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SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT (Agreement) is made and entered into, effective on ______________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and FRESNO ECONOMIC OPPORTUNITIES COMMISSION, California non-profit corporation (Service Provider).
RECITALS
WHEREAS, City desires to obtain professi onal youth services for Homeless Housing, Assistance, and Prevention (HHAP) grant funding for Youth Bridge Housing located 1046 T Street (Project); and
WHEREAS, Service Provider is engaged in the business of furnishing such services as a youth service provider and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges th at this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its Planning and Development Director (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Scope of Services. Service Provider shal l perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Perfor mance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2026, subject to any earlier termination in accordance with this Agreement. The services of Service Provider as described in Exhibit A are to commence upon the Effective Da te and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A.
3. Compensation.
(a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement and shall not exceed Three Hundred Ninety-five Thousand Three Hundred Thirty-two Dollars and 00/100 ($395,332.00), paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A . Such fee includes all expenses incurred by Service Provider in performance of the services.
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(b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business.
City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with appl icable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreem ent to increase or decrease the scope of services or provide for the renditi on of services not required by this Agreement, which modification shall include an adjustment to Service Provider’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Service Provider shall not be entitled to any additional compensation if services are performed prior to a signed written amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate with out any liability of City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or wi thout cause by City to Service Provider; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, Service Provider shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to City any and all unearned payments and all properties and materials in the possession of Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to fail ure of Service Provider to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Service Provider, nor shall such payment impair or prejudice any remedy available to City with respect to the breach.
(d) Upon any breach of this Agreement by Service Provider, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (i ii) recover all direct, indirect,
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consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator ’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial inf ormation, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City.
(b) Any and all writings and documents prepared or provided by Service Provider pursuant to this Agreement are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expirati on or termination of this Agreement.
6. Level of Skill. It is further mutual ly understood and agreed by and between the parties hereto that inasmuch as Service Pr ovider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall
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perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operat e as a release of Service Provider or any subcontractors from said industry and professional standards.
7. Indemnification. To the furthest exte nt allowed by law, Service Provider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Service Provider or any othe r person, and from any and all claims, demands and actions in law or equity (i ncluding reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Service Provider's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, offi cials, employees, agents, or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caus ed by the willful misconduct, of City or any of its offi cers, officials, employees, agents, or volunteers.
If Service Provider should subcontract all or any portion of the work to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and voluntee rs in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Service Provider shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional ins ureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of th e Agreement or any extension, the Service Provider or any of its subcontractors/sub-Service Providers fail to maintain
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any required insurance, all services and work under this Agreement shall be discontinued immediately, and all payments due, or that become due, to the Service Provider shall be withheld until insurance is in compliance with the requirements. Any failure to mainta in the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Service Provider shall not be deemed to release or diminish the liability of the Service Provider, including, without limitation, liability under the indemnity provisions of this Agreement.
The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Service Provider, its principals, officers, agents, employees, persons under the supervision of the Service Provider, vendors, suppliers, invitees, Service Providers, sub-Service Providers, subcontractors, or anyone employed directly or indirectly by any of them.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to City’s execution of this Agreement, Service Provider shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulat ions including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Service Provider shall immediately notify City of these facts in writing.
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(c) Service Provider ’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Service Provider ’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Service Provider shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Service Provider pursuant to this Agreement. (d) In performing the work or services to be provided hereunder, Service Provider shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(e) Service Provider represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (f) Service Provider and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above.
(g) If Service Provider should subcontract all or any portion of the work to be performed or services to be provid ed under this Agreement, Service Provider shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
(h) This Section 9 shall survive expirati on or termination of this Agreement.
10. Recycling Program. In the event Service Provider maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno , Service Provider at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling program, approved by City’s Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
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(b) Immediately contact City’s Solid Waste Management Division at (559) 621- 1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management Division the establishm ent of the recycling program in paragraph (a) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, a nd not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agre ement and for a period of three years after final payment or, if longer, for an y period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project shall be available fo r the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subc ontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by City, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local law, Service Provider shall not employ di scriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Service Provider agrees as follows:
(a) Service Provider will comply wi th all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color,
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national origin, ancestry, physical di sability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefit s of, or be subject to discrimination under any program or activity made po ssible by or resulting from this Agreement.
(b) Service Provider will not discriminate against any employee or applicant for employment because of race, relig ious creed, color, national origin, ancestry, physical disability, mental di sability, medical condition, marital status, sex, age, sexual orientation, et hnicity, status as a disabled veteran or veteran of the Vietnam era. Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Service Provider’s employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Service Provider will, in all solicita tions or advertisements for employees placed by or on behalf of Service Provider in pursuit hereof, state that all qualified applicants will receive co nsideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) Service Provider will send to each labor union or representative of workers with which it has a collective bargaini ng agreement or other contract or understanding, a notice advising such labor union or workers' representatives of Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, Service Provider is acting solely as an independent cont ractor. Neither Service Provider, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of City for any purpose. City
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shall have no right to control or supervise or direct the manner or method by which Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obl igations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider shall be solely liable a nd responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’s employees, including, without limitation, (i) compliance with So cial Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Service Provider may be providing services to others unrelated to City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsi mile followed by telephone confirmation of receipt, or sent by United States regi stered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, a ssigns, transferees, agents, servants, employees and representatives.
