attn: Mark Nuaimi
Email: [email protected]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address, or, if sent by email, one business day after dispatch. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
Ownership of Materials and Confidentiality.
Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Services, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City.
Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Agreement or another project, provided that any such use not within the purposes intended by this Agreement or unrelated this Agreement without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project unrelated to this Agreement, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use in the course of this Agreement by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
Confidentiality. All “Confidential Information,” ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by, received by, or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. “Confidential Information” shall include, but not be limited to, all information or material that Consultant learns of or obtains while providing services to the City, its officials, employees or other agents, including any other consultant working on behalf of the City, under this Agreement that is or was confidential or privileged by virtue of it having been discussed or presented in a duly-noticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, confidential medical or health information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City. Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Consultant by City. Nothing herein shall require City to disclose any of its information to Consultant.
Consultant shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement and in accordance with applicable law. Following the termination of this Agreement, Consultant shall not use or disclose any Confidential Information, except with the express written consent of City. Consultant’s obligations under this Section shall survive the termination and/or expiration of this Agreement.
Indemnification.
Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents (“City Indemnified Parties”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to (i) any negligence or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services or (ii) any material breach, default, violation or nonperformance of this Agreement. Such obligation shall not include consequential or special damages incurred by the City; provided, however, nothing in this section shall limit City’s recovery of any claim or liability for repayment of moneys that were used to pay for services of Consultant for non-compliance with the Funding Requirements. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Additional Indemnity Obligations. To the extent Consultant is obligated to defend, indemnify, and hold the City Indemnified Parties free and harmless pursuant to Section 3.5.4.1, Consultant shall: (a) defend, with legal counsel chosen by City, at Consultant’s own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.5.4.1 that may be brought or instituted against the City Indemnified Parties, (b) shall pay and satisfy any judgment, award or decree that may be rendered against the City Indemnified Parties as party of any such claim, suit, action or other proceeding, (c) reimburse said City Indemnified Parties for the cost of any settlement paid by said City Indemnified Parties as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorneys’ fees and costs, including expert witness fees. Consultant shall reimburse the City Indemnified Parties, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City Indemnified Parties.
Consultant’s Initials: ______________
Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
Time of Essence. Time is of the essence for each and every provision of this Agreement.
City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Agreement or Services provided hereunder.
Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
Counterparts. This Agreement may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. An electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including email transmitted electronic signatures. All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original. The parties hereby acknowledge and agree that electronic records and electronic signatures may be used in connection with the execution of this Agreement and electronic signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this agreement had been delivered and signed by using a handwritten signature. City and Consultant (a) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and have the same force and effect as a manual signature, (b) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by electronic mail or other electronic means, (c) are aware that the other party will rely on such signatures, and (d) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signatures. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the Electronic Signatures in Global and National Commerce Act (“E-Sign”), and Uniform Electronic Transactions Act (“UETA”), that a signature transmitted by email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-Sign and UETA with respect to this specific transaction.
Subcontracting. Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Entire Agreement. This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. Notwithstanding the foregoing, nothing in this Agreement shall supersede or cancel the separate agreement between City and Consultant regarding the Emergency Solutions Grant Program Services or Lease entered by the Parties on or about ______, 2023. [signatures on next page]
SIGNATURE PAGE
TO
CITY OF FONTANA
Professional services agreement
track No. _________________
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
Water of Life Community Church
By:
________________
Title:
Attest:
By:
City Clerk
Attest:
By:
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: _____________________________
Phillip Burum
Deputy City Manager
By: ______________________________
Valerie Gonzales
Housing Development Manager
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha L. Thomas
Director of Human Resources
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES Jessica Brown, Chief Financial Officer
Purchasing Office
EXHIBIT “A”
SCOPE OF SERVICES
Water of Life Community Church, a Non-Profit Organization with its principal place of business at 11418 Miller Ave, Suite K, Fontana, CA 92336 (“Consultant”) shall provide services under this Agreement, as set forth herein:
It is a material term of this Agreement that Consultant comply with tall funding requirements (“Funding Requirements”) that are a condition of funding awarded to the City of Fontana (“City”) as set forth below:
The City has been awarded funds as part of the Family Homelessness Challenge Grant (“FHC Program”), which is funded through the Business, Consumer Services and Housing Agency of the State of California. Consultant agrees to comply all requirements of the FHC Program, including but not limited to the following:
All requirements under Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code of California, and any regulations, guidance, or amendments thereto; All requirements set forth in (1) the Family Homelessness Challenge Grant and Technical Assistance Program Standard Agreement, inclusive of all exhibits therein, and (2) the Program Work Plan, each of which is attached hereto as Attachments 1 and 2, respectively, and incorporated herein by reference; and, Any other requirements for compliance with the FHC Program that may be determined by the State of California or the City.
Eligible Clients. The eligible clients for the services described herein are individuals and families who are homeless or at risk of homelessness persons who are “homeless” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, inclusive of individuals and families who are homeless or at risk of homelessness (“Client” or “Clients”).
Compliance with Work Plan. Consultant’s Services will be consistent with the activities set forth in the Work Plan, including: Street Outreach, Interim Shelter, Rapid Rehousing, Delivery of Permanent Housing, Service Coordination, Systems Support, Operating Subsidies, and Administrative Costs.
Program Properties. Consultant’s Services will support services for Eligible Clients in connection with housing opportunities at the following property: 7714 Tamarind Avenue, Fontana California (“Bridge of Hope”).
