ACTION:
____________________________
Clerk/Secretary
Department: City Manager’s Office Item No: D2
Prepared by: Jonathan Lung, Homeless Services Program Manager Meeting Date: September 26, 2023 Approved by:
Imelda M. Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Discussion
SUBJECT: MASTER LEASE AND REQUEST FOR PROPOSALS FOR BUENA CREEK NAVIGATION CENTER
RECOMMENDATION:
1.Discuss the request for proposals for Buena Creek Navigation Center Operator Services.
2.Adopt City Council Resolution No. 2023- , approving a master lease and request for proposals for the Buena Creek Navigation Center.
3.Adopt City Council Resolution No. 2023- , amending the Operating Budget for Fiscal Years 2023/2024 and 2024/25.
CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.
PRIOR ACTION: On September 12, 2023, discussed the status of the City’s homeless shelter program, proposed changes to the agreement for shelter beds, and options for expediting the opening of the non- congregate shelter and directed staff to bring necessary items to the City Council at the September 26, 2023 meeting (Vote: No Vote).
On September 27, 2022, adopted City Council Resolution No. 2022-143, approving an agreement with Interfaith Community Services, Inc. to provide shelter beds to address homelessness in Vista (Vote: 5-0).
On September 28, 2021, adopted the following City Council Resolution 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 City Council Resolution No. 2020-140, approving an agreement with Interfaith Community Services, Inc. to provide shelter beds to address homelessness in Vista (Vote: 5-0).
STATEMENT ON THE SUBJECT: On March 27, 2023, the City of Vista submitted a proposal for a non- congregate interim housing project in response to a call for programmatic requests in the state budget appropriations. On April 25, 2023, City staff met virtually with Senator Catherine Blakespear and her staff to discuss the details of the project further and on July 14, 2023, a tour was held at the proposed site.
Later that same day, Senator Blakespear’s office published a press release which identified $10 million in state funding for community projects that were approved with the 2023-3024 state budget proposal, which included $5 million for the City of Vista’s proposed non-congregate interim housing project.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-172.
Vote: 5-0; 2) City Council Resolution No. 2023-173. Vote: 5-0.
MEETING DATE: September 26, 2023 PAGE 2
SUBJECT: MASTER LEASE AND REQUEST FOR PROPOSALS FOR BUENA CREEK NAVIGATION CENTER
Request for Proposals. The Cities of Vista and Encinitas are jointly soliciting proposals from qualified service providers for the operation of the Buena Creek Navigation Center (BCNC or “Center”), which will be a low-barrier non-congregate navigation center, located in an unincorporated area of San Diego County in Vista. The Center will operate with 24 single room occupancy units, 18 allocated to the City of Vista and 6 allocated to the City of Encinitas, to help individuals experiencing homelessness or that are living in conditions not suitable for habitation. The proposed Center is intended to operate year-round.
The Cities of Vista and Encinitas (Cities) are committed to providing a secure environment where people experiencing homelessness may shelter, heal, and get on a path towards self-sufficiency. The Cities intend for the BCNC to operate with the highest standards in safety, sanitation, and public services, creating a positive environment both inside the Center and in the surrounding neighborhood. The Cities will evaluate each proposal submitted and rely on the expertise of the provider to prepare a plan for the best structural setup for its guests and overall operation and management of the Center. The Cities shall approve the plan for the operation and management of the Center with the goal of collaborating with the Center operator to be responsive, respectful, and supportive to both the community experiencing homelessness and the greater local business and residential community. The resulting collaboration will develop the Center for people experiencing homelessness that will create pathways towards permanent housing, income, healthcare, and stability through continued care services. Rent of the Center will be paid by the Cities through separate master lease agreements with the property owner. The draft request for proposals (RFP) is attached as Exhibit 3 and the master lease agreement for the City of Vista is attached as Exhibit 4. A Letter of Intent outlining the Cities’ respective contributions and commitments is attached as Exhibit 5, and a Memorandum of Understanding between the Cities is attached as Exhibit 6.
The proposals will be evaluated based on the following criteria:
A. Organizational Experience, Readiness and Program Description 20 points B. General Program Overview 15 points
C. Level and Types of Services 15 points
D. Service Partners 10 points
E. Client Selection and Service Delivery 15 points
F.
Participation in Coordinated Entry System & Performance Measures (Measurable Objectives and Outcomes) 10 points
G. Annual Operating Budget 15 points
Total 100 Points
Upon approval of the release of the RFP by Vista City Council on September 26, 2023, and Encinitas City Council on September 27, 2023, the joint RFP will be publicly noticed as early as Thursday, September 28, 2023. Proposers will have until October 12 to submit questions and request a site tour and site tours will be available between October 5 through October 20. The submission deadline for all proposals will be 4:00 p.m. on Friday, November 3, 2023. Proposals will be evaluated between November 6 and November 17, with interviews with top candidates scheduled during this time if determined to be necessary. Selection and notification of award will occur on Wednesday, November 22, 2023. A contract will be drafted with the selected proposer and recommended to Vista City Council at a special meeting tentatively scheduled for Tuesday, November 28, 2023.
Master Lease. The master lease will be for three adjacent parcels located in Vista, in the unincorporated area of San Diego County. Two buildings, located at 2170-2172 S Santa Fe Avenue, Vista, CA 92084 (APN 184-131-04-00) and 2162-2164 S. Santa Fe Avenue, Vista, CA 92084 (APN 184-131-03-00), will be 09/26/2023 D2 2 of 99
MEETING DATE: September 26, 2023 PAGE 3
SUBJECT: MASTER LEASE AND REQUEST FOR PROPOSALS FOR BUENA CREEK NAVIGATION CENTER
utilized to shelter clients. Each of these buildings includes two stories, each story (+1,575 square feet (sf)) containing six bedrooms, two bathrooms, and a kitchen with each floor having separate exterior entrances with locks to secure each floor independently. Each kitchen contains a sink, refrigerator, stove, and microwave. The City of Vista will control three floors between both buildings, totaling 18 units, and the City of Encinitas will control one floor of one building, totaling 6 units. The buildings’ floor plans are attached as Exhibit 7.
An approximately 1,969 sf single family home is located on the third adjacent parcel at 2148 S. Santa Fe Avenue, Vista, CA 92084 (APN 184-131-09-00) and contains four bedrooms and one and a half bathrooms. This building is available for staff housing or another proposed use. This parcel also contains a separate approximately 484 sf garage unit that has been converted and can be utilized as a common area and administrative space. A washing and drying machine, sink, dish washer, and a refrigerator are in this unit and will be available for residents and program staff to use. The Cities of Vista and Encinitas will have equal access to both of these buildings. The Center is located within 300 feet of the Buena Creek Station of the Sprinter light rail line and within 100 feet of a Breeze bus stop.
The City of Vista’s master lease is proposed at $33,000 per month for a 36-month lease period, for a total cost of $1,188,000 for the term of the lease. This includes $10,000 per floor per month which, at 6 units per floor, equates to $1,667 per unit per month. The U.S. Department of Housing and Urban Development (HUD) 2024 Fair Market Rate (FMR) for efficiency units in zip code 92084 is $1,880. In addition, a $4,000 per month lease of the four-bedroom single family home is included with the BCNC. The 2024 HUD FMR for a four-bedroom home in 92084 is $4,220. Both the Cities of Vista and Encinitas will have access to this building for program use so each City will be responsible for this lease payment according to the bed allocation rate, which will be $3,000 for the City of Vista and $1,000 for the City of Encinitas per month.
FISCAL IMPACT: The direct fiscal impact associated with this item is $5,000,000 for three years.
Approval of the staff report will amend the Fiscal Years 2023/24 Operating Budget by recognizing $5,000,000 in revenue anticipated to be received from the State of California and making $5,000,000 in appropriations into the following accounts. City staffing costs of $661,460 in the Homeless Services Salaries account (0010355.511000.BCNC). Total lease payments for 36 months of $1,188,000 in the Homeless Services Lease Payments account (0010355.554000.BCNC). The remaining $3,150,540 in the Homeless Service Special Department Expense account (0010355.531500.BCNC).
EXHIBITS:
1.City Council Resolution No. 2023- , approving a master lease and request for proposals for the Buena Creek Navigation Center
2.City Council Resolution No. 2023- , amending the Operating Budget for Fiscal Years 2023/2024 and 2024/25
3.Draft Request for Proposals for Buena Creek Navigation Center Operator Services
4.Master lease agreement between Santa Fe House LLC and the City of Vista
5.Letter of Intent from the City of Vista to the City of Encinitas
6.Memorandum of Understanding between the Cities of Vista and Encinitas
7.Buena Creek Navigation Center floor plans
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00029213 7
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A MASTER LEASE AND REQUEST FOR
PROPOSALS FOR THE BUENA CREEK NAVIGATION CENTER
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Like many other regions in California, the County of San Diego has seen a rapid and troubling growth in the homeless population over the past several years, a condition that has been difficult to address given the increased rates of persons with untreated addictive disorders involving substance abuse and mental health conditions, the high cost of housing and property in the area, and the shortage of emergency, transitional, and affordable housing available in the County to serve this population;
B. As a result, local jurisdictions throughout the County have experienced increased incidents of unlawful camping and loitering activities in and upon portions of the public rights-of- way, parks, and other public facilities (“Public Property”) in violation of local anti-camping, anti- loitering, and/or park closure ordinances and regulations; C.The use of Public Property in this manner creates health and safety risks to unsheltered persons due to traffic hazards, exposure to weather, inadequate sanitation, and other conditions detrimental to their wellbeing, and negatively impacts the health, safety, and general welfare of the community by degrading the environmental and physical condition of such Public Property, increasing risks associated the spread of illnesses, and frustrating the public purpose for which such Public Property is dedicated; D. Shelter beds within the Alliance for Regional Solutions (Alliance) shelter network contracted for by the City have become increasingly unavailable on a daily basis which prohibits immediate shelter placement of unsheltered Vista residents and also furstrates the City’s ability to enforce its anti-camping, anit-loitering, and park closure ordinances;
E. A state of immediate urgency is recognized by this Council which compels the City to work expeditiously with the City of Encinitas to solicit for operator services of the shared Buena Creek Navigation Center to provide immediate opportunities for shelter of unsheltered residents to supplement the provision of shelter beds within Alliance shelter network.
2. Action.
A. The City Council approves the master lease between Santa Fe House LLC and the City of Vista effective October 1, 2023.
B. The City Council approves the release of the Request for Proposals for Buena Creek Navigation Center Operator Services.
C. The Mayor is authorized to execute the master lease on behalf of the City. 09/26/2023 D2 4 of 99
EXHIBIT 1
RESOLUTION NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7BCNC Reso.docx
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 26, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230920120744
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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00029213 7
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR FISCAL YEARS 2023/24 AND 2024/25
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On July 10, 2023, Governor Gavin Newsom approved Assembly Bill 102, which included $5,000,000 for the City of Vista for interim and permanent support housing units.
B. The City Council desires to amend the Operating and Capital Project Budgets at this time to reflect changed circumstances that will allow for immediate expenditure of these funds.
2. Action.
A. The Operating Budget for Fiscal Years 2023/24 and 2024/25 is amended as set forth in Exhibit A.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on September 26, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230920141636
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 2
RESOLUTION NO. 2023-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A
1. Account Number Account Description Increase Decrease 0010355.511000.BCNC Buena Creek Navigation Center Salary Costs 661,460$ 0010355.554000.BCNC Buena Creek Navigation Center Lease Payments 1,188,000$ 0010355.531500.BCNC Buena Creek Navigation Center Operator Services 3,150,540$ 0010027.425029.BCNC AB-102 State Budget Appropriation 5,000,000$ Appropriations are hereby made (and estimated revenues are hereby adjusted) to fund (the subject project). 09/26/2023 D2 7 of 99
Release Date: September 28, 2023
Submittal Date: November 3, 2023
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Request for Proposals
Buena Creek Navigation Center
Operator Services
September 28, 2023
Collaborative Partners:
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EXHIBIT 3
Release Date: September 28, 2023
Submittal Date: November 3, 2023
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Table of Contents
Overview 3
Collaborative Partners and Funding Availability 3
Contract Period 3
Location Description and Configuration 3
Scope of Services 4
Work Plan 7
PLHA Grant Requirements-City of Encinitas Only 7
Insurance Requirements 7
Payment for Services 7
Evaluation Criteria 8
Proposal Instructions 9
Submission of Questions 13
Timeline for RFP Submission and Award 13
Appendix A - 2170-2172 and 2162-2164 S Santa Fe Avenue Floor Plans 14 Appendix B – City of Encinitas PLHA Grant Conditions and Requirements 17 Appendix C – City of Vista Standard Agreement Template 39 Appendix D – City of Encinitas Standard Agreement Template 56 Appendix E – Application Form 70
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Overview
The Cities of Vista and Encinitas (collectively “Collaborative Partners” or individually “Collaborative Partner”) are jointly soliciting proposals from qualified service providers for the operation of an adult only low-barrier non-congregate navigation center located in an unincorporated area of San Diego County near Vista (hereafter “Center”). The Center will operate with 24 single room occupancy units to help individuals experiencing homelessness or that are living in conditions not suitable for habitation. The proposed Center is intended to operate year- round. Responses to this Request for Proposals (RFP) must include a preliminary but well-defined scope of work, schedule, staffing resources, and budget for proposed items as well as a list of all sub-contractors.
