of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
CITY OF SANTA ROSA
PROFESSIONAL SERVICES AGREEMENT
WITH FOCUS STRATEGIES
AGREEMENT NUMBER _________
This "Agreement" is made as of this ____day of_______________, 2022, by and between the City of Santa Rosa, a municipal corporation ("City"), and FOCUS STRATEGIES ("Consultant").
R E C I T A L S
A. City des
ires to prepare a five-year Homelessness Solutions Strategic Plan (Plan) and step-by-step action plan to address homelessness in the community. The intent of the Plan is to identify existing resources and gaps, develop clear and concise goals that are measurable and actionable, and implement strategies to effectively maximize impact targeted at reducing or eliminating homelessness in Santa Rosa.
B. City des
ires to retain a qualified firm to conduct the services described above in accordance with the Scope of Services as more particularly set forth in Exhibit A to the Agreement.
C. Cons
ultant represents to City that it is a firm composed of highly trained professionals and is fully qualified to conduct the services described above and render advice to City in connection with said services.
D. The part
ies have negotiated upon the terms pursuant to which Consultant will provide such services and have reduced such terms to writing.
AG
REEMENT
NOW
, THEREFORE, City and Consultant agree as follows:
1. SCO
PE OF SERVICES
Cons
ultant shall provide to City the services described in Exhibit A (" Scope of Services"). Consultant shall provide these services at the time, place, and in the manner specified in Exhibit A. Exhibit A is attached hereto for the purpose of defining the manner and scope of services to be provided by Consultant and is not intended to, and shall not be construed so as to, modify or expand the terms, conditions or provisions contained in this Agreement. In the event of any conflict between this Agreement and any terms or conditions of any document prepared or provided by Consultant and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefor, the terms of this Agreement shall control and prevail.
2. COM
PENSATION
Exhibit A
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age 2 of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
A. City shall pay Consultant for servic es rendered pursuant to this Agreement at the rates, times and in the manner set forth in Exhibit B. Consultant shall submit monthly statements to City which shall itemize the services performed as of the date of the statement and set forth a progress report, including work accomplished during the period, and planned effort for the next period. Invoices s hall identify personnel who have worked on the serv ices provided, the number of hours each worked during the period covered by the invoice, the hourly rate for each person, consistent with the rates and amounts shown in Exhibit B.
B. The payments prescribed herein shall constitute all compens ation to Consultant for all costs of services, including, but not limited to, direct costs of labor of employees engaged by Consultant, travel expenses, telephone charges, copying and reproduction, computer time, and any and all other costs, expenses and charges of Consultant, its agents and employees. In no event shall City be obligated to pay late fees or interest, whether or not such requirements are contained in Consultant’s invoice.
C. Notwithstanding any other provision in this Agreement to the contrary, the total maximum compensation to be paid for the satisfactory accomplishment and completion of all services to be performed hereunder shall in no event exceed the sum of One Hundred Thousand Dollars and no cents ($100,000). The City’s Chief Financial Officer is authorized to pay all proper claims from Charge Number 370707.
3. DOCUMENTATION; RETENTION OF MATERIALS
D. Consultant shall maintain adequate documentation to substantiate all charges as required under Section 2 of this Agreement.
E. Consultant shall keep and maintain full and complete documentation and accounting records concerning all extra or special services performed by it that are compensable by other than an hourly or flat rate and shall make such documents and records available to authorized representatives of City for inspection at any reasonable time.
F. Consultant shall maintain the records and any other records related to the performance of this Agreement and shall allow City access to such records during the performance of this Agreement and for a period of four (4) years after completion of all services hereunder.
4. INDEMNITY
G. Consultant shall, to the fullest ex tent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") from all claims, demands, costs or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert witness fees), that arise out of, pertain to, or relate to the negligence, recklessness , or willful mis conduct of Consultant, its officers, employees, or agents, in said performance of professional services under this Agreement, excepting only liability arising from the sole negligence, active negligence or intentional misconduct of City.
