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Professional Services Agreement
CITY OF THOUSAND OAKS
PROFESSIONAL SERVICES AGREEMENT
TRACKING NUMBER:
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of _________ 2024, by and between the City of Thousand Oaks, a municipal corporation organized under the laws of the State of California with its principal place of business at 2100 Thousand Oaks Blvd., Thousand Oaks, California 91362 (“City”) and Hope the Mission, a California non-profit corporation, with its principal place of business at 16641 Roscoe Place, North Hills, CA 91343, jointly with Many Mansions, a California non-profit corporation, with its principal place of business at 1259 E.
Thousand Oaks Blvd., Thousand Oaks, CA 91362 (referred to collectively as “Consultant”). City and Consultant are sometimes individually referred to as a “Party” and collectively as the “Parties.”
2. RECITALS.
2.1 C ity . City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purposes.
2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is familiar with and experienced in providing services to individuals and households experiencing homelessness as required by this Agreement, and the provision of such services on behalf of public clients, and further, that Consultant has all appropriate licenses to provide such services in the State of California and the City. Consultant further represents and warrants that they are each bound by this Agreement and that they shall provide the services and comply with all other terms and conditions set forth herein.
2.3 Project.
City desires to engage Consultant to render such services on the terms and conditions as set forth in this Agreement for purposes of reducing and eliminating homelessness within in the City of Thousand Oaks and County of Ventura (“County”), and to provide temporary emergency shelter to persons experiencing homelessness, on the terms and conditions set forth herein.
3. TERMS.
3.1 S cope of Services and Term .
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the services, more particularly described in the “Scope of Services” attached as Exhibit “A”, and the conditions stated therein and incorporated herein by reference (“Services”). The performance of these Services shall be performed by Consultant as more particularly described i n the “Division of Responsibilities” attached in the Scope of Services as part of Exhibit “A.” All Services and related activities shall be in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for a period commencing on the date when the City provides consultant with written notice to proceed and continuing for five (5) (“Term”), unless earlier terminated as provided herein. The City has the sole option, by providing ATTACHMENT #4
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written notice to Consultant, to extend the term with up to five (5) extensions of one (1) year each (the “Extended Term”). At the expiration of the Term or Extended Term, as applicable, the Agreement shall expire and a new agreement between the Parties shall be required. Consultant shall perform its services in a prompt and timely manner within the Term or Extended Terms of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement.
City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall not also be employees of Cit y and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, benefits and other amounts due to such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 S
chedule of Services . Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
Consultant agrees and understands that the payment for Services is subject to the deadlines for expenditure of funds, if any, referenced in the Funding Requirements.
3.2.3 C
onformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City, and in accordance with all requirements of the Scope of Services. Consultant further agrees that the Scope of Services shall be provided in accordance with the following:
3.2.3.1 The Management, Operations, and Public Safety Policies and Procedures attached as Exhibit “D” (“Policies and Procedures”),
3.2.3.2 The Conditions of Approval, approved by the City on or about October 23, 2023, and
3.2.3.3 The requirements of the Encampment Resolution Funding Program, authorized by Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (Cal.
Health and Safety Code § 50250), which include, but are not limited to: outreach and service path data at the anonymized, individual level; providing current housing status of persons served in the aggregate; status of funding and budget information; and, continued confirmation that information is populated timely in the Homeless Management Information System (“HMIS”) in accordance with all applicable laws and regulations. Consultant further agrees and understands that Many Mansions and Hope the Mission shall be considered subrecipients of the Encampment
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Resolution Funding Program and that they shall comply with the requirements set forth in Exhibit E, which is attached hereto and incorporated herein by reference.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written notice to City. If City does not object to the substitution within seven (7) business days, then the substitution shall be deemed approved. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel that fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property, shall be promptly removed from the Services by Consultant at the request of the City. [IF APPLICABLE: The key personnel for performance of this Agreement are as follows: ___________]
3.2.5 C ity’s Representative. The City hereby designates Andrew P. Powers, City Manager, or designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City’s Representative or designee.
3.2.6 C
onsultant’s Representative.
3.2.6.1 Consultant hereby designates Jose Ramirez, of Hope the Mission to act as its representative for the performance of this Agreement (“Consultant Representative”).
The Consultant Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6.2 Many Mansions shall have primary responsibility for certain property management functions, as set forth in the ”Division of Responsibility” section described in Exhibit A. For all property management functions, the Consultant representative shall be Rick Schroeder, of Many Mansions.
3.2.6.3 Upon request by the City, Hope the Mission and Many Mansions shall designate a single point of contact for communication with Consultant for all matters regarding this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 S
tandard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services,
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including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Services by the Consultant and shall not be reemployed to perform any of the Services or any related work.
3.2.9 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 E
mployment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.9.2 E
mployment Eligibility; Subcontractors, Consultants, and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Services or this Agreement to make the same verifi cations and comply with all requirements and restrictions provided for in Section 3.2.9.1.
3.2.9.3 E
mployment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.9.1 or 3.2.9.2; (2) any misrepresentation or material omission concerning compliance with such
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requirements (including in those verifications provided to the Consultant under Section 3.2.9.2); or (3) failure to immediately remove from the Services any person found not to be in compliance with such requirements.
3.2.9.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to obtain the required liability insurance in accordance with law and this Agreement before commencing the performance of the Services.
3.2.9.5 E
qual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.2.9.6 A
ir Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.9.7 W
ater Quality.
(A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claim s or other regulatory r equirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
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(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph.
3.2.10 I
nsurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 M
inimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) G
eneral Liability Insurance. Consultant shall obtain, at its sole cost a standard form policy of Comprehensive General Liability endorsed for premises operation, contractual and broad form property damage with a combined single limit of not less than TWO Million Dollars ($2,000,000) per occurrence, with an annual aggregate of FOUR MILLION DOLLARS ($4,000,000). . Insurance is to be placed with insurers with a current A.M. Best and Company rating level of A- or better, Class VIII or better, licensed to do business in California, and satisfactory to City. Consultant agrees to endorse third party general liability coverage required herein to include as additional insureds the City of Thousand Oaks, the County, and their respective officials, officers, employees, volunteers, and agents (collectively “Additional Insureds”). The acceptable additional insured endorsement that must be submitted to City is CG 20 10 or its exact equivalent. Endorsements of the policy shall provide that coverage shall apply on a non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the Additional Insureds. Coverage shall not be limited to the vicarious liability or supervisory role of any of the Additional Insureds. Insurance shall be issued as project specific to this Agreement. Excess or Umbrella Liability Insurance (Over the Primary) is required in the with minimum limits of $5,000,000 and shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess/umbrella liability policy, shall include a drop-down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary, but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits.
There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another; policies shall also have concurrent starting and ending dates. Coverage shall include application to the City of Thousand Oaks for injury to employees of Consultant, subcontractors of either the Consultant or City, or others involved in the scope of this Agreement.
The scope of coverage provided is subject to approval by City’s Risk Services Administrator following receipt of proof insurance as required herein.
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(B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of, or in connection with, Work to be performed under this Agreement, including $1,000,000 combined single limit for each accident including coverage for any owned, hired, non-owned or rented vehicles. (C) Professional Liability (Errors & Omissions). Consultant shall maintain professional errors and omissions coverage of no less than ONE MILLION DOLLARS ($1,000,000) per occurrence or claim, TWO MILLION DOLLARS ($2,000,000) aggregate The policy shall not exclude discrimination, fair housing, American with Disabilities act, and sexual molestation violations. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (D) Workers’ Compensation/Employers' Liability Insurance.
Consultant shall procure and maintain Workers' Compensation insurance as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease. Workers’ Compensation insurance must cover all of Consultant’s employees on the Property. Consultant shall be responsible for the insurance coverage as herein provided of all employees of said Consultant. The worker’s compensation policy shall include a waiver of subrogation in favor of the City.
(E) N
otices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.10.3 I
nsurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) The General Liability, Professional Liability, Automotive Liability and Workers’ Compensation/Employers Liability insurance policies required by this Agreement shall name City, County, and their directors, officials, officers, employees, agents, and volunteers, as additional insureds.
(B) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
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or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers and other additionally insureds.
3.2.10.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, County, their directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, County, and their officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall specifically require Consultant and others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.10.5 D
eductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.10.6 S
ubconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City, by its Risk Services Administrator, may approve in writing different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.10.7 A
cceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A -:VIII, licensed to do business in California, and satisfactory to the City.
3.2.10.8 V erification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 R
eporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.11 S afety . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
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exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Consultant shall adopt and implement written safety precautions in accordance with the Policies and Procedures.
3.2.12 NON-DISCRIMINATION. During the performance of this Agreement, Consultant, its employees and agents, shall not deny the contract’s benefits to any person on the basis of race, ethnicity, color, immigration status, language, justice system involvement, ancestry, religion, sex, familial status, age, sexual orientation, gender, gender expression, gender orientation, gender identity, LGBT+ (lesbian, gay, bisexual, transgender, queer/questioning, etc.) status, veteran status, marital status, domestic or sexual violence victim status, or sensory, mental, or physical disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, ethnicity, color, immigration status, language, justice system involvement, ancestry, religion, sex, familial status, age, sexual orientation, gender orientation, gender identity, LGBT+ (lesbian, gay, bisexual, transgender, queer/questioning, etc.) status, veteran status, marital status, domestic or sexual violence victim status, or sens ory, mental, or physical disability . Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Consultant shall permit access by representatives of the California Civil Rights Department and the City, County, or other state agency providing funding to the Project upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said government entity shall require to ascertain compliance with this clause. Consultant shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
3.2.13 Dr
ug -Free Workplace Certification. Consultant agrees that it complies with the requirements of the Drug- Free Workplace Act of 1990 and will take all required actions thereunder, including publication of notices and providing information to employees.
3.2.14 P ublic Communications Regarding the Navigation Center. All public signage, marketing materials, or other promotional or fundraising materials regarding the Navigation Center shall be subject to City approval and consent.
3.2.15 J oint and Several Obligations of Hope the Mission and Many Mansions. The obligations set forth in this Agreement are joint and several obligations of Hope the Mission and Many Mansions. Notwithstanding any division of primary responsibility, Hope the Mission and Many Mansions shall be jointly and severally responsible for all obligations set forth in this Agreement.
3.3 Fees
and Payments .
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Compensation Schedule “Exhibit ”C” attached hereto and incorporated herein by reference. The total annual compensation for the initial year of the Term shall not exceed One Million One Hundred Seventy One Thousand Three Hundred Seventy Two Thousand Dollars and Eighty Four Cents ($1,171,372.84) without written approval of City’s Representative. Consultant shall submit
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an annual budget request to the City on or before May 1 of each year, which may include annual Consumer Price Index (CPI) increases to the Compensation Schedule in accordance with the U.S. Bureau of Labor Statistics March over March CPI for All Urban Consumers for the Los Angeles-Long Beach-Anaheim, CA index, not -to-exceed five percent (5%) per year, subject to the City’s review and written approval. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. The statement must provide any and all information City may reasonably require to comply with any Funding Requirements referenced in in the Scope of Services or elsewhere in this Agreement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. Many Mansions acknowledges and agrees that payment shall be made to Hope the Mission, which shall remit payment to Many Mansions for its share of the compensation pursuant to the Compensation Schedule in Exhibit “C.”
3.3.3 R
eimbursement Subject to Funding Requirements. Any monthly itemized statement must adequately document that the Services comply with the applicable Funding Requirements, as may be reasonably required by the City, and as set forth in Exhibit “A.”
3.3.4 R eimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 E xtra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services , but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.6 P
revailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. City has not made any representations or warranties to Consultant regarding the applicability of Prevailing Wages. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is One Thousand Dollars ($1,000) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees, volunteers and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.7 P
rogram Funding Source Compliance. Consultant agrees and understands that any payments under this Agreement may be subject to a determination that the services comply
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with grant funding conditions or requirements and that the City may withhold or retain payment for services that fail to comply with any grant conditions or requirements.
3.3.8 Obligation to Pursue Additional Funding.
3.3.8.1 Consultant shall use best efforts to pursue and obtain additional public funding from other sources, subject to the consent of City, expressly for the purpose of operation of the Project; provided, however, the Services required hereunder do not include any activities related to fundraising and no fundraising activities shall be considered a part of the Services required under this Agreement. Upon receipt of any additional funding expressly for operation of the Project, Consultant and City shall meet and confer regarding the Compensation Schedule and determine whether any modifications are necessary. Any additional funds obtained shall be consistent with requirements for the Project and first be used for any funding gap between the services required under this Agreement and the Compensation Schedule. Any additional uses shall be subject to the review and approval of the City, which shall not be unreasonably withheld.
3.3.8.2 To the extent any such additional funding is pursued through private fundraising activity by Tenant in connection with the Navigation Center, the fundraising shall be subject to the City’s prior review and consent. Tenant agrees to provide City with advance notice of any fundraising activity based on promotion of the Navigation Center, and that City shall have the right to approve or disapprove any such fundraising activity. The City shall have not less than thirty (30) days to consider any request to approve fundraising activity, and the City may condition any such approval on the receipt of a share of fundraising revenues or impose other reasonable conditions, which shall be set forth in writing. Tenant agrees that it is solely responsible for compliance with all legal requirements for any fundraising activity approved by the City.
3.4 Records and Oversight.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all activities, operations, costs, and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City, or an official or agent of the State of California, or other appropriate agency, during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement as required by any funding source. Consultant must retain records related to services provided under this Agreement for a period of five (5) years, or longer period as required by law or any Funding Requirements. On or before that date, the City may require Consultant continue to retain records or provide all records related to the services provided under this Agreement.
3.4.2 A
nnual Audit. Consultant shall be subject to a quarterly review and an annual audit conducted by the City or a firm of City's choice. Consultant agrees to make available all applicable records to City's auditors for annual review. The report shall be prepared in accordance with generally accepted auditing standards. The audit report submitted by the audit firm shall also be subject to a single audit at the City's discretion. The preparer’s services will be an expense of the City.
3.4.3 P
erformance Evaluation. Consultant shall participate in program evaluations regarding the implementation of the activities and operations of this Agreement and as required by any funding source for the operation of this project. This includes providing or facilitating the collection of data and materials as reasonably requested by the City, County, State, or other appropriate agency. Consultant shall be subject to a quarterly review and an annual review of
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metrics and performance outcomes. Consultant to make available all applicable records to City, County, State, or other appropriate agency representative for review. The reports shall be prepared in a form approved by the City and as more particularly desc ribed in the "Metrics and Performance Outcomes" and "Reporting" attached in the Scope of Services as part of Exhibit "A".
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consul tant may not terminate this Agreement except for cause.
3.5.1.2 E
ffect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.
3.5.1.3 A
dditional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 De livery of Notices . All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City
City of Thousand Oaks
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
Attn: Ingrid Hardy,
Assistant City Manager
Consultant
Hope the Mission
16641 Roscoe Place
North Hills, CA 91343
Attn: Ken Craft
Many Mansions
1259 E. Thousand Oaks Blvd.,
Thousand Oaks, CA 91362
Attn: Rick Schroeder
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
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any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Services and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.5.3.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City.
3.5.3.3 Rig
ht to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Agreement or another project, provided that any such use not within the purposes intended by this Agreement or unrelated this Agreement without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project unrelated to this Agreement , it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.3.4 I
ndemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use in the course of this Agreement by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.5.3.5 C onfidentiality. All “Confidential Information,” ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by , received by, or provided to Consultant in connection with the performance of this Agreement shall be held
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confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Services , or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
“Confidential Information” shall include, but not be limited to, all information or material that Consultant learns of or obtains while providing services to the City, its officials, employees or other agents, including any other consultant working on behalf of the City, under this Agreement that is or was confidential or privileged by virtue of it having been discussed or presented in a duly-noticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, confidential medical or health information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City. Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Consultant by City. Nothing herein shall require City to disclose any of its information to Consultant.