Collaborative Partners and Funding Availability
City of Vista
Incorporated in 1963, the City of Vista is located seven miles inland from the Pacific Ocean in North San Diego County, with an approximate population of 100,291 residents. The 2023 Point in Time Count identified 88 unsheltered residents in Vista. Funding contribution from the City of Vista will be from California State Budget earmark funding and has been secured for three years and administered by the Housing & Homeless Services Division. Supplemental funding has been identified to extend this program for two additional years.
Contact: Jonathan Lung, Homeless Services Program Manager [email protected], 760.643.5 209
www.cityofvista.com
City of Encinitas
Incorporated in 1986, the City of Encinitas is located along six miles of the Pacific coastline in North County San Diego, with an approximate population of 60,000 residents. The 2023 Point in Time Count identified 73 unsheltered residents in Encinitas. Funding contribution from the City of Encinitas will be from the Department of Housing and Community Development (HCD) 2022 Permanent Local Housing Allocation Program (PLHA) Entitlement and Non-Entitlement Local Government Formula Component for three years with a two-year extension and will be administered by the Advance Planning Housing and Policy.
Contact: Steven Gonzales, Homeless Solutions Manager
[email protected], 760.633.2683
Patty Anders, Planning Manager, Housing & Policy
[email protected], 760.633-2721
www.encinitasca.gov
Contract Period
The awarded contract will be for 36 months with an option of two additional one-year contract extensions for a maximum of two 12-month extensions and is anticipated to begin in January 2024.
Location Description and Configuration
The Center will operate within three adjacent parcels. Two of these parcels (each containing a building) will be master leased by the Collaborative Partners at 2170-2172 S Santa Fe Avenue, 09/26/2023 D2 10 of 99
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Vista, CA 92084 (APN 184 -131 -04 -00) and 2162-2164 S. Santa Fe Avenue, Vista, CA 92084 (APN 184-131-03-00). Each of these buildings will be utilized to shelter clients and includes two stories, each story (+1,575 sf) c ontaining six bedrooms, two bathrooms, and a kitchen with each floor having separate exterior entrances with locks to secure each floor independently. Each kitchen contains a sink, refrigerator, stove, and microwave. Three floors for a total of 18 units will be reserved for Vista Homeless Outreach Team (HOT) referrals and one floor totaling 6 units will be reserved for Encinitas HOT referrals. The individual living units are unfurnished, and furnishings must be included with proposals. The buildings’ floor plans are attached as Appendix A.
An approximately 1,969 sf single family home is located on the third adjacent parcel at 2148 S.
Santa Fe Avenue, Vista, CA 92084 (APN 184-131-09-00) and contains four bedrooms and one and a half bathrooms. This building is available for staff housing, or other use proposed by proposers.
This parcel also contains a separate approximately 484 sf garage unit that has been converted and can be utilized as a common area and administrative space. A wash ing and drying machine, sink, dish washer, and a refrigerator are in this unit and will be available for residents and program staff to use.
The Center is located within 300 feet of the Buena Creek Station of the Sprinter light rail line and within 100 feet of a Breeze bus stop.
Site tours are encouraged and available upon request.
Scope of Services
The Collaborative Partners are seeking an experienced homeless services provider and shelter operator to manage an adult only non-congregate low-barrier navigation center operations at the Center. The provider will assist people experiencing homelessness who meet the U.S.
Department of Housing and Urban Development definition of homeless1 with onsite services focusing on encampment residents.
The Collaborative Partners are committed to providing a secure environment where people experiencing homelessness may shelter, heal, and get on a path towards self-sufficiency. The Collaborative Partners intend for the Center to operate with the highest standards in safety, sanitation, and public services, creating a positive environment both inside the Center and in the surrounding neighborhood. The Collaborative Partners will evaluate each proposal submitted and rely on the expertise of the provider to a prepare a plan for the best structural setup for its clients and overall operation and management of the Center. The Collaborative Partners shall approve the plan for the operation and management of the Center. The Collaborative Partners’ goal is to collaborate with the Center operator to be responsive, respectful, and supportive to both the community experiencing homelessness and the greater local business and residential community. The resulting collaboration will develop the Center for people experiencing homelessness that will create pathways towards permanent housing, income, healthcare, and stability through continued care services. Rent of the Center will be paid by the Collaborative Partners.
1 Department of Housing and Urban Development 24 CFR Parts 91, 582, and 583. Federal Register, Vol. 76, No. 233 Monday, December 5, 2011, Rules and Regulations
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Services shall address the following key elements within the proposal:
1) Qualifications. Proposals will be considered from for-profit and private or public non-profit organizations, with preference given towards non-profit organizations, which meet the following criteria:
a. A minimum of three consecutive years of providing homeless services, specifically managing, and delivering homeless shelter/navigation center services.
b. Service provider must have the current organizational experience and staff capacity to undertake a new navigation center and services. c. Service provider must have a demonstrated knowledge of Housing First, Trauma -Informed Care, and Harm Reduction Practices. Provider must remain abreast of and implement new and developing evidence-based practices concerning homeless services.
d. Service provider and/or key personnel shall hold appropriate licenses or certificates for the disciplines and services as well as data information access to the Coordinated Entry System (CES), San Diego County Continuum of Care, and Homeless Management Information Systems (HMIS) prior to signing any contract for the operation of the Center.
e. Stable operating resources with the ability to fund operations through reimbursement turn-around of Collaborative Partners’ funds demonstrated by a ratio analysis of organizations most recent audited financial statements. f. Have not filed for bankruptcy under any business name over the past five years. g. Service provider shall not be on the Office of Federal Contract Compliance Programs (OPCCP) debarred or suspended contractors list. h. The service providers and all employees are qualified to do business and are in good standing with the California Secretary of State and the California Franchise Tax Board.
2) Support Services/Case Management. Proposers must provide Housing First, trauma- informed care, supportive services, and case management to Center clients. Included in these services are the following required, but not limited services:
a. Intake and assessment to include an Individual Service Plan (ISP) to create a customized service plan that “meets people where they are at” and addresses housing, financial, education, employment, and self-sufficiency, among other needs within 48 hours of participant’s intake. A Release of Information and Multiparty Authorization to Use and/or Disclose Information shall be completed by the participant.
b. Provide at a minimum clean sleeping space with bed/mattress coverings, blankets, sheets, pillows, and pillowcases, as appropriate for each participant. c. Initial hygiene kit to include at minimum, soap, towel, toothbrush, and toothpaste for each participant.
d. Three daily meals with meal schedule clearly communicated and advertised to participants.
e. Ongoing case management to support the goals of participants’ ISPs. Provider shall review and update the ISP at the first Case Management meeting and weekly thereafter.
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f. Ongoing Case Coordination and collaborate with Access Points2 and other service providers, such as Rapid Rehousing and Permanent Supportive Housing Provider, to coordinate housing search, placement, and transition for the participants.
g. Facilitation of case conferencing through weekly meetings with all service partners to discuss participant goals, services needed, and to track progress and support participants with meeting ISP goals.
h. Housing Search and Placement support by assisting participants with identifying strengths and needs in relation to searching for and obtaining housing. This may include, but is not limited to, reviewing credit reports and any eviction history, advocating on behalf of participants with landlords, notifying participants of housing opportunities, and assistance with housing applications. i. Retention Services to follow up with participants; track and report participants stabilization outcomes, 30, 60, 90 , and 365 days after they have exited the Center to a housing solution. Reporting information should include the following:
current housing situation, employment status, and location of the participant. j. Address behavioral health, both mental health and substance use, needs by referral to the level of appropriate care through the County of San Diego’s Behavioral Health Department.
k. Conduct monthly community meetings for participants and the surrounding business community where they may discuss building/program concerns and program ideas.
l. Coordination of medical and dental visits.
m. Assistance with participants in obtaining and maintaining income, identification, public benefits such as cash aid (e.g., CalWORKS, Social Security Income, etc.), CalFresh, and other food programs and/or Medi-Cal health coverage. n. Development of participants budgetary and financial literacy and assist participants in securing employment when ready.
o. Development of support groups to allow participants the opportunity for participation in organized gatherings for peer support that are appropriate for the facility’s hours of operation.
p. Daily wellness checks for participants.
q. Support services staff who are trained to respond to emergency situations and provide de-escalation and conflict resolution. All staff must be trained in CPR, AED, and the administration of NARCAN.
3) Operations. The provider is responsible for securing the facility and ensuring proper furnishing and maintenance of the Center. Basic operations must include but not limited to the following operations.
a. Procure and install all furnishings in living units (e.g., bed, dresser, nightstand, locking storage) and any additional furniture in common areas as identified by the proposal.
b. Develop, maintain, and document janitorial schedules for the Center, including, but not limited to cleaning floors; restrooms (e.g., floors, tile, showers, toilets, urinals, sinks); laundry machines (e.g., dryer vents); and kitchens (e.g., floors, sinks, counters, appliances); water fountains; and awarded provider will make sure that bathrooms are fully stocked with toilet paper, soap, and paper towels.
2 https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/covid19/Community_Sector_ Support/Homeless/Access%20Sites%20-%20Housing%20Resources.pdf 09/26/2023 D2 13 of 99
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c. Washing and cleaning of bed linens (sheets, pillowcases, comforters, etc.), towels, etc. weekly and upon new intake. Washer and dryer facilities are provided in common space at the Center.
d. Storage of additional beds to be utilized within a single room to accommodate couples sheltering together.
e. Necessary furnishings and amenities to provide reasonable pet accommodations.
f. Transportation coordination for clients onto and off the property g. Provide, oversee and coordinate site security 24 hours per day. h. Other tasks as required to fulfill the requirements of managing and operating an adult only low barrier Navigation Center.
Work Plan
Proposers are required to include a work plan within the narrative section outlining the coordination and referral resources to successfully provide the support services and case management needs of participants, and how the Center operator will transition clients into permanent housing. Proposers shall also include a detailed staffing plan, and management and operation schedule for the Center.
PLHA Grant Requirements—City of Encinitas Only
The selected service provider shall agree and comply with all conditions and requirements of the PLHA grant as set forth by the HCD in Appendix B to the satisfaction of the City and HCD. The service providers and all employees are qualified to do business and are in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of the contract.
Monthly invoices shall include a description of services provided and associated costs identified per the eligible activities of the PLHA grant. The contractor will provide all requested documentation as needed to complete the annual PLHA grant report submitted to HCD or other documentation HCD may request.
The selected service provider shall assist the City in meeting all HCD Development PLHA Grant post-award requirements.
Insurance Requirements
Insurance must be procured prior to the execution of a contract. The selected organization will need to comply with each Collaborative Partner’s insurance, hold harmless and defense and indemnity requirements included with each Collaborative Partner’s Standard Agreement (see Appendices C and D).
Payment for Services
Each Collaborative Partner will pay the provider, per their individual contract, an amount to be mutually agreed upon between the Provider and each Collaborative Partner. Provider shall bill each Collaborative Partner monthly at the address set forth in each Collaborative Partner’s contract, for services rendered and as further defined in each Collaborative Partner’s contract.
For the City of Encinitas, invoice s shall include a cost breakdown of services provided per the categories identified in the PHLA grant.
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Evaluation Criteria
Service Providers will be evaluated based on the submission of complete and accurate proposal forms and requested narrative materials addressing all required scope of services, accurate proposal forms, and requested narrative materials. Service providers should demonstrate the organization’s experience serving persons experiencing homelessness and ability to manage an emergency shelter or navigation center program, including methodology, client/staff ratio, required certifications, and shelter maintenance experience of staff members. All proposals shall include professional references and evidence of their organization’s Board approval to apply for the RFP. The following scoring system will be utilized:
A. Organizational Experience, Readiness and Program Description 20 points B. General Program Overview 15 points
C. Level and Types of Services 15 points
D. Service Partners 10 points
E. Client Selection and Service Delivery 15 points
F.
