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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: City Manager Item No: C6
Prepared by: Amanda Lee, Assistant City Manager Meeting Date:September 27, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: EXODUS RECOVERY AND ALLIANCE FOR REGIONAL SOLUTIONS AGREEMENTS RECOMMENDATION:
1. Adopt City Council Resolution No. 2022- , approving an agreement with Exodus Recovery, Inc. to provide case management and outreach services to address homelessness in Vista.
2. Adopt City Council Resolution No. 2022- , approving an agreement with Interfaith Community Services, Inc. to provide shelter beds to address homelessness in Vista.
CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.
PRIOR ACTION: On April 26, 2022, adopted City Council Resolution No. 2022-60, approving the Encampment Resolution Funding Grant— award of contract (Vote: 5-0).
On September 28, 2021, adopted the following City Council Resolutions: 1) No. 2021-165, approving the First Amendment to the contract with Exodus Recovery, Inc. to provide a full time Social Worker and a part-time Housing Navigator to address homeless in Vista; and 2) No. 2021-166, approving an Amendment to the agreement with Interfaith Community Services, Inc., to provide shelter beds to address homelessness in Vista (Vote: 5-0).
On August 11, 2020, adopted the following City Council Resolutions: 1) No. 2020-140, approving an agreement with Interfaith Community Services, Inc. to provide shelter beds to address homelessness in Vista, and 2) No. 2020-141, approving an agreement with Exodus Recovery, Inc. to provide a full-time Social Worker to address homelessness in Vista (Vote: 5-0).
STATEMENT ON THE SUBJECT:
Exodus Recovery. In May 2020, the City released a Request for Proposals to procure the services of a full-time social worker using Permanent Local Housing Allocation (PLHA) funds. In August 2020, the City selected and entered into an agreement with Exodus Recovery, Inc (Exodus) for a full-time social worker to conduct outreach and case management for Vista's unsheltered community. In September 2021, the Exodus agreement was amended to include a part-time Housing Navigator and extended for an additional 12-months. Since the approval of the original agreement and subsequent amendment, Exodus has continued to provide expert services and has made positive impacts to the community.
Subsequently, in March 2022, the City accepted an Encampment Resolution Funding (ERF) Program award of$1,828,394, administered by the California Interagency Council on Homelessness for a targeted ACTION: Approved above recommendation, adopted the following: 1) City Council Resolution No. 2022-142; and 2) City Council Resolution No. 2022-143. Vote: 5-0 Clerk/Se etary
09/27/2022 C6 Page 1 of 51
MEETING DATE: September 27, 2022 PAGE 2
EXODUS RECOVERY AND ALLIANCE FOR REGIONAL SOLUTIONS AGREEMENTS outreach and housing pathway demonstration project for unsheltered residents in Vista. As part of the implementation of the ERF Program, Exodus expanded its services to specifically target a 24-acre City- owned parcel, as defined in the grant. The services offered between the PLHA, and ERF programs are interdependent and work in conjunction to ensure seamless outreach and case management efforts throughout the City. However, because the additional scope of the ERF Program is separately grant funded, and to maintain a clear administrative separation of the two funding sources, a new agreement with Exodus was executed, with a term expiration of April 2024.
To ensure outreach and case management efforts continue citywide, staff recommends entering into a new agreement with Exodus for the citywide program for 12-months, using PLHA funds, as the current agreement has expired, with the option to extend for an additional 24 months. This will allow Exodus to continue providing a full-time social worker and a part-time housing navigator throughout the city and ensures the continuation of existing services in conjunction with the ERF Program. Additionally, the annual $499,381 contract includes the cost for leasing a vehicle, other transportation funds, flex funding for clients, and housing expenses (deposits, credit checks).
Alliance for Regional Solutions. The City is a member of the Alliance for Regional Solutions (Alliance), which was founded in 2006, through the efforts of local government officials and non-profit leaders to create an emergency shelter network. Since 2020, the City has contracted with the Alliance to prioritize up to ten shelter beds per night in the Alliance's existing low-barrier shelters for unsheltered persons in Vista. The current agreement with the Alliance has expired and staff is recommending entering into a new agreement not to exceed $200,000 annually for 12-months with an option to extend for an additional 24 months. The Alliance utilizes Interfaith Community Services (Interfaith) as their fiscal agent; therefore, the agreement will be between the City and Interfaith.
The City Council will receive a full update on the City's Strategic Plan to Address Homelessness in November 2022 and staff will provide data outcomes for both Exodus and the Alliance at that time. The agreements are requested to be approved at this time to ensure that there is no disruption to the services provided by Exodus and the Alliance.
FISCAL IMPACT: The direct fiscal impact associated with this item is $699,381. All funds are available from 2021 Permanent Local Housing Allocation (PLHA) funding amount. If the option to renew these agreements for two additional years is exercised, the fiscal impact will be determined by the PLHA allocation for each of those two years. The five-year allocation total shall not exceed $2,453,292.
Funds will be appropriated in the Non-Departmental Special Department Expense account (No. 0010145.531500.00260). Any programs or activities in the Strategic Plan to Address Homelessness that require additional appropriation authority will be brought back for City Council consideration.
EXHIBITS:
1. City Council Resolution No. 2022- , approving an agreement with Exodus Recovery, Inc. to provide case management and outreach services to address homelessness in Vista
2. City Council Resolution No. 2022- , approving an agreement with Interfaith Community Services, Inc. to provide shelter beds to address homelessness in Vista
3. Contract with Exodus Recovery, Inc.
4. Contract with Interfaith Community Services, Inc.
09/27/2022 C6 Page 2 of 51
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH EXODUS
RECOVERY, INC. TO PROVIDE CASE MANAGEMENT AND OUTREACH
SERVICES TO ADDRESS HOMELESSNESS IN VISTA
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. At the March 6, 2018, 2018-2020 goal-setting workshop, the City Council identified a need to develop a Strategic Plan to Address Homelessness (Strategic Plan).
B. On March 10, 2020, the City Council adopted the Strategic Plan that identified programs and practices that have proven successful elsewhere, but which are tailored for Vista.
C. One of the identified practices within the Strategic Plan is a full-time social worker program.
D. The City opened a request for proposals solicitation for a full-time social worker on May 8, 2020, and the highest scoring vendor, Exodus Recovery, Inc., was selected as the preferred vendor to provide a licensed clinical social worker for the Strategic Plan.
E. Exodus Recovery, Inc. submitted a proposal dated September 15, 2022, to continue the licensed clinical social worker services for the Strategic Plan.