Consultant shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement and in accordance with applicable law. Following the termination of this Agreement, Consultant shall not use or disclose any Confidential Information, except with the express written consent of City.
Consultant’s obligations under this Section shall survive the termination and/or expiration of this Agreement.
3.5.4 Indemnification.
3.5.4.1 Scope of Indemnity . To the fullest extent permitted by law, Consultant, inclusive of Hope the Mission, Many Mansions, and their respective directors, officials, officers, employees, and agents (collectively, “Indemnitors”) shall defend, indemnify and hold the City, County, their respective directors, officials, officers, employees, volunteers and agents (collectively, “Indemnitees”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Indemnitors in connection with the performance of the Indemnitors of Services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Indemnitor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Indemnitors.
3.5.4.2 A
dditional Indemnity Obligations . For the indemnity obligations set forth in Section 3.5.4.1, Indemnitors agree that such indemnity shall not limit or restrict their joint and several obligations to the City under this Agreement and that each of them, individually or collectively, shall defend, with legal counsel chosen by City, at Indemnitor ’s own cost, expense, and risk, any and all claims, actions or other proceedings of every kind covered by Section 3.5.4.1 that may be brought or instituted against City or its directors, officials, officers, employees,
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volunteers and agents. Indemnitors shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Indemnitors shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees.
Indemnitors shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Indemnitor’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
Hope the Mission’s Initials: ________ Many Mansions’ Initials: _________
3.5.5 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Ventura County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.7 C
ooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.8 A ttorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing pa rty reasonable attorney’s fees and all other costs of such action.
3.5.9 Ti
me of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 C ity’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Agreement or Services provided hereunder.
3.5.11 S uccessors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.5.12 A ssignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 C
onstruction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be
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construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment that materially alters the terms of this Agreement shall be binding unless executed in writing and signed by both Parties. Notwithstanding the foregoing, the Parties agree that the City Manager, shall have sole discretion and authority to make amendments or modifications to this agreement that do not materially alter the obligations contained herein. This authority shall include, but not be limited to, the authority to require changes in the Scope of Services to comply with the Policies and Procedures set forth in Exhibit “D.”
3.5.15 W
aiver . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 N
o Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 P
rohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, sh all have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 A
uthority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.20 C
ounterparts . This Agreement may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. An electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including email transmitted electronic signatures. All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original.
The parties hereby acknowledge and agree that electronic records and electronic signatures may be used in connection with the execution of this Agreement and electronic signatures or
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signatures transmitted by electronic mail in so -called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this agreement had been delivered and signed by using a handwritten signature. City and Consultant (a) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and have the same force and effect as a manual signature, (b) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by electronic mail or other electronic means, (c) are aware that the other party will rely on such signatures, and (d) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signatures. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the Electronic Signatures in Global and National Commerce Act (“E-Sign”), and Uniform Electronic Transactions Act (“UETA”), that a signature transmitted by email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E -Sign and UETA with respect to this specific transaction.
3.6 S ubcontracting. Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7 E
ntire Agreement . This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with resp ect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. Notwithstanding the foregoing, nothing in this Agreement shall supersede or cancel the separate agreement between City and Consultant regarding the Ground Lease for the Property, between City and Many Mansions, dated on or about ____________, 2024 (“Ground Lease”).
SIGNATURE PAGE
TO
CITY OF THOUSAND OAKS
PROFESSIONAL SERVICES AGREEMENT
TRACK NO. _________________
CITY OF THOUSAND OAKS
By:
Andrew P. Powers
City Manager
HOPE THE MISSION
By:
Name:
____________________________
Its:
Many Mansions
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By:
Name:
____________________________
Its:
Attest:
By:
City Clerk
Approved as to form:
By: _____________________________
[INSERT ADDITIONAL SIGNOR]
By: ______________________________
[INSERT ADDITIONAL SIGNOR]
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
[INSERT NAME OF CITY RISK MANAGER]
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EXHIBIT “A”
SCOPE OF SERVICES
EXHIBIT “A”
SCOPE OF SERVICES
A. Overview:
The City of Thousand Oaks Navigation Center (Navigation Center) will be used as a year -round full-service, low-barrier emergency shelter, and navigation center to provide temporary housing, basic needs, case management, and system navigation services to individuals and households experiencing homelessness, with the focus of moving people into long- term permanent housing.
The site will operate 24 hours a day, seven days/week, 365 days a year, regardless of holidays or weather.
The Navigation center will be comprised of modular units with no less than thirty (30) and as many as fifty (50) beds , administration office s, clinic space, laundry and shower facilities, furnishing, storage, and other necessary equipment, to provide emergency and interim housing for individuals and households experiencing homelessness.
B. Program Objectives and Baseline Services
Hope the Mission shall have primary responsibility for providing all requirements set forth herein, and Many Mansions shall have primary responsibility for managing the Property, as further defined in the Division of Responsibilities, below. Notwithstanding the foregoing, Hope the Mission and Many Mansions shall be jointly responsible for performing all obligations of this Agreement and therefore are collectively referred to herein as “Consultant.”
Consultant shall prepare an operational manual, satisfactory to the City of Thousand Oaks (City) and the County of Ventura (County), and consistent with the Professional Services Agreement, the Management, Operations, and Public Safety Policies and Procedures, and all applicable local, state, and federal laws, rules and regulations necessary to operate the Navigation Center effectively and to ensure the site is operated in a manner consistent with its intended use and to achieve the goal of reducing the number of unsheltered persons in Ventura County.
Program Requirements shall include:
- Managing program resources to achieve cost efficiencies and effectiveness and to facilitate services to as many program participants who are homeless, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations (“participants”) as feasible. - Overseeing the day-to-day activities and management of all logistics and operations of the Navigation Center in accordance with principles of Housing First, as defined in Welfare and Institutions Code Section 8255.
- Participating in the Ventura County Homeless Management Information System (“HMIS”) and the Coordinated Entry System and adhering to all standards set by the Ventura County Continuum of Care on Homelessness to assist participants in quickly securing and moving into suitable permanent housing.
- Expanding the capacity to serve program participants by facilitating the delivery of services of multiple service providers.
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SCOPE OF SERVICES
- Seeking additional resources to augment the Navigation Center Program and housing opportunities for program participant occupants.
- Supporting an amicable relationship between the Navigation Center and the surrounding community through the implementation of the Good Neighbor Policy and proactively working together with community stakeholders to build community trust and strengthen the dialogue between residents, businesses, and service providers Providing services to p articipants with the following competencies: low barrier access and services, housing first, harm reduction, trauma-informed care, and client-centered.
The required Baseline Service shall include:
The Navigation Center shall incorporate a combination of basic needs services as well as supportive services aimed at creating pathways into housing and self -sufficiency. Navigation Center services will be provided either directly by Hope the Mission or through service provider partnership arrangements , in consultation with the City . Each participant must be individually assessed for the types of services needed and receive a written, individualized plan that is client - centered, culturally and linguistically appropriate, trauma-informed and sensitive to the wide range of individual occupants, with the goal to transition the individual to stable and affordable housing.
At a minimum, the Navigation Center shall include the following baseline services (in ranked priority):
i.
Twenty-four (24) hour bed availability
ii. Intake and Assessment
iii. Housing Navigation (for participants not receiving Housing Navigation services from another provider) , including establishing relationships with prospective landlords and assisting with housing applications
iv.
Case Management (if participants are receiving Housing Navigation services from an external provider, Navigation Center Case Managers must continue to provide additional Housing-Focused Case Management services to support and augment Housing Navigation services, to coordinate and facilitate housing placement) v.
Residential Supervision
vi. Crisis Evaluation – Behavioral Health
vii. Crisis Intervention & Conflict Resolution
viii. Victim Services with Trauma Informed Care (refer to victim service providers)* ix. Security
x. Meals/ Food
xi. Restrooms & Shower Facilities
xii. Laundry Facilities & Hygiene Items such as soap, etc. xiii. Transportation Assistance
xiv. Health Clinic (connect to the County Health Care Agency and Medi-Cal Benefits) xv. Storage
xvi. Computers for email and Benefits/Employment Services xvii. Life skills
xviii. Parking
xix. Homeless Prevention/ Diversion Assistance
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SCOPE OF SERVICES
xx. Substance Use Treatment (on/off site)
xxi. Behavioral Health Treatment (on/off site)
xxii. Employment/ Job Placement / Other Sources of Income, including benefits xxiii. Pet Kennel and Services
xxiv. Recreational Activities
xxv. Information and Referral Services
xxvi. Clothing Donation and Distribution
xxvii. Electronic Charging Stations
xxviii. Access to Phones which participants can use
* For participants who identify as fleeing domestic violence, stalking, sexual assault, or other form of interpersonal violence, the Operator must follow VC CoC Written Standards for HUD CoC and ESG and must offer a connection to a victim service provider at a confidential location to ensure the safety and wellbeing of the participant. The term `victim service provider' means an organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. This includes Interface Children and Family Services, the Family Justice Center, or the Coalition for Family Harmony in Ventura County.
C. Metrics and Performance Outcomes
Consultant shall maintain and report on the following Minimum Metrics:
i. Number of participants served
ii. Number ineligible/ declined
iii. Number of days in emergency shelter for each participant iv. Numbers of participants exiting to permanent housing v. Numbers of participants exiting to other acceptable exits (treatment, transitional housing as appropriate)
vi. Numbers of participants with an increase in income, including disability income and other public benefits (Navigation Center services will initiate services related to income stability that will continue in permanent housing)
vii. Number of participants who return to homelessness within 12 months viii. Outreach and service path data at the anonymized, individual level ix. Current housing status of participants served in the aggregate x. Continued confirmation that data is populated timely into HMIS and using appropriate codes, as required by funding sources.
Consultant shall exercise reasonable diligence to achieve the following Performance Outcomes:
i. Maintain a Daily Occupancy of participants rate at the Navigation Center of seventy percent (70%) of the total available bed capacity.
ii. The Navigation Center will serve up to 30 program participants at one time ( with a minimum of twenty-seven beds; 24 single occupancy units and 3 double occupancy units for couples).
iii. Reduce the overall number of individuals experiencing homelessness within the City. iv. Connect seventy-five percent (75%) of the Navigation Center program participants with stable housing or “positive” exits to other acceptable living arrangements such as residential treatment, transitional housing, or reuniting with relatives.
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SCOPE OF SERVICES
v. Assist program participants by increasing their income as appropriate, including through disability income or other public benefits.
vi. The length of stay goal is thirty (30) days from the date of intake. The length of stay may be extended on a case-by-case basis, in conjunction with verified housing plans, but shall not exceed t he maximum length of stay of six (6) months (City of Thousand Oaks Municipal Code Sec.9—4.2525.e.11).
D. Reporting
i. Navigation Center Metrics and Outcomes shall be reported quarterly to County and City staff and shared at a minimum annually with the respective Board of Supervisors/City Council(s). Reports shall be submitted on a form approved by the City and include all information reasonably required by the City. Consultant shall provide data in a manner consistent with state and federal law, and the Ventura County Homeless Management Information System.
ii. Comply with conditions and requirements and submit required data related to current or future funding sources to fund the operations of the Navigation Center, including but not limited to City, County, State, or Federal funding sources.
E. Division of Responsibilities
At all times during this Agreement, Hope the Mission and Many Mansions shall cooperate and coordinate for the delivery of services to p articipants as required herein. The following table sets out the “Division of Responsibilities,” provided, however, that Hope the Mission and Many Mansions are jointly responsible for each of the following obligations. This Division of Responsibilities is intended solely for the provision of Services under this Agreement, and shall not be construed to alter or modify Many Mansions’ obligations under the Ground Lease.
Many Mansions (“MM”) = Leaseholder and Operator
Hope the Mission (“HtM”) = Services and Facilities Operations Provider
Area of Responsibility Lead Additional
Responsibilities
Facilities Maintenance & Security
Maintenance, Janitorial, and
Groundskeeping
HtM
Inspections (internal, external), minor
repairs
HtM MM inspections
Emergency repairs HtM
Security personnel hiring and
management, including neighborhood
daily checks
HtM
Maintaining storage and pet areas HtM
Safety procedures, training, and drills HtM
Asset Management
Annual assessment and report MM
60684.00011\41943090.1
EXHIBIT “A”
SCOPE OF SERVICES
Area of Responsibility Lead Additional
Responsibilities
Securing improvement funding MM HtM
Major repairs/site improvement MM HtM
Insurance MM
Resident / Supportive Services
Developing all policies and procedures HtM MM review
Clients intake, onboarding, contracting,
case management, baseline services
HtM
Regular operations, client services,
navigation services
HtM
Workshops, events HtM MM
Food service and Health Dept
compliance
HtM
Reporting & Compliance
Regular communication with CoC and
CES (daily open beds report, etc.)
HtM MM
support/review
Intake, bed reservation, re-enrollment,
exit procedures, record keeping,
VCHMIS recording
HtM MM review
MM support on
VCHMIS
Services and outcomes reports HtM MM review
MM support on
VCHMIS
Quarterly presentations to County and
City staff
Shared
Communications and Community
Relations
Pre-development community outreach MM HtM Support
Overall “State of” communications with
City and County
MM HtM Support
Regular communications with
City/County about operations
HtM MM
Communications and management of
Advisory Board
MM HtM Support
Addressing specific citizen concerns
(during operations)
HtM MM
Production of marketing materials,
building and managing website, media
relations
MM HtM Support
Volunteer management MM HtM Support
Coordinate monthly/quarterly meetings
with law enforcement
MM HtM Support
Representation in community events,
resource fairs, local chambers. Event
MM HtM Support
60684.00011\41943090.1
EXHIBIT “A”
SCOPE OF SERVICES
Area of Responsibility Lead Additional
Responsibilities
sponsorships.
Finance/Audit
Develop financial policies and
procedures
Shared
Facilitate annual or periodic audit by
City or other governmental entity
Shared
Comply with annual or periodic audit by
City or other governmental entity
Shared
Monthly financial reports/requests for
reimbursement submitted to City and
County
Separate,
according to
area of
responsibility
60684.00011\41943090.1
EXHIBIT “B”
SCHEDULE OF SERVICES
EXHIBIT “B”
SCHEDULE OF SERVICES
Activity Date
Consultant to provide operation manual Within thirty (30) days of the Effective Date of this Agreement
Commence providing “Baseline Service” Within thirty (30) days from date when City gives “Notice to Proceed.” The Notice to
Proceed will follow completion of
construction, which City expects on or after
October 7, 2024.