Participation in Coordinated Entry System & Performance Measures (Measurable Objectives and Outcomes) 10 points
G. Annual Operating Budget 15 points
Total 100 Points
The Collaborative Partners reserve the right to amend, withdraw, and cancel this RFP. The Collaborative Partners also reserve the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the Collaborative Partners reserve the right to request additional information about any and all proposals that in Collaborative Partners’ opinion is necessary to assure that the proposer’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the services. All proposals shall be reviewed to verify that the proposer has met the minimum requirements as state d in this RFP. Proposals that have not followed the instructions, do not meet minimum content and quality standards, and/or do not provide references will be rejected as nonresponsive. The Collaborative Partners will act as the sole judge of the content of all proposals.
After proposals have been evaluated, the highest-ranking proposers may be invited to participate in an interview with the Collaborative Partners. The selected Organization shall enter into exclusive negotiations with the Collaborative Partners to formalize the Scope of Services and Compensation. If the Collaborative Partners are unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the Collaborative Partners will end negotiations with that organization and begin negotiations with the next organization which best meets the needs of the Collaborative Partners, and so on until the Collaborative Partners and an organization reach agreement. The Collaborative Partners intend to select the organization that offers the best value to the Collaborative Partners based on the criteria outlined above, which may be amended based on such negotiations as determined by the Collaborative Partners.
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Proposal Instructions
A completed submittal will include the following documents:
1. Cover letter describing your organization, mission, history, objectives, programs and services, and any other pertinent organizational capacity information. Include statement of capacity to meet qualifications including but not limited to each City’s insurance and related requirements and include 3 professional references (4 pages maximum).
2. Application Form (Appendix E).
3. Most recently completed Audited Financial Statements.
4. Organizational Chart including key staffing for the proposed Center.
5. Narrative Description (20-page limit) which included all of the following:
Program
a. Describe your organization’s experience working with local government, business, other providers and non-profit organizations through planning, design implementation, property management and operational phases.
b. Describe your organization’s experience providing social service programs to individuals experiencing homelessness and operating year-round emergency shelter and/or similar programs to the proposed Center. Attach list of Year-Round emergency shelter operated currently by your organization (include name of shelter, location, and total number of beds). Include relevant experience in San Diego County.
c. Explain how the Center will be integrated into the larger Continuum of Care system as well as the Collaborative Partners existing mission, business, budget, funding commitments, and capacity of agency to maintain and operate the Center.
d. Describe your organization’s prior experience with “persons experiencing homelessness, including those experiencing chronic homelessness”.
Target Goals/Expected Outcomes
a. Describe the target goals and expected outcomes for the Center and how they adhere to guidelines and expectation set forth by the U.S. Department of Housing and Urban Development’s HEARTH Act.
b. Describe how the Center will provide support to the entire regional Continuum of Care (CoC) helping t move the system towards a higher level of system performance, a reduction in the number of persons who experience homelessness in our community, and an increase in access to housing opportunities for 09/26/2023 D2 16 of 99
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chronically homeless individuals utilizing Center services. Indicators for measuring effective system performance should include the following key characteristics:
i. Reduction in First Time Homeless ‐ Are fewer people experiencing homelessness for the first‐time? Are only persons who have no safe, appropriate housing option being admitted to shelter?
ii. Overall Reduction in Number of Persons Who Experience Homelessness ‐ Are overall rates of homelessness declining? Is street homelessness declining? Is chronic homelessness declining?
iii. Reduction in the Length of Time Homeless ‐ Do people stay homeless for shorter periods of time? A reasonably short length of time homeless indicates system and program success in rapidly re‐housing persons who are homeless. It can also indicate efficiency related to turnover of beds which is essential to meet system demand for Year Round Emergency Shelter Program.
iv. Successful Resolution of Housing/Homeless Crisis – Do people resolve their housing/homeless crisis successfully by maintaining/obtaining permanent housing? Are people successfully connected to community‐ based supports?
v. Reduction in Recidivism (subsequent return to homelessness) - Are repeat occurrences of homelessness avoided or declining?
Staffing
a. Develop a staffing and management plan including hiring policy, required licensure and/or certifications, screening and acceptance procedures, staffing policies for safe and humane environment, policies for staff training (annual staff evaluation and training plan, documentation of staff training), communication, resources and referrals, mental health and addiction skills, self-care, emergency procedures (evacuation, first aid, CPR, 911 reporting), safety conduct (prevention of abuse, crisis intervention, conflict resolutions), and appropriate behavior for dignity and respect.
b. Describe the proposed staffing for the North County Collaborative Center. Provide title and description of staff to be hired and number of staff. Include all staff (including security). Describe hiring of staff (including leveraging of staff between multiple programs) or any subcontracts or vendor agreements. c. Provide resumes of key personnel; resumes will not be included in the 20 page limit of this section.
Administration
a. Describe your organization’s financial policies.
b. Describe your organization’s policies on financial requests from clients and client possessions and fund management.
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c. Describe your safety policy for the facility including facility maintenance, fire and earthquake safety, fire prevention, and inspection and maintenance schedules.
d. Describe your on-site safety and security plan addressing secured entrances, on- site security personnel, alarms, cameras, lighting, loitering policy, de-escalation policy, entrance and exit procedures, client storage, weapons on site, and procedure for contacting police.
e. Describe your health policies related to possession of controlled substances, drug possession, security, use and access of prescription medications, use of over-the-counter medications, client access to emergency and medical care, first aid equipment, supplies and procedures, and policies and procedures for disease prevention.
f. Describe food policies related to the provision of nutritional needs of clients, meeting health department standards, and provision for sanitary storage and food preparation.
g. Include your organization’s most recently filed annual audit and financial statement (as a separate attachment, not included in narrative page count).
Client Services
a. Describe the admission criteria and procedures including:
I. Client rules and guidelines and identify how clients are involved.
II. Identification requirements.
III. Screening requirements.
IV. Bed reservation system.
V. New clients.
VI. Day leave and returning clients.
VII. Hours of operation.
b. Provide a brief summary of the types of services available for clients including:
I. Type of service to be provided and expected outcomes to be achieved.
II. Length of stay for clients and any ability to extend.
III. Indicate level and type of supportive services (both on and off site).
IV. Location of services.
V. Proposed source of any additional funding for the services.
VI. Describe the level and frequency of case management.
c. Describe transportation policies including how clients will access the Center, staff transportation of clients, bus and client transportation services, delivery of Center goods, and community donations.
d. Describe how additional beds will be stored when not in use and placed in living units to accommodate couples.
e. Describe how the facility will accommodate pets and service animals. Describe policies pertaining to the shelter of animals on or off site.
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f. Describe how your organization will work with each Collaborative Partner’s project manager and staff to influence the design of the Center.
g. Describe how clients will be connected to permanent affordable housing.
6. Proposed Annual Operating Budget (not included in narrative page count)
Include a detailed budget for the annual operating costs for the three-year period associated with the Center per the scope of work and services outlined in this RFP. The budget shall include a breakdown of all costs including staff, management, operational needs, etc. and a total budget amount. Include a budget narrative that includes:
a. Description of the financial system utilized by the proposer, including how Collaborative Partner funds will be tracked separately from other funding sources. Identify whether your organization has sufficient funds to sustain the program for a minimum of three months until reimbursement of expenditures is received. Please submit documentation detailing your organization’s reserves.
Documentation may include cash and/or credit reserves.
b. Identify whether your organization has a personnel policy manual with an affirmative action plan and grievance procedure. If not, explain why not. Attach a list of the Board of Directors and resumes of key staff including program manager and fiscal officer.
c. Identify whether your organization has liability insurance coverage, in what amount, and with what insuring agency. Also identify whether your organization pays all payroll taxes and workers’ compensation as required by Federal and State Law. Additionally, note whether your organization has fidelity bond coverage for principal staff who handle the agency’s accounts, in what amount, and with what insuring agency. NOTE: If awarded Collaborative Partner funds, proposing agency must have $2,000,000 in liability coverage, automobile coverage, workers compensation coverage, and must list the Collaborative Partner as an additional insured on their policy. In addition, each City’s standard agreements attached hereto specify minimum insurance requirements, which cannot be waived.
All data, documents and other materials submitted in response to this RFP remain the property of the Collaborative Partners. Collaborative Partners reserve the right to retain all RFPs and proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposer of the conditions contained in this RFP and the appendices hereto unless clearly and specifically noted in the proposal and confirmed in the contract between the Collaborative Partners and the selected service provider.
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Submission of Proposals and Questions
To submit an application or ask a question, interested applicants shall register on City of Vista’s Electronic Bidding System, OpenGov Procurement,
https://secure.procurenow.com/portal/cityofvista . Once registered, applicants must download the application package while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Proposers that fail to download the application package will not appear on the Electronic Prospective Bidders List and their proposals will be considered non-responsive. If an applicant is unable to register or download the application package from OpenGov Procurement, an applicant representative may contact OpenGov Procurement to troubleshoot the problem.
All application documents must be uploaded using OpenGov Procurement at the time of opening applications as instructed in this RFP. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point applicants will receive an email confirmation from OpenGov Procurement. Applications must be received in OpenGov Procurement no later than 4:00 p.m. PM PST (on the dot) on Friday, November 3, 2023.
Applications received after the above stated time and date will not be considered. Email or fax responses will not be accepted.
Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum that will be provided through OpenGov Procurement to those listed on the Electronic Prospective Bidders’ List by via email.
Timeline for RFP Submission and Award
Activity Date
Public Notice announcing RFP September 28, 2023
Final Date for Submissions of Questions and Site Tour
Requests October 12, 2023
Site Tours October 5 – October 20, 2023
Submission Deadline November 3, 2023, 4:00 p.m.
Proposal Review and Interviews November 6 – November 17, 2023 Selection and Notification of Award November 22, 2023
Note: It is the Collaborative Partners’ intention to award solely based on the proposals; however, we reserve the right to schedule interviews if necessary. 09/26/2023 D2 20 of 99
Appendix A
2170-2172 and 2162-2164 S Santa Fe Avenue Floor Plans
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Appendix B
City of Encinitas PLHA Grant Conditions and Requirements
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STATE OF CALIFORNIA-DEPARTMENT OF GENERAL
SERVICES SCOID:
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER
22-PLHA-17778
PURCHASING AUTHORITY NUMBER (if applicable)
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Encinitas
2.The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
06/30/2030
3. The maximum amount of this Agreement is:
$665,494.00
4.The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
TITLE
Exhibit c• State of California General Terms and Conditions Exhibit D PLHA Program Terms and Conditions
Exhibit E Program-Specific Provisions and Special Conditions
TOTAL NUMBER OF PAGES ATTACHED
PAGES
5 3
GTC -04/2017
9 20
Items shown with an asterisk('), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https I\WIV dgs ca gov OLS'Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership.etc.) City of Encinitas
CONTRACTOR BUSINESS ADDRESS
505 South Vulcan Ave.
PRINTED NAME OF PERSON SIGNING
Pamela Antil
R AUTHORIZED SIGNATURE
Lz:::=-.Z
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130
PRINTED NAME OF PERSON SIGNING
Jenee McClain-Battiste
CONTRACTING AGENCY AUTHORIZED SIGNATURE
CITY
Encinitas
STATE OF CALIFORNIA
CITY
Sa cramento
STATE
CA
TITLE
City Manager
DATE SIGNED
ZIP
92024
(p / 1 7z.oJ_ �
STATE
CA
ZIP
95833
TITLE
Section Chief,
Contract Services
DATE SIGNED
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981) 06/23/2023
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EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
AUTHORITY, PURPOSE AND SCOPE OF WORK
1.Authority
Pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with Section 50470) Statutes of 2017 (SB 2, Atkins), which created the Building Homes and Jobs Trust Fund and the Permanent Local Housing Allocation (“PLHA”) Program (“Program”), this Standard Agreement along with all its exhibits (the “Agreement”) is entered under the authority of and in furtherance of the Program.
Pursuant to Health and Safety Code, Section 50470 (b), the California Department of Housing and Community Development (referred to herein as “HCD” or “Department”) has issued a Notice of Funding Availability (the “NOFA”), dated February 26, 2020, to govern administration of the fund and carry out the Program.
2.Purpose
In accordance with the authority cited above, an application was made to the State (the “Application”) for assistance from the Program for the purpose of making funding available to eligible local governments in California for housing related projects and programs that assist in addressing the unmet housing needs of their local communities.
By entering into this Agreement and thereby accepting the award of the PLHA grant funds (the “Grant”), the Contractor (sometimes referred to herein as the “Applicant”) agrees to comply with the terms and conditions of the NOFA, this Agreement, the representations contained in the Application, and the requirements of the authorities cited above.
3.Definitions
Capitalized terms not otherwise defined herein shall have the meaning of the definitions set forth in Health and Safety Code Section 50470 and Section 101 of the Guidelines.
4.Scope of Work
A.The scope of work (“Work”) for this Agreement shall consist of one or more of the following eligible uses:
1)The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.
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EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
2)The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high- cost areas. ADUs shall be available for a term of no less than thirty days. 3)Matching portions of funds placed into local or regional housing trust funds.