2. Action.
A. The contract with Exodus Recovery, Inc., in the amount of$499,381 per year is approved, and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 27, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220920101352
EXHIBIT 1
09/27/2022 C6 Page 3 of 51
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH INTERFAITH COMMUNITY SERVICES, INC. TO PROVIDE SHELTER BEDS TO ADDRESS
HOMELESSNESS IN VISTA
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. At the March 6, 2018, 2018-2020 goal-setting workshop, the City Council identified a need to develop a Strategic Plan to Address Homelessness (Strategic Plan).
B. On March 10, 2020, the City Council adopted the Strategic Plan that identified programs and practices that have proven successful elsewhere, but which are tailored for Vista.
C. One of the identified practices within the Strategic Plan is the provision of shelter beds for single men and women.
D. The recommended strategy in the Strategic Plan is to work with the Alliance for Regional Solutions, whose fiscal agent is Interfaith Community Services, to secure up to ten low-barrier shelter beds that accommodate single persons.
2. Action.
A. The contract with Interfaith Community Solutions, Inc., in the amount of$200,00 per year is approved, and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 27, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter C.Chung
20220920101649
000292137 EXHIBIT 2
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CONTRACT FOR PROFESSIONAL SERVICES
LICENSED CLINICAL SOCIAL WORKER
THIS "CONTRACT" is entered into by and between the "Parties" as of ("Contract Date").
1.0 THE "PARTIES"
The "City": The "Contractor"
CITY OF VISTA, a chartered municipal Exodus Recovery Inc., a California corporation corporation
200 Civic Center Drive 9808 Venice Blvd, Ste 700 Vista, CA 92084 Culver City CA 90232
Working Contact: Jonathan Lung Contact: LeeAnn Skorohod Billing Contact: Jonathan Lung Working Contact: Tamara Stark
2.0 BASIC TERMS
2.1 The "Services" to be performed by Contractor are set forth in Contractor's proposal or other document attached as Exhibit A.
2.2 The "Required License" for the Services is: Licensed Clinical Social Worker.
2.3 Contractor, an entity holding the Required License, desires to enter into this "Contract" with City for the Services.
2.4 The "Project" for which the Services are required is described in Exhibit A.
2.5 The "Contract Ceiling Price" is: $499,381
2.6 Any references in Exhibit A to "Consultant" shall mean Contractor for the purposes of this Contract.
3.0 CONTRACT TERM
3.1 This Contract shall take effect as of the Contract Date.
3.2 This Contract shall be in effect for 12 calendar months ("Term") from the Contract Date. The Term may be extended at the City's option for an additional 24 months, in increments of City's choice, for a maximum Term of 36 months from the Contract Date.
3.3 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
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4.0 SCOPE
Contractor shall perform all Services including, but not limited to, the furnishing of all tools, equipment, materials, software, and supplies, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time, in accordance with Exhibit A.
5.0 COMPENSATION
5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit A.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit A, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Documents required under Exhibits A—E.
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7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 STANDARD OF PERFORMANCE
8.1 Contractor represents and warrants that it has the training, qualifications, experience and facilities necessary to properly perform the Services required under this Contract in a thorough, competent and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
8.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and 1 rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
9.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES
9.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
9.2 Contractor represents and warrants that all professional services required under this Contract shall be provided by a person or persons duly licensed by the State of California to provide those types of services.
9.3 Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
9.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor's officers, employees, agents and subcontractors that are included in this Contract.
9.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal [51959-21 00108828 1 3 of 9 Exodus Recovery Inc. 09/27/2022 C6 Page 7 of 51
or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
9.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this contract. This is a continuing obligation that survives the termination of this Contract.
10.0 CIVIL RIGHTS
10.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.
10.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
10.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
10.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
10.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
10.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
10.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or [51959-21 00108828 1 4 of 9 Exodus Recovery Inc. 09/27/2022 C6 Page 8 of 51
subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
11.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
12.0 ASSIGNMENT AND SUBCONSULTING
12.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
12.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.
13.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
14.0 FINANCIAL RECORDS
14.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services [51959-21 00108828 1 5 of 9 Exodus Recovery Inc. 09/27/2022 C6 Page 9 of 51
provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
14.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
15.0 OWNERSHIP OF DOCUMENTS
Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services.
16.0 CONFIDENTIALITY
16.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
16.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City, or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
16.3 Contractor's obligations under this paragraph shall survive the termination of this Contract.
17.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively "Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed [51959-2]00108828 1 6 of 9 Exodus Recovery Inc. 09/27/2022 C6 Page 10 of 51
regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
18.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
19.0 DUTY OF INDEMNIFICATION
19.1 To the fullest extent permitted by law, Contractor shall (1) immediately defend and (2) indemnify City, and its directors, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution ("Duty of Indemnification"). Contractor's obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel shall be approved by City.
19.2 The review, acceptance or approval of Contractor's work or work product by any indemnified party shall not affect, relieve or reduce Contractor's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
19.3 Contractor's costs of defense shall not exceed Contractor's proportionate percentage of fault as adjudicated by a court of law, as required by California Civil Code section 2782.8.
20.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
21.0 SERVICE OF NOTICE
21.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight [51959-21 00108828 1 7 of 9 Exodus Recovery Inc. 09/27/2022 C6 Page 11 of 51
courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
21.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
25.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
[Continued on page 9.]
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26.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
"City" "Contractor"
CITY OF VISTA, a chartered municipal Exodus Recovery Inc., a California corporation corporation
By:
JUDY RITTER, MAYOR By:
ATTEST:
KATHY VALDEZ, CITY CLERK Name/Title
By:
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
Name/Title
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Walter C.Chung
20220920102250
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EXHIBIT A
CONTRACTOR'S PROPOSAL
001088281 Exhibit A
09/27/2022 C6 Page 14 of 51
EXODUS
i \
EXODUS RECOVERY,INC.
San Diego Corporate Office
550 West Vista Way, Suite 202
Vista, CA 92083
760-305-4777
Jonathan Lung September 19, 2022
Housing Division
200 Civic Center Dr.
Vista, CA 92084
Dear Jonathan,
This letter is in response to the City of Vista's Strategic Plan to Address Homelessness and to continue use of Permanent Local Housing Allocation(PLHA) funds to address chronic homelessness in Vista.
Exodus has fourteen years of experience as a behavioral health provider in San Diego County. Exodus currently operates two North County Crisis Stabilization Units in Vista and Oceanside. These centers offer urgent/emergent walk-in assessment, crisis stabilization and medication support services to clients that previously had no local alternative. In addition, Exodus operates a North County Mobile Crisis response Team serving Vista and the North Coastal communities. These programs accommodate local citizens, especially those who are repetitive and frequent users of emergency and inpatient services;who have co-occurring mental health and substance abuse disorders; who need medication management to prevent exacerbation of psychiatric symptoms and those who have problems that can be resolved with short-term immediate care and linkage to community-based resources. Exodus programs have had a positive and beneficial impact on San Diego County by providing crisis intervention services to over 25,000 unduplicated clients in the past fourteen(14)years,thereby alleviating overcrowding in local emergency departments and in the nearby public health system.