Meet the “Daily Occupancy Rate” of 70% Within thirty (30) days of the Notice to Proceed, unless extended in writing by the
City
Quarterly Reports to County and City Or before the following dates of each year:
January 15, April 15, July 15, and October 15
Annual Audits Commence on or after February 1 of each
year and completed within ninety (90) days
60684.00011\41943090.1
C EXHIBIT “C”
COMPENSATION
SCHEDULE
EXHIBIT “C”
COMPENSATION SCHEDULE
[INSERT COMPENSATION RATES AND AUTHORIZED REIMBURSABLE EXPENSES]
60684.00011\41943090.1
C EXHIBIT “C”
COMPENSATION
SCHEDULE
60684.00011\41943090.1
D EXHIBIT “D”
MOPS
EXHIBIT “D”
MANAGEMENT, OPERATIONS, AND PUBLIC SAFETY POLICIES AND PROCEDURES
[INSERT]
GROUND LEASE - EXHIBIT [E]
PROFESSIONAL SERVICES AGREEMENT – EXHIBIT [D]
MANAGEMENT, OPERATIONS, AND PUBLIC SAFETY
POLICIES AND PROCEDURES
DRAFT
ii
CONTENTS
SECTION I. PURPOSE ...................................................................................................................... 1 SECTION II. roles and responsibilities ............................................................................................ 1 A. Operator ...................................................................................................................................... 1
1. Operator Responsibilities ........................................................................................................... 1
2. Service Provider Partners ........................................................................................................... 2 Section III. Navigation Center Administration ................................................................................ 3 A. Description ................................................................................................................................. 3
1. Participant Eligibility.................................................................................................................... 3
2. Hours of Operation ..................................................................................................................... 3
3. Accessing the Navigation Center ................................................................................................ 4
4. Coordinated Entry System Integration ....................................................................................... 4
5. Local Preference .......................................................................................................................... 4
6. Length of Enrollment .................................................................................................................. 5
6. Storage ........................................................................................................................................ 5
7. Case Management and Housing Navigation ............................................................................... 5
8. Housing and Services Plan ........................................................................................................... 6 B. Navigation Center Services and Activities .................................................................................. 7
1. Baseline Services ......................................................................................................................... 7
2. Daytime Activities ....................................................................................................................... 8
3. Daily Schedule ............................................................................................................................. 8
4. Services for Participants .............................................................................................................. 9 C. Bed Reservation, Intake, Exit, Re-Enrollment, Overflow Management & Participant Records . 9
1. Bed Reservation .......................................................................................................................... 9
2. Intake ......................................................................................................................................... 10
3. Exit and Re-Enrollment ............................................................................................................. 10
4. Overflow Management ............................................................................................................ 12 D. Participant Records and Master File ......................................................................................... 13
1. Participant Guidelines ............................................................................................................... 14 E. Performance and Reporting ..................................................................................................... 15
iii
1. Expected Metrics and Performance Outcomes ........................................................................ 15
2. Reporting ................................................................................................................................... 16 F. Good Neighbor Policy................................................................................................................ 17
1. Communication and Coordination with Neighborhood, Businesses and Public ...................... 17
2. Communication and Coordination with Local Police and Fire Departments........................... 18
3. Communication and Coordination with City, County, and Service Providers ......................... 18
4. Policies for Community Involvement ....................................................................................... 19
5. Policies for Neighborhood Patrol ............................................................................................. 19
6. Navigation Center Advisory ...................................................................................................... 20 G. Transportation Policies ............................................................................................................. 20
1. Transportation Flow On and Off Property ............................................................................... 20
2. Pedestrian and Bicycle Traffic .................................................................................................. 21
3. Bicycle Parking .......................................................................................................................... 21
4. Bus and Shuttle Transportation Services ................................................................................. 21
5. Personal Vehicle Transportation and Parking ........................................................................... 22
6. Staff Transportation of Participants .......................................................................................... 22
7. Delivery of Goods and Community Donations.......................................................................... 22
8. Day Leave and Returning Participants ...................................................................................... 23 H. Food Policies ............................................................................................................................. 23
1. Provision of Nutritional Needs of Participants ......................................................................... 23
2. Meeting the Health Department Standards ............................................................................ 23
3. Provisions for the Sanitary Storage and Preparation of Food ................................................. 23 I. Safety Policies ............................................................................................................................ 24
1. Facility Maintenance ................................................................................................................. 24
2. Emergency, Incident, or Natural Disaster Safety ..................................................................... 24
3. Security Policies ......................................................................................................................... 26
4. De-escalating Conflicts ............................................................................................................. 28
5. Policy Regarding Participant Possessions ................................................................................ 29 J. Health Policies ........................................................................................................................... 30
1. Housekeeping Policy ................................................................................................................ 30
iv
2. Pet and Service Animal Policies ................................................................................................ 31
3. Controlled Substances............................................................................................................... 31
4. Prescription and Over-the-Counter Medications ..................................................................... 32
5. Participant Access to Medical Care .......................................................................................... 32
6. Policies & Procedures for Disease Prevention ......................................................................... 33 K. Financial Policies ..................................................................................................................... 33
1. Financial Requests from Participants ....................................................................................... 33
2. Participant Possessions and Funds .......................................................................................... 34
3. Annual Outside Audit ............................................................................................................... 34
4. Financial Reports Review ......................................................................................................... 34
5. Fiscal and Programmatic Reporting .......................................................................................... 34 L. Legal Policies ............................................................................................................................. 34
1. Policy for Compliance with Local Laws and Regulations ......................................................... 34
2. Policy for Compliance with Labor Laws and Regulations ......................................................... 36 M. Non-Discrimination Policies..................................................................................................... 36
1. Policy for Compliance with Americans with Disabilities Act ..................................................... 36
2. Gender-Specific Programming Policy ....................................................................................... 36
3. Sexual Harassment Policy ......................................................................................................... 37
4. Policy Regarding Sex Offenders ............................................................................................... 37 N. Confidentiality Policies ............................................................................................................. 37
1. Personal Confidentiality ........................................................................................................... 37
2. Database Confidentiality Policies ............................................................................................. 39
3. Exceptions to the Confidentiality Policy .................................................................................. 39 O. Grievance Policies ..................................................................................................................... 39
1. Receiving and Posting .............................................................................................................. 40
2. Whistleblower Policy ................................................................................................................ 40
1 SECTION I. PURPOSE
The purpose of the Management, Operations and Public Safety Policies and Procedures (Policies and Procedures) is to outline expectations, roles, and responsibilities with respect to site management and operations of the year -round Thousand Oaks Navigation Center (Navigation Center) located at 1205 Lawrence Drive.
The Policies and Procedures reflect federal, state, and local requirements and best practices to maintain a safe and healthy environment for participants and the community at large. The Policies and Procedures also align with federal Housing and Urban Development (HUD) and Ventura County Continuum of Care (VC CoC) standards, while simultaneously considering the City’s unique conditions and needs with respect to our unhoused population.
SECTION II. ROLES AND RESPONSIBILITIES
A. Operator
i. Many Mansions is an experienced owner and operator of affordable and permanent supportive housing in Ventura County and is the Tenant of this project’s ground lease. ii. Hope the Mission, formerly Hope of the Valley, is an experienced operator and supportive service provider for emergency shelter and navigation centers, currently providing over 1,500 beds in 15 other site locations to people experiencing homelessness. iii. The performance of the services outlined in these Policies and Procedures shall be performed by the Operator as more particularly described in the “Division of Responsibility” outlined in the Scope of Services as part of Exhibit A of the Professional Services Agreement , which allocates primary responsibility for specific services .
Notwithstanding the assignment of primary responsibility of any services , Hope the Mission and Many Mansions shall be jointly responsible for performing all obligations of this agreement and therefore are collectively referred to herein as “Operator.”
1. Operator Responsibilities
The Operator will develop policies and procedures , satisfactory to the City of Thousand Oaks (City) and the County of Ventura (County) , and consistent with the Professional Services Agreement, these Policies and Procedures, and all applicable local, state, and federal laws, rules and regulations necessary to operate the Navigation Center effectively and to ensure the site is operated in a manner consistent with its intended use. All policies and procedures of the Navigation Center Operator shall incorporate the following competencies as integral to the design:
i. Low Barrier Access and Services
ii. Housing First
iii. Harm Reduction
iv. Trauma-Informed Care
2 v. Participant-centered
vi. Culturally Competent
vii. Participant and operator dignity and respect
The Operator is responsible for the day- to-day activities, oversight, and management of all logistics and operations of the Navigation Center. At minimum, the operator will ensure:
i. All codes, laws, and regulatory requirements from the City, County, and any current or future funding sources are adhered to, including all City and County funding, as well as the requirements of the Encampment Resolution Funding Program, authorized by Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (Cal. Health and Safety Code § 50250).
ii. Regular communication with the City and the County. iii. Services are provided in a manner satisfactory to and consistent with any standards required by the City and County, or required as a condition of receiving Navigation Center funds. iv. The Navigation Center is responsive to the neighbors, the City, the County, and the entire community, including implementing the Good Neighbor Policy. v. The background and qualifications of the Operator’s staff and contractors providing services are appropriate for the persons being served and meet the minimum standards established by applicable licensing bodies.
vi. Participants will be given a copy of their signed copy of any document that requires their signature. This includes, but not limited to intake paperwork and Navigation Center participant rules or expectations.
vii. The Operator’s staff must assist all participants who may have difficulty understanding or reviewing the rules and participant responsibilities or participating in services . All participants shall receive services that are linguistically and culturally appropriate. viii. The recruitment and management of necessary service provider partnerships to provide the scope of work required to serve the participants.
ix. Participate in the Ventura County Homeless Management Information System (VCHMIS) and Coordinated Entry System (CES) to receive and send referrals for housing and services.
2. Service Provider Partners
The Operator may contract with third parties to provide services at the Navigation Center (“Service Provider Partners”). All Service Provider Partners who desire to offer direct services at the Navigation Center will be required to enter into a formal Memorandum of Understanding (MOU) with the Navigation Center Operator to participate.
Responsibilities of the Service Provider Partners will include, but are not limited to:
i. Agree to share service output and outcome information. ii. Submit referrals via VCHMIS by completing the eligibility assessment for each participant referred to the Navigation Center.
iii. Respect and cooperate with Navigation Center staff, other service providers , and participants.
3 iv. Participate in Navigation Center Advisory meetings and provide input to the improvement of the Navigation Center and service delivery.
v. Screen participants for eligibility (no sex offenses or felonies with open warrants will be allowed on-site).
vi. Coordinate with the Operator to schedule appointments with participants and reserve meeting rooms, as necessary.
vii. Provide participants access to transportation to fulfill their scheduled appointments, if needed.
viii. Adhere to housekeeping standards and schedule, and to keep their areas clean after usage.
SECTION III. NAVIGATION CENTER ADMINISTRATION
A. Description
The Navigation Center will serve as a full -service emergency shelter and navigation center. It is designed to provide safe shelter, basic needs, case management , and access to resources on an interim basis for the purpose of assisting individuals and households to quickly secure and move into suitable permanent housing and to achieve stability in that housing.
The Navigation Center will comprise of not less than twenty seven (27) interim living modules that accommodate thirty (30) occupants, with twenty four (24) individual units and three (3) double occupancy units for couples, with potential capacity for expansion to accommodate as many as fifty (50) occupants, along with wet areas (including common restrooms and restrooms adjoining certain units), common areas (including, ancillary dining, laundry and storage facilities for residents) and office and administration facilities for operation. .
1. Participant Eligibility
Those accessing the Navigation Center will include single individuals and couples age s 18 and older who are chronically or recently homeless.
i. A “participant” is eligible if the person meets the definition of “homeless” in Section 578.3 of Title 24 of the Code of Federal Regulations.
ii. Participants must be able to manage Activities of Daily Living (i.e., ability to transfer in and out of a bed, bathe, dress, and address hygiene needs independently).
Participants must not need hospitalization or skilled nursing care. iii. Each participant will be screened for sex offender and active felony warrant status before admission and prior to arrival at the facility. The Operator will work cooperatively with the Thousand Oaks Police Department and Ventura County Sheriff’s Department and will utilize http://ws.ocsd.org/ArrestWarrants to screen participants for open warrants.
2. Hours of Operation
The Navigation Center will operate 24 hours, 365 days per year. These hours of operation will be in effect seven days per week, every week regardless of holidays or weather.
4 3. Accessing the Navigation Center
The Navigation Center will operate by bed reservation only. N o walk -ins or bike -ins will be accepted. Participants will be expected to utilize the transportation options provided to them by the Operator. The no walk-up/bike- up policy will be posted and disseminated throughout the community.
The Operator will provide a bus/shuttle schedule with clear pick -up and drop- off times and locations. Participants should arrive at the designated bus /shuttle pick-up location or at the Navigation Center through their own transportation, and in accordance with the Transportation requirements in Section G. Those who do not arrive at the designated time without communicating previous arrangements will forfeit their bed for the night.
Participants will not be allowed to loiter in the neighborhood surrounding the facility or the bus/shuttle pick-up locations. There will be strict enforcement of participant contract rules which could result in permanent exit from the facility if not followed. Pick -up and Drop-off locations are an extension of the Navigation Center and thus any violation such as loitering constitutes a violation of the Navigation Center rules which will be strictly enforced. Operator/Security will conduct random daily checks of ½ mile radius to Navigation Center and drop-off/pick-up locations to enforce rules and avoid loitering.
4. Coordinated Entry System Integration
The Navigation Center will be integrated into the CE S and utilize the V CHMIS and expected to adhere to all standards set by the VC CoC. The Navigation Center Operator will include in its staffing plan designated staff to conduct diversion screening and prevent those with other resources from entering the homeless shelter system. A dditionally, staff will be trained to complete on -site vulnerability assessments and connect participants to the CES Pathways to Home for permanent housing placement. Case Managers will also assist Navigation Center participants in obtaining the necessary documentation to move forward in their housing connection process, once matched to permanent housing opportunities by the Coordinated Entry System.
5. Local Preference
The Operator’s plan for referrals and establishing intake procedures will include a local preference for accepting referrals from Thousand Oaks based nonprofit organizations, law enforcement, and Ventura County agencies. Operator must intake new referrals through the VCHMIS where a preference will be established for persons from the City of Thousand Oaks who are eligible Participants. Additionally, five of the beds will be designated for referrals from Thousand Oaks Police Department, Ventura County Sheriff’s Office and/or emergency personnel or for special situations. The Navigation Center Operator will track daily bed inventory and communicate daily bed vacancies with service providers and street outreach staff through the Coordinated Entry System.
5 6. Length of Enrollment
Consistent with national best practices and trends, t he primary objective is to exit participant s to long-term permanent housing as soon as possible. The total length of stay should be individually determined, based on participant need, with a goal of less than 90 days. However, progress and engagement towards housing goals must be documented and reviewed every 30 days for the participant to be eligible for an extension, and bearing in mind that total length of one continuous stay cannot exceed six months (City of Thousand Oaks Municipal Code Sec.9—4.2525.11 Emergency Shelters), unless the City determines in its sole and absolute discretion to modify this requirement or grant an exception.
i Navigation Center participants may receive extensions on their length of stay, if they meet the following criteria:
• Participant has been matched to housing but has not been able to identify a suitable unit or is still going through the application process with a permanent housing provider.
• Participant is currently working towards one or more goals established in the Housing and Services Plan but not yet connected to a housing resource. The Operator is expected to apply a Low Barrier approach when considering a participant's progress towards their goal(s).
ii Participants who do not engage in any activities that will help them progress towards achieving the goals outlined in their Housing and Services Plan, after the Operator has done due diligence to engage them in these activities, may be exited from the Navigation Center. Due diligence attempts to engage participants must be documented via case notes in VCHMIS and are defined by multiple contact efforts by phone, or email, or other means (if relevant).
6. Storage
All participants will have limited access to individual storage space to secure their private possessions while using the Navigation Center. A limited number of outdoor storage bins will also be available to participants through a reservation process. . Additionally, a refrigerated storage area will be available to participants with medication needs. Participants will be required to surrender contraband and weapons to the Operator staff or they will be denied entry.
