City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01968 12/10/2024 Consent Item 18.
Department of Community Response: Community Outreach Services Agreements [Published for 10-day Review on 11/27/2024]
File ID: 2024-01968
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to:
1) execute an agreement with TLCS Inc. dba Hope Cooperative for Community Outreach Services in an amount not to exceed $1,345,210; and 2) execute an agreement with Step up on Second Street for Community Outreach Services in an amount not to exceed $1,187,589.
Contact: Brian Pedro, Director, (916) 808-7816, [email protected], Department of Community Response
Attachments:
1-Description/Analysis
2-Hope Cooperative Community Outreach Services Agreement 3-Step Up on Second Street Community Outreach Services Agreement Description/Analysis
Issue Detail: On July 23, 2024, Council approved the suspension of competitive bidding (Motion No. 2024-0219) for Community Outreach Services. On July 25, 2024, DCR’s Office of Community Outreach released a Request for Proposals (RFP) for Community Outreach Services (P2523001021003).
Community Outreach Services
Community Outreach has been an integral part of the Office of Community Outreach’s strategy towards addressing and connecting with individuals experiencing homelessness. Currently, outreach navigators respond in coordination with DCR staff to 311 calls related to individuals experiencing homelessness. TLCS Inc. dba Hope Cooperative (Hope Cooperative), DCR’s current outreach contractor, has responded to and closed nearly 5,147 calls to date, an average of 450 calls per month. Providing essential needs like water, food, clothing and transportation, Hope Cooperative has built strong relationships with those living unhoused in our community.
The panel for the Outreach Services RFP consisted of three panelists from the following City
File ID: 2024-01968 12/10/2024 Consent Item 18.
departments: Police, Youth, Parks, and Community Enrichment, and Fire. DCR’s Office of Community Outreach received 8 proposals, 2 of which were deemed unresponsive. Panelists were asked to rank proposals based upon criteria outlined in the RFP. Below is a condensed version of questions the panelists were asked to answer.
Qualifications Summary and Organization History (18 points) - Applicant’s qualifications in operating an outreach, street outreach, or engagement program geared towards providing services to those experiencing homelessness.
Capacity (20 points) - Does the applicant have a staffing plan, and is the proposed staff/client ratio appropriate?
Service Approach (24 points) - Are the services client centered, and trauma informed, integrating harm reduction practices? Is case management provided, and does it facilitate a connection to mainstream and community based services? Does the applicant provide an understanding they will be required to work with partner agencies, including law enforcement? Outcomes and Impact (18 points) - Is there an effort to engage the community, and is the applicant familiar with the various needs throughout the City? Budget and Budget Justification (20 points) - Is the budget appropriate given the amount of people served, and does the budget justification adequately support the request for funding? LBE Preference Points (5 points) - Did the applicant qualify for the City’s LBE program? Considering responses to the questions above, the panel selected two providers, Hope Cooperative and Step up on Second Street (Step Up). Hope Cooperative and Step up teams will work hand in hand with DCR staff to provide support to individuals experiencing homelessness in each Council District. While Step Up does not currently provide outreach in the City, they have extensive experience in providing outreach and long-term case management to those unhoused in Southern California. Step Up has demonstrated successful outcomes in outreach, housing navigation, and service integration.
Hope Cooperative will continue to respond to 311 calls Monday - Friday, providing street outreach and building trust with those in encampments through supportive items and linkages to community- based services. Step Up will partner with DCR and Hope Cooperative by further providing repeated, long-term outreach and engagement. Step Up will be expected to respond to encampments in which the unhoused community members require a longer-term outreach approach to move from encampments and into shelter. As a ‘one size fits all’ approach to those experiencing homelessness is ineffective, the program’s goal is to leverage Hope Cooperative and Step Up to work in a supportive capacity, utilizing their skills to best serve those in our community.
File ID: 2024-01968 12/10/2024 Consent Item 18.