Exodus has been successfully partnering with the City of Vista to provide homeless outreach services for the past two years. We look forward to our continued partnership and collaboration with the City in the provision of homeless outreach utilizing PLHA funds.Exodus guarantees that key personnel will be committed to perform the required tasks for this contract throughout its duration and to follow the guidance of the City of Vista for the purposes of this work and contract.
Exodus can meet the City's insurance requirements and is prepared to execute the Professional Services Master Agreement as written. Any possible proposed changes to the project term will be taken to the City for authorization.
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Please feel free to contact me with any questions you may have. I can be reached at(760) 305-4777 and/or tstark rr)cxndusrecove ,cotii.
Sincerely,
1-A,,X-,A
Tamara Stark
Senior Vice President of San Diego Services
Exodus Recovery, Inc.
09/27/2022 C6 Page 16 of 51
City of Vista Social Worker Program: a review of program approach, accomplishments, and proposed continuation of services
Exodus Mission Statement is:
To bring the tools for the best possible quality of life to our clients. Our concept of total health care incorporates the physical, emotional, cultural and spiritual needs of each client. Our programs strive to create an environment which promotes the dignity of all participating and to develop services maximizing client's self-determination.
The Exodus Recovery philosophy of treatment is grounded in a strong belief in the whole person care model.
Exodus promotes an innovative treatment model that integrates physical health,mental health and substance use disorder treatment in order to foster hope, empowerment, self-sufficiency and recovery to vulnerable high utilizers of community services. Since 1989,Exodus Recovery has worked to design and develop models that have fundamentally changed how health care and social services are delivered,thus enriching and reinforcing the communities we serve. The Exodus model seeks to balance quality, cost efficiency, and positive client and community experience-all key components of a high performing health organization. Over the course of thirty-two years,Exodus has developed a client focused,recovery-based system of care that encompasses inpatient,outpatient,homeless outreach and care coordination teams, forensic services and crisis stabilization/urgent care centers as well as substance use disorder programs and a sobering center. To date, Exodus Recovery has planned, implemented and operationalized programs within five California counties:
Los Angeles, San Diego,Fresno,Napa and Orange Counties. These efforts have created a continuum of care that has fulfilled the strategic objectives of reducing utilization of health systems,medical emergency rooms, law enforcement interventions, limiting hospitalizations and creating safe and secure environments where those with complex conditions can receive compassionate and caring specialized services.
If awarded the opportunity to continue as a team member in the City's Strategic Plan to Address Homelessness,Exodus will provide a homeless outreach Social Worker and a Housing Navigator to continue to support city and law enforcement efforts by conducting skilled,focused outreach efforts and evidenced- based case management services.
Exodus CalAIM case management,Crisis Stabilization Unit,Mobile Crisis Response Team, all located in the City of Vista,will offer support and resources to the Social Worker and Housing Navigator by providing field base crisis intervention, on-going comprehensive care coordination,mental health services and service navigation for homeless adults who have been identified by local service providers,law enforcement agencies and the City of Vista. The Social Worker and Housing Navigator hired for this program will be directly supervised by the City of Vista Social Work/Encampment Resolution Program Director and stationed at:
Exodus Recovery,Inc.
Homeless Outreach Team
550 W. Vista Way, Suite 200
Vista, CA 92083
Exodus has been recognized by the County of San Diego for the ability to work effectively and successfully with North San Diego County homeless individuals who have mental illness, substance use and/or chronic health conditions. This proposed,continued partnership with the City of Vista will present an opportunity for Exodus to further demonstrate the extent of our experience in working with challenging populations. Exodus' experience extends to five California counties including programs and teams operating similar services models. For example,Exodus has been running a successful, specialized full-service partnership(FSP) program for five(5)years. This award-winning program meets clients on the street and in the field in the underserved areas of East LA, South LA and Downtown Skid Row,to provide integrated outreach and 1 09/27/2022 C6 Page 17 of 51
engagement,physical and mental health services, care coordination, and SUD services. Additional related and applicable Exodus programs such as the SDC BHS AB 109 program,the LAC DHS Homeless Task Force(s), DMH Crisis Transition Service Teams,DHS/DMH Street to Home Community Collaborative,FSP programs and the Exodus Homeless Services Case Management Program all represent successful implementation and operation of this integrated outreach model. Thus,if Exodus is awarded the continuation of the City of Vista Full-Time Social Worker position,the clients engaged will remain part of the comprehensive continuum of care created and developed by Exodus to reach the most marginalized,vulnerable and complex need individuals in the community we propose to serve.
Scope of Services
Exodus seeks to partner with the City of Vista in their efforts to address homelessness effectively providing to the City,a full-time Social Worker and full-time Housing Navigator. These individuals will work in tandem with the Vista Sheriff's Department COPPS team and City Departments,providing outreach and engagement to homeless individuals in Vista as well as providing subsequent referrals to local community homeless outreach programs for on-going case management. Research into the use of homeless outreach Social Workers engaged by neighboring cities highlighted that outreach Social Workers engaged with law enforcement homeless outreach teams and city housing departments do not have the bandwidth to actively provide outreach and engagement services,housing navigation and to manage a large intensive level caseload simultaneously. Therefore,Exodus proposes that the Social Worker provided for this proposal will link those in need of intensive,on-going homeless case management to other community case management programs and provide an experienced Housing Navigator to assist with housing resource acquisition and placement.
This will create more availability for the Social Worker to law enforcement and the City of Vista for targeted ride-along support,outreach and engagement as well as increased opportunity to build trust and rapport with homeless individuals encountered. Thus,the Social Worker can focus on the promotion of services, support, and housing readiness to better achieve the goal of housing acquisition. These efforts will be further enhanced through partnership with the Housing Navigator who will receive warm hand-off s from the Social Worker to provide focused,intensive housing readiness,referral,placement and assistance to remain housed. This will provide targeted follow-through for the goals established by the Social Worker and clients towards housing.
The Social Worker and Housing Navigator will be knowledgeable of local and county-wide resources to be able to create linkages and referrals,on the spot, for those individuals encountered in the field with members of the COPPS Team,City departments,local social service agencies and treatment centers. Referrals will include emergency and on-going food sources,health care,hygiene supplies, ID cards and application to benefit programs,housing,medical and substance use resources. The Housing Navigator will utilize a Housing First model approach and begin housing readiness and referral. Additionally,the Social Worker and Housing Navigator will work in tandem to assist the City of Vista in the provision of critical services identified by the City of Vista to support homeless residents' recovery from the impact of the COVID-19 pandemic. Exodus was a subcontractor with Interfaith Community Services in Year 2 to identify and assess unhoused Vista residents,with a housing plan,to receive motel vouchers for up to a 21 day stay to support a smooth transition from the street to permanent housing. The strength and resources provided by the Exodus Social Worker and Housing Navigator team will be an asset to this project.