4)Matching portions of funds available through the Low- and Moderate- Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5)Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
6)Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a)This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b)Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).
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EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
7)Accessibility modifications in Lower-income Owner-occupied housing. 8)Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9)Homeownership opportunities, including, but not limited to, down payment assistance.
10)Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing Project.
B.A Local government that receives an allocation shall use no more than five percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation.
C.Two or more local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.
D.Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.
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EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
5.Department Contract Coordinator
The Department’s Contract Coordinator for this Agreement is the Division of Financial Assistance, Grant Management Section PLHA Manager or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the Department Contract Coordinator at the following address:
California Department of Housing and Community Development Attention: Permanent Local Housing Allocation (PLHA)
Grant Management Section, Suite 400
2020 West El Camino Avenue, CA 95833
P. O. Box 952050
Sacramento, CA 94252-2050
6.Contractor Contract Coordinator
The Contractor’s contract coordinator for this Agreement is the Authorized Representative listed below. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the Authorized Representative at the following address:
Authorized Representative Name: Pamela Antill
Authorized Representative Title: City Manager
Agency Name: City of Encinitas
Address: 505 South Vulcan Avenue
Encinitas, CA 92024
Phone No.: (559) 626-4488 Ext. 216
Email Address: [email protected]
7.Effective Date, Term of Agreement, and Deadlines
A.This Agreement is effective upon approval by the Department, which is the date executed by all parties (such date, the “Effective Date”).
B.This Agreement shall terminate on June 30, 2030.
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EXHIBIT A
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
C.Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees.
D.Any Grant funds which have not been expended by the expenditure deadline shall be disencumbered and revert to the Department. The expenditure deadline is fifty-eight months from the date of the budget appropriation for each year of funds included in this Agreement.
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EXHIBIT B
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
BUDGET DETAIL AND PAYMENT PROVISIONS
1.Budget Detail
The budget detail is contained in Exhibit E in this Agreement.
Contractor will be responsible for maintaining oversight of grant amounts and determining whether an amended PLHA Plan is required due to reallocation of more than ten percent among Activities funded per Section 302(c)(5).
2.Conditions of Disbursement
Prior to receiving any Grant funds, the Contractor shall submit the following for the Department’s approval:
A.Government TIN Form, as applicable.
B.No funding will be disbursed to Contractor unless Contractor and any delegating Local government has an approved Housing Element and is in compliance with the Housing Element Annual Progress Report requirements, pursuant to PLHA Program Guidelines section 302(a) and (b).
C.Contractor shall not be eligible to receive a new allocation if the Contractor has accrued an uncommitted amount of four times the pending allocation if the pending allocation is $125,000 or less; or $500,000 if the pending allocation is greater than $125,000 and less than $500,000; or the amount of the pending allocation if the allocation is $500,000 or more.
3.Performance
A.All funds must be disbursed within fifty-eight months of the budget appropriation.
Funds that are not disbursed within fifty-eight months of the budget appropriation will revert to the Housing Rehabilitation Loan Fund.
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EXHIBIT B
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
B.It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be reduced proportionate to those years already allocated, calculated at the time that the appropriation is reduced or terminated and reduced accordingly. All subsequent years shall be terminated, and the grant agreement shall be of no further force and effect, after amounts due for the period upon the reduced appropriation or termination are returned by the Contractor to the State. In this event, the State and Contractor shall be relieved of any and all obligations under this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the Agreement and amount allocated to Contractor.
4.Fiscal Administration
A.The Contractor may request a disbursement of 100 percent of total awarded Grant funds after executing the Standard Agreement. Administrative costs related to the planning and execution of eligible activities shall not exceed five percent of the Grant amount.
B.A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest-bearing checking or savings account insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for eligible Program activities and accounted for in Contractor’s annual report.
C.The Contractor shall make a good faith effort to minimize the number of disbursement requests by anticipating and requesting funds in advance.
D.The Contractor may request that Grant funds awarded for a certain eligible activity be moved to another activity without an amendment to this Agreement.
This request must be made in writing to HCD if the change from one activity to another exceeds ten percent of the grant amount and shall be effective only upon written HCD approval. HCD’s decision to approve or deny any such request shall be final, absent fraud, mistake or arbitrariness per Section 302(c)(5). 09/26/2023 D2 32 of 99
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EXHIBIT B
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
5.Budget Contingency Clause
A.It is mutually agreed that if the Budget Act of the subsequent years covered under this Agreement does not appropriate sufficient funds for the program this Agreement shall remain in force and effect until the time of notice of reduced or terminated appropriation, The Agreement shall be terminated by the State by providing Contractor written notice of not less than thirty days prior to the effective date of the termination. In the event of termination by the State due to lack of Budget appropriation, the State and Contractor shall be relieved of any and all obligations under this Grant Agreement on the effective date of termination and the Contractor shall return the amount for subsequent year allocations.
B.Subject to Section 5A. above, if funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the sole discretion to cancel this Agreement without cause, no liability occurring to the State, or amend the current Grant Agreement and amount allocated to Contractor.
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City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
PLHA PROGRAM TERMS AND CONDITIONS
1.Effective Date, Commencement of Work
This Agreement is effective upon the date of the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213. Contractor agrees that work under this agreement shall not commence until execution of the STD 213, (the “Effective Date”).
2.Strict Compliance
Contractor will strictly comply with the terms, conditions and requirements of the Permanent Local Housing Allocation (PLHA) Statutes, Guidelines, the Notice of Funding Availability (NOFA), and this Agreement.
3.Contractor’s Application for Funds
A.Contractor has submitted to the Department an Application for a Grant under the Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor’s facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.
B.Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor’s knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the Grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 09/26/2023 D2 34 of 99
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Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
4.Eligible Activities
Grant funds awarded to the Contractor and expended by either the Contractor or any entity to which Contractor awards funds shall be used for the eligible activities set forth in Exhibit A as required by the PLHA Statutes. The following additional requirements shall apply:
A.Each Contractor shall submit a Plan detailing:
1)The manner in which allocated funds will be used for eligible activities. 2)A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below sixty percent of AMI. Programs targeted at households at or below sixty percent of AMI will be deemed to meet this requirement. 3)A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
4)Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
5)The following for each proposed Activity:
a)A description of each proposed Activity, pursuant to Section 301 of the Guidelines and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
b)The projected number of households to be served at each income level and a comparison to the unmet share of the Regional Housing Needs Allocation (RHNA) at each income level.
c)A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity. d)The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least fifty-five years.
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Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
6)The Plan is required to be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than ten percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting.
7)If funds are used for the acquisition, construction, or rehabilitation of for- sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:
a)PLHA loan and any interest thereon shall be repaid to the Local government’s PLHA account. The Local government shall reuse the repayments consistent with the Eligible Activities per Section 301 of the Guidelines; or,
b)The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or,
c)The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds of the equity-sharing agreement consistent with the Eligible Activities per Section 301 of the Guidelines. 8)If funds are used for the development of an affordable rental housing project, the Local government shall make the PLHA assistance in the form of a loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust.
9)A program income reuse plan describing how repaid loans shall be reused for eligible activities specified in Section 301 of the Guidelines. 09/26/2023 D2 36 of 99
City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
5.Core Practices
A.A Contractor or Subrecipient must provide eligible activities in a manner consistent with the housing first practices described in California Code of Regulations, title 25, section 8409(b)(1)-(6). A Contractor or Subrecipient allocated funds for eligible activities that provide permanent housing shall incorporate the core components of Housing First as provided in Section 8255(b) of the Welfare and Institutions Code.
6.Monitoring Grant Activities
A.Contractor shall monitor the activities selected and awarded by them to ensure compliance with PLHA requirements. An onsite monitoring visit of Subrecipients and any other service providers shall occur whenever determined necessary by the Contractor, but at least once during the Grant period.
B.The Department will monitor the performance of the Contractor based on a risk assessment and according to the terms of this Agreement. The Department may also monitor any Subrecipients of the Contractor as the Department deems appropriate based on a risk assessment.
C.As requested by the Department, the Contractor shall submit to the Department all PLHA monitoring documentation necessary to ensure that Contractor and its Subrecipients are in continued compliance with PLHA requirements. Such documentation requirements and the submission deadline shall be provided by the Department at the time such information is requested from the Contractor.
7.Reporting/Audits
A.Commencing with the Effective Date of this Agreement and continuing through the Expiration Date, the Contractor shall submit an annual report to the Department by July 31 of each year that reports all activities from the previous fiscal year (7/1–6/30), on forms provided by the Department.
The first report will be due on July 31, 2021 and will report all activities from date of initial fund disbursement through June 30, 2021.
B.The annual report shall contain a detailed report which must include, at a minimum:
1)Identification of the Eligible Activities to which the Contractor committed program funds, and the income levels of households assisted. 09/26/2023 D2 37 of 99
City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
2)Amounts awarded to Subrecipients with the activity(ies) identified; 3)Identification of the Eligible Activities upon which the Contractor expended program funds, and the income levels of households assisted and the affordability level for any units assisted; and, 4)Close out report for contracts that were fully expended and in which all activities funded were completed during the fiscal year.
C.The Department may request additional information as needed to meet other applicable reporting or audit requirements.
D.The Contractor is responsible for the completion of audits and all costs of preparing audits.
E.The Department reserves the right to perform or cause to be performed a financial audit. At the Department’s request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant.
F.If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in 24 CFR 85.36. 1)The Contractor shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers.
2)The Contractor is responsible for the completion of audits and all costs of preparing audits.
3)If there are audit findings, the Contractor must submit a detailed response acceptable to the Department for each audit finding within ninety (90) days from the date of the audit finding report.
8.Retention and Inspection of Records
A.The Contractor is responsible for maintaining records, which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds.
09/26/2023 D2 38 of 99
City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
B.The Contractor agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide the Department or its designee, with any relevant information requested. The Contractor agrees to permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the PLHA Statutes, the NOFA, and this Agreement.
C.The Contractor further agrees to retain all records for a period of five years after the end of the term of this Agreement:
1)If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues, which arise from it.
2)The Contractor also agrees to include in any contract that it enters into in an amount exceeding $10,000, the Department’s right to audit the contractor’s records and interview their employees. The Contractor shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Code Section 10115.10.
D.The determination by the Department of the eligibility of any expenditure shall be final. If the eligibility of any expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and HCD shall determine the reimbursement method for the amount disallowed.
E.The Contractor shall retain all books and records relevant to this Agreement for a minimum of five years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter.
9.Breach and Remedies
A.The following shall each constitute a breach of this Agreement:
1)Contractor’s failure to comply with the terms of this Agreement. 09/26/2023 D2 39 of 99
City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
2)Use of, or permitting the use of, Grant funds provided under this Agreement for any ineligible costs or for activities not approved under this Agreement.
3)Any failure to comply with the deadlines set forth in this Agreement.
B.In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may:
1)Bar the Contractor from applying for future PLHA and other HCD funds; 2)Revoke any other existing PLHA award(s) to the Contractor; 3)Require the return of any unexpended PLHA funds disbursed under this Agreement;
4)Require repayment of PLHA funds disbursed and expended under this agreement;
5)Require the immediate return to the Department of all funds derived from the use of PLHA funds including, but not limited to recaptured funds and returned funds;
6)Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with the PLHA Program requirements; and,
7)Seek such other remedies as may be available under the relevant agreement or any law.
C.All remedies available to the Department are cumulative and not exclusive.
D.The Department may give written notice to the Contractor to cure the breach or violation within a period of not less than fifteen days. 09/26/2023 D2 40 of 99
City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
10.Termination
A.The Department may terminate this Agreement at any time for cause by giving a minimum of thirty days’ notice of termination, in writing, to the Contractor. Cause shall consist of, violations of any terms and/or special conditions of this Agreement, the PLHA Statutes, or the NOFA. Upon termination of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Contractor shall be returned to the Department within thirty days of the notice of termination.
B.This Agreement is subject to any additional restrictions, limitations or conditions, or statute, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or the State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
C.The Department has the option to terminate this Agreement under the thirty-day cancellation clause or to amend this Agreement to reflect any reduction of funds.
11. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.
12. Relocation
Contractor shall comply with all requirements of applicable California relocation law (Gov. Code, § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.). Any relocation plan for the Development shall be subject to the review and approval by the State.
09/26/2023 D2 41 of 99
City of Encinitas
22-PLHA-17778
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
13.Special Conditions Contractors and Subrecipients
The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department prior to disbursement of funds. The Contractor shall ensure that all Subrecipients are made aware of and agree to comply with all conditions of this Agreement and the applicable State requirements governing the use of Grant funds. The Contractor shall ensure that all Subrecipients are qualified to do business and in good standing with the California Secretary of State and the California Franchise Tax Board. Failure to comply with these conditions may result in cancellation of this Agreement.