7. Case Management and Housing Navigation
Upon entering the Navigation Center, each participant will be assigned to a Housing Navigator and Case Manager . The primary objective is to extend support to participants through individualized support that will ultimately translate to housing stability.
i
Housing Navigation and Case Management Services includes but are not limited to completing necessary assessments, providing assistance to obtain necessary documentation (e.g. California identification), providing linkage to services (e.g. health care, behavioral health services, substance use treatment, employment, and identifying transportation to those services), accompanying the participant to housing appointments and/or leasing appointments, and assisting with the move in process (including identifying
6 resources for basic furnishings, accessibility modifications, or other expenses), and providing encouragement for participant to access all services provided at the Navigation Center and any community referrals necessary.
ii The Operator must provide housing navigation, case management, and support services in accordance with competencies outlined in section II of this document. iii
To maintain the momentum of participants' progress towards obtaining permanent housing, the Operator must offer case management services to each participant at least two (2) times per month . The frequency of how often case management services is offered to each participant can be increased depending on need and availability. iv All content, outcomes, and efforts on behalf of the Operator to engage a participant in Housing Navigation and C ase M anagement services should be documented in VCHMIS as well as the response from the participant. Documentation may also include barriers encountered and the Operator’s attempts to circumvent barriers by enlisting community partner agencies or City or County staff, as appropriate. Documentation should follow all VC CoC requirements and be in a manner that is timely, succinct, objective, and factual.
v The Operator is recommended to maintain a staff ratio of approximately one (1) staff to every fifteen (15) participants for optimal service delivery.
Case Management c aseloads should be determined through consultation between line and supervisory staff while examining the level of acuity/need and the amount of contact that is needed to successfully engage the household.
8. Housing and Services Plan
Following intake and assessment, and w ithin two (2) business days of participant’s arrival , the Case Manager should work side-by-side with the participant to complete a Housing and Services Plan, which will guide their efforts toward securing permanent housing opportunities. Case Managers will assist participants in obtaining the necessary documentation to move forward in their housing connection process and match to permanent housing opportunities through the Coordinated Entry System. However, this will not be their only housing plan option. The case manager will continue to assist participant to either self -resolve their housing or to seek other housing and treatment opportunities, on an individualized basis.
i. Progress and engagement towards housing goals must be documented and reviewed every thirty (30) days. Participant’s engagement in this review process is required to be eligible for an extension to stay at the Navigation Center of an additional thirty (30) days. If a participant’s stay exceeds ninety (90) days, intensified housing location and exit plan strategies will be implemented. No extension will be provided that results in a total length of stay that exceeds six (6) months, unless specifically authorized by the City in writing.
7 B. Navigation Center Services and Activities
1. Baseline Services
The Navigation Center shall incorporate a combination of basic needs services as well as supportive services aimed at creating pathways into housing and self -sufficiency. Navigation Center services will be provided either directly by Hope the Mission or through service provider partnership arrangements, in consultation with the City. Each participant must be individually assessed for the types of services needed. At a minimum, the Navigation Center shall include the following baseline services (in ranked priority):
i. Twenty-four (24) hour bed availability
ii. Intake and Assessment
iii. Housing Navigation (for participants not receiving Housing Navigation services from another provider)
iv. Case Management (if participants are receiving Housing Navigation services from an external provider, Navigation Center Case Managers must continue to provide additional Housing-Focused Case Management services to support and augment Housing Navigation services, to coordinate and facilitate housing placement)
v. Residential Supervision
vi. Crisis Evaluation – Behavioral Health
vii. Crisis Intervention & Conflict Resolution
viii. Victim Services with Trauma Informed Care (refer to victim service providers)* ix. Security
x. Meals/ Food
xi. Restrooms & Shower Facilitie
xii. Laundry Facilities & Hygiene Items such as soap, etc. xiii. Transportation Assistance
xiv. Health Clinic (connect to the County Health Care Agency and Medi-Cal Benefits) xv. Storage
xvi. Computers for email and Benefits/Employment Services xvii. Life skills
xviii. Parking
xix. Homeless Prevention/ Diversion Assistance
xx. Substance Use Treatment (on/off site)
xxi. Behavioral Health Treatment (on/off site)
xxii. Employment/ Job Placement
xxiii. Pet Kennel and Services
xxiv. Recreational Activities
xxv. Information and Referral Services
xxvi. Clothing Donation and Distribution
xxvii. Electronic Charging Stations
xxviii. Access to Phones which participants can use
8 * For participants who identify as fleeing domestic violence, stalking, sexual assault, or other form of interpersonal violence, the Operator must follow VC CoC Written Standards for HUD CoC and ESG and must offer a connection to a victim service provider at a confidential location to ensure the safety and wellbeing of the participant. The term `victim service provider' means an organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. This includes Interface Children and Family Services, the Family Justice Center, or the Coalition for Family Harmony in Ventura County.
2. Daytime Activities
As a 24-hour Navigation Center, the Operator will encourage all participants to stay on-site during the day and to take advantage of the on-site services provided to them. Daytime activities include but are not limited to, the following:
• Full access to daytime services provided by the O perator and service provider partners through appointments made at the Navigation center.
• Life skills classes and workshops.
• Indoor and outdoor recreational activities including exercise classes and designated outdoor spaces.
• Access to onsite computer lab and study area.
Participants may use the bus/ shuttle provided by the Operator or their personal vehicles if they desire to leave the facility during the day for work or personal appointments.
The Operator must allow for in and out access of the Navigation Center between 6:00 AM and 10:00 PM and accommodate access for anyone who may have employment or other important scheduling needs outside of designated bus/shuttle times.
3. Daily Schedule
Recommended daily schedule:
5:00 AM Early Wake Up Call
5:30 AM-8:00 AM Breakfast served
6:00AM First bus/shuttle for morning drop-offs
7:00 AM Second Wake Up Call
8:00AM-8:00PM Navigation Center Open
8:00 AM-10:00 PM Commons Area open
8:00 AM-7:00 PM Recreation Room open
8:00 AM- 10:00 PM Pet Kennel and Dog Park/Run open
10:00 AM Second (final) bus/shuttle for morning drop-offs
9 10:00 AM- 4:00 PM Computer/Technology Lab open (by appt only) 11:00 AM-1:00 PM Lunch served
3:00 PM-4:00 PM Snack served
4:00PM First bus/shuttle for evening pick- ups
6:00 PM-9:00 PM Dinner served
7:00 PM Second bus/shuttle for evening pick- ups
10:00 PM – 8:00 AM Quiet Hours
4. Services for Participants
Access to the services offered at the Navigation Center will be limited to participant s of the Navigation Center.
C. Bed Reservation, Intake, Exit, Re-Enrollment, Overflow Management, and Participant Records
The Operator must develop and adhere to written policies and procedures for Bed Reservation, Intake, Exit, Re-Enrollment Overflow Management, and Participant Records that follow VC CoC guidance, including the Written Standards for HUD CoC and ESG and the HMIS CES Entry, Assessment, Referral and Exit, as well as incorporate the following.
1. Bed Reservation
i. The Operator will work with County and City to identify the Bed Reservation process utilizing the Coordinated Entry System and VCHMIS where a preference will be established for persons from the City of Thousand Oaks based upon their unsheltered status and where five of the beds will be designated for referrals from Thousand Oaks Police Department, Ventura County Sheriff’s Office and/or emergency personnel or for special situations. (see section III.A.5, local preference).
ii. The Bed Reservation process must be clearly communicated to the community and service provider partners and minimize neighborhood impact.
iii. Prospective Participants will be screened for Navigation Center Participant Eligibility (section 2.3.1 of this document), as well as diversion, utilizing the Coordinated Entry System’s Vulnerability Assessment Tool . If they have an alternate, habitable location where they may stay, they will be diverted from occupying a Navigation Center bed until their resources have been exhausted.
iv. The Operator will arrange transportation and ensure the bus/shuttle only transports prescreened, eligible participants to the Navigation Center site. v. The Bed Reservation policy should outline a process for identifying and tracking “excused” versus “unexcused” absence to avoid unnecessary exits. vi. The Operator to manage and update daily, the Navigation Center bed reservations and vacancy. Bed vacancies will be disseminated daily to Coordinated System Entry service
10 providers, street outreach staff, and other designated referral partners to ensure that bed utilization is maximized each evening.
2. Intake
i. The Operator must allow for intake of new participants to be completed throughout the week and as needed on weekends to ensure the site is at full capacity at all times . To the extent reasonably possible, Navigation Center intakes will be completed Monday - Friday during normal business hours to ensure a case manager is onsite to provide support.
Efforts will be made to accommodate same -day intake appointment requests, especially from local law enforcement.
ii. The Intake policy should identify any security screening processes and participant rules and regulations, as well as a checklist of required paperwork and documentation. The Operator must use a low barrier approach . If the participant does not have the required documentation upon entry, the Operator must assist the participant to obtain. iii. All participants will receive a Navigation Center-specific identification card upon entering the Navigation Center that will be used for readmission during the duration of their stay.
Navigation Center ID components include a photograph, name and other identifying information.
iv. Copies of the signed forms are expected to be uploaded to participant VCHMIS accounts within 48 hours of intake, including the participant’s VCHMIS Release of Information (ROI). During intake, the participant is assigned a unit and given a tour of the site. v. The Operator will conduct a health screening within 24 hours of new participant’s arrival and enter a service transaction for screening into HMIS.
3. Exit and Re-Enrollment
i. The Operator will establish expectations for lengths of stay and eligibility for extensions, as well as when participants should otherwise be exited from the Navigation Center and when they can be re-enrolled (e.g., not utilizing a unit; hospitalization, incarceration, safety violations, or programmatic violations).
ii. The Operator will make every good-faith effort to move participant out of the Navigation Center and into a permanent housing opportunity as quickly as possible.
When possible,
the Operator should avoid discharging participants directly to the streets or places not meant for human habitation and instead attempt to facilitate a transition to another interim housing program. When a participant has been successfully linked to another interim housing program, the Operator should provide the necessary support to ensure a successful transition.
iii. All exits should be evaluated by the Operator’s Program Manager, or their designee before final exit notices are given to participants. It is recommended to have an exit checklist that can provide credibility to the exit procedure and ensure that the exits are supported by objective facts.
iv. The Operator must exit the participant from enrollment in the Navigation Center when the following conditions are met:
a. Participant is successfully placed in permanent housing. b. Participant relocates or reunifies with family and self -resolves their housing situation.
11 c. Participant enrolls in another interim housing program (crisis, bridge, recuperative care, treatment, etc.) or transitional housing program. d. Participant is deemed a risk to the safety of the Operator’s staff or other participants. e. Participant will be hospitalized or incarcerated for seven (7) consecutive days or more.
f. Participants who miss check-in for three (3) consecutive bed nights with unexcused absence (that is, upon missing check-in for the third night in a row). v. The Operator must not exit a participant for the following reasons:
a. For missing check-in for two (2) consecutive nights with unexcused absence. b. Active substance use issues.
c. Active health or behavioral health issues.
d. Failure to have an income.
e. Failure to abide by personal budget.
f. Medication non-compliance.
g. Or generally considered “difficult to work with”.
vi. On expiration of the Participant agreement, the maximum stay allowed, or other termination, participant must immediately move out. Participants are “participants” as defined under Health and Safety Code Section 50582 and do not have right of tenancy under California Law.
vii. The Operator shall make effort to complete an exit interview with participants to document their destination, contact information, housing type (including whether exit is to homelessness), and referrals or linkages to other services. If the Operator is unable to complete an exit interview with participant prior to exit, staff will enter and Exit Case Note in HMIS explaining the circumstances of departure and resources available for participant in the event they return seeking services.
viii. Exit information shall be entered into VCHMIS within 24 hours of the participant’s exit and in accordance with VC CoC requirements.
Rule Violations and Infractions
i. The Operator should be balanced in their approach to exits and readmission policies, as it pertains to rule violations and infractions. Such policies include considerations to maintain a safe and effective facility; safety for participants, volunteers, staff and the surrounding neighborhood; as well as demonstrate compassion toward individuals experiencing homelessness who face increasingly vulnerable situations if forced to exit from a shelter situation to places not suitable for human habitation.
ii. It is recommended that violations and infractions be subdivided in a multi -tiered system based on the perceived impact of the infraction on the Navigation Center and other participants. Consequences for each tier level should be fitting and just for the level of the infraction and its perceived impact on the wellbeing of the Navigation Center and fairly implemented for all participants.
a. As an example, a Tier 1 level may include “Basic Navigation Center Guideline Infractions” such as smoking in unpermitted areas (including inside the unit), cutting in line, etc. Tier 2 may include “Moderate Infractions” such as possessing marijuana or alcohol on site, participant fighting (minor scuffles), disrespect toward staff/volunteers, etc.
12 b. For disobedience of rules in Tier 1 or Tier 2 there will be increasing enforcement actions including verbal warnings and write -ups. After a compounded number of infractions in these tier levels, a participant may be asked to leave, and staff will determine and give them the designated timeline for which they can be readmitted. c. Infractions at the Tier 3 level would be “Major Infractions” that include illegal drug use or possession, violent attacks/fights, possession of weapons, etc. The Operator shall maintain a zero -tolerance policy towards criminal activity including but not limited to: violence and/or sexual misconduct, as well as drugs and medications used or possessed beyond the scope permitted in the “Health Polices” or by law.
These behaviors, when substantiated, are punishable by immediate exit upon the first offense.
d. Participants who use the facility and services in violation of a specific rule will be obliged to adhere to those consequences. The consequences may also be subject to intervention by law enforcement, and if necessary, prosecution up to the limit of the law.
iii. When a participant is asked to exit due to violation of rules, violence, or criminal activity, the Operator will escort the person off the property with the support of security personnel and those exited will be transported to a self -directed location within a ½ mile radius outside the Navigation Center, but with the City of Thousand Oaks.
Re-enrollment
i. The Operator must have a policy about how to manage the return of participants who are exited, including those exited due to concerns about the safety of other participants or staff created by the exited participant and in compliance to the VC CoC Standard of Care. When there are circumstances that might impact the safety of the Operator staff as well as other participants, a meeting shall be held between all parties to evaluate the suitability of a participant for re-enrollment to the Navigation Center. ii.
The Operator should re -enroll participants that have been exited due to unapproved absences, if a bed is available.
iii. If a participant exits due to either a medical, mental health or substance abuse recovery opportunity, the Operator staff may hold their bed up to seven ( 7) days after which time their bed will be released for new participant intakes. If the participant is gone from the Navigation Center for a longer period, due to their medical, behavioral health and/or substance abuse needs, they are eligible for reentry if they wish to return to the Navigation Center after a successful exit from the medical, mental health and/or substance abuse program. The participant will be placed at the top of the interest list and placed in an Outreach or PD reserved bed when available.
4. Overflow Management
The Bed Reservation process should be designed to prevent and minimize overflow and capacity issues at the Navigation Center. A daily bed utilization count will ensure that the bed capacity will be fulfilled each evening, as need for beds persist. In the event the bed capacity of the Navigation Center is reached a plan will be implemented that includes coordination of the following diversion and redirection strategies:
13 i Homeless Diversion - The Operator will include homeless diversion screening at intake to ensure that those with alternative resources will not be accessing the homeless system. The Operator will either provide themselves or partner with an agency that can offer successful diversion assistance.
ii Coordination with Transitional and Bridge Housing providers - The Operator will work with service providers with Transitional and/or Bridge Housing vacancies. This form of housing will be utilized by returning participants who have been matched with a hous ing opportunity and will soon move into permanent housing. This strategy will increase the Navigation Center bed turnover rate as participants are successfully matched to alternate housing opportunities.
iii Coordination with other Navigation Center providers - The Operator will partner with other emergency shelter providers to redirect overflow to any additional shelter beds that may be available in the county.
D. Participant Records and Master File
i. The Operator will actively participate in the Ventura County Coordinated Entry S ystem, Pathways to Home and enter all participants into the VCHMIS and maintain participant records in compliance with all VC CoC standards and requirements. ii. The Operator will keep participant records and case notes in both hard copy paper files and in the VCHMIS database.
iii. The Operator will ensure policies of confidentiality are followed by all staff, contractors, and volunteers (see also section N). The Operator shall have a policy restricting computer access records and participant information to authorized staff. All database and HMIS access will require passwords by authorized users. Paper files will be stored in a secure, locked location only accessible by necessary staff.
iv. The Operator must maintain a file for each participant that contains the following, but not limited to:
Document Guidance
Participant Identification Required – see VC CoC standards Participant Guideline Agreement Form Operator created form. Must be dated and signed by participant and Operator.