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age 3 of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
B. The existence or acceptance by City of any of the insurance policies or coverages described i
n this Agreement shall not affect or limit any of City’s rights under this Section 4, nor shall the limits of such insurance limit the liability of Consultant hereunder. This Section 4 shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 1 7(b), below. The provisions of this Section 4 shall survive any expiration or termination of this Agreement.
5. I
NSURANCE
A. C
onsultant shall maintain in full force and effect all of the insurance coverage described in, and in accordance with, Attachment One, "Insurance Requirements." Maintenance of the insurance coverage set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by Consultant in exchange for City’s agreement to make the payments prescribed hereunder. Failure by Consultant to (i) maintain or renew coverage, (ii) provide City notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by City as a material breach of this Agreement by Consultant, whereupon City shall be entitled to all rights and remedies at law or in equity, including but not limited to immediate termination of this Agreement.
Notwithstanding the foregoing, any failure by Consultant to maintain required insuranc e
c
overage shall not excuse or alleviate Consultant from any of its other duties or obligations under this Agreement. In the event Consultant, with approval of City pursuant to Section 6 bel
ow, retains or utilizes any subcontractors or subconsultants in the provision of any services to City under this Agreement, Consultant shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverages set forth in the Insuranc e R
equirements in Attachment One.
B. C
onsultant agrees that any available insurance proceeds broader than or in excess of the coverages set forth in the Insurance Requirements in Attachment One shall be available to the additional insureds identified therein.
C. C
onsultant agrees that the insurance coverages and limits provided under this Agreement are the greater of: (i) the coverages and limits specified in Attachment One, or (ii) the broader coverages and maximum limits of coverage of any insurance policy or proceeds available t o t
he name insureds.
6. A
SSIGNMENT
C
onsultant shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City, in City’s sole and absolute discretion. Consultant agrees that the City shall have the right to approve any and all subcontractors and subconsultants to be used by Consultant in the performance of this Agreement before Consultant contracts with or otherwise engages any such subcontractors or subconsultants.
7. NO
TICES
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age 4 of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
Except as otherwise provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party, shall be in writing and may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first -class postage, and addressed as indicated below, and depositing in the United States mail to:
City Representative:
Kelli Kuykendall, Homeless
Services Manager
100 Santa Rosa Avenue
Santa Rosa, CA 95404
(707) 543-3315
Consultant Representative:
Megan Kurteff Schatz
340 S. Lemon Avenue
#1815 Walnut, CA 91789
916-692-9059
8. I
NDEPENDENT CONTRACTOR
A. I
t is understood and agreed that Consultant (including Consultant’s employees) is an independent contractor and that no relationship of employer- employee exists between the parties hereto for any purpose whatsoever. Neither Consultant nor Consultant ’s assigned per
sonnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Consultant under the provisions of this Agreement, and Consultant shall be issued a Form 1099 for its services hereunder. As an independent contractor, Consultant 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 Consultant’s employees or by any third party, including but not limited to any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the natur e
and/
or performance of any services under this Agreement.
B. I
t is further understood and agreed by the parties hereto that Consultant, in the performance of Consultant’s obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished under this Agreement, but not as to the means, methods, or sequence used by Consultant for accomplishing such results. To the extent that Consultant obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Consultant’s sole discretion based on the Consultant’s determination that such use will promote Consultant’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Consultant use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
C. I
f, in the performance of this Agreement, any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, P
age 5 of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
or any other terms of employment or requirements of law, shall be determined by Consultant.
It is further understood and agreed that Consultant shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Consultant’s assigned personnel and subcontractors.
The pr
ovisions of this Section 8 shall survive any expiration or termination of this Agreement.
Nothing in this Agreement shall be construed to create an exclusive relationship between City and Consultant. Consultant may represent, perform services for, or be employed by such additional persons or companies as Consultant sees fit.
9. A
DDITIONAL SERVICES
C
hanges to the Scope of Services shall be by written amendment to this Agreement and shall be paid on an hourly basis at the rates set forth in Exhibit B, or paid as otherwise agreed upon by the parties in writing prior to the provision of any such additional services.