Target Population
For the purposes of this project,the Social Worker and Housing Navigator will focus on a priority population of homeless or at risk of homelessness individuals within the City of Vista. Exodus has been providing the City of Vista with a homeless outreach Social Worker since October of 2020 and has established trusting, working relationships with unhoused Vista residents. These are individuals with multiple co-morbidities and complex biopsychosocial histories.They present with multiple vulnerabilities associated with homelessness, severe mental illnesses(SMI), substance use disorders 2 09/27/2022 C6 Page 18 of 51
(SUD), chronic physical health conditions,past trauma and repeated justice-involvement. The Social Worker will ensure that the individuals accepted as referrals from the Vista Sheriff's Department and City of Vista are assessed and vetted as meeting criteria for the targeted services available to them using a number of tools. The client's level of vulnerability will be assessed by the Housing Navigator through the administration and review of the Vulnerability Index(VI-SPDAT)which will be entered into San Diego's Homeless Management Information System(HMIS)and utilized to make matches to appropriate housing and community resources. Combined, these tools will allow the Social Worker and Housing Navigator to develop a comprehensive, individualized representation of specific needs that will assist in planning, with the individual,to develop a pathway toward housing application and attainment.
Outreach and Engagement
Exodus has historically served the most vulnerable, complex, and marginalized members of the communities served. Our experience has taught us that intrinsic to treating the unsheltered and homeless population is initial engagement in a non-threatening and empathic way. The City of Vista Social Worker will continue to be trained by experienced Exodus staff to provide effective, street- based outreach and engagement by building therapeutic rapport and utilizing the Evidence Based Practices of Assertive Street Outreach and Motivational Interviewing with a Stages of Change approach. This will establish targeted outreach objectives that match the participant's readiness for change. Used appropriately, this model doesn't impose specific expectations or participation requirements but helps clients resolve any ambivalence towards accepting support and housing. The Social Worker and Housing Navigator will work to foster an environment of non judgmental, positive regard, whereby participants c an develop and work toward personal, meaningful goals utilizing their own resilience and real-world experience.
The Social Worker and Housing Navigator serving Vista will continue to conduct outreach and engagement with individuals identified by the Vista Sheriff's Department and City of Vista as requiring outreach,assessment and services. Outreach involves moving outside the walls of an agency to engage people experiencing homelessness, and associated vulnerabilities, who may be disconnected and alienated from mainstream services and supports. Engagement is a strengths-based process through which participants form a healing connection with people that support their recovery and wellness within the context of family, culture, and community from a trauma informed perspective. According to Exodus protocol, outreach and engagement is designed to help establish supportive relationships, offer support and guidance, and facilitate access to necessary housing, mental health, physical health and SUD services necessary to improve quality of life. The Social Worker will maintain ongoing communication with the Vista Sheriff's COPPS team and City regarding efforts to locate and engage potential participants. The Social Worker will maintain regular communication through telephone calls, a mails and meetings with the Vista COPPS sergeant and the Vista Housing Program Manager to keep them apprised of outreach efforts, progress and subsequent engagement activities with case management and housing services. The Social Worker, Housing Navigator and Exodus management will attend City Homelessness Task Force meetings at the direction of the City of Vista to review the caseload. The Social Worker and Housing Navigator will serve as productive and collaborative members of the team.
Screenings and Plans
Homeless individuals will be screened by the Social Worker/Care Manager utilizing a Homeless Outreach Worker screening tool Exodus has adopted and implemented with other outreach teams. The screening tool integrates relevant current and historical data pertaining to each participant's demographic characteristics, cultural, linguistic and other special needs, current or recent crises, current and past mental health symptoms and treatment, risk and safety concerns,homeless 3 09/27/2022 C6 Page 19 of 51
history and barriers to housing, legal issues, acute and chronic medical conditions and treatment providers, psychiatric and medical medications, current and past substance use, and past or recent traumas. This information assists with referral and linkage to the most appropriate,on-going agencies.
The Social Worker will collaborate with the Housing Navigator to assess each individual's identified needs, goals and desires for housing, linkage and recovery. The assessment will identify client's critical and immediate needs pertaining to housing readiness and retention, independent living skills, linkage to primary and specialty care, access to specialty mental health and SUD services and other community resources. The Social Worker,with assistance from the Housing Navigator,will assess barriers to housing such as lack of photo ID or Driver's License, Social Security Card,Birth Certificate,unfavorable rental history and/or credit history,justice involvement, evictions,judgements or writs of restitution. Social Worker and Housing Navigator will also assess a client's risk factors such as areas of negative influence(i.e. illegal drug use and/or purchase)or location of flight from domestic or intimate partner violence, stalking or date rape. They will also take into consideration areas of self-care and advancement, such as access to medical services for physical and mental health, employment, and education.
The Housing Navigator will assess client housing needs such as a desire to live in housing,preference for a congregate vs non-congregate setting, ability to pay for rent through earned or benefitted income,Rental Assistance Program(s), or the eligibility to utilize the Housing and Disability Advocacy Program(HDAP) funding. Housing Navigator will connect clients to the local Public Housing Authorities (PHA)to help update existing applications for housing or rental assistance as well as help with initial sign up and/or transfer of application to appropriate PHA.
Social Worker and Housing Navigator will work closely with the client to create a housing stability plan and household budget that includes(but is not limited to)rental payments,utilities, items needed in the household to maintain safe and sanitary conditions, and essential household items. Once a plan is in place,the Housing Navigator will use local resources such as message boards,internet,current housing provider partnerships, 211/CIE to locate vacancies within the client's scope of need. The Housing Navigator will obtain copies of housing applications and W-9s from owner/agents,help client complete the written or online application, and facilitate turning in the application with fees being paid for by the client,HDAP, or other programs/agencies.
Social Worker will be monitoring client's progress during this process.
The Housing Navigator will work with clients to help facilitate a successful tenant/landlord relationship as well as successful participation in rental assistance programs. The Housing Navigator will do monthly face-to-face home visits/check-ins with newly-housed clients to determine housing stability, facilitate turning in requests for repair,track rental payments, ensure client maintains housekeeping, and identify signs of unsafe or unsanitary conditions that need to be addressed. Social Worker will remain apprised of client's housing stability with the goal of the client remaining in housing successfully beyond nine months.
Social Worker will assist in the development of a long-term support plan with the Housing Navigator and client to ensure that previously homeless residents maintain housing and continue to progress toward their personalized goals.