Service Deliverables. Consultant shall provide the following Services:
Consultant will provide case management from initial intake, assessment, and eligibility determinations for Clients.
Consultant’s case managers shall coordinate wraparound supportive services needed for Client success and access to sustainable housing, and provide assessment and coordination of medical services, skills training, vocational training, child care, animal care, transportation services, legal needs, and such other needs in furtherance of the applicable Funding Requirements and approved by the City.
All Clients shall be eligible for Consultant’s “Residential Leadership Academy” or similar program to be provided by Consultant upon consultation and approval of the City.
Consultant shall provide housing navigation services, including but not limited to:
Maintaining a housing inventory (locally and regionally); Understanding habitability requirements and fair market requirements; Assisting clients with housing navigation and search.
Consultant shall provide street outreach services for daily engagement with homeless persons to assess vulnerability, assist with becoming document ready to obtain essential services, develop an Individual Housing Action Plan and guide clients toward the goal of becoming stable.
Consultant shall coordinate services for Clients in need of interim shelter, including transportation, bedding, food, animal care, and required documentation.
Consultant shall have services designed for families with a dependent minor.
Consultant shall coordinate vocational, legal, child care, animal care services for Clients in permanent supportive housing, including transportation, RLA classes, and required documentation.
Interim Housing Policies and Procedure
The Program Properties shall be operated as interim housing based on “Housing First” principles. “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recover and that centers on providing or connecting homeless people to permanent housing as quickly as possible.
Each Program Property shall be staffed at all hours, 24/7/365, by an agent or employee of Consultant who is designated as a Client Care Technician.
Consultant shall be responsible for operating the Program Properties and providing services in accordance with the core components of Housing First, pursuant to Welfare and Institutions Code § 8255, subdivision (b), including the following:
Screening and selection practices that promote accepting applicants regardless of sobriety or use of substances, completion of treatment or participation in services.
Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to occupancy, or behaviors that indicate a lack of “housing readiness.” Acceptance of referrals from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.
Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly occupant-driven without predetermined goals.
Participation in services or program compliance is not a condition of permanent housing.
Written agreements that set out rights and responsibilities of occupancy, as required by California law.
The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for termination of occupancy.
Prioritize occupant selection based on criteria other than “first-come-first-serve,” including duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services, such as triage tools.
Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including but not limited to, motivational interviewing and client-centered counseling.
Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addition as a part of tenants’ lives, where residents are engaged in nonjudgmental communication regarding drug and alcohol use, and where residents are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based if the resident so chooses.
Accommodate disabilities, reduce harm, and promote health and community and independence among tenants.
Consultant must establish community guidelines for each Program Property that shall be subject to review and approval by the City. Tenant must allow residents the opportunity to have meaningful and purposeful opportunities to inform and shape the policies reflected in the community guidelines.
Consultant must cooperate with City to ensure compliance with any regulations or program administration as reasonably determined by City.
Consultant shall develop Community Guidelines and an Occupancy Termination Policy for each Project Property, which shall be subject to review and approval by City in its sole and absolute discretion. The Community Guidelines and Occupancy Termination Policy shall be in writing and shall set forth in plain language the rules and terms for a resident’s occupancy of the property, grounds for termination of occupancy, and the required notice procedures prior to the termination of a resident’s occupancy.
The Community Guidelines, Occupancy Termination Policy, and any other documentation reasonably required by City, shall be provided to residents at the commencement of occupancy.
In the event of termination of a resident’s occupancy, Consultant shall provide the resident with: (A) a written copy of its grievance process, which sets forth in plain language how a resident may file an appeal challenging the termination of their residency, and (B) a written exit plan that includes, among other information, referrals to any available local shelter, and the Consultant shall make a good faith, reasonable effort to facilitate an intake for the resident in an available bed or unit when possible.
Consultant shall coordinate with any and all employees, agents or other consultants of the City for purposes of carrying out the Services thereunder.
Consultant shall cooperate with the City to comply with all obligations for inputting and maintaining data into the Homeless Management Information System, in accordance with California Health and Safety Code § 50259, including but not limited to: health information, in a manner consistent with state and federal law.
All referrals to assisted units shall be made through the local Coordinated Entry System or other comparable prioritization system based on greatest need, and in accordance with protocols that are developed and implemented in accordance with the local Continuum of Care and Program Requirements.
Consultant shall maintain and provide to City all data and outcomes that may inform an assessment of the Services and compliance with the Funding Requirements, including but not limited to client service data, housing status of persons served and documentation supporting the use of funds, and detail about the Services provided.
Consultant’s Initials: ___________
Exhibit A: Attachment 1
FHC STANDARD AGREEMENT
Exhibit A: Attachment 2
WORK PLAN
EXHIBIT “B”
SCHEDULE OF SERVICES
Consultant shall commence providing the Services on the Effective Date, in accordance with written notice from the City, the Schedule of Services set forth below, and the Budget attached as Exhibit C.
Consultant agrees and understands that the FHC Grant requires fifty percent (50%) of the City’s award to be spent by June 30, 2024 and one hundred percent (100%) to be spent by June 30, 2026. Failure to meet the Schedule of Services set forth above will result in damage to the City.
Consultant’s Initials: ___________
EXHIBIT “C”
BUDGET
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EXHIBIT “A”
SCHEDULE OF SERVICES
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EXHIBIT “C”
BUDGET
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Attestation of Consultant’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.