Grievance Procedure Acknowledgement Form Operator created form. Must be dated and signed by participant and Operator.
VC CoC-approved CES Triage Tool/ Survey
If completed during intake (or print the
“Client Summary Report” from VCHMIS if a
CES survey result is provided)
VC CoC Homeless Certification Form and/or
required institutional documentation Required – see VC CoC standards Income Verification Forms
Third party verification preferred, e.g., DPSS
Verification of Benefits, Social Security
award letters, pay stubs, and bank statements.
Self-Declaration of Income acceptable. See
VC CoC standards
Housing Service Plan Required
14 Budget Tool Optional, use as needed
Case Notes Required
Incident Reports, Notices Served to Participant Required if applicable; document in HMIS case notes as well
Exit Summary Form, including Reunification
Certification Form and Transportation Assistance
Request Form as appropriate
Required
HMIS Consent forms Required
TB Test/ Acknowledgement Required
Participant’s Rights and Responsibilities
Acknowledgment
Operator created form. Must be dated and
signed by participant and Operator.
Code of Conduct Operator created form. Must be dated and signed by participant and Operator.
Pets and Services Animal Agreement (if
applicable)
Operator created form. Must be dated and
signed by participant and Operator.
Mail Service Agreement (if applicable) Operator created form. Must be dated and signed by participant and Operator.
Medication Storage Agreement (if applicable) Operator created form. Must be dated and signed by participant and Operator.
1. Participant Guidelines
The Operator must incorporate as part of their services, a set of participation guidelines that serve as protocols for ensuring the safety and security of participants, as well as program staff. i Participation guidelines must incorporate language to support the competencies outlined in section II of this document, including a Low-Barrier and Harm Reduction approach.
ii. Participation guidelines must be participant-centered to minimize barriers to accessing a Navigation Center bed and also prevent/minimize exits due to Rule violations.
iii. Participation guidelines should address safety and security concerns, and any agency policy and procedure for search and seizure of property (search and confiscation of weapons and other contraband).
iv. Participation guidelines should also identify transportation and parking requirements (and when participant vehicles may be subject to towing at owner’s expense), as well as enforcement of rules within ½ mile radius to Navigation Center and bus/shuttle drop-off/pick-up locations.
v. Participation guidelines should clearly state that the Operator and/or Service Provider partners are not responsible for lost or stolen items.
vi. Participation guidelines must be made available to County and City staff upon request and will be subject to review and approval.
vii. The Operator must create a Participation Guideline Agreement form. viii. The Operator must review the form with the participant upon enrollment. The form must include a participant consent section that is signed and dated by the
15 participant with a witness signature and dated to be signed by the Operator. Upon signature of the Participation Guideline Agreement, the participant is consenting to participate in the Navigation Center and is certifying that they have read (or have been read) the participation guidelines, and that they understand and consent to the expectations regarding abiding by the guidelines.
E. Performance and Reporting
Every effort shall be put forth to make homelessness rare, brief, and non-recurring. To this end, performance will be key. Performance measures for the Navigation Center will adhere to guidelines and expectations set forth by the U.S. Department of Housing and Urban Development’s HEARTH Act, the VC CoC, as well as any performance measures required by Navigation Center funding that may be identified now or in the future. The Navigation Center should not be regarded as a singular program but should provide support to the entire VC CoC helping to move the system towards higher a level of system performance, a reduction in the number of persons who experience homelessness in our community, and an increase in access to housing opportunities for chronically homeless individuals utilizing the Navigation Center services. Indicators for measuring effective system performance should include the following key considerations:
• Reduction in Clients Experiencing Homelessness for the First Time:
Are fewer people experiencing homelessness for the first-time? Are only persons who have no safe, appropriate housing option being admitted to shelter? • Overall Reduction in Number of Persons Who Experience Homelessness:
Are overall rates of homelessness declining? Is street homelessness declining? Is chronic homelessness declining?
• Reduction in the Length of Time Persons Experience Homelessness:
Do people stay homeless for shorter periods of time? A reasonably short length of time homeless indicates system and program success in rapidly re -housing persons who are homeless. It can also indicate efficiency related to turnover of beds which is essent ial to meet system demand for Navigation Center.
• Successful Resolution of Housing/Homeless Crisis:
Do people resolve their housing/homeless crisis successfully by maintaining/obtaining permanent housing? Are people successfully connected to community-based supports? • Reduction in Recidivism (subsequent return to homelessness):
Are repeat occurrences of homelessness avoided or declining?
1. Expected Metrics and Performance Outcomes
Operator shall maintain and report on the following minimum metrics i. Number of participants served
ii. Number ineligible/ declined
iii. Number of days in emergency shelter for each participant iv. Numbers of participants exiting to permanent housing v. Numbers of participants exiting to other acceptable exits (treatment, transitional housing as appropriate)
16 vi. Numbers of participants with an increase in income, including disability income and other public benefits (Navigation Center services will initiate services related to income stability that will continue in permanent housing)
vii. Number of participants who return to homelessness within 12 months viii. Outreach and service path data at the anonymized, individual level ix. Current housing status of participants served in aggregate x. Continued confirmation that this data I populated timely into HMIS and using appropriate codes, as required by funding sources.
Operator shall exercise reasonable diligence to achieve the following Performance Outcomes i Maintain a Daily Occupancy rate at the Navigation Center of seventy percent (70%) of the total available bed capacity.
ii The Navigation Center will have twenty-seven (27) individual units and serve up to thirty (30) participants (at one time, with a minimum of twenty-seven (27) beds; twenty four (24) single occupancy units and three (3) units for couples). iii Reduce the overall number of individuals experiencing homelessness within the City of Thousand Oaks.
iv Connect seventy-five percent ( 75%) of the Navigation Center participants with stable housing or “positive” exits to other acceptable living arrangements such as residential treatment, transitional housing, or reuniting with relative. v Increase each participant’s income as appropriate, including disability income or other public benefits.
vi The length of stay goal is thirty (30) days from the date of intake, which may be extended on a case-by-case basis, in conjunction with verified housing plans. The maximum length of stay of six (6) months (City of Thousand Oaks Municipal Code Sec.9 —4.2525.e.11), unless specifically authorized by the City in writing.
2. Reporting
i Navigation Center Metrics and Outcomes shall be reported quarterly to County and City staff and shared at a minimum annually with the respective Board of Supervisors/City Council(s). Reports shall be submitted on a form approved by the City and include all information reasonably required by the City. Operator shall provide data in a manner consistent with state and federal law, and the VCHMIS.
ii Comply with conditions and requirements and submit required data related to current or future funding sources to fund the operations of the Navigation Center, including but not limited to City, County, State, or Federal funding sources.
17 F. Good Neighbor Policy
This Good Neighbor Policy sets forth minimum guidelines aimed at supporting an amicable relationship between the Navigation Center and surrounding community. It helps identify ways for the Navigation Center Operator to proactively work together with the community stakeholders to build community trust and strengthen the dialogue between residents, businesses, and service providers.
1. Communication and Coordination with Neighborhood, Businesses and Public The Operator should be committed to communication with neighbors on an ongoing basis. As part of this commitment, prior to commencement of any services at the Navigation Center, the Operator will facilitate community outreach efforts to ensure ongoing communication and proactive responses to any issues . These community outreach efforts will provide opportunities to answer any questions members of the surrounding community might have on the operation of the Navigation Center . The Operator will provide information to the public including operational design plans, estimated date to begin and complete construction efforts on the project, operational components, programmatic outcomes, and engage in dialogue about any proposed changes to the Navigation Center that may have a real or perceived community impact.
A public inquiry phone number and contact information will also be posted. Community stakeholders may call this number for information about the site or to have any questions answered.
The phone number will be retained as a resource for community members w hile the Navigation Center is up and operational. All community complaints and/or inquiries about the Navigation Center will be recorded and forwarded to the appropriate staff for prompt investigation. The Operator will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority.
The Operator will also create and maintain a website that will include important information about the Navigation Center for community stakeholders and participants alike. The website will include a “Frequently Asked Questions” section which will help to provide instant answers to community concerns. Additionally, the website will include a digital copy of the Operator’s full “Good Neighbor Policy” and “Management, Operations, and Safety Plan Policies and Procedures” to be made accessible to the public.
Visits by members of the community and tours of the facility will be available by scheduling an appointment with Operator Staff.
The Operator will have Navigation Center brochures available on-site as well as disseminate these resources to groups throughout the community. Information on the brochures will highlight the various services at the facility as well as criteria for admission and eligibility. Volunteer, in -kind, and donation opportunities will also be listed for those who wish to support the Navigation Center.
The Operator will create a set of media guidelines and appoint a Public Relations team to handle all media requests. The Public Relations team will be charged with ensuring that the public is regularly updated on the progress and successes of the Navigation Center through various local media outlets.
18 2. Communication and Coordination with Local Police and Fire Departments The Operator shall be committed to communicating and working collaboratively with local police and fire departments through all stages of program matic implementation from facility design to program execution. The operator will ensure that staff and security are trained to properly manage and respond to an array of difficult situations that may occur at Navigation Center, and use proper judgement to contact police and / or fire and paramedics to address health and safety issues.
The Operator will provide an array of services and support that will be beneficial to local police and fire departments. These services include, but will not be limited, to:
• Security Officers stationed on-site.
• On-site clinic facilities to respond to medical needs of the participants. • Creation of an on-site police substation, if desired. • Designated beds reserved each night for referrals from law enforcement and/or emergency personnel or for special situations.
• The Operator Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering, abandoned property, and other blight.
• Training opportunities on mental illness, homeless sensitivity, or other topics of interest to supplement existing trainings and VC CoC provider trainings. • Direct referral access to the Coordinated Entry System to assist local law enforcement officers to connect homeless individuals with housing opportunities. • Statistical reports on number of participant s served, length of stay and/or demographic information.
Additionally, the Operator will meet with City, County, and local law enforcement. Initially, it is suggested to meet once a month for at least three (3) months from when the Navigation Center opens, then quarterly, as needed. Law enforcement will have the ability to bring forward the Operator’s non-performance directly to the City and County.
3. Communication and Coordination with City, County, and Service Providers The operation of the Navigation Center will be for the public good and will be an integral element for the homeless Continuum of Care system. As such successful implementation of the Navigation Center will require the partnership of various stakeholders including the City, County, and other Service Providers. In order to effectively manage and operate a robust Navigation Center that provides an array of services, the Operator must demonstrate strong collaboration and willingness to engage other service providers. To accomplish this, the Operator will:
• Collaborate, coordinate, and maintain partnerships with other service providers, community, and government agencies in order to enhance and maximize available resources for participants.
• Work in partnership with the VC CoC provider network to coordinate a smooth transition between interim and permanent housing.
• Establish and maintain effective working relationships with employment programs and education/career centers.
• Partner with other key stakeholders and establish MOUs as necessary and appropriate.
19 • Participate in regional meetings including VC CoC meetings, Pathways to Home case conferencing, and any other City or County stakeholder group, as identified. • Participate in the annual Homeless Point in Time Count. • Be responsive to and provide support to the County and City as needed, in relation to the outcomes and operation of the Navigation Center.
4. Policies for Community Involvement
The Operator shall be committed to active participation in city and county-wide community events.
To the extent reasonable and feasible representatives of the Operator will attend meetings of local Neighborhood Association(s) and local Chamber of Commerce(s) when invited and communicate with neighborhood and business participants.
Additionally, the Operator may sponsor or attend special events, such as community resource fairs, which will include the broader community.
5. Policies for Neighborhood Patrol
A Neighborhood Patrol led by the Operator staff will assemble to monitor the radius around the Navigation Center perimeter. The minimum patrol radius and minimum number of weekly patrols shall be determined in collaboration with the City , County, and law enforcement . Individuals on the patrols shall wear clothing that identifies them as Operator staff.
The role of this patrol group is to collect litter, promote cleanliness, engage with neighbors, and enhance safety and cleanliness of the immediate vicinity.
Additionally, the goal is to prevent and control issues of loitering, unauthorized parking of participant vehicles in the neighborhood, abandoned property, shopping carts and other blight. A log will be kept of all the patrols. The following actions will be completed by the Neighborhood Patrol:
• All litter and trash items will be removed from the area and properly disposed of. • Participants found loitering will be issued a warning. Violations of this rule may cause a participant to be exited from the facility.
• Monitor for unauthorized parking of participant vehicles in the neighborhood that may be subject to the Navigation Center policies, including towing. • The Operator will contact C ity designated shopping cart retrieval program to collect all shopping carts found that do not contain items of personal property. • The Operator will follow city codes for removing personal property found in surrounding area.
• The Operator will have staff conduct outreach and engagement activities , in collaboration with service partners and law enforcement, as needed, to the surrounding community areas to ensure anyone experiencing homeless can be screened for the Navigation Center or other program referrals.
20 6. Navigation Center Advisory Board
Advisory Composition
The Operator will establish a Navigation Center Advisory Board (“Advisory Board”) composed of key stakeholders with the intent to:
a. Regularly review the operations of the City of Thousand Oaks Navigation Center. b. Enhance community relations between the Navigation Center and the public. c. Address concerns of local community members, businesses, City, County and partner services providers pertaining to the operation of the City of Thousand Oaks Navigation Center.
The Advisory Board will include, at minimum:
a. Navigation Center Operator Manager
b. County of Ventura Representative (s)
c. City of Thousand Oaks representative (s)
d. City of Thousand Oaks Police Department Vulnerable Populations Officer(s) or other representative(s)
e. Two representatives from adjacent business community f. Two representatives from the adjacent residential community g. Service Provider Representative(s)
Meeting Schedule
The Advisory Board will meet quarterly . The Operator staff will schedule and coordinate the meetings.
Accountability and Grievance Process and Policies
In addition to providing input to the operation of the Navigation Center, the Advisory Board is also tasked with the ongoing review of the Management, Operations, and Public Safety Policies and Procedures , the Operator’s written operations manual and any other adopted policies and procedures, as well as working with the City, County, and the Operator to evaluate and refine for improve outcomes.
G. Transportation Policies
The Operator must develop and adhere to written policies and procedures for transportation that are designed to support participant needs and minimize potential impact on the adjacent residential neighborhood and businesses, while incorporating the following.
1. Transportation Flow On and Off Property
i The Navigation Center shall operate on a no walk-up / no bike-up model. ii New participants and returning participants will receive direct transportation to and from the Navigation Center daily.
21 iii Bus/shuttle locations will be selected in collaboration with the C ounty, City and law enforcement. The Operator will not drop-off/pick-up other than at agreed upon locations. iv The Operator will create a plan for safe and effective flow of traffic on and off the property based on the schematics of the property and surrounding neighborhood. Considerations should include provisions for pedestrian, bicycle, personal transportation and bus and shuttle services.
v The Operator shall have a reasonable accommodations policy for considering transit needs of participants.
2. Pedestrian and Bicycle Traffic
i Participants will be expected to utilize the transportation options that will be provided to them by the Operator.
ii The Operator will post and disseminate the no walk-up/bike- up policy throughout the community.
iii Any individual that does walk- up or bike -up will receive information on how to make a bed reservation, set -up appointments with the Navigation Center, and be provided transportation to a self -directed location out of the surrounding area to return only whe n the established reservation protocol has been followed.