Collaboration and Linkage to Services
Exodus has initiated and will continue to develop linkage agreements and Memoranda of Understanding (MOUs)that will serve to strengthen and solidify the relationship between community resources and the Vista Social Worker's efforts. These partnerships and specific referral procedures will ensure readily available,reliable access and seamless linkage to resources for Vista unhoused participants and aid in the coordination of participant care with housing services,advocacy programs, 4 09/27/2022 C6 Page 20 of 51
legal assistance, chemical dependency services, detox services,physical health care and mental health care.
Case management and referral focused on housing will be a team effort addressed by the Exodus Social Worker and Housing Navigator. The Housing Navigator will use a client-centered,Housing First approach that prioritizes housing for people experiencing homelessness. The priority is to end client's homelessness so individuals can pursue personal goals and improve their quality of life. The Housing Navigator will use the five key principles of Housing First: no requirements for housing readiness,client choice/self- determination,trauma-informed approach, individualized client-centered supportplans,as well as promotion of social and community integration.
The client's Vulnerability Index-Services Prioritization Decision Assessment Tool(VI-SPDAT)will be entered into CES and utilized to match clients to appropriate housing. This will be accomplished by the Social Worker and Housing Navigator collecting and reporting data to create client profiles,enrolling clients in agency programs and referring clients to community queue for matching to housing opportunities through the Clarity system. The Housing Navigator connects clients to the local Public Housing Authorities (PHA)to help update existing applications for housing or rental assistance as well as help with initial sign up and/or transfer of application to appropriate PHA.Furthermore,Housing Navigator will use local resources such as message boards, internet, current housing provider partnerships,211/CIE to locate vacancies within the client's scope of need. Exodus is also familiar with housing specialized populations.
For instance,The North County LGBTQ Resource Center provides crisis and transitional housing to LGBTQ youth, ages 14-22 who are homeless and at risk for homelessness,providing a safe place to reside with an ultimate goal of reuniting families whenever possible. For families at risk of homelessness due to COVID-19,the Case Worker will link these clients to available city, state, or federal fundingto prevent them from becoming homeless.
Goals
The Social Worker and Housing Navigator will set goals to ensure that even the most vulnerable homeless individuals in Vista have the resources and support they need to thrive. This team will bring together and provide access to health, mental health, SUD,housing and social service delivery entities across the North region to those encountered in the City of Vista.. The Housing Navigator will assist clients to sustain housing tenancy through the use of the Evidence Based Practice (EBP) Critical Time Intervention(CTI)and targeted interventions. These include: housing assessments, development of an individualized housing support plan, assistance with housing application/search process, assisting the move, identifying, and securing funding services for those eligible. Clients will be screened for state funding which could provide additional resources to assist with the establishment of a basic household, such as: application fees,security deposit, set-up fees for utilities, first month coverage of utilities, essential household furnishings, first month's rent;pest eradication and one-time cleaning. In addition, the Social Worker, in tandem with the Housing Navigator will assist the client with the development of a housing support crisis plan, individual housing and tenancy sustaining services,early intervention for behaviors thatjeopardize housing,training resources for tenant/landlord rights and responsibilities, assisting in resolving disputes with landlords/neighbors and support related to lease compliance and household management.
Outcome Data to be collected
- Number of individuals outreached by Social Worker
5 09/27/2022 C6 Page 21 of 51
- Number of Comprehensive Care plans developed
- Number of referrals made to community agencies for services - Number of individuals placed in temporary housing
- Number of individuals placed in permanent supportive housing - Number of individuals successfully linked to HDAP (Homeless and Disability Advocacy Program Funding) to assist with housing
- Number of individuals remaining in housing for 9 months Reasons for homelessness
This data will be submitted to the City of Vista on a monthly basis. Bi-annual reports will be submitted to the City per request.
The Social Worker and Housing Navigator team will provide "whatever it takes" wraparound services, coordinating services across multiple systems to assist clients in regaining stability and improved health,life skills and housing readiness. The team will also work collaboratively with family members and other natural supports from the community, such as faith-based organizations and support groups. These efforts will be in tandem with the outreach and follow up provided by the Social Worker monitoring the progress and location of the person served.
Staffing
Exodus is offering to continue to provide the City of Vista with a full time,40 hour per week Social Worker and a 40 hour per week Housing Navigator. Both Social Worker and Housing Navigator will work Monday through Friday between the hours of 8-5 pm.
The qualifications and service provision for the Social Worker include the following; Three(3)years clinical and case management experience working in the behavioral health field providing direct client care and case management experience,working with complex clients with serious and persistent mental illness and substance use preferred. Experience working with homeless populations. Proficient knowledge of community resources. Strong verbal and written communication skills. Strong knowledge of therapeutic interventions, assessment, community resources and crisis intervention skills. Ability to work independently and show mature judgement as well as an ability to work collaboratively with law enforcement and the City of Vista.
Ability to set priorities and manage time effectively. Will have a valid California driver's license. Bilingual in Spanish preferred. Knowledge of treating felony and misdemeanor offenders desired. The Social Worker is responsible for delivery of clinically related services such as solution-focused interventions, motivational interviewing, crisis intervention, assessment(within scope of practice), collateral and case management services. Social Worker serves as a primary, service coordinator for program clients, as required by specific program guidelines. Social Worker will provide mental and or health related services and care coordination,targeted case management, crisis intervention, collateral services and community outreach and engagement to a complex group of clients who may have multiple conditions including homelessness.
The qualifications for the Housing Navigator include a minimum of two(2)years housing experience working with vulnerable populations. Experienced housing leader with excellent client and project management skills.
Action-oriented with strong ability to communicate effectively. Ability and knowledge to assist clients with temporary and permanent housing placement. Ability to effectively connect with local homeless resources (shelters, bridge housing, donation centers, etc.). Ability to manage relationships with landlords, property management companies, homeless resource organizations, Regional Task Force and local Housing Authorities. Able to input client data into San Diego County databases (e.g., CES). Will attend community housing and resource meetings. Educates clients about budget management and living self-sufficiently.
Clarity Administrator for Exodus.Responsible for outreach and networking within the community in order to 6 09/27/2022 C6 Page 22 of 51
maintain an up-to-date record of available housing resources including Regional Task Force, Local Housing Authorities and the V.A. Attend housing rental assistance voucher briefings and lease signings with clients.
Social Worker and Housing Navigator are responsible for linking clients to resources in the community and act as community liaisons to establish and maintain community partnerships. They will continue to build effective relationships with clients, community, Vista Sheriff's COPPS team and City of Vista Housing Division.
Accomplishments
Exodus Recovery has been contracted with the City of Vista since August of 2020 providing a full-time Social Worker to support the city's Homeless Strategic Plan. The social worker collaborates with multiple city departments including City Manager's Office, Code Enforcement, Planning, Public Works, Recreation, Stormwater, Vista Sheriff's Department, City Attorney's Office, and Economic Development to provide outreach and case management services to the homeless population of Vista.