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16. Assignment.
(a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unles s approved in writing by the City Manager or designee.
(b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Service Provider directly to Service Provider.
17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comp ly with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a br each by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in th is Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Ag reement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
22. Interpretation. The parties acknowledge th at this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, co venant or condition of this Agreement,
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the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreem ent. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiati ons, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Service Provider.
29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tricia Herrera Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Fresno Economic Opportunities
Commission, a California Non-profit
corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Joe Pasillas
Housing and Neighborhood Revitalization
Manager
2600 Fresno Street, CH3N 3065
Fresno, CA 93721
Phone: (559) 621-8053
E-mail: [email protected]
SERVICE PROVIDER:
FRESNO ECONOMIC OPPORTUNITIES
COMMISSION
Attention: Emilia Reyes
Chief Executive Officer
1920 Mariposa Street, Suite 300
Fresno, CA 93721
Phone: (559) 263-1010
E-mail: [email protected]
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Service Agreement between City of Fresno
and Fresno Economic Opportunities Commission
T Street Youth Bridge Housing
The facility is situated at 1046 T Street in downtown Fresno. The site is close to bus lines and the Amtrak station. The site hosts 16 two-bedroom, one-bathroom apartment units.
Each apartment is standard with a working kitchen with appliances, beds, couches, a table and décor. The site has self-serve laundry services. The site has security cameras, a locking outside gate and a carport for program vehicles. Client and staff parking are in front of the facility. The facility is an older facility, so minor repairs will be made to ensure it stays clean and safe.
INTERIM SHELTER OPERATIONS
Fresno EOC Sanctuary and Support Services proposes to continue operating the current Youth Bridge Housing services for young adults. We will have 8 beds in 3 units. Clients will be housed as families instead of individuals (individual beds are already allocated).
During intake, housing staff will go over services, program rules and expectations. They will meet their assigned case manager who wi ll further assist with the additional needs (i.e. counseling, education, mental health linkages). Youth not currently employed or receiving any income will be encouraged to look for employment and referred to employment and training services, located on site during various times of the day. Youth already employed will be encouraged to save a portion of their income for future housing needs when they exit the project.
The exiting goal is for youth to become self-sufficient and enter safe, stable, permanent housing. After exit, the case manager will provide aftercare support for 30 days (about 4 and a half weeks) and follow up if the youth need assistance with an issue. Referrals and linkages can still be provided to the youth.
Positions proposed in this project include partial funding for the following:
x Sanctuary Director (6%);
x Homeless Services Manager (29%),
x Shelter Coordinator (50%),
x Case Manager (15%) and
x Four (4) Site Monitors (two (2) at 35% and two (2) at 20%).
Funding these positions would allow for proje ct oversite, service provision and 24-hour supervision of the clients and site. Site Monitors make up the 24-hour supervision working 8-hour shifts each day of the year.
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Sanctuary will provide at least one (1) healt h and safety educational class per month to clients residing on site. Clien ts will be strongly encouraged to participate based on their needs as identified in their case plans. Sanctuary will collaborate with existing community partners to offer classes and train staff in delivering these same classes. There will be a posted monthly calendar with class options for clients. The Case Managers will follow up with clients to determine if the class was sufficient for their needs. Classes proposed will include sexual and substance abuse education, independent living skills, mental health first aid, and anger management. Classes will be accessible to clients at both sites.
Youth will be connected to community partners and resources identified through case management. The case manager will provide the necessary information for the youth to access the identified service, and if needed, arrange transportation. Youth can be referred to a Training and Employment Counselor for any related needs including job placement.
Other partnerships include counseling, substance abuse, mental health services, daycare, and legal services.
Youth, 18-24 years old, and their dependents, can enter this project with their belongings, pets, and partners (within the age of 18-24). Only youth with a documented history of sexual offenses will not be accepted due to children being onsite.
If a youth is identified on the streets during outreach efforts in Fresno and Madera Counties, they can be transported to the Sa nctuary Transitional Shelter. The youth will meet with outreach staff to determine their homeless status, if they have any support (i.e. family) that they can reach ou t to, or if they are currently being assisted by any other program. If it is determined the youth meets the minimum criteria for homelessness, they would be eligible for the Sanctuary Transitional Shelter.