14.Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Grant, the Contractor, its Subrecipients, and any other Grant activity.
15.Litigation
A.If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B.The Contractor shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 09/26/2023 D2 42 of 99
City of Encinitas
22-PLHA-17778
EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
1.Program-Specific Provisions
The following are project-specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project-specific information not contained in those prior exhibits.
Budget Detail:
Contractor has been awarded the following grant activity amounts for 2019: $156,044 Contractor has been awarded the following grant activity amounts for 2020: $242,541 Contractor has been awarded the following grant activity amounts for 2021: $266,909 Estimated five-year allocation may not exceed: $936,264 Payees:
A.The authorized Payee(s) is/are as specified below:
Name: City of Encinitas Total Amount: $665,494
Plan: Activity 6
The City of Encinitas proposes to utilize 100% of the PLHA funding to assist persons who are experiencing homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers (Community Resource Center Opening Doors program) and emergency shelters, and seek opportunities for new construction, rehabilitation, and preservation of permanent and/or transitional housing. The funds are also intended to be used to hire a City employee(s) to oversee and manage the City's homelessness programs (Opening Doors, Safe Parking, HOPE Team, McAlister Institute, etc.) and provide supportive/case management services, in addition to expanding upon the City's contract social services, which is currently offered through McAlister Institute. 09/26/2023 D2 43 of 99
City of Encinitas
22-PLHA-17778
EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
Funding Allocation Year 2019 2019 2019 2020 2020 2020
Type of Activity
Navigation
Center
Operating
Rapid
Rehousing
Supportive/
Case
Management
Navigation
Center
Operating
Rapid
Rehousing
Supportive/
Case
Management
Percentage of Funds
Allocated for Each Activity 75% 10% 15% 75% 10% 15%
Area Median Income
Level Served 30% 30% 30% 30% 30% 30%
Total 100% 100%
Funding Allocation Year 2021 2021 2021 2022 2022 2022
Type of Activity
Navigation
Center
Operating
Rapid
Rehousing
Supportive/
Case
Management
Street
Outreach
Rapid
Rehousing
Supportive/
Case
Management
Percentage of Funds
Allocated for Each Activity 50% 20% 30% 10% 20% 70%
Area Median Income
Level Served 30% 30% 30% 30% 30% 30%
Total 100% 100%
Funding Allocation Year 2023 2023
Type of Activity
Supportive/
Case
Management
Street
Outreach
Percentage of Funds
Allocated for Each Activity 70% 30%
Area Median Income
Level Served 30% 30%
Total 100%
09/26/2023 D2 44 of 99
City of Encinitas
22-PLHA-17778
EXHIBIT E
Permanent Local Housing Allocation (PLHA) Program – Grant NOFA Date: (RD 1) 02/26/2020, (RD 2) 05/03/2021, (RD 3) 08/17/2022 Approved Date: 10/05/2020
Prep. Date: 04/07/2023
2.Special Conditions
The following Special Conditions are applicable to this Standard Agreement:
None.
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Appendix C
City of Vista Standard Agreement Template
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Professional Services (Non-Construction) (RFP)(NPW)1 of 9 NAMEX [51960-2] 00051960 4
1.0 THE “PARTIES”
The “City”:
CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: workingname
Billing Contact: billingname
The “Contractor”
NAMEX, statusx
Address1
Address2
Contact: contactname
2.0 BASIC TERMS
2.1 The “Services” to be performed by Contractor are set forth in the Request for Proposals attached as Exhibit A.
2.2 The “Required License” for the Services is: type.
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 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).
2.6 The “Contract Ceiling Price” is: pricex
2.7 Any references in Exhibit A or Exhibit B 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 xx calendar months (“Term”) from the Contract Date. The Term may be extended at the City’s option for an additional yy months, in increments of City’s choice, for a maximum Term of zz 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.
CONTRACT FOR PROFESSIONAL SERVICES
TYPE OF SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).
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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 and Exhibit B. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.
5.0 COMPENSATION
5.1 City shall pay Contractor for the Services to be performed as set forth in Exhibit B.
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 Vista Municipal Code 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 B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract. 09/26/2023 D2 48 of 99
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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.
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 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.
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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 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, 09/26/2023 D2 50 of 99
Professional Services (Non-Construction) (RFP)(NPW) 5 of 9 NAMEX [51960-2] 00051960 4
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 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 sub contractor, 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. 09/26/2023 D2 51 of 99
Professional Services (Non-Construction) (RFP)(NPW) 6 of 9 NAMEX [51960-2] 00051960 4
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 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.
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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 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.
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Professional Services (Non-Construction) (RFP)(NPW) 8 of 9 NAMEX [51960-2] 00051960 4
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 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 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).
26.0 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 09/26/2023 D2 54 of 99
Professional Services (Non-Construction) (RFP)(NPW) 9 of 9 NAMEX [51960-2] 00051960 4
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.]
27.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN CONLEY, CITY MANAGER
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ , CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
“Contractor”
NAMEX, statusx
By:
Name/Title
By:
Name/Title
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00051960 4 Exhibit A
EXHIBIT A
REQUEST FOR PROPOSALS
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00051960 4 Exhibit B
EXHIBIT B
CONTRACTOR’S PROPOSAL
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00051960 4 Exhibit C, Page 1 of 3
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 09/26/2023 D2 58 of 99
00051960 4 Exhibit C, Page 2 of 3
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 09/26/2023 D2 59 of 99
00051960 4 Exhibit C, Page 3 of 3
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.
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00051960 4 Exhibit D
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
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00051960 4 Exhibit E
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.
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Appendix D
City of Encinitas Standard Agreement Template
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Professional Services Non-Design – 05/03/2023 – SM Page 1 of 13
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF ENCINITAS AND [INSERT]
This Agreement is made and entered into as of the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as “City”, and [name] a [specify type of entity, ie. an individual, a corporation (specify state, ie., “a California Corporation”, “a Delaware Corporation”, etc.) Limited Liability Company, Sole Proprietorship, etc.] hereinafter referred to as “Consultant”.
RECITALS
The City requires outside assistance to provide the following services:
An experienced homeless services provider and shelter operator to manage an adult only non- congregate low-barrier non-congregate navigation center located at 2170-2172 S Santa Fe Avenue (APN 184-131-04-00) and 2162-2164 S. Santa Fe Avenue (APN 184-131-03-00), Vista, CA 92084.
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being fully qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Consultant agree as follows:
1.0 TERM OF AGREEMENT
1.1 This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.
1.2 Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment A to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data and reports no later than [INSERT—will be 3 years from date of contract once executed)], unless an extension of time is mutually agreed to by both parties.
1.3 This Agreement may be extended for up to two (2) additional one (1) year periods from the original termination date upon the execution of a written extension agreement, executed by both parties before the end of the previous term. Any increase in the fees or rates within for each optional renewal period shall be the lesser of two percent or the inflation rate as measured by fluctuations in the Consumer Price index, All Urban Consumers (C.P.I.-U) as published by the United States Department of Labor, Bureau of Labor Statistics, for the San Diego - Carlsbad Metropolitan Statistical Area. The average index of the C.P.I.-U for this calculation shall be for the twelve (12) months of the preceding year (January through December), or the fiscal year ended June 30th, whichever constitutes the most recently available data.
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2.0 CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A)
2.1 Consultant shall provide the City with the following services:
The specific manner in which the services are to be performed is described in Attachment A which is attached hereto, and incorporated herein as though fully set forth at length, collectively hereinafter referred to as "Described Services".
2.2 Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of City, State, and Federal law.
2.3 Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.
2.4 Consultant shall maintain professional certifications as required in order to properly comply with all City, State, and Federal law.
2.5 Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
3.0 PAYMENT FOR SERVICES (ATTACHMENT B)
3.1 Payment to Consultant to render the Described Services hereunder shall be as set forth in Attachment B which is attached hereto and incorporated herein as though fully set forth at length.
The payments provided in this Section are full compensation for the Described Services as outlined in Attachment A.
3.2 Consultant shall submit monthly bills to the City the following month, describing its services and costs provided during the previous month, based upon percentage of task completed.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s monthly bills shall include the following information to which such services or costs pertain: a description of services performed; the date the services were performed; the number of hours spent and by whom and a description of all costs incurred.
Consultant agrees to use every appropriate method to contain fees and costs under this Agreement.
Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.
3.3 The amount set forth in Attachment B may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
4.0 SUBCONTRACTING (ATTACHMENT C)
4.1 If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors and for the persons either directly or indirectly employed by the subcontractors, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing 09/26/2023 D2 65 of 99
Professional Services Non-Design – 05/03/2023 – SM Page 3 of 13 contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. Consultant shall bind every subcontractor to the terms of the Agreement applicable to consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City.
4.2 The name and location of the place of business of each subcontractor who will perform work or labor or render service to the Consultant in performing this Agreement are contained in Attachment C which is attached hereto and incorporated herein as though fully set forth at length.
5.0 PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT D)
5.1 Attachment D is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.
5.2 Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.
6.0 EXTRA WORK
Consultant shall not perform work in excess of the Described Services without the prior, written approval of the City. All requests for extra work shall be by written Change Order submitted to the City prior to the commencement of such work.
7.0 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Agreement, shall effect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.
8.0 TERMINATION OF AGREEMENT
8.1 In the event Consultant fails to prosecute, deliver, or perform the Described Services, the City may terminate this Agreement by notifying Consultant by certified mail of said termination.
Thereupon, Consultant shall cease work and within five (5) working days: (1) assemble all documents owned by the City and in consultant’s possession and deliver said documents to the City and (2) place all work in progress in a safe and protected condition. The City Manager of the City shall make a determination of the percentage of work which Consultant has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Consultant.
8.2 This Agreement may be terminated by either party, without cause, upon the giving of ten (10) days written notice to the other party. Prior to the 10th day following the giving of the notice, the Consultant shall: (1) assemble the completed work product to date, and put same in order for proper filing and closing, and deliver said product to the City and (2) place all work in progress in a safe and protected condition. The City Manager of the City shall make a determination of the 09/26/2023 D2 66 of 99
Professional Services Non-Design – 05/03/2023 – SM Page 4 of 13 percentage of work which Consultant has performed which is usable and of worth to the City. Based upon that finding, the City shall determine any final payment due to Consultant.
9.0 COVENANTS AGAINST CONTINGENT FEES
Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability, or, at the City’s discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
10.0 OWNERSHIP OF DOCUMENTS
10.1 All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the City, whether or not the City proceeds with the project for which such documents are prepared.
10.2 This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant’s subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.
11.0 STATUS OF CONSULTANT
11.1 Consultant shall perform the services provided for herein in a manner of Consultant’s own choice, as an independent contractor and in pursuit of Consultant’s independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Consultant shall confer with the City.
11.2 If the Consultant subcontracts any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of the Consultant’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant’s work, including indemnity and insurance requirements.
12.0 HOLD HARMLESS
12.1 To the greatest extent allowed by law, Consultant shall defend and indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, negligence (including the active or passive negligence of City as allowed by law), causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, 09/26/2023 D2 67 of 99
Professional Services Non-Design – 05/03/2023 – SM Page 5 of 13 including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, subcontractors and contractors arising out of or in connection with the performance of the scope of work of this Agreement, including without limitation the payment of all damages and attorney’s fees, fines, penalties and other related costs and expenses. The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law.
12.2 Consultant’s defense obligation (with counsel approved by City), shall arise immediately upon the City’s tender, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives, notwithstanding whether liability is or can be established against City. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Consultant shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
The only limitations on this provision shall be those imposed by Civil Code Section 2782 or other applicable provisions of law.
12.3 Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.
12.4 Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13.0 ASSIGNMENT OF CONTRACT
Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City which shall not be unreasonably withheld.
14.0 INSURANCE
14.1 Consultant shall obtain, and during the term of this Agreement shall maintain insurance policies of general liability and automobile liability insurance from an insurance company authorized to be in business in the State of California. Each such policy shall be in an amount of not less than one million dollars ($1,000,000) for each occurrence, and shall be endorsed with the following language:
A. The City and City’s officers, elected officials, employees, agents and volunteers are to be covered as additional insured by endorsement, using form ISO CG 20-10-10- 01 and CG 20-37-10-01 or the exact equivalent with respect to liability arising out of the acts and omissions by or on behalf of Consultant.
B. The insured waives all rights of subrogation against the City and City’s officers, officials, employees, agents and volunteers.
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C. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, voided, terminated, reduced, or allowed to expire without thirty (30) days prior written notice from the issuance company being received by City.
14.2 Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
A. Be from an insurance company authorized to be in business in the State of California;
B. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
C. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.