Policy Considerations: Sacramento City Code 3.04.020 requires Council approval to enter into agreements that exceed $250,000.
The Sacramento City Code Section 4.04.020 and Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a 2/3 vote of the City Council, all labor agreements, and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to council action. This item was published for 10-Day review on November 27, 2024, in compliance with City Code.
Economic Impacts: None.
Environmental Considerations: This report concerns administrative activities that will not have a significant effect on the environment and does not constitute a “project” as defined by the CEQA [CEQA Sections 15061(b)(3) and 15378(b)(2)].
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Services provided under this agreement address the ongoing need for supportive services for individuals experiencing homelessness in the City.
Financial Considerations: Sufficient funding is available in the Community Response MYOP (I23000100) (Measure U Fund, Fund 2401) and ERF 4-L Operating Grant (G23000200) (Operating Grants, Fund 2702) to execute an agreement with TLCS, Inc. dba Hope Cooperative in the amount of $1,345,210 for the Community Outreach Services agreement.
Sufficient funding is available in the Community Response MYOP (I23000100) (Measure U Fund, Fund 2401) to execute an agreement with Step Up on Second Street in the amount of $1,187,589 for the Community Outreach Services agreement. At this time, the City is waiting to receive the fifth round of Homeless Housing, Assistance and Prevention (HHAP-5) grant funding from the State. The State has confirmed that the City will be awarded $27,053,241, but the HHAP-5 Standard Agreement has not been executed yet. Once received, DCR intends to obligate $500,000 of HHAP-5 funds in place of Measure U funds to the Step up on Second Street agreement.
Local Business Enterprise (LBE): Hope Cooperative and Step up on Second meet Local Business Enterprise program requirements.
CONTRACT
ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.
General Information (Required)
Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________ Assessor’s Parcel Number(s): ________________________________________________________________ Contract Effective Date: _________ Contract Expiration Date (if applicable): _________ $ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________ Other Party: ______________________________________________________________________________ Project Title: _____________________________________________________________________________ Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________ City Council Approval: if YES, Council File ID#: __________ Contract Processing Contacts
Department: ______________________________
Contract Coordinator: _______________________
Project Manager: ___________________________
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Department Review and Routing
(Signature) (Date)
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Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) _______________________________________________________________________________________ ------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ &&5HY
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01/01/2025 12/31/2025
$ 1,187,589.00
Step Up on Second Street
Community Outreach Services
I23000100 P2523001021003
2024-01968
Richele Polezhako
Hang Tran [email protected]
YES
City Manager
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #:
CONTRACT NAME: Community Outreach Services
CONTRACT PROJECT #: I23000100
DEPARTMENT: Department of Community Response
DIVISION: Office of Community Outreach
CITY OF SACRAMENTO
NONPROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and
Step Up on Second Street
1328 Second Street
Santa Monica, CA 90401
310-349-6889 ext. 1626
[email protected]
(“Contractor”), as of the Effective Date, as defined below.
The City and Contractor agree as follows:
1. Effective Date. This Contract shall be effective beginning January 1, 2025.
2. Contract Documents. Th is Contract includes each of the following documents, which are attached or incorporated by this reference (referred to collectively as the “Contract Documents”):
Invitation to Bid, Request for Qualifications, or Request for Proposals, and any Addenda Exhibit A – Scope of Work
Exhibit B – Payment
Exhibit C – Insurance
Exhibit D – General Conditions
Purchase Orders
If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control.
3. Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the non-professional services described in Exhibit A (“Services”).
Contractor will not be compensated for non-professional services outside the scope of Exhibit A (“Additional Services”) unless , before providing Additional Services : (a) C ontractor notifies City and City agrees that the Additional Services are outside the scope of Exhibit A; (b) C ontractor estimates the additional compensation required for these Additional Services; and (c) City, after Form Approved by City Attorney 9-1-2020 Page 2
notice, approves in writing a Supplemental Contract specifying the A dditional Services and the amount of additional compensation to be paid Contractor.