Since the Sanctuary Transitional Shelter has first come first serve, if a bed is not available youth will be put on the waiting list. If they otherwise qualified for Youth Bridge Housing, a referral could be made through the Coordinated Entry System to prevent continued homelessness for these youth.
Clients can reside in Youth Bridge Housing for up to six (6) months, giving time to identify housing and assistance with any other identified needs. Clients will meet with their Case Manager at least twice a month to evaluate their progress toward securing permanent housing upon exit. They will also discuss any identified barriers and how to address them to obtain their housing goal.
In the event a client needs longer than si x months of assistance, a request can be submitted and approved only by the Homeless Services Manager. Extension requests will only be approved if permanent housing has been identified but require additional time for the unit to be ready. Sanctuary staff will also work with the housing provider to advocate for the client to ensure the process is swift.
At the exit, youth will have a final meeting wi th their case manager to make sure needs are met and referrals, if needed, are in place. Staff will try to contact youth at the 30-day interval to check in. Youth are also encour aged to contact the program if they need
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additional referrals if they do not have case management in their matched housing program.
While at Youth Bridge Housing, clients will be offered three (3) meals per day and snacks.
Information regarding resources for youth that are in need of food assistance (i.e.
Sanctuary Drop-In Center, Poverello House) during lunch time will be available.
Due to shared housing and limited space, clients that enter with pets are required to keep their pets in the available crates that will be onsite. In the event the animal is too large for the crate, displays aggressive behavior, or is a disturbance to the neighbors, it will not be allowed on site. Staff will assist the client to look for alternative pet care.
Clients entering the project do not have to be married to enter as a couple; this includes same sex couples with the option to enter the family room or individual rooms.
Clients with large amounts of possessions can store their belongings in available storage units on-site. Storage units will be assigned to one (1) client at a time to prevent theft.
Belongings brought to Youth Bridge Housing is the client’s responsibility.
Additional rules expected to be followed while residing in Youth Bridge Housing include respecting others, refraining from using subs tances on-site, displaying aggressive or harassing behavior, and/or engaging in a ph ysical altercation. Clients found in violation of any rules will be counseled up to three times (depending on severity of violation) before termination from Youth Bridge Housing.
Clients can be off-site for up to 72 hours (about 3 days) per month during their stay without contact and will still be elig ible for assistance. More than 72 hours (about 3 days) will result in program termination. Exceptions with proof include hospital stays, work schedule, school activities, and religious or social group activities.
All youth entering Bridge Housing will be tracked using the Homeless Management Information System (HMIS). The agency has used the HMIS system for over 15 years to collect and track data for emergency shelter, transitional housing, outreach services, and permanent housing. The Homeless Services Manager serves as Agency HMIS Administrator and can run reports needed to assess the validity of the projects HMIS data entries.
During the client’s intake, demographic and other required data is collected and recorded in the youth’s file and in HMIS. Sanctuary also utilizes statistical logs as a back source of data collection. During case management sessions, youth can express personal goals for housing and other needs and information is recorded in case management plans and notes and saved in the youths’ files.
Inputting of data must be in HMIS within 72 hours (about 3 days). The case manager has the initial responsibility for inputting entry and exit data, but the Homeless Services Manager can also help to meet that deadli ne. Additional information is inputted as needed.
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When youth exit, staff will ask exit questions to determine where the youth is going and if their needs are met. The case manager will follow up to determine if additional needs are met up to 30 days (about 4 and a half weeks) after exit.
HOUSING FIRST STRATEGY
Fresno EOC’s Sanctuary and Support Services understands that housing homeless clients is the most important aspect to helping end homelessness. Although clients will be assessed when entering the program, staff will only use that assessment when providing case management services to client s and not in determining if the client can benefit from shelter and bridge housing serv ices. The assessment will help determine supportive services, but Sanctu ary will make every effort to offer emergency shelter or bridge housing to youth wishing to end homelessness.
Clients have various ways of obtaining housing, whether it be through a housing program, diversion or family reunification. Those entering a housing program will benefit from case management, navigational and supportive services. After the client is matched to a housing program, the Youth Bridge Housing’s Case Manager will assist the youth and housing provider in helping the youth save money and look for appropriate housing options including renting a room or finding an apartment. Clients will be transported to various housing sites to determine if the situation is within the youth’s means and understanding. Staff will engage landlords in understanding the housing program benefits and provide communication contacts for the youth if a problem should arise.
Youth who are on the diversion track will ha ve case management services in searching for a suitable housing option. Staff will help the youth save money by advocating for the youth to save a percentage of their income.
Youth on the reunification track can have family communication and mediation with the case manager. That way, the case manager can determine if additional counseling services are needed.
All youth will be provided with additional resources to help with other needs such as food, furniture and toiletries, as available, when th e youth transition out of the program. Life Skills will be provided to youth so that they understand how to maintain a household and where to go if a problem arises such as a large PG&E bill. The Case Manager will assist and encourage clients to participate in em ployment and training services or help them make an appointment with social services for additional benefits. Increasing income will be strongly encouraged and identified in the client’s case plan.