3. Bicycle Parking
i A bicycle rack will be provided in a secured outdoor area (City of Thousand Oaks Municipal Code Section 9-4.2525(b)).
ii Participants are allowed one bike per person and are not allowed to store spare bike parts unless they fit in the outdoor bin or assigned unit.
iii Bus/shuttle transportation vehicles will be designed to transport bicycles to mitigate foot traffic to the facility. Participants with bicycles must use the bicycle racks on the shuttle /bus and allow drivers to secure them.
4. Bus and Shuttle Transportation Services
i The number of Operator -provided bus/shuttle trips shall be determined in collaboration with the City and County. There shall be consistent morning and afternoon/evening bus/shuttle times that meet the reasonable needs of participants in accordance with a schedule approved by the City.
ii Designated pick-up and drop-off locations and times will be selected in collaboration with the County, City, and local law enforcement. The Operator will not drop-off/pick-up other than at agreed upon locations.
iii Daily bus/shuttle will be provided to transport all screened participants. The Operator will ensure only pre -screened participants with bed reservations receive transportation to the site.
iv The Operator/Security will also conduct random daily checks of ½ mile radius to the Navigation Center and drop-off/pick-up locations to enforce Navigation Center rules and avoid loitering and homeless congregations.
v To avoid long term loitering at the bus/shuttle pick-up areas, participants may arrive at the bus/shuttle stop fifteen (15) minutes before the bus/shuttle departure time.
22 vi Drop-off/pick-up locations are an extension of the Navigation Center and thus any violation such as loitering constitutes a violation of the Navigation Center rules which will be strictly enforced.
vii Prospective new participants must be present at designated pick -up location and time, or risk forfeiting their bed.
5. Personal Vehicle Transportation and Parking
i. The Navigation Center parking lot will be available to the Operator staff. Volunteers, vendors, and community visitors may also park their vehicles in Navigation Center lot while at the facility. Per City of Thousand Oaks Municipal Code Section 9-4.2525(a), one off-street automobile parking space shall be provided per staff person during the largest shift, plus 1/5 of a parking space for each resident.
ii. Participant vehicles may be parked on Navigation Center property at the owner’s risk and liability, only in designated areas once the vehicle is registered with the program. Vehicles of participants eligible to park in the Navigation Center lot will be lis ted on the Vehicle Parking Form by license plate and participant name. Vehicles in lot overnight must be registered on this log each night. Security staff will include the parking lot during security rotations.
iii. All vehicles, including bicycles, must be operable. Abandoned or inoperable vehicles will be subject to tow at the owner’s expense. Additionally, the Operator may contact the police department to tow any vehicle found parked in undesignated areas outside the Navigation Center in the surrounding neighborhoods, as part of the Good Neighbor Policy, and the participant agreement signed at intake.
iv. The Operator will inform participants at intake that personal vehicles parked in the nearby neighborhood will be subject to towing at the owner’s expense. v. The Operator will ensure signs for designated participant vehicle parking and tow warnings are clearly and appropriately posted.
6. Staff Transportation of Participants
i. The Operator staff, including any other agents or employees, including volunteers, shall not be permitted to transport participants under any circumstances in their personal vehicles. Only designated staff in Operator owned/operated or contracted vehicles may transport participants.
7. Delivery of Goods and Community Donations
ii. Deliveries for Navigation Center goods and community donations will be dropped off in a designated area. The planned location for these designated drop- offs should take into consideration pedestrian, bike, and other vehicle traffic routes to minimize safety risks and impact to the Navigation Center site and surrounding area. iii. All deliveries of goods and/or donations will occur during normal business hours of 8:00am – 5:00pm.
23 8. Day Leave and Returning Participants
i. Participants may leave the Navigation Center during the day for employment or personal appointments.
ii. The Operator will have clear policy and procedure that is communicated to participants regarding how to leave and return. Policy should identify the designated time and locations of all buses/shuttles available to participants, required steps participants must take to save their bed reservation, and procedure for communicating special circumstances such as employment or discharge from the hospital, etc. iii. Participants who are unable to meet the evening shuttle (s) must arrange alternate transportation to the site, no later pickups will be provided.
H. Food Policies
The Operator must develop and adhere to clear written policies and procedures for food/ meals that incorporate the following.
1. Provision of Nutritional Needs of Participants
i The Operator will provide participants with three (3) meals per day for each individual, including at least two hot meals and meal options that reasonably accommodate special dietary needs. The Operator will ensure that meals will be nutritious and balanced. ii Participants will have access to water at all times, and when possible additional snacks will be provided for those who were not present during mealtime. iii The Operator may include in its in- kind donation strategies, opportunities for food donations and partnerships with local food banks.
2. Meeting the Health Department Standards
i The Navigation Center does not have an onsite kitchen suitable for meal preparation, so meals will be prepared at an approved off -site kitchen facility or through a third-party vendor.
ii The Operator and all kitchen staff will meet all Ventura County Environmental Health standards. Inspections will be completed by the Ventura County Public Health Department and Ventura County Environmental Health Department as appropriate. The appropriate certificates and approvals by the County will be posted in the Kitchen area of the facility.
All cook staff will be required to have completed the ServSafe Food Handler Program.
3. Provisions for the Sanitary Storage and Preparation of Food i The Operator will have adequate space for storage of dry foods, refrigerated foods, frozen foods, and supplies.
ii The Operator will provide extra refrigeration and freezer appliances as needed to supplement safe storage of food, if space is available. iii Separate refrigerator/ freezer space should be available for participant medications.
24 iv Current certificates of food handling safety will be posted in the kitchen area and in the employee file for each cook. Cooks and volunteers assisting them must follow the procedures of the Ventura County Environmental Health Department as taught in the ServSafe Food Handler Program. All volunteers will be supervised by a cook employee.
Other employees will only be allowed in kitchen area under supervision of cook. v All storage areas will be cleaned on a planned schedule and outdated food will be disposed of. There will be a rotation schedule for storage and use of food in freezer, refrigerator, and dry goods pantry that maximizes use of food so that it does not become outdated.
I. Safety Policies
The Operator must develop and adhere to clear written policies and procedures for safety that incorporate the following.
1. Facility Maintenance
i The Operator will keep a schedule for regular facility maintenance and cleaning. ii The Operator is responsible for Navigation Center maintenance and will rotate regular maintenance duties and inspections for minor repairs and replacements. Maintenance and cleaning forms should be used to track completion of each task and reviewed on a regular basis.
iii The outside grounds and landscape will be incorporated into the maintenance schedule and rotation including cleaning of parking lot, watering of plants, maintenance and cleaning of sidewalks and patio areas, including tables and chairs, and checking of outside lights and furnishings. The facility’s outside spaces, parking lot, and green areas will be cleaned daily from debris and litter.
iv Graffiti will be removed within 24 hours.
v The Operator will have a procedure to address the need for repairs, including minor, major, and emergency repairs.
vi The Operator will be committed to maintaining a pest free environment throughout the premises. All staff will receive appropriate training for the identification of common pests as well as prevention and control measures. A Pest Control company will be contracted by the Operator and will come regularly to spray for bugs, check for infestation of pests, and perform other pest prevention or extermination treatments that will be seen on their visits or reported by staff.
vii The Operator should include procedures for emptying trash, appropriate locations to consume food, and for conducting inspections of participant spaces and storage bins for items that would attract pests.
2. Emergency, Incident, or Natural Disaster Safety
Procedure for Contacting Emergency Services
i The intention of the Operator should be to act as self -sufficiently as possible and ensure that public safety resources are deployed only when necessary. This includes ensuring that
25 the Operator staff and security will be trained to properly manage and respond to an array of difficult situations that may occur at the Navigation Center. ii The Operator will establish procedures that outline for staff how and when to contact emergency services, including 9-1- 1, police, and fire for conflict resolution, trespassing, theft, unruly behaviors, loitering around property, behavioral health evaluation, emergencies, etc. All Operator staff and security will be trained in these procedures. iii 9-1-1 may be called for any medical emergencies, violent behaviors that endanger others, and suicidal ideation.
Evacuation Plan for Ambulatory and Non-Ambulatory Residents i The Operator staff will be trained to respond quickly and appropriately in accordance with Navigation Center procedures to protect the safety of everyone in the facility when an emergency, incident, or natural disaster occurs.
ii Evacuation Routes and Exits will be posted in each major area of the facility. An evacuation point outside will be designated.
iii The Operator will report incidents to City and County.
Fire Safety
i Fire drills will be conducted at least quarterly by the Operator staff. The evacuation route may be the same as for other hazards. A participant tally and search will be conducted once evacuation is conducted. Documentation of fire drills will be kept for three years in Navigation Center Management Files.
ii The most recent annual fire inspection will be posted in a designated area of the Navigation Center facility and will be included in the Navigation Center Management files. Fire extinguishers are to be located in each area of the building as shown in facility plans and in the evacuation plan. Fire extinguishers will be inspected and maintained per city and county requirements. A certificate of the last most recent Ventura County Fire inspection will be posted in a visible and designated area.
iii No smoking will be allowed inside or outside the building within 20 feet of doors. A smoking section will be designated, and a sign posted in the outdoor patio smoking area.
Earthquake Safety
i Earthquake drills will be conducted at least quarterly by the Operator staff. The evacuation route and procedures may be the same as for other hazards. A participant tally and search will be conducted once evacuation is conducted. Documentation of Earthquake drills will be kept for three years in Navigation Center Management Files. ii In case of an actual earthquake that causes damage to facility or grounds, the Operator will inspect the facility as soon as safety permits and notify the County and City.
Power Outage
i In the event of a power outage, the Operator will have a plan that will provide up to two hours of power for the telephones, computer data server, security cameras, and emergency exit lighting, and 24 hours for the fire alarm system.
26 3. Security Policies
i The Operator will promote utmost safety for participant s, staff, volunteers, and the community and will strive to provide an atmosphere that promotes community, stays alert for signs of conflict, and confronts behaviors before they escalate. ii The Operator’s security policies will include a multi-faceted approach involving screening for sex offenders and felons with open warrants, secured entrances, random security searches upon entrance, confiscation of harmful contraband and weapons, trained security personnel providing indoor and outdoor coverage, security cameras and lighting. Other program elements that will support security efforts include no walk-up or bike-up policies and no loitering policies.
iii Additionally, in accordance with City of Thousand Oaks Municipal Code Section 9-4.2525 (f), the Navigation Center shall provide the following basic security measures:
• Entrances and exits shall be clearly marked and well-lighted. • Adequate external and internal security lighting shall be provided. • Individual lockers shall be provided to allow participants to secure their private possessions while using the Navigation Center.
• Separate sleeping areas shall be provided for men, women and families. • Separate bathing facilities shall be provided for men and women. • No person shall be allowed to camp on the premises or sleep on the premises outside of the Navigation Center property.
Secured Entrances
i All participants will present identification upon entry. ii All participants and their belongings will be checked by security personnel, utilizing security wands each time they enter and exit from the Navigation Center. iii Participants will sign-in upon entrance, and sign-out upon exit from the building.
Property Entrance and Exit Procedures
i All staff and participants will enter and exit through one main entrance and security check point. The main entrance will be equipped with security cameras for inside and outside the facility, safety alarms, and a portable communication device worn by staf f for control of entrance and activity inside the building.
ii All participants will enter the property by shuttle, unless they have a personal vehicle eligible to be parked on the site. Participants will be escorted from the designated parking lot area and shuttle drop off area to the Navigation Center entrance. iii All areas of the building will be locked when not in use. iv The building will be zoned so that participants will only have access to the areas which they need. During sleeping hours participants will have restricted access to other areas of the building.
27 On-site Security Guard Personnel
i The Operator will provide or contract a sufficient number of trained security guards to ensure the safety of participants and the surrounding neighborhood. The number of trained security guards and hours on duty will be determined in collaboration with the City, County, and local law enforcement . Security guards will conduct security rounds of the facility in a continuous manner.
ii Security guards may be stationed both inside and outside the Navigation Center to ensure maximum coverage. Security guards will be accessible and visible to participant s, and survey facility for any potential concerns. Staff and security will have communication with each other via portable electronic equipment.
iii Security guards will carry nonlethal weapons such as mace, batons, and handcuffs. iv The Operator will ensure that all security staff will be appropriately and regularly trained to work within the Navigation Center for homeless individuals. Appropriate training includes nonviolent crisis intervention, mental health first aid, professional ethics. Security guards will receive appropriate training through the Operator’s resources.
Security Alarms and Cameras
i The building will be equipped with security cameras inside and outside, safety alarms, and a portable communication device worn by staff.
ii The Operator staff to have access to panic buttons which will silently summon police to the facility during emergency situations.
iii The Operator staff will monitor security through cameras at intake desk and administrative office areas.
Security Lighting
i The Operator to use security lighting will be used both inside and outside the facility to highlight entrances and parking lot.
ii The Operator staff may escort any persons to parking lot or security gate after sunset.
Loitering Policy
i Participants will not be allowed to loiter in the neighborhood surrounding the Navigation Center or the bus/shuttle pick-up locations at any time. Violations of this rule may cause a participant to be exited from the Navigation Center.
ii The Operator’s Good Neighbor Policy will include regular checks of surrounding area to prevent and monitor for loitering issues.
Policy on Contraband and Weapons
i No contraband, weapons or objects which can be used as weapons will be brought to or stored at the Navigation Center.
ii Contraband items include but are not limited to: weapons, explosives, flammable or volatile substances, illegal drugs, controlled substances or drug paraphernalia, bio-hazardous items or environmentally harmful goods.
28 iii All of a participant’s belongings brought on-site will be searched upon entry and inspected for contraband, weapons and items that could be used as such. iv Anyone found with contraband, weapons, or dangerous material that can be used as a weapon will be asked to discard the items, store them off site or decline to enter the Navigation Center. Items must immediately leave the premises and neighborhood. v Sharp objects such as tools or scissors will be stored in locked storage area and not taken into Navigation Center living areas.
vi The Operator will keep a ll kitchen knives and sharp objects, hazardous materials, and cleaning equipment that could be used as a weapon in locked areas with Operator staff only accessibility.
vii The Operator must, however, establish Harm Reduction policies, practices, and procedures designed to minimize negative consequences resulting from participants use or possession of contraband as referenced above.
4. De-escalating Conflicts
i The Operator will ensure staff receive appropriate training in nonviolent crisis intervention, trauma informed care, strengths- based interviewing, professional ethics, communication techniques, or other relevant best practice training for working with this population.
Marginal Types of Aggression
i Exits should only occur with more serious types of aggression or with repetitive aggressive behavior versus a less serious offense. Prior to exiting a participant , the Operator staff should attempt to de-escalate a situation by understanding the motivations that prompted a participant to behave in these manners. By developing this insight, the Operator staff should be better able to determine both verbal and non- verbal responses to this behavior. If this behavior continues and cannot be managed successfully, then the Operator staff should meet regarding participant status. If it is decided that participant should continue at the Navigation Center, the following steps shall be taken: action plans, formal discussions about behavioral change, etc. If the behavior continues, the Operator Management may exit the participant pursuant to procedures laid out in these Policies and Procedures.
Verbal Threats or Aggression
i If a participant makes a verbal threat and/or is verbally aggressive to either the Operator staff, another participant , and/or partner agency staff or volunteers, the Operator Management will review the case for immediate exit from the Navigation Center to protect the safety of staff and other participant s, pursuant to procedures listed in the Operator’s Policies and Procedures.