10. S
UCCESSORS AND ASSIGNS
Cit
y and Consultant each binds itself, its partners, successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of such other party in respect of all promises and agreements contained herein.
11. T
ERM, SUSPENSION, TERMINATION
A. Thi
s Agreement shall become effective on the date that it is made, set forth on the first page of the Agreement, and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.
B. C
ity shall have the right at any time to temporarily suspend Consultant’s performance hereunder, in whole or in part, by giving a written notice of suspension to Consultant. If City gives such notice of
suspension, Consultant shall immediately suspend its activities under this Agreement, as specified in such notice.
C. C
ity shall have the right to terminate this Agreement for convenience at any time by giving a written notice of termination to Consultant. Upon such termination, Consultant shall submit to City an itemized statement of services performed as of the date of termination in accordance with Section 2 of this Agreement. These services may include both completed work and work in progress at the time of termination. City shall pay Consultant for any services for whic h
c
ompensation is owed; provided, however, City shall not in any manner be liable for lost profits that might have been made by Consultant had the Agreement not been terminated or had Consultant completed the services required by this Agreement. Consultant shall promptly deliver to City all documents related to the performance of this Agreement in its possession or control.
All such documents shall be the property of City without additional compensation to Consultant.
12. T
IME OF PERFORMANCE
The
services described herein shall be provided during the period, or in accordance with P
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Professional Services Agreement
Form approved by the City Attorney 8-1-15
the schedule, set forth in Exhibit A. Consultant shall complete all the required services and tasks and complete and tender all deliverables to the reasonable satisfaction of City, not later than June 30, 2020.
13. S
TANDARD OF PERFORMANCE
C
onsultant shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Consultant’s profession in California. All products of whatsoever nature that Consultant delivers to City shall be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Consultant’s profession, and shall be provided in accordance with any schedule of performance. Consultant shall assign only competent personnel to perform services under this Agreement. Consultant shall notify City in writing of any changes in Consultant’s staff assigned to perform the services under this Agreement prior to any such performance. In the event that City, at any time, desires the removal of any person assigned by Consultant to perform services under this Agreement, because City, in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Consultant shall remove such person immediately upon receiving notice from City of the desire of City for the removal of such person.
14. C
ONFLICTS OF INTEREST
C
onsultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of City. Consultant agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
15. CO
NFLICT OF INTEREST REQUIREMENTS
A. G
enerally. The City’s Conflict of Interest Code requires that individuals who qualify as "consultants" under the Political Reform Act, California Government Code sections 87200 et seq., c
omply with the conflict of interest provisions of the Political Reform Act and the City’s Conflict of Interest Code, which generally prohibit individuals from making or participating in the making of decisions that will have a material financial effect on their economic interests. The term "consultant" generally includes individuals who make governmental decisions or who serve in a staff capacity.
B. C
onflict of Interest Statements . The individual(s) who will provide services or perform work pursuant to this Agreement are "consultants" within the meaning of the Political Reform Act and the City’s Conflict of Interest Code:
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age 7 of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
___ yes ____ no
I
f "yes" is checked by the City, Consultant shall cause the following to occur within 30 days after execution of this Agreement:
(
1) Identify the individuals who will provide services or perform work under this Agreement as "consultants"; and
(
2) Cause these individuals to file with the City Clerk the assumin g office statements of economic interests required by the City’s Conflict of Interest Code.
Ther
eafter, throughout the term of the Agreement, Consultant shall cause these individuals to file with the City Clerk annual statements of economic interests, and "leaving office" statements of economic interests, as required by the City’s Conflict of Interest Code.
The
above statements of economic interests are public records subject to public disclosure under the California Public Records Act. The City may withhold all or a portion of any payment due under this Agreement until all required statements are filed.
16. CO
NFIDENTIALITY OF CITY INFORMATION
D
uring performance of this Agreement, Consultant 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. Consultant agrees to protect all City Information and treat it as strictly confidential, and further agrees that Consultant shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of City. In addition, Consultant shall comply with all City policies governing the use of the City network and technology systems. A violation by Consultant of this Section 16 shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
17. CO
NSULTANT INFORMATION
A. C
ity shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Consultant pursuant to this Agreement. In this Agreement, the term "information" shall be construed to mean and include: 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 other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.