14.3 Before Consultant shall employ any person or persons in the performance of the Agreement, Consultant shall procure a policy of statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant and shall be provided with limits not less than one million dollars ($1,000,000). The insurer shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement
14.4 Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
15.0 DISPUTES
15.1 If a dispute should arise regarding the performance of this Agreement, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Agreement, shall be reduced to writing by the complaining party within twenty (20) working days. A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) working days of receipt of the letter.
15.2 If the dispute is not resolved at staff level in accordance with Section 15.1, within five (5) City working days of the receiving party response, the aggrieved party, through its respective project manager shall deliver to the City Manager’s office a letter outlining the dispute for the City Manager's review. The City Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.
15.3 If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures. This provision does not 09/26/2023 D2 69 of 99
Professional Services Non-Design – 05/03/2023 – SM Page 7 of 13 relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.
16.0 CONFLICT OF INTEREST.
Consultant warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.
17.0 CONSULTANT’S BOOKS AND RECORDS
17.1 Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.
17.2 Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
18.0 NOTICES
18.1 Any notices to be given under this Agreement, or otherwise, shall be served by certified mail.
18.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of the City and the proper person to receive any notice on the City’s behalf is:
TO: City of Encinitas
Attn: City Manager
505 South Vulcan Avenue
Encinitas, CA 92024
(760) 633-2600
18.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of Consultant and the proper person to receive any notice on the consultant’s behalf is:
___________________
___________________
___________________
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19.0 GENERAL PROVISIONS
19.1 Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
19.2 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
19.3 This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a State Court in the County of San Diego.
20.0 CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986
Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.
21.0 CONSULTANT'S AWARENESS AND COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990 AND SECTION 504 REHABILITATION ACT of 1973
Consultant certifies that Consultant is aware of the requirements of the Americans with Disabilities Act of 1990 (42 USC §§ 12101) and SECTION 504 REHABILITATION ACT of 1973 and has complied with and will comply with these requirements, included but not limited to verifying compliance of their contractors, consultants, agents, and employees.
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22.0 EXECUTION OF AGREEMENT
The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
(INSERT CONTRACTOR NAME) CITY OF ENCINITAS
By: __________________________ By: __________________________ (NAME) (Date) Pamela Antil (Date)
__________________________ City Manager________ (Title) (Title)
By: __________________________
(NAME) (Date)
___________________________
(Title)
APPROVED AS TO FORM
________________________________
City Attorney (Date)
NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or nonprofit organization, this Contract must be signed by (a) the Chairperson of the Board, President or Vice-President and (b) the Secretary any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer.
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ATTACHMENT A
(Manner of Performing the Services)
Consultant shall perform the services in the following manner:
(Scope of Work attached)
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ATTACHMENT B
(Payment For Services)
Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.
[Fee Detail as Appropriate]
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ATTACHMENT C
(Subcontractors)
Name Business Address Work to be Done
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ATTACHMENT D
ESTIMATED PROJECT SCHEDULE AND COMPLETION DATE
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Appendix E
Application Form
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Buena Creek Navigation Center
Operator Services
Application Worksheet
Applicant Information
Agency Name:
Street:
City/State/Zip:
Phone Number:
Tax ID Number:
501(c)(3): □ yes □ no
Authorized Official
Name:
Title:
Phone Number:
Email address:
Contact Person (If different from above)
Name:
Title:
Phone Number:
Email Address:
Total Proposed Project Budget:
Total:
Applicant Certification:
To the best of my knowledge and belief, the information contained in this application is true and correct, and the applicant will comply with all assurances, federal, state and local laws and regulations if funding is approved.
_____________________________________ ___________________________________ Printed Name and Title Signature of Authorized Official
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1 MASTER LEASE AGREEMENT
THIS MASTER LEASE AGREEMENT is made as of this 1st day of October 2023, by and between Santa Fe House LLC, a California company, (“Master Lessor”) and City of Vista (“Master Lessee”) (“Lease”).
RECITALS:
WHEREAS, Master Lessor is the authorized agent of the owner of the residential buildings located at the following addresses: 2148, 2164, 2170, and 2172 South Santa Fe, Vista, CA 92084 (“Property”) and,
WHEREAS, Master Lessee desires to enter into a lease for the entirety of the buildings located at the Property;
NOW, THEREFORE, in consideration of the promises and the mutual covenants, conditions and agreements hereinafter set forth, it is agreed:
Master Lessor does hereby lease to Master Lessee and Master Lessee leases from Master Lessor the Property upon the following terms and conditions:
Term. The term of the Lease shall be 36 months, commencing on the 1st day of October, 2023 and terminating on the 30th day of September, 2026. The term may be extended at the Master Lessee’s option for increments of 12 additional months twice for a maximum of two 12-month extensions.
Base Rent. Master Lessee shall pay rent for Property the total sum of $33,000.00 per month payable on the fifth day of every calendar month during the term of this lease. Except as expressly provided herein, Master Lessee’s obligation to pay rent shall not be amended or terminated by any act or omission of Master Lessor, or any other occupant or other tenant or subtenant of the Premises, including any use or occupancy thereof by Master Lessor, Master Lessor or any other occupant or other tenant or subtenant thereof, or by any other occurrence.
ARTICLE 1: PREMISES
1.01 In consideration of the obligation of Master Lessee to pay rent and of the other terms, provisions and covenants hereof, Master Lessor leases to Master Lessee, and Master Lessee leases from Master Lessor, all that certain real property and all the improvements constructed thereon contained at and within 2148, 2164, 2170, and 2172 South Santa Fe, Vista, CA 92084, together with all rights, easements and appurtenances pertaining thereto. During the term of this Lease, Master Lessee shall have sole and exclusive possession to the entirety of the leased premises.
ARTICLE 2: TERM OF LEASE, COMMENCEMENT, EXTENSION OPTION AND
SURRENDER
2.01 Commencement and Term of Lease. The term of this Lease shall commence on October 1, 2023, and shall expire on the earlier of:
(i) October 1, 2026, unless Lessee exercises its options to extend the term, or (ii) 60 days after Lessee has given written notice of its intention to terminate the Lease. The 60- day notice to terminate is not applicable during the initial term of the lease, October 1, 2023 to September 30, 2026.
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EXHIBIT 4
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2 2.02 Surrender and Conveyance by Master Lessee to Master Lessor. Master Lessee, its successors and assigns and grantees of the Property and lessees in and under leases (whether characterized as “leases” or “subleases”) made by Master Lessee (either as lessor or sublessor) for space in, or of parts or portions of the Property for terms commencing on or subsequent to the date of this Lease, expressly covenant and agree with Master Lessor that upon expiration or termination of this Lease all improvements to the Property (excluding personal and trade fixtures, or other fixtures and inventory), shall become the property of Master Lessor.
ARTICLE 3: BASE RENT AND RENT ADJUSTMENT
3.01 Base Rent. Base Rent shall be payable monthly in advance without demand and without set off as follows:
A. Master Lessee will pay Master Lessor Base Rent in equal monthly installments in an amount equal to $33,000.00.
B. Commencing on the first (1st) day of the first full calendar month following the Commencement Date, monthly installments of Base Rent shall be due and payable without demand on or before the first (1st) day of each calendar month thereafter during the Term. The rental payment for any fractional calendar month at the end of the Term shall be prorated.
C. One month deposit of $33,000.00 at Commencement of Lease.
ARTICLE 4: CONDITION; PERMITTED USE
4.01 As Is Condition. Adjustments: Master Lessee accepts the Property in its as-is condition, including all faults. Master Lessor has no obligation, either express or implied, to maintain or repair the Property or take any action with respect thereto, except as specifically set forth herein.
4.02 Permitted Use. The Property shall be continuously used by Master Lessee and all third-party tenants for ordinary living residential and therapeutic uses, in a reasonable manner, and in no event shall any such use:
A. Violate any restriction or exclusive right granted to another tenant or occupant of the house on the Property or entitle another tenant or occupant to reduce its rent or terminate its lease.
B. Be in breach of any recorded restrictions, agreements or covenants applicable to the house on the Property.
C. Involve the storage, use or disposal of any material or substance which is then classified as “hazardous” or “toxic” by any law or regulation.
D. Adversely affect the reputation or image of the Property, as reasonably determined by Master Lessor.
E. Require Master Lessor to perform any alterations to the Property by reason of any applicable law, code or regulation unless Master Lessee agrees to pay for such alterations.
F. Violate any zoning or certificate of occupancy affecting the Property. 09/26/2023 D2 80 of 99
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3 G. Cause injury to the Property.
H. Except for ordinary wear and tear, cause the usefulness of all or any part of the Property to substantially diminish.
I. Constitute a public or private nuisance or waste.
J. Render the insurance for the Property void or the insurance risk more hazardous.
ARTICLE 5: REPAIRS AND MAINTENANCE
5.01 Repairs and Maintenance. The Master Lessee shall be solely responsible for all maintenance and repairs of the Property. Master Lessee shall keep and maintain, or shall cause to be kept or maintained, all parts of the Property in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original, structural or nonstructural. Master Lessor and Master Lessee agree, as part of its obligation hereunder shall keep the whole of the Property in a clean and sanitary condition. Master Lessor will as best as reasonably possible keep all such parts of the Property from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair.
ARTICLE 6: ALTERATIONS
6.01 Alterations. Master Lessee shall have no right to construct any major improvements to the Property. Master Lessee can only make improvements that are in compliance with the permitted use in Section 4.02 hereof. Major Improvements shall be defined as any work designed to extend the life of the Property or permanent improvements or additions to buildings on the Property not existing on the Property as of the date this Lease is entered into. If improvements are made to the Property, all improvements to the Property shall become a permanent part of the Property.
ARTICLE 7: INSPECTIONS
7.01 Inspections. Master Lessor and Master Lessor's agents and representatives, after 24 hours written notice (except for emergencies) shall have the right to enter and inspect the Property at any reasonable time for the following purposes:
A. To ascertain the condition of the Property.
B. To determine whether Master Lessee is diligently fulfilling Master Lessee's responsibilities under this Lease.
C. To show the Property to prospective purchasers, tenants, or mortgagees.
D. To perform any act Master Lessor deems reasonable to preserve the Property.
ARTICLE 8: ASSIGNMENT AND SUBLETTING
8.01 Assignment and Subletting. Master Lessee shall have no right to assign or pledge this Lease, or permit the use or occupancy of the Property by anyone other than Master Lessee, without the prior written consent of Master Lessor, which shall not be unreasonably withheld. Master Lessee shall at all times remain directly, primarily and fully responsible and liable for the payment of the rent herein specified and 09/26/2023 D2 81 of 99
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4 for compliance with all of its other obligations under the terms, provisions and covenants of this Lease until such time as the Lease expires or is terminated.
ARTICLE 9: INSURANCE; FIRE AND CASUALTY DAMAGE
9.01 Insurance. Throughout the Term, Master Lessor requires Master Lessee to show proof of holding, no less than, one million US dollars ($1,000,000.00) in liability insurance at all times. Master Lessor shall have the exclusive right to receive the proceeds from any insurance policy described herein that is intended to restore, repair or reconstruct the Property or any part thereof.
9.02 Waiver of Subrogation. Each of Master Lessor and Master Lessee hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to the Property caused by fire, extended coverage perils, vandalism or malicious mischief, sprinkler leakage, or any other perils insured in policies of insurance covering the Property, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible; provided, however, that this release shall be applicable and in force and effect only to the extent that such release shall be lawful at the time and in any event only with respect to loss or damage occurring during such times as the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder and then only to the extent of the insurance proceeds payable under such policies. Each Master Lessor and Master Lessee agrees that it will require its insurance carriers to include in its policies such a clause or endorsement.
9.03 Liability. Master Lessor shall not be liable to Master Lessee or Master Lessee's employees, agents, patrons or visitors, or to any other person whomsoever, for any injury to person or damage to property on or about the Property, resulting from and/or caused in part or whole by the negligence or misconduct of Master Lessee, its agents, servants or employees, invitees, permittees or of any other person entering upon the Property, or caused by the Property becoming out of repair, or caused by leakage of gas, oil, water or steam or by electricity emanating from the Property, or due to any cause whatsoever, and Master Lessee hereby covenants and agrees that it will at all times indemnify and hold safe and harmless the Property owner, the Master Lessor, and Master Lessor's agents and employees from any loss, liability, claims, suits, costs and expense, including attorney's fees and damages, both real and alleged, arising out of such damage or injury; except injury to persons or damage to property the sole cause of which is the negligence of Master Lessor or its employees or agents.
ARTICLE 10: EVENTS OF DEFAULT; REMEDIES; INDEMNIFICATION
10.01 Events of Default. The following events shall be deemed to be events of default by Master Lessee under this Lease:
A. Master Lessee fails to pay Base Rent when or before and such failure continues for a period of ten (10) days from the date such payment was due.