Violent behavior
i If a participant exhibits violent behavior towards another participant, staff, or volunteer, they will be immediately exited. They may be subject to the Operator’s readmittance policy depending on both the Operator and case management opinions regarding the possibility of repetitive violent behavior. Should the participant be allowed to return to the Navigation
29 Center, they will be required to sign a behavioral contract to ensure that aggressive behavior does not continue inside of the Navigation Center which includes actions plans and formal monitoring.
ii Under no circumstances shall a participant be readmitted to the Navigation Center if the victim was another participant who is still residing in the Navigation Center. If the violent behavior reoccurs after the participant has been re- admitted, a permanent exit shall be discussed and evaluated amongst the Operator, County and City prior to a decision being rendered.
5. Policy Regarding Participant Possessions
Participant Storage
i All participants will have limited access to personal storage space in the indoor sleeping area and outside storage area.
ii A limited number of outdoor storage bins will also be available to participants through an Operator created reservation process, and items can be checked in and out during their time at the Navigation Center.
iii A participant may store personal property in their assigned bin, to its maximum capacity. iv A participant storage log will be signed at each visit to the storage area. The storage area may be accessed, with Operator staff supervision and only during assigned hours during the day.
v All items will be stored for the length of the participant ’s stay at the Navigation Center .
The right to store items may be revoked based on violation of rules and/or the Operator’s discretion.
vi Once a participant has exited the Navigation Center, any personal effects may be stored for up to 10 days; after which, the property will be donated or disposed of. vii Participants who have exited must contact staff to set an appointment to collect their personal belongings. In the event the participant cannot come to retrieve their own property, they may name a proxy of their choosing to pick up their effects by filling out required authorization forms. The participant will be responsible for asking their designated contact person to retrieve property, if needed.
Authorized/ Unauthorized Search of Participants’ Property by Operator Staff i As agreed to in the Participant Agreement, the Operator staff will have the right to inspect all areas of the Navigation Center site, including modular units and storage areas to ensure compliance with contraband and weapon policies.
ii When inspecting a participant ’s possessions without them present, two Operator staff persons will be responsible for and physically present for the search. iii When items are found in the participant ’s possession that are not suitable for storage, participants can choose to have Operator staff dispose of the item or participant may store property off site premises at their own cost.
iv The Operator staff has the right to designate a period of time when a participant will be ineligible for re-entry to facility, if contraband is found. Length of ineligible time will be documented according to the Operator’s Exit and Readmission Policies.
30 J. Health Policies
The Operator must develop and adhere to clear Policies and Procedures for Health that incorporate the following.
1. Housekeeping Policy
i The Operator will commit to and understand the importance of maintaining hygienic, sanitary environments for the well-being of participants, volunteers, and staff. ii The Operator will provide or contract with outside janitorial services for the maintenance and cleaning of the facility.
iii Thorough daily cleaning of all participant areas including living quarters, kitchen and dining areas, and common areas will be done using institution strength anti -bacterial products. Bathrooms, showers, and eating areas will be given priority attention. The kitchen and dining areas will be cleaned according to strict health standards after each meal. iv The Operator will maintain written, standardized housekeeping procedures. Each procedure will be designed for safety of staff and participants and for a consistent, high standard of housekeeping.
v The Operator must ensure staff are provided with training in these procedures, will be monitored in performance of the procedures, and evaluated in their effective use of them.
Training may include education on any hazardous materials with which staff may come into contact when carrying out their assigned work tasks. vi The Operator must ensure all staff practice universal precautions in handling of laundry, cleaning of facility, and general self – health care. Specifically:
• Staff will wear appropriate protective garments (i.e., gloves) while completing tasks. • Staff will use recommended disinfecting cleaning products for each area of facility. • Staff will practice required hand-washing procedures. • Kitchen staff will be trained in and practice required food-handling procedures. • All participant clothes will be washed upon initial intake and weekly thereafter. • All laundry will be handled according to safety and washing procedures. • Staff and volunteers will follow a set of Rules and Regulations for working when they are sick/contagious.
Bed Linens
i Participants will be assigned a set of clean bed linens at intake for their use while at the Navigation Center.
ii Staff will wash bed linens weekly, at a minimum.
Toiletries
i. Basic toiletries will be provided by the Operator to participants as needed.
31 2. Pet and Service Animal Policies
i Participants will be permitted to bring pets and service animals to the Navigation Center , subject to written approval by City of a pet and service animal policy, which is subject to periodic review and approval.
ii Only registered animals that have proof of current vaccinations will be allowed at the facility.
iii Pets and service animals will be permitted to stay in the participant’s assigned unit.In order to qualify as a service animal, a participant must produce an official letter from a licensed medical professional stating that the animal is needed to help the disabled individual perform some of the functions and tasks that an individual with a disability cannot perform for themselves.
iv The Operator will provide a dog relief/ run area.
v The health and well -being of all pets and service animals brought into the Navigation Center will be the responsibility of their owner. Participant s must feed and clean up after their pets and service animals.
vi The Operator staff will not be able to provide food. Participants who are unable to care for or feed for their pets or cannot control them while at the Navigation Center will be asked to work on these improvements as a program goal or find alternative arrangements for their pets.
vii The Operator may contract with a veterinary service provider to help provide animal management services at the Navigation Center. Such services include but are not limited to: examination of pet health upon entering the Navigation Center and throughout, spaying/neutering services, vaccinations, treatments for injuries/health issues and pet owner education.
3. Controlled Substances
Possession and Use of
i The Operator will promote a safe, healthy and productive environment for everyone. ii The Operator will have a strict policy prohibiting the possession or use of alcohol or controlled substances at the Navigation Center premises by employees, participant s, and the general public.
iii The Operator recognizes that the illegal and/or excessive use of drugs and alcohol, or the inappropriate use of prescribed drugs is not conducive to a safe living environment. It will be the objective of the Operator to have an environment that is free from the influence of controlled substances and alcohol at all times on premises. The unlawful purchase, possession, transfer, manufacturing, distribution, dispensation or use of any illegal drug is inconsistent with th e objective of operating in a safe and e fficient manner, is contrary to the Navigation Center mission, and will be strictly prohibited.
Policy for Alcohol and Drug Possession
i The Operator will have the right to refuse entrance to any participant who is noticeably under the influence, exhibiting behavior that is inappropriate due to influence, or otherwise
32 cannot follow the rules and expected behaviors of a participant while participating in Navigation Center activities.
ii If alcohol, illegal substances, or paraphernalia are found in participant ’s possession after they have completed entry paperwork and necessary security screenings, that participant may be asked to exit the facility at the discretion of the Operator staff. They may be given a time frame of their next eligible readmission date. The illegal drug or alcohol will be disposed of and documented by two Operator staff following written protocol of the Operator’s Policy and Procedures.
4. Prescription and Over-the-Counter Medications
Security, Use, and Access of
i The Operator will have clear procedures for the security, use, and access to prescription medications, including for medications that require refrigeration. ii A participant who qualifies and requests their medications to be stored in a locked area must sign an Agreement Form and will have access to the medications as soon as possible by their request to the staff on duty. The participant will be responsible for requesting and taking their own medications within limits of how they are prescribed. Only the person whose name is on the medications will be able to retrieve them. iii Use and storage of over-the-counter medications follow the same policy and procedures of prescription medications.
5. Participant Access to Medical Care
i Participants may have access to medical care and first aid items at any time. Participant should communicate to staff member on duty their need, if possible. ii Medical support may be accessed through the onsite clinic and/or through local hospitals, if and when access to the onsite clinic is not available.
Medical emergencies and requests for immediate medical attention and/or care i Participants shall always be given the option of ambulance transport. However, where responding EMT’s determine that the injury or illness does not actually require emergency ambulance transport, and that determination is documented in writing, participant may, but shall not be required to, decline to be transported via ambulance, and may utilize another method of transport.
i Where emergency transport is declined, participant must sign an emergency medical transport waiver in order to be eligible for alternate transport. Staff will then make arrangements for participant to be transported to a hospital or other medical facility pursuant to the Medical Transportation policies.
ii After the participant incident has been controlled, the lead staff member will complete an Incident Report form which will be sent to the Program Manager and higher-level staff as needed.
33 Routine Medical Appointments and Other Requests for Non-Urgent Medical Care i Where a participant informs staff that they have or need to make a routine appointment to see a physician or other medical professional, staff may make arrangements for the participant to be transported to that appointment pursuant to the provisions of the Medical Transportation policy.
ii The Operator Staff retain the discretion to call 911 at any time staff has reason to believe a response other than an emergency medical response is necessary, notwithstanding any statement to the contrary by a participant. When in doubt, staff should call 911.
First Aid Equipment, Supplies and Procedures
i The Operator and/or onsite clinic partner will have first aid supplies available at all times.
Staff members will be trained annually in universal precautions, first aid care, seizure, or Mental Health crisis.
6. Policies & Procedures for Disease Prevention
ii The Operator will have protocols for prevention and treatment of accidents and injuries, certain diseases, and conditions such as seizures, diabetic episodes, mental health episodes, lice, bed bugs, influenza, and other communicable and contagious diseases. iii Universal precautions will be maintained at all times in handling of fluids, participant clothing, laundry, and other possessions, as well as in all cleaning of premises. The Navigation Center will operate to conform to best health practices. iv The Operator will adopt policies and procedures in compliance from the CDC, the Ventura County Public Health Department, and OSHA requirements, including for hand washing, tuberculosis, and COVID-19, etc.
K. Financial Policies
The Operator must develop and adhere to clear Financial Policies and Procedures that incorporate the following.
1. Financial Requests from Participants
i The Operator and/or Service Provider partners may offer financial assistance opportunities (bus pass, clothing/food voucher, etc.) to participants, when available and must establish priority levels and/or other fair means for distribution. ii All bus passes and/or vouchers must be kept in a locked safe in a locked office or secured when not in use.
iii The Operator and/or Service Provider partners will not be obligated to fulfill all financial requests from participants that they receive.
34 2. Participant Possessions and Funds
i The Operator will establish a policy and procedures that will be reviewed with participants as part of the signed participant a greement, that the Operator and/or Service Provider partners are not responsible for lost or stolen items.
ii Participants will not be permitted to give cash to staff at any time, for any reason.
3. Annual Outside Audit
i An independent financial audit of the Operator will be completed on an annual basis. The most current audit will be kept on file at the Operator ’s administration office(s) and may be viewed as necessary.
ii The Navigation Center may also be subject to an annual audit or monitoring. It will be the responsibility of the Operator to correct any deficiencies reported by the audit within the time limits prescribed the auditing firm.
4. Financial Reports Review
i The Operator will produce financial reports each month. These reports will be reviewed by the City and County.
ii The Administration Office of the Operator will review financial statements and budgets with each Program Manager on a regular basis. Adjustment will be made in spending as necessary.
5. Fiscal and Programmatic Reporting
i The Operator will submit reports required by any current or future funding sources, including regular reports to show outcomes into housing, exits, employment, etc.
L. Legal Policies
The Operator must develop and adhere to clear legal Policies and Procedures that incorporate the following.
1. Policy for Compliance with Local Laws and Regulations i The Operator will follow all appropriate city and County code, ordinances, regulations and requirements, and have staff trained for food handling, CPR, fire drills and other disaster evacuation procedures. The Operator and staff will work cooperatively with local law enforcement to communicate any breaking of laws by participant s while on its premises.
Additionally, the Operator staff and management will cooperate with law enforcement agencies on investigations for persons wanted for crimes as much as is possible while maintaining policies on participant confidentiality.
35 City of Thousand Oaks Municipal Code
In accordance with City of Thousand Oaks Municipal Code Section 9- 4.2525 (e) Operator shall provide on-site management at all times while the Navigation Center remains open, consisting of a minimum of one (1) staff person per fifteen (15) participants that enforces and complies with the following requirements:
i Operator staff shall receive training in emergency evacuation procedures, shelter operating procedures, first aid and non-violent crisis intervention. ii Participants shall be provided with clean sanitary beds and sanitation facilities, including toilets, showers, bedding, soap, towels and toilet tissue. iii Laundry facilities shall be provided for participants to wash their clothes or Operator staff shall help participants make arrangements for laundry services. iv According to their needs, participants shall be referred to appropriate medical, psychiatric, housing, educational, social and nutritional services. v No individual shall be denied shelter because of an inability to pay. vi Navigation Center rules shall be posted and made known to all participants. vii Operator shall establish and enforce rules prohibiting the use of alcohol, illegal use of controlled substances, violent or illegal behavior.
viii Operator shall maintain an attendance log to document the demographic characteristics of the participants served and provide an annual report to the City describing the demographics of Navigation Center users and the services provided. ix Operator shall promptly remove any litter in the vicinity attributable to use of the shelter.
x No items, including, but not limited to, possessions brought to the Navigation Center by participants, shall be stored outdoors.
xi The length of stay for any participant shall not exceed 6 months , unless specifically authorized by the City in writing.
xii No pets shall be allowed in the shelter unless separate indoor kennel facilities are provided for pets.
xiii Operator shall provide an outdoor smoking area(s) on the premises.
County of Ventura Continuum of Care on Homelessness
i. Participate in CoC meetings including VC CoC Alliance and VC CoC sponsored trainings and other VC CoC initiatives.
ii. Participate in CoC planning, policy and strategic activities. iii. Participate in the annual Point in Time (PIT) Homeless Persons Count by participating in the sheltered and unsheltered count.
iv. Contribute agency level data for the annual Housing Inventory Count (HIC). v. Participate in Gaps Analysis and Needs Assessment as directed by CoC Board. vi. Utilize VC HMIS for data entry while following the VC HMIS policies and procedures.
This includes but are not limited to:
a. Participating in HMIS meetings and forums.
b. Following all security, privacy and data integrity guidelines. c. Complying with annual training requirement.
d. Complying with license fee requirements.
36 vii. Follow locally adopted VC CoC policies and procedures which include:
a. Program standards for administering CoC, ESG, and State funding assistance. b. Pathways to Home policies and procedures.
viii. Commit to filling program vacancies and accepting referrals through Pathways to Home, the local Coordinated Entry System (CES).
ix. Participate in Pathways to Home case conferencing meetings to facilitate the matching of clients with housing, shelter and services while abiding by confidentiality agreements. x. Implement programs based on Evidenced Based Practices including Housing First, trauma- informed care and strengths- based programs that are client focused and culturally competent.
xi. Provide appropriate supportive services that are focused on:
a. Help participants obtain or remain in permanent housing. b. Help participants increase skills and/or income.
2. Policy for Compliance with Labor Laws and Regulations i The Operator will comply with all required labor laws. OSHA training and reviews will be done during staff meetings on a quarterly basis. OSHA flyers will be posted in administrative offices.
ii The Operator’s wages will be at or above minimum wage. Employee breaks, meals, and overtime will be monitored legally and compensated as needed. The Operator will be contracted with a company to examine any work injuries. The proper incident reports, Workmen’s Compensation forms, and requirements will be completed.
M. Non-Discrimination Policies
The Operator must develop and adhere to clear non- discrimination Policies and Procedures that incorporate the following.
i The Operator will not discriminate in the provision of participant care based on age, race, color, religion, sex, sexual orientation or gender identity and expression, marital status, geographic, ancestry, national or ethnic origin, HIV status, disability, or veteran status.
1. Policy for Compliance with Americans with Disabilities Act i The Operator will comply with appropriate standards of The Americans with Disabilities Act (ADA). The Operator staff will be trained about and will be cognizant of any physical disability upon entrance of the participant and will assist as needed to conquer any barriers from the structure of the building. The Operator s taff will receive training to work appropriately with persons with disabilities.
ii All persons will be treated with dignity, value, and worth.
2. Gender-Specific Programming Policy
i Persons accessing the Navigation Center services will be identified by the gender identification for which they choose. Staff will provide beds to persons of gender identity,
37 expression, and sexual orientation with due regard to privacy and participant rights.
Bathrooms and showers will be constructed with equal privacy for all participant s, regardless of sexual orientation, expression, or identity. All services will be available with the dignity of all participants as highest priority.