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age 8 of 10
Professional Services Agreement
Form approved by the City Attorney 8-1-15
B. Consultant shall fully defend, indemnify and hold harmless City, its officers and employees, and each and every one 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 Consultant pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Consultant not later than ten (10) days after City is served with any such claim, action, lawsuit or other proceeding, provided that City’s failure to provide such notice within such time period shall not relieve Consultant of its obligations hereunder, which shall survive any termination or expiration of this Agreement.
C. A
ll proprietary and other information received from Consultant by City, whether received in connection with Consultant’s proposal, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; provided, however, that, if any information is set apart and clearly marked "trade secret " when it is provided to City, City shall give notice to Consultant of any request for the disclosure of such information. Consultant shall then have five (5)
day
s from the date it receives such notice to enter into an agreement with the City, satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorneys’ fees) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. Consultant shall have sole responsibility for defense of the actual "trade secret " designation of such information.
D. The par
ties understand and agree that any failure by Consultant to respond to the notice provided by
City and/or to enter into an agreement with City, in accordance with the provisions of subsection c, above, shall constitute a complete waiver by Consultant of any rights regarding the information designated "trade secret" by Consultant, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.
18. M
ISCELLANEOUS
A. E
ntire Agreement. This Agreement contains the entire agreement between the parties. Any and all verbal or written agreements made prior to the date of this Agreement are superseded by this Agreement and shall have no further effect.
B. M
odification. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by an authorized representative of that party.
C. C
ompliance with Laws. Consultant shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any
regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1720, et s
eq., which require prevailing wages (in accordance with DIR determinations at www.dir.ca.gov) be
paid to any employee performing work covered by Labor Code sections 1720 et seq.
Consultant shall pay to the City when due all business taxes payable by Consultant under the provisions of Chapter 6- 04 of the Santa Rosa City Code. The City may deduct any delinquent P
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Professional Services Agreement
Form approved by the City Attorney 8-1-15
business taxes, and any penalties and interest added to the delinquent taxes, from its payments to Consultant.
D. D
iscrimination Prohibited. With respect to the provision of services under this Agreement, Consultant agrees not to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person.
E. G
overning Law; Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court in Sonoma 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 court, and consent to service of process issued by such court.
F. W
aiver of Rights. Neither City acceptance of, or payment for, any service or performed by Consultant, nor any waiver by either party of any default, breach or condition precedent, shall be c
onstrued as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
G. I
ncorporation of Attachments and Exhibits. The attachments and exhibits to this Agreement are incorporated and made part of this Agreement, subject to terms an d pr
ovisions herein contained.
19 . A UTHORITY; SIGNATURES REQUIRED FOR CORPORATIONS
C
onsultant hereby represents and warrants to City that it is (a) a duly organized and validly existing Corporation, formed and in good standing under the laws of the State of California, (b) has the power and authority and the legal right to conduct the business in which it is currently engaged, and (c) has all requisite power and authority and the legal right to cons ummate the transactions contemplated in this Agreement. Consultant hereby further represents and warrants that this Agreement has been duly authorized, and when executed by the signatory or signatories listed below, shall constitute a valid agreement binding on Consultant in accordance with the terms hereof.
If this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board, president or any vice-president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature.
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E
xecuted as of the day and year first above stated.
CONSULTANT:
Name of Firm: FOCUS STRATEGIES
TYPE OF BUSINESS ENTITY (check one):
_____Individual/Sole Proprietor
_____Partnership
_____Corporation
_____Limited Liability Company
_____Other (please specify: ___________)
Signatures of Authorized Persons:
By: _____________________________
Print Name:_______________________
Title: ____________________________
By: _____________________________
Print Name:_______________________
Title: ____________________________
City of Santa Rosa Business Tax Cert. No.