City will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.
4. Payment. C ity shall pay C ontractor at the times and in the manner set forth in Exhibit B.
Contractor shall submit all invoices to City in the manner specified in Exhibit B.
5. Facilities and Equipment. Except as set forth below, Contractor shall, at its sole cost and expense, furnish all facilities and equipment required for C ontractor to perform this Contract . City shall furnish to Contractor only the facilities and equipment listed below, if any.
6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C.
7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D.
8. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
9. Living Wage. This Contract may be subject to Sacramento City Code chapter 3.58, Living Wage.
A summary of the requirements, entitled "Living Wage Requirements", can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Living Wage Ordinance is applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.58. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.58 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.58.
Contractor's violation of Sacramento City Code chapter 3.58 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
In addition, for Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both prevailing wage and living wage requirements apply, Contractor shall pay the higher of the two rates.
10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process . A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62.
Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") are applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at:
https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.
Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60.
Form Approved by City Attorney 9-1-2020 Page 4
Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.
12. Authority. The person signing this Contract for Contractor represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the Contractor and to bind the Contractor to the performance of the Contract’s obligations.
[Signatures Page Following Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1
EXHIBIT A
SCOPE OF SERVICES
1. Representatives.
The CITY Representative for this Agreement is:
Brian Pedro, Director
Department of Community Response
1000 I Street, Suite 120
Sacramento, CA 95814
[email protected]
The CONTRACTOR Representative for this Agreement is:
Ivan Garcia, Director of Housing Services
Step Up on Second Street
1328 Second Street
Santa Monica, CA 90401
323-380-7590 ext. 1331
[email protected]
Unless otherwise provided in this Contract, a ll Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative.
2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A.
3. Time of Performance. The Services described in this Contract shall be provided for one year.
The City may extend this Contract for additional terms, not to exceed a total term, including extensions and renewals of five years. Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to perform Services in compliance with this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1
EXHIBIT B
PAYMENT
1. Contractor’s Compensation. The total of all fees paid to the Contractor for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 1,187,589.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract.
2. Pricing. Contractor shall be paid as set forth in Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.
3. Contractor’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of Contractor for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City.
4. Miscellaneous Charges. No additional charges will be allowed unless specified in the Contract, including charges for transportation, fuel, containers, packing, or disposal.
5. Payments to Contractor. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction.
A. Payment terms are NET 30 days, unless the Contractor offers a prompt payment discount that was accepted by the City or as otherwise stated in this Contract. Any prompt payment discounts will be computed from the date of acceptance by the City, or from the date an invoice is received, whichever occurs later.
B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to:
[email protected]
(2) Postal Mail. If emailing is not an option, mail to:
A/P Processing Center
City of Sacramento
915 I Street, Floor 4
Sacramento, CA 95814-2608
C. All invoices submitted by CONTRACTOR must contain the following information:
(1) Job/Project Name
(2) CITY’s current Purchase Order Number
(3) Contractor’s Invoice Number
(4) Date of Invoice Issuance
(5) Work Order Number (if applicable)
(6) CITY representative identified on the Purchase Order (7) Contractor’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Itemized description of items billed under Invoice
(9) Itemized description of all authorized Reimbursable Expenses (10) Itemized description of all applicable taxes (sales, use, excise, etc.) (11) Amount of Invoice (itemize all authorized Reimbursable Expenses) (12) Total Billed to Date under Contract (if applicable)
D. Items must be separated into Goods, Services, and Reimbursable Expenses. All applicable sales, use, excise, or similar taxes, including federal excise tax, must be itemized separately on the invoice. Invoices that do not conform to the format outlined above will be returned to Contractor for correction. City is not responsible for delays in payment to Contractor resulting from C ontractor’s failure to comply with the invoice format described above.
E. For Goods only, a bill of lading number and weight of shipment will be shown for shipments on the Government Bill of Lading.