PERFORMANCE MEASUREMENT
Fresno EOC proposes the following for Bridge Housing:
x 90% daily occupancy rate;
x 10% open bed availability rate;
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x At least 16 youth will be served annually;
x At least 14 youth will active ly participate in services; x At least 80% of youth will be connected to a safe exit; x At least 70% of youth will be connected to permanent housing; x At least 60% will stay in housing past six (6) months; x Youth will have 180 days (about 6 months) to exit safely and into housing; x At least 12 health and safety classes will be offered per year; x At least 90% of clients will partic ipate in health and safety classes;
Clients that enter Youth Bridge have up to six (6) months when enrolled in the program.
Due to youth having less rental history and income, many of the youth will require the entire six (6) months to move into permanent housing. Every effort will be made to exit clients earlier than six (6) months to be able to serve more clients.
Clients that enter Youth Diversion will have three months to enter permanent housing. If youth are already housed and need help with prevention, assistance will be more immediate; with continued case management to ensure the prevention services were successful.
Fresno EOC utilizes the Results-Oriented Ma nagement & Accountability (ROMA) cycle to drive continuous improvement throug h assessment, plann ing, implementation, outcome achievement, and evaluation. This includes the use of logic models to evaluate project success based on short term, interme diate, long-term outcomes, and overall project impact.
Overall project success will be assessed through four key components: Inputs (resources allocated to the project), Outputs (tangible products/services resulting from project activities, Outcomes (changes/benefits from project outputs), and Impact (goal of the project). A dedicated data analyst will monitor these outcomes and impacts using performance indicators established at the project's outset. Additionally, the team will continuously evaluate and adjust project activities as necessary to ensure effectiveness.
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SCHEDULE OF FEES AND EXPENSES
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EXHIBIT B
INSURANCE REQUIREMENTS
Service Agreement between City of Fresno (City)
and Fresno Economic Opportunities Commission (Service Provider) T Street Youth Bridge Housing
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, ind emnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall prov ide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as re quired by the State of California and Employer’s Liability Insurance.
4. Professional Liability including both (A buse & Molestation) Insurances that insures against liability arising out of the bodily inju ry, personal injury, including mental anguish, and third-party property damage occurring because of the wrongful or negligent acts attributable to the institution. The Abuse & Molestation coverage should protect against a wide range of potential claims, including but not limited to athletics, alcohol, assault, verbal and/or physical abuse, campus crime , sexual molestation and other sexual misconducts.
MINIMUM LIMITS OF INSURANCE
SERVICE PROVIDER, or any party the SERV ICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, em ployees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
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2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Abuse & Molestation):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SERVICE PROVIDER purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insu rance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER shall also be responsible for payment of any self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. Additional Insured status for all ongoing and completed operations under the General Liability policy shall be as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no specia l limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers.
3. For any claims relating to this Agre ement, SERVICE PROVIDER’S insurance coverage shall be primary insurance with re spect to the CITY, its officers, officials, employees, agents and volunteers. Any insur ance or self-insurance maintained by the CITY, its officers, officials, employees , agents and volunteers shall be excess of SERVICE PROVIDER’S insurance and shall not contribute with it. Primary and non - contributory status under the General Liability policy shall be as broad as that contained in ISO Form CG 20 01 04 13.
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4. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the av ailable limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
All policies of insurance shall contain, or be endorsed to contain, the following provision:
SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers.
All policies of insurance required herein shal l be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certifie d mail, return receipt requested, has been given to CITY. SERVICE PROVIDER is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewa l, or reduction in coverage or in limits, SERVICE PROVIDER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the ev ent any policy is due to expire during the work to be performed for CITY, SERVICE PROVIDER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
If the Professional Liability (Abuse & Molestation) insurance policy is written on a claims- made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by SERVICE PROVIDER.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the al ternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-rene wed, and not replaced with another claims- made policy form with a retroactive date prio r to the effective date of the Agreement or the commencement of work by SERVICE PROVIDER, SERVICE PROVIDER must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requiremen ts must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
SUBCONTRACTORS
If SERVICE PROVIDER subcontracts any or all of the services to be performed under this Agreement, SERVICE PROVIDER shall requ ire, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification an d insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SERVICE PROVIDER will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
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VERIFICATION OF COVERAGE
SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required her eunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon req uest of CITY, SERVICE PROVIDER shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Fresno Economic Opportunities Commission
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its agents?
2 Do you represent any firm, organization , or person who is in litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals, owners or investors in a busin ess which does business with the City of Fresno, or in a bus iness which is in litigation with the City of Fresno?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
Name
Company
Address
Additional page(s) attached.
City, State, Zip
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