_________________________________
CITY OF SANTA ROSA
a Municipal Corporation
By:________________________________
Print
Name:_____________________________
Title:_______________________________
APPROVED AS TO FORM:
____________________________
Office of the City Attorney
ATTEST:
____________________________
City Clerk
A
ttachments:
Attachment One - Insurance Requirements
Exhibit A - Scope of Services
Exhibit B – Compensation
Attachment One to Grant Agreement
Form approved by the City Attorney 4-14-14
ATTACHMENT ONE
INSURANCE REQUIREMENTS FOR
GRANT AGREEMENTS
A. Insurance Policies: Contractor shall, at all times during the terms of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and issued by insurers with AM Best ratings of no less than A-:VI or otherwise acceptable to the City.
Insurance
Minimum
Coverage Limits
Additional Coverage Requirements
1. Commercial
general liability
$ 1 million per
occurrence
Coverage must be at least as broad as ISO CG
00 01 and must include completed operations
coverage. If insurance applies separately to a
project/location, aggregate may be equal to per
occurrence amount. Coverage may be met
by a combination of primary and umbrella
or excess insurance but umbrella and
excess shall provide coverage at least as
broad as specified for underlying coverage.
Coverage shall not exclude subsidence.
$ 2 million
aggregate
2. Business auto
coverage
$ 1 million ISO Form Number CA 00 01 covering any auto
(Code 1), or if Contractor has no owned autos,
hired, (Code 8) and non-owned autos (Code 9),
with limit no less than $ 1 million per accident
for bodily injury and property damage.
3. Professional
liability (E&O)
$ 1 million per
claim
Contractor shall provide on a policy form
appropriate to profession. If on a claims made
basis, Insurance must show coverage date
prior to start of work and it must be maintained
for three years after completion of work.
$ 1 million
aggregate
4. Workers’
compensation and
employer’s liability
$ 1 million As required by the State of California, with Statutory Limits and Employer’s Liability
Insurance with limit of no less than $ 1 million
per accident for bodily injury or disease. The
Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor
of the City for all work performed by the
Contractor, its employees, agents and
subcontractors.
B. Endorsements:
1. All policies shall provide or be endorsed to provide that c overage shall not be canceled, except after prior written notice has been provided to the City in accordance with the policy provisions.
Attachment One to Grant Agreement
Form approved by the City Attorney 4-14-14
2. Liability, umbrella and excess policies shall provide or be endorsed to provide the following:
a. For any claims related to this project, Contractor’s insurance coverage shall be primary and any insurance or self-insurance maintained by City shall be excess of the Contractor’s insurance and shall not contribute with it; and, b. The City of Santa Rosa, its officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used.
C. Verification of Coverage and Certificates of Insurance: Contractor shall furnish City with original certificates and endorsements effecting coverage required above.
Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the Agreement . The City reserves t he right to require complete copies of all required policies and endorsements.
D. Other Insurance Provisions:
1. No policy required by this Agreement shall prohibit Contractor from waiving any right of recovery prior to loss. Contractor hereby waives such right with regard to the indemnitees.
2. All insurance coverage amounts provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement limits the application of such insurance coverage. Defense costs must be paid in addition to coverage amounts.
3. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either Contractor or City.
Self-insured retentions above $10,000 must be approved by City. At City’s option, Contractor may be required to provide financial guarantees.
4. Sole Proprietors must provide a representation of their Workers’ Compensation Insurance exempt status.
5. City reserves the right to modify these insurance requirements while this Agreement is in effect, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT A - SCOPE OF SERVICES
The Homelessness Solutions Strategic Plan (Plan) must include but is not limited to the items listed below. The term for the scope of services shall be for an initial six-month period (March 1, 2022 to August 31, 2022) with an option to extend for an additional six-month period (September 1, 2022 to February 28, 2023) at the sole discretion of the City.
1. An inventory of housing and supportive service resources offered in Santa Rosa that may assist people who are experiencing homelessness, including leveraging resources not specific to homelessness (i.e., alcohol/substance use, behavioral health, economic health).