Since the inception of the City of Vista Social Work Program, 416 clients have engaged with the Social Worker/Care Manager. Of the 416 clients served, 376 clients were unduplicated and 40 clients had more than one engagement period. The Social Worker/Care Manager and Housing Navigator have facilitated 737 successful linkages to services including benefit assistance (CalFresh, General Relief, Medi-Cal, Government Cell Phone, Ca1WORKS, SSI/SSDI, VA Benefits, Unemployment Benefits, State Disability), mental health services, substance use/abuse services, physical health care,rental assistance, transportation, VI-SPDAT, drivers license/ID, shower/laundry, birth certificate, COVID-19 temporary lodging, employment services, legal services, and education/training services. The City of Vista Social Work Program has made 96 motel reservations since February 2021 which has supported households in transitioning from homelessness to emergency shelters and permanent supportive housing. The Social Worker/Care Manager facilitated 37 successful linkages to emergency shelter. Eight households have been issued a Section 8 Voucher since June 2021 and three of those households have been successfully housed. Significant barriers delaying successful placement of the remaining five households include lack of available funding for security deposits and holding fees as well as housing inventory within HUD's payment standards. A total of 19 households were successfully linked to North County Lifeline's Homeless Prevention Program which prevented some households from becoming homeless and helped other households end their homelessness.
Budget (see attached)
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City of Vista Social Worker Program
Proposed PLHA Budget, 3 Year Comparison - Updated 9/19/22 Year 1 Year 2 Year 3
Annual Cost Annual Cost Annual Cost Notes/Narrative Personnel Cost
Social Worker (1 FTE) $ 59,987 $ 61,787 $ 63,640 One Full-Time Social Worker Housing Navigator (1 FTE) $ 57,845 $ 59,580 $ 61,368 One Full-Time Housing Navigator Community Health Worker (1 FTE) $ 47,840 $ 49,275 $ 50,753 One Full-Time Community Health Worker Manager/Supervisor (.5 FTE) $ 41,200 $ 42,436 $ 43,709 20 Hours/Week of Program Management/Supervision 20 Hours/Week of Data Collection, Reporting &
Data Collection/Reporting/Admin Assistant (.5 FTE) $ 23,566 $ 24,273 $ 25,002 Administrative Assistance Sub-total $ 230,438 $ 237,352 $ 244,472 Benefits 29% $ 66,903 $ 68,912 $ 71,347 Benefits at 29% (inc. FICA, FUTA, SUTA, WC, Admin Fee) TOTAL PERSONNEL COST $ 297,342 $ 306,263 $ 315,819 Operational Expenses
Staff Mileage $ 4,500 $ 4,500 $ 5,187 Staff mileage reimbursement at $0.585 per mile Leased Vehicles @ $438.19 (Trax) and $677 (Equinox) per 2 Vehicles (Trax and Equinox) to Enhance Homeless month plus $300 per month each for Insurance and $360 per Outreach Efforts and Activities for 2 years and 1 vehicle month each for gas for two years and only one vehicle (Equinox) for year 3 $ 29,208 $ 26,286 $ 16,044 (Equinox) with gas and insurance in year 3 Rent In-Kind In-Kind In-Kind Covered by Encampment Resolution Program Insurance In-Kind In-Kind In-Kind Covered by Exodus Equipment Maintenance/Repairs In-Kind In Kind In Kind Covered by Exodus Office Equipment (Computer) $ 3,900 - - Cost of Computer for CHW Work Station for Community Health Worker In Kind - - Desk, Chair, Filing Cabinet Office Supplies $ 2,400 $ 2,400 $ 2,400 Pens, Paper, Files, Staples, Hand Sanitizer, PPE, etc.
Staff Development/Training $ 2,100 $ - $ - CPR, Handle with Care, Cultural Competency, etc.
HMIS set-up fee of$175 and access fees of$25/month each for Social Worker, Housing Navigator and CHW plus $10
Fees/Licenses $ 1,195 $ 1,195 $ 1,195 agency fee per month Motel Vouchers were removed from the budget to align with Motel Vouchers $ - $ - $ - the City's funding capacity and requirements.
Two ILF Rooms (w/one-time $300 security deposit per bed per year, plus $900 per bed per month) = $22,200; One SRO (at $1,400 per month plus $1,400 security deposit) =
$18,200; Emergency Rental Assistance = $12K; Shared Room Rentals = $14,400; Landlord Incentives (Two $500 Initial Deposits plus three subsequent deposits at $250 each =
$1,750); Move-In Costs ($500 per move for 4 households = $2K); Family Reunification (Five Greyhound bus passes at $250 each = $1,250); Utility Support (inc. arears and
Housing $ 76,800 $ 76,800 $ 76,800 deposits) = $5K Expenses for client needs such as transportation (bus passes, Lyft Business account for transportation, Gas Cards), move- in supports, biohazard/cleaning services, food, clothing, birth certificates, identification cards, etc. This amount is Flex Funds $ 12,000 $ 12,000 $ 12,000 based on previous year's expenditures.
Monthly cell phone cost of$100 each for Social Worker,
Housing Navigator, Community Health Worker and Program
Telephone $ 4,800 $ 4,800 $ 4,800 Manager Utilities In-Kind In-Kind In-Kind Covered by Encampment Resolution Program Operation Expenses Subtotal $ 136,903 $ 127,981 $ 118,426 ADMINISTRATIVE OVERHEAD FEE @15% $ 65,137 $ 65,137 $ 65,137 Administrative Indirect at 15% TOTAL OPERATIONAL EXPENSES $ 499,381 $ 499,381 $ 499,381 Maximum Allowable 499,381 499,381 499,381
Difference (0.00) 0.00 (0.00)
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EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
001088281 Exhibit B
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. ® Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 001088281 Exhibit C, Page 1 of 3
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to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require 001088281 Exhibit C, Page 2 of 3
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complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 001088281 Exhibit C, Page 3 of 3
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
NOT APPLICABLE TO THIS CONTRACT
001088281 Exhibit D
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EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. ❑ State of California grant conditions, as attached.
2. ❑ Federal grant conditions, as attached.
3. ❑ Other conditions, as attached.
001088281 Exhibit E
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CONTRACT FOR SERVICES
THIS "CONTRACT" is entered into by and between the "Parties" as of ("Contract Date").