B. Master Lessee fails to materially comply with any term or provision of this Lease (other than failure to make payment to Master Lessor) and does not cure such failure within thirty (30) days after written notice thereof from Master Lessor to Master Lessee. The thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Master Lessee proceeds to reasonably and diligently cure such alleged default.
C. Master Lessee fails to immediately vacate the Property upon termination of this Lease. 09/26/2023 D2 82 of 99
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5 D. The leasehold interest of Master Lessee is levied or executed upon or attached by process of law or Master Lessee fails to contest diligently the validity of any lien or claimed lien and give sufficient security to Master Lessor to insure payment thereof or fails to satisfy any judgment rendered thereon and have the same released, and such default continues for ninety (90) days after written notice thereof from Master Lessor to Master Lessee.
E. Master Lessee admits in writing to its inability to pay its debts generally as they become due, files a petition in bankruptcy or a petition to take advantage of any insolvency statute, makes an assignment for the benefit of creditors, makes a transfer in fraud of creditors, applies for the consent to the appointment of a receiver for itself or for the whole or any substantial part of its property, or files a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws, as now in effect or hereafter amended, or any other applicable law or statute of the United States or any state thereof.
10.02 Remedies. In the event of default, Master Lessor shall have all remedies available to it under the law at the time of default.
10.03 Indemnification. In addition to its other obligations under this Lease, the Master Lessee will indemnify and hold harmless the Master Lessor (including the Master Lessor's partners, members, shareholders, officers, directors and employees, each individually an "Indemnified Party" and collectively, the "Indemnified Parties") from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable attorneys' fees and expenses, which may be imposed upon or incurred by or asserted against such persons (except to the extent the same are caused by the negligence or willful misconduct of the Master Lessor, its agents, employees, licensees, invitees, contractors and/or subcontractors) by reason of any of the following:
A. Any work or thing done by anyone other than the Master Lessor in, on or about the Property or any part thereof.
B. Any use, non-use, possession, occupation, condition, operation, maintenance or management of the Property or any part thereof or any street, alley, sidewalk, curb, passageway or space adjacent thereto that is legally part of the Property.
C. Any gross negligence of the Master Lessee or any agent, contractor, employee, licensee or invitee of the Master Lessee.
D. Any accident or injury to any person (including death or damage to property occurring in, on or about the Property or any part thereof or any street, alley, sidewalk, curb, passageway, or space adjacent thereto that is legally part of the Property.
E. Any failure on the part of Master Lessee to perform or comply with any of the agreements, terms or conditions contained in this Lease on its part to be performed or complied with; and
In the event that any action or proceeding shall be brought against an Indemnified Party by reason of any matter covered by this section, the Master Lessee, upon notice from the Indemnified Party, will at the Master Lessee’s sole cost and expense resist or defend the same. To the extent Master Lessor receives any proceeds under any insurance policy furnished or supplied to the Master Lessor by the Master Lessee, the Master Lessee’s obligation to indemnify and save harmless an Indemnified Party against the hazard which is the subject of such insurance shall be deemed to be satisfied.
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6 ARTICLE 11: NOTICES
11.01 Notices. Each provision of this lease or of any applicable governmental laws, ordinances, regulations and other requirements with reference to the sending, mailing or delivery of any notice of the making of any payment shall be deemed to be complied with when and if the following steps are taken:
A. All rent and other payments required to be made by Master Lessee to Master Lessor shall be payable to Master Lessor at the address listed below, or at such other address as Master Lessor may specify from time to time by written notice delivered in accordance herewith.
B. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and mailed by registered or certified mail, return receipt requested or delivered personally, including by air courier or expedited mail service, directed as follows:
a. Master Lessor: The Santa Fe House LLC; Attn: Milos Markovic, Managing Member, 29790 Marhill Cricle, Temecula, CA 92591
b. Master Lessee: City of Vista, Attn: Homeless Services Program Manager, 200 Civic Center Drive, Vista, CA 92084
ARTICLE 12: GOVERNING LAW
12.01 Choice of Law. All issues and questions concerning the construction, validity, enforcement and interpretation of this Lease shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
[THIS SECTION INTENTIONALLY LEFT BLANK]
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7 ARTICLE 13: EXECUTION
13.01 IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.
“Master Lessee”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Walter C. Chung
20230918133340
“Master Lessor”
SANTE FE HOUSE, LLC
By:
MILOS MARKOVIC, MANAGER MEMBER
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EXIBIT 5
1 {00111832 1}
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF ENCINITAS
AND THE CITY OFVISTA TO COOPERATE ON THE ESTABLISHMENT OF THE
BUENA CREEK NAVIGATION CENTER IN NORTH COUNTY SAN DIEGO This MEMORANDUM OF UNDERSTANDING (“Agreement”) is dated as of September __, 2023 (“Effective Date”), and entered into by and among the Cities of Encinitas and Vista, each of which is a municipal corporation organized and existing under California law (cumulatively the “City Parties” or “Parties,” and at times individually a “City Party”), with reference to and in consideration of the following:
WHEREAS, like many other regions in California, the County of San Diego has seen a rapid and troubling growth in the homeless population over the past several years, a condition that has been difficult to address given the increased rates of persons with untreated addictive disorders involving substance abuse and mental health conditions, the high cost of housing and property in the area, and the shortage of emergency, transitional, and affordable housing available in the County to serve this population;
WHEREAS, the use of Public Property in this manner creates health and safety risks to homeless persons due to traffic hazards, exposure to weather, inadequate sanitation, and other conditions detrimental to their wellbeing, and negatively impacts the health, safety, and general welfare of the community by degrading the environmental and physical condition of such Public Property, increasing risks associated the spread of illnesses, and frustrating the public purpose for which such Public Property is dedicated;
WHEREAS, in efforts to address this crisis, the County established an integrated Continuum of Care (“CoC”) to guide homeless individuals and families through a comprehensive array of services and housing designed to prevent and end homelessness, and better coordinate access points, assessments, resources, and programs serving persons experiencing homelessness; WHEREAS, The City Parties desire to cooperate to establish the Buena Creek Navigation Center (“Navigation Center) at 2170-2172 S. Santa Fe Avenue (APN 184-131-04-00), 2162-2164 S.
Santa Fe Avenue (APN 184-131-03-00), and 2148 S. Santa Fe Avenue (APN 184-131-09-00), Vista, CA 92084; and to memorialize this non-binding statement of intent by each of the City Parties to cooperate and act in good faith in accordance with the Letter of Intent dated September 14, 2023 and addressed to the City Manager of Encinitas by the City Manager of Vista which will define the respective rights and responsibilities of each City with respect to the securing of a site, financing, operations, and the provision of Services at the Navigation Center.
WHEREAS, in addition to addressing the needs of homeless persons through the provision of overnight shelter, the City Parties covenant to work together, in furtherance of the CoC, towards developing and increasing North County’s inventory of long-term affordable and supportive housing units, such that homeless persons receiving services under this Agreement may transition from temporary or emergency shelter facilities, and into long-term and stable housing solutions; and WHEREAS, each Party has caused this Agreement to be duly approved by its respective governing body, and by so doing, has found and determined that this Agreement furthers the health, safety, and general welfare of their respective residents. 09/26/2023 D2 87 of 99
EXIBIT 6
2 {00111832 1}
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1.PURPOSE
In furtherance of the health, safety, and well-being of all their residents and to return and preserve Public Property for its intended purpose, the City Parties, located within North County, desire to work together cooperatively and in good faith towards developing a regional solution to the current homeless crisis within their respective jurisdictions. This Agreement is a non-binding statement of intent by each of the City Parties to cooperate and act in good faith in accordance with the Letter of Intent dated September 14, 2023 and addressed to the City Manager of Encinitas by the City Manager of Vista which will define the rights and responsibilities of the Parties with respect to the securing a site, financing, operations, and the provision of Services, as defined below, at the Navigation Center. It is the intention of the City Parties to pursue the award of available grant funds under county, state, and federal programs towards the securing, managing, and operation of the Navigation Center to be located within North County and intended to exclusively serve the unsheltered homeless population currently residing within the jurisdiction of the City Parties.
2.DEFINITIONS
In addition to the other terms and phrases defined elsewhere in this Agreement, the following key capitalized terms and phrases used throughout this Agreement shall have the meaning assigned in this Section.
2.1. “Center Operator” shall mean and refer to the third-party contracted by the City Parties to provide comprehensive and “turnkey” day-to-day management and operation of a Navigation Center.
2.2. “City Parties” shall mean and refer to the City of Vista and the City of Encinitas.
2.3. “Guests” shall mean and refer to homeless and chronically homeless adults from the Cities of Vista and Encinitas.
2.4. “Guest Capacity” shall mean and refer to the number of beds provided in a Navigation Center.
2.5. “Navigation Center” shall mean and refer to those private properties to be leased and operated under this Agreement.
2.6. “Operating Plan” shall mean and refer to a plan approved by the City Parties , Party Representatives, and a Center Operator, that details the terms, conditions, and standards by which Services are made available to Guests at a Navigation Center.
2.7. “Party Representative” shall mean and refer to the highest-ranking appointed executive official for each of the Parties, or his/or her duly authorized designee. 09/26/2023 D2 88 of 99
3 {00111832 1}
2.8. “Party Share” shall mean and refer to that portion of the City Program Costs allocated to each City Party. The City of Vista is responsible for 75% of the Program Costs and the City of Encinitas is responsible for 25% of the Program Costs.2.10. “Program” shall mean and refer to the Parties’ cooperative financing and planning for leasing the site, management, operations and the provision of Services at the Navigation Center, and the cooperative sharing among the Parties of Guest Capacity at the Navigation Center.
2.9. “Program Costs” shall mean and refer to the costs incurred by the City Parties for the leasing, operation and management of the Navigation Center during the Term.
2.10. “Program Funds” shall mean and refer to all funds paid by or to the Parties under this Agreement, including but not limited to any grant funds received by the Parties and contributed towards the Program.
2.11. “Program Property” shall mean and refer to all real and personal property purchased or acquired with Program Funds.
2.12. “Services” shall mean and refer to the provision of overnight shelter and other sanitation, nutritional, health, educational, supportive, and/or basic human services at the Navigation Center, as described in an Operating Plan.
3. TERM
3.1. General Term. This Agreement shall be effective as of the date which the last of the Parties has executed the same, which shall be inserted as the Effective Date in the first paragraph above and shall remain in full force and effect until terminated by the execution of a successor MOU or the 30th day of September, 2026, whichever occurs sooner. The Term may be extended upon the mutual written agreement of the Parties, or earlier terminated in accordance with the provisions of this Agreement.
3.2. Termination by City Parties.
a) Notice and Effective Date. Notwithstanding Section 3.1, any City Party may terminate its participation in this Agreement by providing 30 day’s written notice to all other Parties.
b) Continuing Enforceability. Following the effective date of termination, the terminating City Party shall have no further obligations or rights with respect to this Agreement, except as expressly provided otherwise herein.
4. BUENA CREEK NAVIGATION CENTER
4.1 Navigation Center. The Parties desire to work cooperatively and combine their respective resources for purposes of providing and coordinating the provision of Services to Guests through a jointly solicited service provider to operate the Navigation Center. The Scope of Services as outlined in the Request for Proposals to manage and operate the Navigation Center is included herein as Appendix A; the final scope of services will be determined when the Service Provider is under contract. To accomplish this task, the Parties agree to act in good faith and cooperation in accordance with the Letter of Intent dated September 14, 2023, and addressed to the City Manager of Encinitas by the City Manager of Vista.
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4 {00111832 1}
5. USE AND OPERATION OF THE NAVIGATION CENTER
5.1. Exclusive Purpose of Navigation Center. The Navigation Center will be used by the Parties exclusively for the purpose of providing Services to Guests from the Cities of Vista and Encinitas.
The Parties agree to work cooperatively and in good faith, and to take such reasonable action(s) or precaution(s) as deemed necessary, to effectuate the purpose of this section.
5.2. Use of and Access to the Navigation Center. In consideration for the City Parties’ payment of their respective Party Share, each City Party shall have the right to utilize an approximately equivalent percentage of its Party Share of total Guest Capacity in the Navigation Center (City of Vista to utilize 75% of the beds and City of Encinitas to utilize 25% of the beds). Parties utilizing Guest Capacity in Navigation Center shall comply with the applicable Operating Plan.
5.3. City Parties Priority. The City Parties shall have priority to utilize the available Guest Capacity in their respective bed allocation as described above at the Navigation Center and shall have the right of first refusal in the event of capacity overflow or shortages.