F. Unless otherwise specified in this Contract, partial payments will not be made by the City and payment will not be due until the completion of the Goods order. No payment precludes the City’s right to inspect. Requests for payment status should be addressed to the City Representative for this Contract.
6. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services.
7. Accounting Records of Contractor. During performance of this Contract and for a period of three years after completion of performance, C ontractor shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the City upon reasonable written notice.
8. Tax Payments. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. Contractor hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of C ontractor’s breach of this section.
9. Public Works Requirements. [To be completed by the City Representative:]
The services provided under this Contract include [check one if applicable]:
________ Construction work in an amount exceeding $25,000;
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 3 ________ Land Surveying, material testing, or inspection services provided for a City construction project during the design, pre -construction, construction, or post-construction phases of the project; or
________ Alteration, demolition, repair, or maintenance work in an amount exceeding $15,000.
If any of the lines is checked above, this Contract includes “Public Work” under the California Labor Code and is subject to the following requirements:
A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that Contractor and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. Contractor and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the C ontractor and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract.
This Agreement is subject to compliance monitoring and enforcement by the DIR , as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative.
B. DIR Registration: California Labor Code Section 1725.5 requires the Contractor and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for P ublic Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5.
Further information can be found on DIR’s website at http://www.dir.ca.gov/Public - Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the C ontractor’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The C ontractor shall disseminate these provisions to all subcontractors.
Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR registration number(s). The Contractor’s current DIR registration number and the
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 4 current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.
C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performan ce under this Contract.
D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.
E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.
F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract.
G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub- agreement for any subcontractors performing work under this Contract.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1
EXHIBIT C
INSURANCE
1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors.
3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.
The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
___ No automobile liability insurance is required , and by signing this Contract, C ontractor certifies as follows:
“Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one mill ion dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non - owned and/or hired autos as appropriate to the operations of the Contractor.”
4. Excess Insurance . The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it.
5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.)
_X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City.
___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required.
___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows:
“Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.”
6. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions:
A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it.
B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers.
C. Coverage shall state that Contractor's insurance applies separately to each insured
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3 against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms.
7. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract.
8. Verification of Coverage.
A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand.
B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
C. Certificate Holder must be listed as:
City of Sacramento
c/o Exigis LLC
PO Box 947
Murrieta, CA 92564
D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
9. Subcontractor Insurance Coverage . Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor.
A. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither C ontractor nor Contractor’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Contract, and C ontractor will be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of C ontractor’s employees or by any third party, including any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract.
B. It is further understood and agreed by the parties that Contractor, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by C ontractor for accomplishing the results. To the extent that C ontractor obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the Contractor’s sole discretion based on the C ontractor’s determination that the use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that Contractor use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing.
C. If, in the performance of this Contract, any third persons are employed by C ontractor, such persons will be entirely and exclusively under the direction, supervision, and control of Contractor. Except as otherwise provided in this Contrac t, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by C ontractor.
It is further understood and agreed that C ontractor will issue W -2 or 1099 Forms for income and employment tax purposes for all C ontractor’s assigned personnel and subcontractors.
D. The provisions of this s ection will survive any expiration or termination of this Contract.
Nothing in this Contract creates an exclusive relationship between CITY and C ontractor.
Contractor may represent, perform services for, or be employed by any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2
2. Licenses; Permits, Etc. C ontractor represents and warrants that C ontractor has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for C ontractor to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State.
3. Time. Time is off the essence in the performance of this Contract. C ontractor shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. Contractor Not Agent. Except as C ity may specify in writing, C ontractor and Contractor’s personnel have no authority, express or implied, to act on behalf of C ity in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
5. Conflicts of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the City’s interests or that would in any way hinder C ontractor’s performance under this Contract .
Contractor further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent.
Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If Contractor is or employs a former officer or employee of the City, Contractor and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any City department, board, commission, or committee.