1.0 THE "PARTIES"
The "City": The "Contractor"
CITY OF VISTA, a chartered municipal INTERFAITH COMMUNITY SERVICES, corporation INC., A California nonprofit corporation 200 Civic Center Drive 550 W Washington Avenue
Vista, CA 92084 Escondido, CA 92025
Working Contact: Jonathan Lung Contact: MaryLynn McCorkle Billing Contact: Jonathan Lung
2.0 BASIC TERMS
2.1 Contractor has submitted to City a Proposal to perform certain "Services" dated September 9, 2022 ("Exhibit A").
2.2 The "Project" for which the Services are required is described in Exhibit A.
2.3 Contractor desires to enter into this "Contract" with City for the Services.
2.4 The "Contract Ceiling Price" is $ 200,000 per year.
3.0 CONTRACT TERM
This Contract shall be in effect for 12 calendar months ("Term"). The Term may be extended at the City's option for an additional 24 months, in increments of City's choice, for a maximum Term of 36 months from the Contract Date.
3.1 City may terminate this Contract upon 30-days' written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.
4.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions this Contract text and Exhibit A, this Contract text shall control.
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5.0 COMPENSATION
5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit A for the Services to be performed.
5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:
5.3.1 The changes, additions, and deductions to be made.
5.3.2 The increase or decrease in compensation due the Contractor, if any.
5.3.3 Adjustment in the time of completion, if any.
5.4 Contract Ceiling Price
5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.
5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
5.5 Except as provided in Exhibit A, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.
6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A—E.
7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES All Services under the Contract must be completed in compliance with the schedule in Exhibit A.
8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make City Services(Non-Construction)(No RFP) 2 of 9 INTERFATIH COMMUNITY SERVICES, INC. [72787-1100072787 2
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available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.
9.0 STANDARD OF PERFORMANCE
9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.
9.2 Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.
10.0 CONTRACTOR'S STATUS; CONTRACTOR'S EMPLOYEES
10.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.
10.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.
10.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.
10.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor's officers, employees, agents, and subcontractors that are included in this Contract.
10.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor City Services(Non-Construction)(No RFP) 3 of 9 INTERFATIH COMMUNITY SERVICES, INC. [72787-1100072787 2
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nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.
10.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.
11.0 CIVIL RIGHTS
11.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws, and regulations hereinafter enacted.
11.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person's race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.
11.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.
11.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.
11.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.
11.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.
11.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the City Services(Non-Construction)(No RFP) 4 of 9 INTERFATIH COMMUNITY SERVICES, INC. [72787-1100072787 2
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Contractor's officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.
12.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party ("Representative"). Any written or verbal directions or requests of City's Representative delivered to the Contractor's Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.
13.0 ASSIGNMENT AND SUBCONTRACTING
13.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
13.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this Contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager's designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager's designee.
14.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.
15.0 FINANCIAL RECORDS
15.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor's performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records City Services(Non-Construction)(No RFP) 5 of 9 INTERFATIH COMMUNITY SERVICES, INC. [72787-1100072787 2
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shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.
15.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.
16.0 OWNERSHIP OF DOCUMENTS
16.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.
16.2 Contractor represents that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.
17.0 CONFIDENTIALITY
17.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.
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17.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.
18.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively "Conflict Laws"). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.
Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
19.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term "City Official" shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.
20.0 INDEMNIFICATION
20.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, "Indemnitees") harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, "Liability") arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees' sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees' active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees' active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law ("Duty of Indemnification").
20.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or City Services(Non-Construction)(No RFP) 7 of 9 INTERFATIH COMMUNITY SERVICES, INC. [72787-1100072787 2
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subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
21.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.
22.0 SERVICE OF NOTICE
22.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party's Representative or by overnight courier service to the Party's address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.
22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.
23.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
24.0 SURVIVAL OF COVENANTS
Contractor's obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.
25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.
26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
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28.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.
Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
30.0 EXECUTION
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the Contract Date.
CITY OF VISTA, a chartered municipal INTERFAITH COMMUNITY SERVICES, a corporation California nonprofit corporation
By:
JUDY RITTER, MAYOR By:
ATTEST:
KATHY VALDEZ, CITY CLERK NAME/TITLE
By:
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
NAME/TITLE
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
APPROVED
Walter C.Chung
By: 20220912132520
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EXHIBIT A
CONTRACTOR'S PROPOSAL
000727872 Exhibit A
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DocuSign Envelope ID:45DB4D19-A228-4668-BEE4-7CD8650C6FE5 .� ` Alliance for
Tar Regional Solutions
Connecting North County
Alliance for Regional Solutions Bridge to Housing Shelter Network:
Homeless Reduction Work Plan
The Bridge to Housing Shelter Network is proposing to provide Vista residents experiencing homelessness with safe haven while simultaneously providing the tools and resources necessary to move each community member towards self-sufficiency. We will support the City of Vista by reducing homelessness by supporting the homeless community to reach their maximum level of independent and responsible functioning with safe haven in the Alliance for Regional Solutions shelter network.
The Alliance for Regional Solutions(Alliance) is proposing to enter into an agreement with the City of Vista to prioritize up to ten beds per night in existing low-barrier shelters that are a part of the Alliance Bridge Shelter Network, in alignment with the City of Vista's Strategic Plan to Address Homelessness.
Case management will be provided to individuals entering shelters, and options to deal with addictions are available; however,the services are not required to enter the shelter. Once accepted into the shelter, a person can remain for 60-90 nights, and perhaps more, if involved in supportive programs.The Alliance will coordinate with City staff and the contract Social Worker to arrange intake and transportation to a shelter.
Key Activities
• All of our North County Shelters will provide Vista residents experiencing homelessness with safe haven.These shelters include Interfaith Shelter Network (2 rotational seasonal shelter programs), Haven House, La Posada and Operation Hope North County. (See attachment for shelter details) • La Posada Men's Shelter in Carlsbad and Haven House in Escondido will each prioritize 5 beds,for a total of 10 beds for Vista residents experiencing homelessness.These shelter beds are low-barrier and will accommodate single persons.A low barrier facility is defined as a facility which will accept individuals who may have an addiction problem so long as they are not using drugs or alcohol in the facility.
• La Posada and Haven House will each appoint a staff contact that will work with Vista's Contract social worker and help with the referral process to get the Vista residents experiencing homelessness into one of these shelters. (See attachment for referral process.) • La Posada and Haven House will provide transportation for Vista residents that will be moving into their shelters. Interfaith Community Services and La Posada will each set aside$2,500 for transportation for Vista residents that will be entering the shelters.Transportation funds will be used for Uber/Lyft rides utilizing the shelter's ride share provider account,gas vouchers and bus passes. Coordination will be between the Vista Social Worker and a specified shelter contact. • The Alliance for Regional Solutions will provide quarterly reports that will track the number of successful Vista resident referrals that stayed at one of our North County shelters, demographic details of the individuals supported, location of housed/sheltered individuals, number of individuals still 09/27/2022 C6 Page 41 of 51
DocuSign Envelope ID:45DB4D19-A228-4668-BEE4-7CD8650C6FE5 housed,full accounting report of Flex funds used with receipt backup documentation on a form provided by the city.