2. An analysis of needs, referencing multiple data sources, based on current resources and gaps to address homelessness in target populations, centering on equity impact, through prevention, shelter, supportive housing, services and the impact of the Preliminary Injunction and the City’s response to COVID-19.
3. A report and analysis of best practices in addressing homelessness amongst target populations, coordinating interagency efforts, and innovative policies and initiatives from separate government entities, including case studies and recommendations that can be implemented in Santa Rosa.
4. Recommendations, including, tangible action steps, to coordinate existing resources and maximize impact; costs, for new strategies needed to achieve the City’s goals in achieving “Functional Zero”; tangible action steps and data collection strategies for benchmarks and performance measures; and opportunities for leveraging resources from various sectors, including external untapped resources.
5. An analysis of the user interface and content strategy of the City’s Homelessness Solutions webpages.
6. A report on input gathered from meetings with various stakeholders, including City and County officials, services providers, advocacy groups and other stakeholders.
7. Practical and implementable strategies and approaches to improve Santa Rosa’s response to homelessness.
8. Address equity issues and ensure that programs and services are viewed through an equity lens in alignment with the City Council’s priority related to diversity, equity, and inclusion.
9. Provide additional data, information, and technical assistance as requested by the City.
10. City may incorporate optional, additional services into the scope of services as follows:
• Project Implementation Upon City Request – City may request that Consultant assist with implementation of the plan (“Plan Implementation”) in order to effect the strategic recommendations contained in the Plan. These services could relate to, without limitation, support, oversight, and reporting and/or programmatic implementation to augment City resources on an as needed basis.
• On-Call Consulting Upon City Request – City may also request that Consultant work with the City on an ongoing basis to provide additional consulting services, including, without limitation, advice related to financial and operating procedures, processes and policies.
With regards to Plan Implementation and/or On -Call Consulting, the City is under no obligation to proceed with Plan Implementation or On -Call Consulting. Such additional services, if any, would be at the sole discretion of the City.
SERVICES AND DELIVERABLES
The following outline provides a phased approach to services and deliverables.
Phase 1: Conduct Assessment of Existing System and Stakeholders [TIMELINE] • Review previous plans and background materials. This includes review of CoC strategic planning efforts (see Section VII) and engagement with CoC consultant, where appropriate.
• Analyze capacity, available resources, and demographic trends. • Initial discussion of identified challenges and emerging opportunities for critical investment.
• Consultant shall engage with a broad cross-section of community stakeholders for input about identified challenges and emerging opportunities to address homelessness.
Consultant will be expected to facilitate community engagement sessions (estimated 15- 20 virtual stakeholder interviews and 2 virtual community engagement sessions). • Consultant will also hold internal inter-departmental City focus groups. • Consultant shall assist the City in developing the agendas, discussion questions, and other materials/graphics necessary for the community engagement sessions.
Deliverables:
• Workplan: Consultant shall assist the City in developing a workplan outlining the activities to be undertaken throughout the planning process. • Communication and Engagement Plan: Consultant shall assist the City in developing a communication plan to ensure process and participation in community engagement sessions is inclusive and transparent of both internal and external stakeholders. • Report and Presentation: Consultant shall present during the community engagement sessions and the City focus groups, as well as prepare a draft summary of findings, including any major themes and critical issues that have emerged in Phase 1.
Phase 2: Synthesis and Draft Plan Development [TIMELINE] • Prepare and draft Plan based on the assessment, community engagement sessions, and City focus groups for community review and input. Staff will work with stakeholders and community work session participants to invite input on the draft Plan and Consultant will synthesize and incorporate feedback.
Deliverables:
• Draft Plan based on findings and themes, including a set of recommendations. • Presentations: Consultant shall present a draft of their Plan and recommendations to an internal committee identified by the City.
Phase 3: Finalize and Approve [TIMELINE]
• Update draft of Plan to include feedback from internal committee. • The final Plan should include timelines for implementing the identified strategies in the plan. The work plan should contain clearly articulated metrics of success, including any new data collection methods that may need to be implemented.
Deliverables:
• Final Plan: Consultant shall produce and present a final Plan and presentation to the Santa Rosa City Council for approval and publication. Consultant should be prepared to make minor revisions based on any final feedback received from City Council.