6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances.
7. Confidentiality of City Information. During performance of this Contract, Contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the City.
Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor shall not at any time, either directly or indirectly, divulge, disclose or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the City’s prior written consent.
In addition, Contractor must comply with all City policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by C ontractor of this s ection is a material violation of this Contract and shall justify legal and equitable relief.
8. Contractor Information.
A. City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by C ontractor under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every othe r means of recording any fo rm of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
B. Contractor shall fully defend, indemnify and hold harmless C ity, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by C ontractor under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify C ontractor not later than ten days after C ity is served with any such claim, action, lawsuit or other proceeding . However, City’s failure to provide notice within the ten-day period does not relieve Contractor of its obligations hereunder, which survive any termination or expiration of this Contract.
C. All proprietary and other information received from Contractor by City, whether received in connection with C ontractor’s proposal to C ity or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to C ity, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information.
D. The parties understand and agree that any failure by Contractor to respond to the notice provided by C ity and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by Contractor of any rights regarding the information designated “trade secret” by C ontractor, and the information will be disclosed by City in accordance with the Public Records Act.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4
9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract.
10. Standard of Performance. C ontractor shall perform in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California and in compliance with all requirements of this Contract. All products that C ontractor delivers to City under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in C ontractor’s profession.
Contractor shall assign only competent personnel to perform on its behalf under this Contract.
Contractor must notify the City in writing of any changes in Contractor’s staff assigned to perform under this Contract, before any performance by the new staff member . I f the City, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. Contractor shall immediately remove the assigned person upon receipt of the notice.
11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract.
12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption
13. Term; Suspension; Termination.
A. This Contract is effective on the Effective D ate and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
B. City shall have the right at any time to suspend C ontractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to C ontractor. Upon receipt of
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 such notice, Contractor shall immediately suspend its activities under this Contract , as specified in the notice.
C. The City shall have the right to terminate this Contract at any time by giving a written notice of termination to C ontractor. Upon receipt of such notice , Contractor shall immediately cease performance under this Contract as specified in the notice. If the City terminates this Contract:
(1) Contractor shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City.
(2) The City shall pay Contractor the reasonable value of Goods or Services provided by Contractor before termination; provided, however, City shall not in any manner be liable for lost profits that might have been made by C ontractor had the Contract not been terminated or had Contractor completed performance required by this Contract. C ontractor shall furnish to the City any financial information requested by the City to determine the reasonable value of the Goods or Services provided by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.
14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made.
15. Guarantee and Warranty. Contractor assumes design responsibility and warrants the articles to be free from design defect and suitable for the purposes intended by City. If it is determined by the City that the Goods and Services do not meet the minimum requirements of this Contract, the Contractor shall correct the same at Contractor's sole expense.
A. The Contractor agrees that the Goods and Services furnished under this Contract will be covered by the industry standard or better warranty.
B. Contractor further warrants that the Goods and Services furnished under this Contract will be covered by the most favorable commercial warranties the Contractor gives to any customer for the Goods and Services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the City at law or equity, or by any other clause of this Contract.
C. Any additional warranties provided by law, including the warranty of merchantability and warranty of fitness for a particular purpose will remain in full force and effect and inure to the City's benefit. City reserves all rights and remedies provided by law for breach of any applicable warranty related to the Goods and Services.
D. City's inspections, approval, acceptance, or payment for all or part of any Goods and
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 Services will in no way affect City's warranty rights.
16. Indemnity.
A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor.
B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of section 8.B., above.
C. Survival. The provisions of this s ection will survive any expiration or termination of this Contract.
17. Funding Availability.
A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
18. Equal Employment Opportunity. During the performance of this Contrac t, Contractor, for itself,
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 its assignees and successors in interest, agrees as follows:
A. Compliance With Regulations: Contractor shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.”
B. Nondiscrimination: Contractor, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. C ontractor shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by Contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by C ontractor of Contractor’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.