5.4. Low-Barrier Access. The Navigation Center shall be considered “low barrier” facilities for purposes of adult only Guest access, and any entry screening, barriers, or conditions to access shall be defined in the Operating Plan, as such may be approved by the Party Representatives and reasonably necessary to accomplish the purposes of this Agreement, or as may otherwise be ordered by a court of law, or required by a settlement agreement to which the City Parties is a party. Except as required to comply with applicable law or court order, the Navigation Center shall not be “no- barrier” facilities, and shall have, at a minimum, access or entry conditions for Guests that are substantially similar to those utilized by the other Navigation Centers, and screening for felony warrants or registration as a sex offender as may be included in the Operating Plan.
5.5. Community Coordination and Communication. The Parties are committed to communication with neighbors on an ongoing basis. During the Term, the Parties and the Center Operators will, upon request, work together cooperatively and in good faith to facilitate communication such as community forums, generate educational or outreach materials, and engage in similar activities to promote or further the purposes of the Program. The goal of such efforts will be to provide members of the community with opportunities to ask questions and receive information about the Navigation Center and the Program. Any printed or published materials relating to the Program shall be subject to approval by the Party Representatives.
6. MISCELLANEOUS
6.1. Notice. Any notices provided to any Party in connection with this Agreement shall directed to the City Manager of the City Parties.
6.2. Defense and Indemnity. To the greatest extent allowed by law, the Parties shall each defend, indemnify and hold each other, including their elected officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, negligence, causes of action, costs, expenses, liabilities, losses, damages or injuries, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions, negligence of each Party’s own action or failure to 09/26/2023 D2 90 of 99
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act and arising out of the performance under this Memorandum of Understanding, including the payment of attorney’s fees, fines, penalties and other related costs and expenses.
6.3. Parties as Independent Contractors. Each Party is, and at all times shall be deemed to be, an independent contractor of the other Parties. Nothing herein is intended or shall be construed as creating the relationship of employer and employee, or principal and agent, between any Party, or any Party's agents or employees. Each Party shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of the Program pursuant to this Agreement. Each Party, and its agents and employees, shall not be considered to be employees of any other Party.
6.4. Governing Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction, located in San Diego County, California, and the Parties agree to and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
6.5. Amendments / Entire Agreement. Amendments to this Agreement must be in writing and approved by the governing body of each Party. This Agreement is the entire agreement among the Parties with respect to the subject matter hereof, and it supersedes any prior written or oral agreements with respect to the subject matter.
6.6. Severability. If any section, subsection, paragraph, term, or provision of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void or unenforceable, such section, subsection, paragraph, term, or provision, to the extent the same is valid and enforceable, and all other remaining provisions hereof, shall remain in full force and effect, to the fullest extent possible, and shall in no way be affected, impaired or invalidated thereby to the extent such are not rendered impractical to perform taking into consideration the purposes of this Agreement.
6.7. Interpretation. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. In addition, each Party has been represented by experienced and knowledgeable independent legal counsel of its own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so.
6.8. Non-Waiver of Rights and Remedies. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
6.9. Authority. The Parties represent and warrant that this Agreement has been duly authorized by their respective governing boards, and executed by a duly authorized representative thereof, and constitutes the legally binding obligation of their respective Party, enforceable in accordance with its terms.
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6.10. Assignment. Except as otherwise expressly provided for herein, no Party shall assign any of its obligations or rights hereunder without the consent of all other Parties, and any such assignment without consent shall be null and void.
6.11. Execution in Counterparts. This Agreement may be executed in counterparts, each of which, when the Parties have signed this Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties to this Agreement have caused the same to be executed by each of their duly authorized officers as follows:
CITY OF VISTA, a chartered municipal
corporation
By:______________________________
JOHN CONLEY, CITY MANAGER
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
CITY OF ENCINITAS, a chartered municipal
corporation
By:
PAMELA ANTIL, CITY MANAGER
ATTEST:
KATHY HOLLYWOOD, CITY CLERK
By:
APPROVED AS TO FORM:
TARQUIN PREZIOSI, CITY ATTORNEY
By:
Attachments:
A. Scope of services from the Request for
Proposals
APPROVED
Walter C. Chung
20230920151834
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APPENDIX A
Scope of Services
The Collaborative Partners are seeking an experienced homeless services provider and shelter operator to manage an adult only non-congregate low-barrier navigation center operations at the Center. The provider will assist people experiencing homelessness who meet the U.S.
Department of Housing and Urban Development definition of homeless1 with onsite services focusing on encampment residents.
The Collaborative Partners are committed to providing a secure environment where people experiencing homelessness may shelter, heal, and get on a path towards self-sufficiency. The Collaborative Partners intend for the Center to operate with the highest standards in safety, sanitation, and public services, creating a positive environment both inside the Center and in the surrounding neighborhood. The Collaborative Partners will evaluate each proposal submitted and rely on the expertise of the provider to a prepare a plan for the best structural setup for its clients and overall operation and management of the Center. The Collaborative Partners shall approve the plan for the operation and management of the Center. The Collaborative Partners’ goal is to collaborate with the Center operator to be responsive, respectful, and supportive to both the community experiencing homelessness and the greater local business and residential community. The resulting collaboration will develop the Center for people experiencing homelessness that will create pathways towards permanent housing, income, healthcare, and stability through continued care services. Rent of the Center will be paid by the Collaborative Partners.
Services shall address the following key elements within the proposal:
1) Qualifications. Proposals will be considered from for-profit and private or public non-profit organizations, with preference given towards non-profit organizations, which meet the following criteria:
a. A minimum of three consecutive years of providing homeless services, specifically managing, and delivering homeless shelter/navigation center services.
b. Service provider must have the current organizational experience and staff capacity to undertake a new navigation center and services. c. Service provider must have a demonstrated knowledge of Housing First, Trauma-Informed Care, and Harm Reduction Practices. Provider must remain abreast of and implement new and developing evidence-based practices concerning homeless services.
d. Service provider and/or key personnel shall hold appropriate licenses or certificates for the disciplines and services as well as data information access to the Coordinated Entry System (CES), San Diego County Continuum of Care, and
1 Department of Housing and Urban Development 24 CFR Parts 91, 582, and 583. Federal Register, Vol. 76, No. 233 Monday, December 5, 2011, Rules and Regulations
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Homeless Management Information Systems (HMIS) prior to signing any contract for the operation of the Center.
e. Stable operating resources with the ability to fund operations through reimbursement turn-around of Collaborative Partners’ funds demonstrated by a ratio analysis of organizations most recent audited financial statements. f. Have not filed for bankruptcy under any business name over the past five years. g. Service provider shall not be on the Office of Federal Contract Compliance Programs (OPCCP) debarred or suspended contractors list. h. The service providers and all employees are qualified to do business and are in good standing with the California Secretary of State and the California Franchise Tax Board.
2) Support Services/Case Management. Proposers must provide Housing First, trauma- informed care, supportive services, and case management to Center clients. Included in these services are the following required, but not limited services:
a. Intake and assessment to include an Individual Service Plan (ISP) to create a customized service plan that “meets people where they are at” and addresses housing, financial, education, employment, and self-sufficiency, among other needs within 48 hours of participant’s intake. A Release of Information and Multiparty Authorization to Use and/or Disclose Information shall be completed by the participant.
b. Provide at minimum clean sleeping space with bed/mattress coverings, blankets, sheets, pillows, and pillowcases, as appropriate for each participant. c. Initial hygiene kit to include at minimum, soap, towel, toothbrush, and toothpaste for each participant.
d. Three daily meals with meal schedule clearly communicated and advertised to participants.
e. Ongoing case management to support the goals of participants’ ISPs. Provider shall review and update the ISP at the first Case Management meeting and weekly thereafter.
f. Ongoing Case Coordination and collaborate with Access Points2 and other service providers, such as Rapid Rehousing and Permanent Supportive Housing Provider, to coordinate housing search, placement, and transition for the participants.
g. Facilitation of case conferencing through weekly meetings with all service partners to discuss participant goals, services needed, and to track progress and
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support participants with meeting ISP goals.
h. Housing Search and Placement support by assisting participants with identifying strengths and needs in relation to searching for and obtaining housing. This may include, but is not limited to, reviewing credit reports and any eviction history, advocating on behalf of participants with landlords, notifying participants of housing opportunities, and assistance with housing applications. i. Retention Services to follow up with participants; track and report participants stabilization outcomes, 30, 60, 90, and 365 days after they have exited the Center to a housing solution. Reporting information should include the following:
current housing situation, employment status, and location of the participant. j. Address behavioral health, both mental health and substance use, needs by referral to the level of appropriate care through the County of San Diego’s Behavioral Health Department.
k. Conduct monthly community meetings for participants and the surrounding business community where they may discuss building/program concerns and program ideas.
l. Coordination of medical and dental visits.
m. Assistance with participants in obtaining and maintaining income, identification, public benefits such as cash aid (e.g., CalWORKS, Social Security Income, etc.), CalFresh, and other food programs and/or Medi-Cal health coverage. n. Development of participants budgetary and financial literacy and assist participants in securing employment when ready.
o. Development of support groups to allow participants the opportunity for participation in organized gatherings for peer support that are appropriate for the facility’s hours of operation.
p. Daily wellness checks for participants.
q. Support services staff who are trained to respond to emergency situations and provide de-escalation and conflict resolution. All staff must be trained in CPR, AED, and the administration of NARCAN.
3) Operations. The provider is responsible for securing the facility and ensuring proper furnishing and maintenance of the Center. Basic operations must include but not limited to the following operations.
a. Procure and install all furnishings in living units (e.g., bed, dresser, nightstand, locking storage, etc.) and any additional furniture in common areas as identified by the proposal.
b. Develop, maintain, and document janitorial schedules for the Center, including, but not limited to cleaning floors; restrooms (e.g., floors, tile, showers, toilets, urinals, sinks); laundry machines (e.g., dryer vents); and kitchens (e.g., floors, 09/26/2023 D2 96 of 99
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sinks, counters, appliances); water fountains; and awarded provider will make sure that bathrooms are fully stocked with toilet paper, soap, and paper towels. c.Washing and cleaning of bed linens (sheets, pillowcases, comforters, etc.), towels, etc. weekly and upon new intake. Washer and dryer facilities are provided in common space at the Center.
d.Storage of additional beds to be utilized within a single room to accommodate couples sheltering together.
e.Necessary furnishings and amenities to provide reasonable pet accommodations.
f.Transportation coordination for clients onto and off the property g.Oversee and coordinate site security 24 hours per day. h.Other tasks as required to fulfill the requirements of managing and operating an adult only low barrier Navigation Center.
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EXHIBIT 7
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From:Susan Bower
To:Public Comments
Cc:Tamera Kohler; Jordan Beane
Subject:Item D2: Navigation Center
Date:Tuesday, September 26, 2023 1:41:40 PM
Attachments:Vista Public Comment Item D2 Navigation Center.pdf You don't often get email from [email protected]. Learn why this is important Please see the attached public comment regarding Item D2: Navigation Center, from the Regional Task Force on Homelessness.
Thanks,
Susan Bower, MSW, MPH
Local Government & Community Liaison
Regional Task Force on Homelessness
(858) 292-7627 x31
(760) 696-2736 - cell
4699 Murphy Canyon Road
Suite 104
San Diego, CA 92123
(Pronouns: She/Her/Hers)
www.rtfhsd.org
RTFH Offices are closed every other Friday
Click here to explore RTFH research and publications on homelessness in San Diego.
ADD TO PACKET
D2
September 26, 2023
ITEM D2
SUBJECT: MASTER LEASE AND REQUEST FOR PROPOSALS FOR BUENA CREEK
NAVIGATION CENTER
The Regional Task Force on Homelessness (RTFH) fully supports the City of Vista’s proposed Buena Creek Navigation Center, in partnership with the City of Encinitas, to provide low-barrier non-congregate interim shelter to people experiencing homelessness. This action is in alignment with Vista’s Homeless Response Plan and reflects one of the five system goals contained within the Regional Community Action Plan to Prevent and End Homelessness in San Diego. Vista’s continued attention to ensuring any experience of homelessness is a rare, brief, and non-recurring event, demonstrates the commitment of the City’s leadership to implementing a range of solutions and strategies to address homelessness. The collaboration with the City of Encinitas underscores the clear recognition that homelessness is a regional issue and must be addressed through regional partnerships.
For 17 consecutive months, countywide data has demonstrated that more people experienced homelessness for the first time than the number who were housed. For example, the RTFH August Data Newsletter reported that countywide, there were a staggering 1,435 people who experienced homelessness for the first time that month, while 733 were housed. The 2023 Point in Time Count found that 29% of people who were unsheltered on the night of the Count, were 55 or above. The need to ensure shelters accommodate the needs of an aging population is critical.
People living on the streets need access to shelter and linkage to supportive services. The Buena Creek Navigation Center is an exciting step forward to assisting people experiencing unsheltered homelessness in the City of Vista to begin their path to a permanent home. RTFH supports Vista’s continued work to address homelessness and applauds the leadership the Council has taken to implement its Strategic Plan to Address Homelessness.