EXHIBIT B – COMPENSATION
Services and Deliverables
1. System Assessment and Stakeholder Engagement Cost
a. Review documents and background materials, including City, County, and CoC plans and reports, applications for State and federal funding, RFPs issued, meeting minutes, and other contextual documents. $1,670
b. Review and analysis of available data (existing reports, aggregate data), including population of people experiencing homelessness, system capacity and gaps, system performance, data on racial and ethnic disparities, if available.
$9,005
c. Gather contextual information on the City’s homelessness response efforts from City team (2 calls with City staff).
$1,295
d. Draft summary of challenges and emerging opportunities for the City of Santa Rosa’s efforts to reduce homelessness.
$4,470
e. Preparations for virtual community engagement process: identify stakeholders to engage, formats for engagement, scheduling meetings, drafting meeting agenda and interview questions, draft City communication plan.
$1,670
f. Conduct virtual stakeholder interviews with between 15 and 20 individuals (approximately 1 hour per interview).
$8,855
g. Convene 2 virtual community engagement sessions $4,520 h. Facilitate 2 in-person focus groups with people experiencing homelessness.
$2,705
i. Facilitate 2 to 3 virtual inter-departmental City focus groups. $3,490 j. Conduct best practices research to identify examples and case studies that can be implemented in Santa Rosa.
$3,770
k. Draft report of findings from Phase 1, including data on population of people experiencing homelessness, preliminary inventory and needs/gaps analysis, assessment of racial and ethnic disparities, summary of information gathered from key stakeholder engagement, best practices summary, and overview of challenges and emerging opportunities for Santa Rosa. Provide feedback to City staff on the content and user interface of the City’s Homelessness Solutions webpages.
$9,690
Subtotal $51,140
2. Synthesis and Draft Plan Amendment
a. Draft Strategic Plan for review by City and selected stakeholders, including:
(1) analysis of people experiencing homelessness; (2) resource inventory; (3)
needs
analysis; (4) identification of relevant best practices; (5) goals and implementable strategies for reducing homelessness; (6) approach to address equity issues; (7) action steps for the first year of Plan Implementation. Appendices to the Plan will include a summary of stakeholder input.
$11,195
b. Synthesize and incorporate feedback from City staff and selected stakeholders; produce final draft of Strategic Plan.
$6,445
c. Present final draft of Strategic Plan to internal Committee identified by City. $2,495 Subtotal $20,135
3. Finalize Plan and Support Plan Adoption
a. Update and Finalize Plan draft to incorporate committee feedback. $7,740 b. Presentation to City Council. $2,495
c. Revise Plan based on City Council feedback (expected to be minor). $2,425 Subtotal $12,660
Project Management
a. Develop detailed workplan for the project; discuss with City and refine. $1,295 b. Bi-weekly check in calls with City team. $3,005
Subtotal $4,300ces
Total Consulting $88,235
Travel Expenses (estimated, to be reimbursed based on actuals) $100 Focus Group Participation Incentives (for people with lived expertise) $1,000 Project Total $89,335
Contingency for additional work at the request of the City $10,665 TOTAL COMPENSATION $100,000
2. Synthesis and Draft Plan Development
The table below lists 2022 hourly rates for all personnel to be assigned to this project. These are the hourly rates we used to develop our non-to-exceed budget. These are also the hourly rates we would use for any additional work requested.
Title Current Personnel
Title Current Personnel 2022 Hourly Rate
President Megan Kurteff-Schatz 230
Director
Kate Bristol, Tracy Bennett,
Jeree Glasser-Hedrick
225
Assistant Director Lenita Wheeler 215
Senior Consultant, Senior
Housing Consultant
Recruitment in Process 195
Consultant, Analytics
Consultant,
Housing Consultant
Liz Oh, Hana Gossett,
Michael Hatch,
Matt Mitchell, Bridget Galka
180
Associate Linda Ly 135
Administrative Manager Nina Prudhomme 135
Administrative Analyst Wendy Mercado 130