D. Information and Reports: Contractor shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the C ity to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor shall so certify to the City, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of noncompliance by C ontractor with the nondiscrimination provisions of this Contract, the City shall impose any sanctions it determines are appropriate including:
(1) Withholding of payments to C ontractor under this Contract until Contractor complies;
(2) Cancellation, termination, or suspension of this Contract, in whole or in part.
F. Incorporation of Provisions: Contractor shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct Contractor to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, C ontractor may request that the C ity join such litigation to protect the City’s interests.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
19. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by C ontractor, and by City, in accordance with applicable provisions of the Sacramento City Code.
20. Modification of Contract . The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A , or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract.
21. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
22. Waiver. Neither the City’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, wi ll be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party.
23. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California , except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
24. Assignment Prohibited. The expertise and experience of Contractor are material considerations for this Contract. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, C ontractor shall not assign any right or obligation pursuant to this Contract without the written consent of the C ity. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
25. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 24, above.
26. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9
27. Debarment Certification
A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or ac tivities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a p osition with management responsibility or responsibility for the administration of federal funds:
(1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency;
(2) Has not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;
(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or
(4) Has not, within a three -year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.
(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations.
B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City.
C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action.
D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the Ci ty if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erron eous, the City may terminate this Agreement for default.
GOODS and NPSA Signature Page – Approved by CAO 11-1-2019 Executed as of the day and year first above stated.
CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name: Mario Lara
Title: Assistant City Manager ____________
For: Howard Chan, City Manager
ATTEST:
______
City Clerk
APPROVED AS TO FORM:
______
City Attorney
Attachments
Exhibit A Technical Specifications
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
GOODS and NPSA Signature Page – Approved by CAO 11-1-2019 CONTRACTOR:
Step Up on Second Street_______________
NAME OF FIRM
954109386_________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Sacramento Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_x___ Other (please specify: __501c3__)
______________________________________
Signature of Authorized Person
Tod Lipka, President & CEO____________________
Print Name and Title
______________________________________
Additional Signature (if required)
______________________________________
Print Name and Title
Atachment 1 to Exhibit A
Case Carrying Outreach Services Program
Scope of Services
In an effort to beter serve persons experiencing homelessness in the City of Sacramento, the Department of Community Response (DCR) shall award Step Up on Second Street (Step Up), a California Corpora�on, $1,187,589 to operate the Case Carrying Outreach Services Program beginning January 1, 2025 through December 31, 2025.
In coordina�on with DCR staff, Step Up shall provide ongoing and focused outreach to iden�fied individuals encountered during street outreach and referred from DCR and contracted staff. This outreach may occur in an encampment se�ng, in an emergency shelter, or in interim/transi�onal/permanent housing.
The goal of the Case Carrying Outreach Services Program is to maintain engagement with clients over �me and provide long term support during the transi�on from encampments to interim shelters and eventually into housing.
1. Program Deliverables
Step Up shall comply with the following program deliverables:
A. Hiring, training and onboarding the following staff posi�ons:
# of FTE Position
Executive Oversight
1 Program Manager
10 Outreach Case Navigators
1 Service Coordinator Lead
Teams will be divided into 5 zones throughout the City of Sacramento and shall be deployed with 2 Outreach Navigators, per zone, Monday – Friday.
B. All staff shall par�cipate in regularly scheduled mee�ngs with all other personnel assigned to the zone that they work in. All staff shall atend quarterly in-person mee�ngs.
C. Management shall par�cipate in regularly scheduled planning and coordina�on mee�ngs with DCR Program Management and management from other contracted partner agencies.
D. Commit to u�lizing the Homeless Management Informa�on System (HMIS), including upda�ng profiles, loca�on, and contact informa�on, as well as comple�ng Housing Conversa�on Tool, developing Individualized Support Plans, repor�ng service provision, and any other HMIS tasks determined to be appropriate by DCR Program Management.