3. Sexual Harassment Policy
i All participants, volunteers, and employees should be able to coexist at the Navigation Center in a trauma informed care environment, free from sexual harassment and inappropriate sexual behavior.
ii The Navigation Center will have a zero -tolerance policy for sexual harassment and inappropriate behavior of a sexual nature. No sexual harassment will be tolerated by anyone on the facility grounds - including by staff, volunteers, or participants. Participants, staff, and volunteers will be notified if in the Operator’s sole discretion any of their remarks, advances, gestures, or attire constitutes sexual harassment toward any person in the Navigation Center facility.
iii Anyone who believes they have been the subject of any such behavior will be urged to report it to the Operator staff or supervisor immediately. A report will be completed and taken to appropriate Operator staff or supervisor for resolution. Reported incidents will be investigated on a confidential basis. Provisions will be instituted to guard the safety and emotional health of persons who have been victims of a reported incident. After proper review, a person found to have engaged in sexual harassment or inappropriate behavior of a sexual nature will be subject to disciplinary action including possible immediate exit from the Navigation Center or termination from employment.
4. Policy Regarding Sex Offenders
i The Operator will have strict requirements for the safety of vulnerable adults. Staff and volunteers will be trained in sex abuse definitions, sex offender policies, child abuse, and vulnerable adult abuse. All Operator employees must review this training yearly and be certified to have passed its standards.
ii The Operator will follow federal law requirements in reporting sex offenders. iii All participants will be screened for sex offenses through the National Megan’s Law database. Screening will be conducted at the time of reservation; no potential participants with a registered sex offense will be allowed on the bus/shuttle or admitted as participants.
N. Confidentiality Policies
The Operator must develop and adhere to clear confidentiality policies and procedures that incorporate the following.
1. Personal Confidentiality
People seek help from emergency shelters at a difficult time in their lives. Their need for service and the help that can be given is determined through sharing of factual and personal information.
For this to be effective, every participant must be able to trust that every staff member and volunteer hold confidential the shared information.
38 Therefore, the Operator staff will keep strict confidentiality practices as written in Confidentiality Policy. These practices include:
Fact of Participation:
i The fact that an individual is or has been a participant in the Navigation Center should not be disclosed except as may be specifically defined. Inquiries by visit, telephone or letter regarding a participant in the program should be answered with the statement that information as to whether a particular person is or has been a participant cannot be divulged; that if in fact the individual is a participant , they will be advised of the inquiry, and that, at their discretion, they will or will not communicate with the inquirer.
Disclosure to Other Agencies:
i Disclosure of participant information to other social service agencies, whether on a referral to or from the agency, generally may be permitted only with the person’s written consent.
Information is to be withheld where enjoined by law and whereby contract the Operator has agreed to maintain the confidentiality of participant records (as under the Privacy Act.) Disclosure of information relating to participants should not be made to employers, credit agencies, unions or other similar organizations, except at the request, and with the consent of the participant.
Information to the Participant:
i In some situations , it may be required by law to disclose to the participant information contained in their own case record. Information disclosed should be limited to that which is included in the formal case record. The formal case record should contain factual information, not counselor notes and observations. Information provided by other agencies should not be shared.
Law Enforcement Agencies
i All requests for information regarding participant s originating from law enforcement agents, should be referred to the Operator’s acting Legal Department. Before any action is taken on any legal request, the Operator staff member or program manager should contact their Legal Department as there are boundaries in place to determine the sharing of information with law enforcement personnel according to its policies on participant confidentiality (as stated in the Operator’s Policies and Procedures) and applicable law. ii When an arrest warrant or a search warrant has been issued by a court after a showing of probable cause, if such a warrant is presented to the facility relating to a participant in the Navigation Center, staff will cooperate with the law enforcement agency in making the arrest or the search, preferably in a manner which will involve the least disruption of the programs at the facility.
39 Written Consent
i If there is any doubt as to whether participant information should be disclosed, the consent of the participant should be first obtained, except as otherwise required by law. The consent will be in writing on a Release of Information form and should identify the information to be disclosed, the person or agency to whom it will be disclosed, and the purpose of the disclosure, and the period of time during which authorization is granted.
Abuse Reporting
i The Operator staff will comply with all state and municipal laws requiring reporting to governmental agencies of instances of child abuse, domestic violence , and elder abuse.
Staff will report any suspicion or evidence of child abuse or vulnerable adult abuse according to the law’s requirements. All staff persons at the Navigation Center will be mandatory reporters. An incident report will also be completed and submitted to the Program Manager and any higher-level staff as needed. All staff will be trained at time of hire to spot signs of abuse and to properly document and report it. Training will be repeated annually.
Harm to Self or Others
i If a participant at the Navigation Center shares with a staff person a viable threat to do harm to self or another, the terms of confidentiality can be revoked, as in the case of suicidal or homicidal admittance.
2. Database Confidentiality Policies
i Only trained Intake staff, Case Managers , and management staff will be authorized to access the VCHMIS Database. Each staff person will have a separate password for entry.
Staff is only to use computers that are authorized and VCHMIS compliant. ii No persons without a username and password set up by the Operator ’s IT department should have access to staff-only computers.
3. Exceptions to the Confidentiality Policy
i All participants will be informed that when the law requires Operator staff to disclose participant-related information, such as to prevent danger to self or others or to report child and elderly/vulnerable adult abuse, staff will do so.
O. Grievance Policies
The Operator must develop and adhere to clear grievance Policies and Procedures that incorporate the following.
i Participants should have several ways in which they may share a grievance – verbally or written, anonymous or through a third party.
ii It is recommended to have a suggestion and grievance box available in the common area for the Operator staff to review regularly.
40 iii The grievance procedure will be applicable for any conflicts or disagreements between participants and participants, and participants and staff. For example, the grievance process may be employed to address disruptive behavior or appeal incorrect formal action.
However, in no way does the grievance procedure suspend the rules or consequences established in the Navigation Center Rules signed at intake. iv Participants will have the right to file a grievance without the fear of harmful repercussions from staff or other participants.
1. Receiving and Posting
i The Grievance Procedure should be clearly posted and available at the Navigation Center facility.
ii Participants will be given a copy of their signed copy of the grievance procedure at intake.
If a participant does not have a copy of the grievance procedure, they may contact their Case Manager to request a copy and an explanation of how the process works. iii Grievance procedures should outline due process once a formal grievance is received, including identifying staff involved and timeline for responses. It should also outline the steps that could be taken for a participant grievance for their involuntary discharge. iv Participants have the right to ask assistance of another person to speak on their behalf, or to help fill out a grievance form.
v Participant grievances will be reported in monthly reports. vi The Operator executive staff should review all grievances quarterly and/or annually, providing a level of review that does not involve the participant about whom the complaint was made or the person who reached the decision to identify ways to improve the Navigation Center.
vii Grievances and resolutions should be documented in participant file and incident reports.
2. Whistleblower Policy
i Confidentiality will be strictly kept between the person making the complaint and the Program Manager which will withhold information internally to the extent prudent where a complaint involves a staff member or volunteer.
60684.00011\41943090.1
E EXHIBIT “E”
ENCAMPMENT
RESOLUTION FUNDING
EXHIBIT E
ENCAMPMENT RESOLUTION FUNDING SUBRECIPIENT REQUIREMENTS
[ADD ERF CONTRACT REQUIREMENTS]
City of Thousand Oaks
23-ERF-2-R-10028
Initial Here________
Encampment Resolution Funding Program
Round 2, Rolling Disbursement (ERF-2-R)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1) A uthority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been two rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 2 of the ERF Program (“ERF-2-R”). For this Standard Agreement, ERF-2-R is synonymous with “ERF” or “Program”.” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).
This Standard Agreement along with all its exhibits (“Agreement”) is entered into by Cal ICH and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.
2) P
urpose
As stated in the NOFA, the Program’s objective is to fund actionable, person- centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
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encampments. Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
3)
Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code Section 50250, Subdivisions (a) – (l);
(a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction (d) “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) “County” includes, but is not limited to, a city and county. (g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (j) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.
(l) “State right-of-way” means real property held in title by the State of California
Additional definitions for the purposes of ERF program:
“
Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from the Council for the purposes of the program. Grantee is synonymous with “Recipient.”
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“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.
“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must obligate the funds by the statutory deadlines set forth in this Exhibit A.
“Cal ICH” is synonymous with “Council”.
4) S
cope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.
As detailed in Exhibit A.2, t
he Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.
Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance and directives, and the requirements per the authorizing statute.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Disbursement Provisions. Prior to fully executing this agreement, Grantees must standardize their budget using a Cal ICH provided budget template.
Grantees are expected to be close partners with Cal ICH. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit D.4.
Reporting,
Evaluation, and Audits.
F
iscal deadlines are detailed below in Exhibit A.6. E ffective Date, Term of Agreement, and Deadlines.
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Grantees shall complete a Final Work Product (As detailed below in Exhibit A.6.d.) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will make Technical Assistance available.
Ca
l ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final.
5) Ca
l ICH Contract Coordinator
Cal ICH’s Contract Coordinator for this Agreement is the Council’s Grant Development Section Chief or the Grant Development Section Chief’s designee.
Unless otherwise instructed, any communication shall be conducted through email to the Cal ICH Contractor Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, Agency shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to Cal ICH and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business, Consumer Services
and Housing Agency City of Thousand Oaks
SECTION/UNIT:
California Interagency Council on
Homelessness
(Cal ICH)
City Manager’s Office
ADDRESS: 801 Capital Mall, 6th floor
Sacramento, CA, 95814
2100 Thousand Oaks Boulevard,
Thousand Oaks, CA 91362
CONTRACT
COORDINATOR Jeannie McKendry Ingrid Hardy
PHONE
NUMBER: (916) 510-9446
(805) 449-2111
EMAIL
ADDRESS:
[email protected]
and [email protected]
[email protected]
The Council reserves the right to change their Cal ICH Contractor Coordinator, designee, and / or contact information at any time with reasonable notice to the Grantee.
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All requests to update the Grantee information listed within this Agreement shall be emailed to Cal ICH grant’s general email box at [email protected].
Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to Cal ICH Contractor Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment, approved by DGS.
6) E
ffective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon execution by Cal ICH, which includes signature from the Grantee and Cal ICH. This is indicated by the Cal ICH provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
b) Performance shall start no later than 30 days, or on the express date set by Cal ICH and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.
d) This Agreement will terminate on March 31, 2027.
Grantees shall submit a Final Work Product by September 30, 2026. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH.
Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2027.
Grantees are expected to continue performing until March 31, 2027. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.
e) Expenditure and Obligation Deadlines:
i. Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2024.
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ii. Grantees that have not obligated 100 percent of their Program funds by June 30, 2024, shall submit an alternative disbursement plan to Cal ICH for approval no later than July 30, 2024. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
iii. Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by Cal ICH.
iv. All Program funds (100 percent) shall be expended by June 30, 2026. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
7) S
pecial Conditions
Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) G eneral Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:
• Request for Funds Form (“RFF”)
• STD 213 Standard Agreement form and initialed Exhibits A through E • STD 204 Payee Data Record or Government Agency Taxpayer ID Form
2) D
isbursement of Funds
ERF will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS), and the State Controller’s Office (SCO).
The RFF must include the total amount of Program funds proposed to be expended.
The ERF will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
3) B udget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Cal ICH reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted standardized budgets.
a) Budget Changes
i) Process:
Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. Cal ICH may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
Cal ICH reserves the right to amend or adjust this process as necessary.
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ii) Conditions requiring a budget modification request:
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by Cal ICH so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use category must be approved by Cal ICH’s Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from Cal ICH as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6. B reach and
Remedies.
R
egardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change as considered by a reasonable project manager should be submitted to Cal ICH for approval.
b) Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. P
urpose.
Eligible uses and activities include, but are not limited to, the following:
Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.
Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services. Services Coordination Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
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promote housing stability for eligible persons, as well as direct case management services being provided to persons.
Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.
Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded Program funds may be applied to administrative costs.
P
rogram funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
4) In eligible Costs
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. P
urpose.
Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
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Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.
Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH.
An expenditure which is not authorized by this Agreement, or by written approval of Cal ICH, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to Cal ICH by the Grantee at an amount and timeframe determined by Cal ICH.
Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.
Unless expressly approved by Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT C
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/
media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT D
GENERAL TERMS AND CONDITIONS
1) T
ermination and Sufficiency of Funds
a) Termination of Agreement
Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D;
violation of any federal
or state laws; or withdrawal of Cal ICH’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH’s specified date of termination.
b) S
ufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2) T
ransfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12. (
Special Conditions – G rantees/Sub Grantee)
or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.
3) G
rantee’s Application for Funds
Grantee submitted a standardized budget to Cal ICH as part of their application for the Program.
Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
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part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4) R
eporting, Evaluation, and Audits
a) Reporting Requirements
i. Timing and Format of Reports.
Grantee is required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded proposal. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.
The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
ii. Required Data
Grantees will be required to provide:
• Outreach and service path data at the anonymized, individual level; • Current housing status of persons served in the aggregate; • Status of funding as presented in the Cal ICH approved, standardized budget; and
• C ontinued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.
Cal ICH’s discretion in identifying which information shall be included in these reports is final.
Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
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and evaluation of grant performance, service pathways, and outcomes for people served.
Grantees shall comply with the data entry requirements of AB977, located at Welfare and Institutions Code section 8256(d).
iii. Cal ICH usage of Reports
Pursuant to HSC Section 50254(b)(4), Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
iv. Failure to Report
If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
b) Evaluation
i. At Cal ICH’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will contract a third party to complete the evaluation.
ii. Grantees are expected to be close partners with Cal ICH for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Cal ICH or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Cal ICH or its designee.
iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee’s site visit terms during any site visits.
iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
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v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation.
c)
Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.
5) I
nspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, Cal ICH guidance or directives, and this Agreement.
b) Record Retention
The Grantee further agrees to retain all records described in s ubparagraph A for
a minimum period of five (5) years after the termination of this Agreement.
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If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
c) Public Records Act
The grantees’ final ERF-2-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act.
6)
Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee’s failure to comply with the terms or conditions of this Agreement.
ii. Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i. C onduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.
ii. Bar the Grantee from applying for future ERF funds;
iii. Revoke any other existing ERF award(s) to the Grantee;
iv. Require the return of any unexpended ERF funds disbursed under this Agreement;
v. Require repayment of ERF funds disbursed and expended under this Agreement;
vi. Require the immediate return to Cal ICH of all funds derived from the use of ERF
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vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive.
d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7) W
aivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.
8) N
ondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
9) C
onflict of Interest
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result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.
10) Dr
ug -Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
City of Thousand Oaks
23-ERF-2-R-10028
Initial Here________
Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Grantee’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and
ii. Will agree to abide by terms of Grantee’s condition of employment or subcontract.
11) C
hild Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
City of Thousand Oaks
23-ERF-2-R-10028
Initial Here________
12) Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions s hall be met to the
satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF.
Failure to comply with these conditions may result in termination of this Agreement.
a) T
he Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
ii. Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.
iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
iv. Agree to include and enforce all the terms of this Agreement in each subcontract.
13) C
ompliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request.
DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
City of Thousand Oaks
23-ERF-2-R-10028
Initial Here________
14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.
15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.
DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
City of Thousand Oaks
23-ERF-2-R-10028
Initial Here________
Encampment Resolution Funding Program
Standard Agreement
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH.
2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate - ERF specific funding sources and project codes in HMIS).
3) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or “HDIS”), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH. Grantee will report to Cal ICH on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.
5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1
City of Thousand Oaks
23-ERF-2-R-10028
Initial Here________
6) Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final.
DocuSign Envelope ID: 7524DF23-E8F7-4ABA-B0CC-C04A72411DA1