Outcomes with measurable objectives:
Outcome:The Bridge to Housing Shelter Network is proposing to provide Vista residents experiencing homelessness with safe haven while simultaneously providing the tools and motivation necessary to move each community member towards self-sufficiency and their maximum level of independent and responsible functioning. Ultimately,the goal is to move clients from homelessness into their own stable, long-term housing.
Objective 1:By end of contract, the Bridge to Housing Network will provide shelter to a minimum of 32 unduplicated Vista community members experiencing homelessness*.
Objective 2:By end of contract, 90%of the Vista homeless community members being served will be connected to case-managed social services focused on stable, long-term housing.
Objective 3:By end of contract, 50%of the Vista homeless community members referred will be moved to long-term stable housing.
Costs and Payment Schedule:The proposed Homeless Reduction Plan: Securing Shelter Beds contract will annually cost$200,000. The Alliance will produce quarterly invoices for%of annual program costs.
Reports will be submitted 15 days following the closure of each financial quarter, i.e. October 1— December 31 reporting would be due on January 15,to be adjusted based on contract start date.
Invoices with full financial backup records including a detail sheet of expenditures, copies of receipts, etc.will be sent to the City of Vista.
The total Bridge to Housing Shelter Budget is$2,181,599.The network provides 56,436 bed nights per year to North County residents at a cost of$38.65 per bed night. The City of Vista will be contributing $4.22 for each bed night.
Terms of Contract: 12 months, renewable for up to two additional 12-month periods.
Thank you for your consideration.
DocuSigned by: DocuSigned by:
Lz-5F59,90EDF297461 Q ,col Vain,
... BOF3518CC7 D4A3...Greg ngleaJohn Van C eef CEO President
Interfaith Community Services, Fiscal Agent for the Alliance Alliance for Regional Solutions [email protected] [email protected] 09/27/2022 C6 Page 42 of 51
Ro' Alliance for
. r Regional Solutions
Connecting North County
INTERFAITH SHELTER NETWORK, NORTH INLAND ROTATIONAL WINTER SHELTER 550 W. Washington Avenue, Escondido
Please call to be pre-screened between 8am-5pm
Phone: 760-489-6380 x 249
This small rotating shelter is operated by faith communities in North Inland San Diego that provide 2 weeks at each location. All services are provided by faith community volunteers.
The shelter is open to men,women and families. You must be pre-screened by an Interfaith Community Services case manager to be in this shelter.
INTERFAITH SHELTER NETWORK, NORTH COASTAL ROTATIONAL WINTER SHELTER 650 Second Street, Encinitas
Please call to be prescreened by a case manager
Phone: 760-753-8300 x 1301
In the North Coastal and North Inland regions,this small rotating shelter is operated by faith communities that provide 2 weeks at each location. All services are provided by faith community volunteers.
The shelter is open to men, women and families. You must be pre-screened by a Community Resource Center case manager to be in this shelter. You may stay for up to 8 weeks and the main requirement is that you be gainfully employed or actively working towards being employed.
HAVEN HOUSE
550 W. Washington Avenue, Escondido
Year Round
760-489-6380 x 274
The Escondido shelter is open year round. There are 49 beds for single men and women. Evening meals are served. Breakfast is served. Referrals are through Interfaith Community Services office at 760- 489-6380 x 274
OPERATION HOPE NORTH COUNTY
859 East Vista Way, Vista
Year Round
Phone: 760-536-3880
Admission begins with completing the online screening form at www.operationhopeshelter.org Operation Hope North County is a year round shelter for families and women operating year round. The shelter is located in Vista and is setup to provide some privacy for families. Educational and enrichment programs are offered in the evening.
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CATHOLIC CHARITIES LA POSADA de GUADALUPE
2476 Impala Drive, Carlsbad
Year Round
Phone: 760-929-2322
Please call La Posada each morning between 8:00-10:00am for availability.
La Posada is located in Carlsbad and operates a year-round short term shelter for farm-workers and men in need of shelter. Support services include case management, showers, breakfast, bagged lunches and supper.
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Referral and Prioritization Process for Haven House and La Posada Haven House
Address: 550 W. Washington Avenue, Escondido, CA 92025
Hours of Operation: 5:30PM-6:30AM
Capacity: 49 beds
Service Population: Single Men and Women
Contact Person: Gersain Medina (Site Supervisor-Shelters) [email protected] Phone Number: (760) 489-6380 X276
Intakes: are done on a walk-in basis. Intake paperwork is done upon Client availability. Showers and laundry for new intakes are done starting at 3pm Monday-Friday.
Details for prioritization:All referrals will be sent to Gersain Medina via e-mail. If unable to email they may reach Gersain via phone. Bed availability will be sent out once three times a week so that they know what type of bed is open (ie:top female bunk, or bottom male bunk, etc.) La Posada
Address: 2476 Impala Drive, Carlsbad, CA 92010
Hours of Operation: 24/7
Capacity: 50 beds
Service Population: Single Men
Contact Person: Claudia Montes [email protected]
Phone Number: (619)696-0873
Intakes: Potential residents can call La Posada weekdays between 9 AM and 12 noon to complete a phone screening and eligible candidates are referred to the next orientation and intake session. New resident intakes are done Monday, Wednesday and Friday beginning at 1 PM when beds are available.
Accommodations can be made for potential residents who are working or unavailable during regular intake times.
Details for prioritization: Bed availability is sent out daily. Community partners, including the City of Vista,can make referrals by sending Clarity numbers of shelter candidates to Claudia Montes via e- mail. Client without a Clarity number can sign a release and their information can be faxed to La Posada. Names or other identifying information can only be sent via encrypted email. Referrals can also be made by calling Joaquin directly. Referrals from homeless outreach teams and City partners may be accepted at other than regular intake times if a bed is available. 09/27/2022 C6 Page 45 of 51
EXHIBIT B
NOT APPLICABLE TO THIS CONTRACT
000727872 Exhibit B
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EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor's Duty of Indemnification.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Contractor shall also provide the additional coverages checked below and at least as broad as:
4. ❑ Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 000727872 Exhibit C, Page 1 of 3
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to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to City for review.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. City reserves the right to require 000727872 Exhibit C, Page 2 of 3
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complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 000727872 Exhibit C, Page 3 of 3
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
NOT APPLICABLE TO THIS CONTRACT
000727872 Exhibit D
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EXHIBIT E
SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:
1. ❑ State of California grant conditions, as attached.
2. ❑ Federal grant conditions, as attached.
3. ❑ Other conditions, as attached.
000727872 Exhibit E
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