E. Tracking, monitoring and engaging with all individuals referred to the program by the Department of Community Response or other contracted partners as iden�fied.
F. Agree to an open informa�on exchange between Step Up, DCR and other contracted partners to best assist persons in obtaining services and engaging with local resources.
G. Encouraging the proper storage of personal belongings and the proper disposal of trash, as well as promo�ng general awareness of and compliance with relevant state and local codes and regula�ons relevant to community members experiencing homelessness.
H. Building trust with unhoused individuals through their transi�on from encampment to interim shelter by providing client centered services, including linkages to essen�al services like mainstream benefits, care coordina�on, and vital documents. This includes providing linkages to housing interven�on services and financial assistance through rental applica�on fees, general housing assistance, reunifica�on assistance, and hotel/motel vouchers.
I. Facilita�ng referrals to other community-based supports and appropriate social services.
J. Ensuring a warm handoff between street outreach and DCR staff or a contracted case management partner into interim shelter and beyond.
K. When applicable, encouraging entry into available emergency shelter beds.
L. Deescala�ng individuals in mental health crises using evidence-based prac�ces. This includes providing monthly staff trainings to ensure staff are trauma informed, culturally competent and engaged in harm reduc�on prac�ces.
M. Staff shall be provided with appropriate technological equipment, including cell phones with internet connec�vity, and laptops/tablets with mobile internet connec�vity.
N. Staff will be expected to drive to meet with clients. Staff will be reimbursed for costs such as parking and mileage.
O. Any concerns rela�ve to the Program shall be directed to the Department of Community Response.
The City agrees to provide the necessary staff with office space at 3900 Roseville Road., Sacramento, CA 95660.
2. Repor�ng Requirements
All individuals engaged shall be entered into and updated in the Homeless Management Informa�on System (HMIS). Step Up shall follow HMIS guidelines regarding system informa�on entry.
Step Up will be expected to report on the number of individuals successfully transi�oned into interim shelter and/or permanent housing on a monthly basis.
Step Up will be expected to provide transparency to DCR management to review and monitor assigned case loads for each staff member.
Step Up will meet with DCR staff and other contracted partners on a weekly basis and maintain communica�on as o�en as necessary for Program success.
3. Monitoring
Step Up shall permit the City to conduct at least one desk audit during the one-year term, and a monitoring visit at a minimum once per month. During the desk audit and/or onsite monitoring visit, the City shall request to see documenta�on corrobora�ng expenses claimed including but not limited to �mesheets, payroll summaries, travel mileage reports, and receipts.
Atachment 1 to Exhibit B
Budget
Payment Method
The City will issue reimbursement for expenses on a monthly basis. As part of the reimbursement package, Step Up must submit an invoice summarizing all staff �me and expenses charged to the program as well as a financial report, no later than the 15th of each month.
Step Up
Case Carrying Outreach Services
One Year Budget
Personnel
Executive Oversight $ 70,000.00 1 Program Manager $ 80,000.00
1 Service Coordinator Lead $ 68,000.00 10 Outreach Case Managers $ 530,000.00 Benefits $ 209,300.00
Subtotal $ 957,300.00
Operations
Motel/Hotel/ Deposits $ 15,000.00
Transportation
(Bus tickets, Uber, etc.) $ 3,500.00
General Costs
(Client needs; clothing, hygiene,
life documents, snacks)
$ 50,000.00
IT $ 12,000.00
Office Supplies $ 3,400.00
Training
(trauma informed care, harm
reduction, case management, etc.)
$ 3,000.00
Telephone/ Internet $ 7,600.00
Travel
(staff mileage reimbursement,
vehicle usage)
$ 17,500.00
Recruiting $ 600.00
Subtotal $ 112,600.00
Indirects (11%) $ 117,689.00
TOTAL $ 1,187,589.00