cc 2024 AR 01/09 agreement with maac for admin of vhap — Vista City Council, January 9, 2024

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D3
Prepared by: Jonathan Lung, Homeless Services Program Manager Meeting Date: January 9, 2024 Approved by:

Imelda M. Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Discussion
SUBJECT: AGREEMENT WITH MAAC FOR ADMINISTRATION OF VISTA EMERGENCY HOUSING

ASSISTANCE PROGRAM
RECOMMENDATION: Adopt City Council Resolution No. 2024- , approving an agreement with MAAC for the administration of the Vista Emergency Housing Assistance Program.

CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.

PRIOR ACTION: On August 8, 2023, adopted Resolution No. 2023-146, approving the reallocation of unused American Rescue Plan Act funds to provide for a rental assistance program (Vote: 5-0).

On June 1, 2023, received an update on the implementation of the Strategic Plan to Address Homelessness and directed staff to include a rental assistance program in the Strategic Plan to Address Homelessness to be available to Vista residents and investigate all funding sources, including general fund, grants, and funding sources already allocated and then bring back options back to City Council for approval (Vote: 5-0).

STATEMENT ON THE SUBJECT: On March 11, 2021, the $1.9 trillion American Rescue Plan Act (ARPA) was signed into law. ARPA included a $350 billion allocation of Coronavirus State & Local Fiscal Recovery Funds (CSLFRF) to state, local, territorial, and tribal governments. Metropolitan Cities were one of six CSLFRF recipient types and collectively received an allocation of $45.6 billion. The City of Vista was categorized as a Metropolitan City and was allocated $26,178,395.

The United States Treasury is overseeing the CSLFRF program and distribution of funds. CSLFRF funds may be spent in four expense categories:
•Public Health/Negative Economic Impacts,
•Premium Pay,
•Revenue Loss, and
•Investments in Water, Sewer, and Broadband.

On June 1, 2023, City Council directed staff to revise the Homelessness Prevention Pilot Program strategy of the Strategic Plan to Address Homelessness (Strategic Plan) to an on-going Rental Assistance Program (Program) in support of the Housing Retention strategy of the Strategic Plan and consider available funding sources for its implementation. Staff identified $1.4 million in funds in Vista’s CSLFRF AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-8. Vote: 5-0.

MEETING DATE: January 9, 2024 PAGE 2
SUBJECT: AGREEMENT WITH MAAC FOR ADMINISTRATION OF VISTA EMERGENCY HOUSING

ASSISTANCE PROGRAM
allocation that are available to be reallocated towards the Rental Assistance Program under the Public Health/Negative Economic Impacts expense category.

The purpose of the Program is to provide financial assistance and housing stability to low-income Vista families and individuals who are at risk of losing their housing. Services can include the following:
•Rental assistance,
•Mortgage assistance,
•Utility assistance,
•Assistance paying delinquent property taxes,
•Counseling and legal aid to prevent eviction and homelessness, and •Emergency programs or services for homeless individuals, including temporary residences for people experiencing homelessness.

On October 12, 2023, a Request for Proposal (RFP) (Exhibit 3) was published to solicit an administrator for the Vista Emergency Housing Assistance Program (VEHAP) in support of the Housing Retention strategy. Submissions for the RFP were due on November 3, 2023, and no responses were received. As a result, the City moved to an informal bid process to solicit proposals directly from potential administrators, and proposals were received from Geocko, Inc. dba FORWARD, located out of state and MAAC, a local business with offices located in Vista. Staff reviewed both proposals and selected MAAC as the most qualified bidder. MAAC’s proposal is included as Exhibit 4.

Staff recommend approving an agreement with MAAC for administration of the VEHAP. The recommended contract with MAAC for VEHAP administration is for 12 months, with the option to extend up to an additional 24 months provided that the VEHAP does not extend past December 31, 2026, in accordance with ARPA regulations.

FISCAL IMPACT: City Council approval of the staff recommendation has no direct fiscal impact as ARPA funding has already been recognized in the ARPA CSLFRF Revenue Account (No. 1510023.427049).

The agreement will have an annual ceiling of $466,666.66.

EXHIBITS:

1.City Council Resolution No. 2024- , approving an agreement with MAAC for the Administration of the Vista Emergency Housing Assistance Program

2.Agreement with MAAC for the Administration of the Vista Emergency Housing Assistance Program

3.Vista Emergency Housing Assistance Program Request for Proposals

4.Proposal from MAAC for Vista Emergency Housing Assistance Program Administration 01/09/2024 D3 2 of 53

00029213 7
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING AN AGREEMENT WITH MAAC FOR THE

ADMINISTRATION OF THE VISTA EMERGENCY HOUSING ASSISTANCE

PROGRAM
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 March 10, 2020, the City Council adopted the Strategic Plan to Address Homelessness, which included a Homeless Prevention Pilot Program.

B. On June 1, 2023, the City Council received an update on the implementation of the Strategic Plan to Address Homelessness and directed staff to revise the Homeless Prevention Pilot Program to an ongoing Rental Assistance Program.

C. On August 8, 2023. $1.4 million in unused ARPA funds were reallocated towards the Vista Emergency Housing Assistance Program (VEHAP) in support of the Rental Assistance Program.

D. The City published an RFP for administration of the VEHAP and selected MAAC as the preferred administrator.

2. Action.

A. The agreement with MAAC to administer the VEHAP is approved and the Mayor is authorized to execute the contract. The City Manager is authorized to execute any subsequent agreements, amendments and/or documents related to said agreement with MAAC.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 9, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240102083917
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1

CONTRACT FOR SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Contact: Jonathan Lung
The “Contractor”
MAAC, a California nonprofit corporation
1355 Third Ave
Chula Vista, CA 91911
Contact: Susan Arias

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in City’s Request for Proposals (“Exhibit A”).

2.2 Contractor desires to enter into this “Contract” with City for the Services.

2.3 The “Project” for which the Services are required is described in Exhibit A.

2.4 Contractor has submitted to City a Proposal to perform the Services dated December 4, 2023 (“Exhibit B”).

2.5 The “Contract Ceiling Price” is $466,666.66 per year.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 Beginning on the Contract Date, this Contract shall be in effect for 12 calendar months (“Term”). The Term may be extended at the City’s sole option for an additional 24 months, in increments of City’s choice, for a maximum Term of 36 months provided that the Term does not extend past December 31, 2026.

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.

4.0 SCOPE
Contractor shall perform all Services including, labor, materials, software, supplies, reports, and documents for as may be required from time to time, in accordance with Exhibit A. The 01/09/2024 D3 4 of 53
EXHIBIT 2

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Services shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

5.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.

5.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

5.3.1 The changes, additions, and deductions to be made.

5.3.2 The increase or decrease in compensation due the Contractor, if any.

5.3.3 Adjustment in the time of completion, if any.

5.4 Contract Ceiling Price

5.4.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

5.4.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

6.0 CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits A–E.

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7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit B.

8.0 ASSISTANCE BY CITY
All information, data, records, reports, and maps as are in possession of City and necessary for the carrying out of this work shall be available to Contractor without charge. City shall make available to Contractor members of its staff for consultation with Contractor in the performance of this Contract. City does not warrant that the information data, records, reports, and maps heretofore or to be provided to Contractor are complete or accurate and Contractor should satisfy itself as to accuracy and completeness. City and Contractor agree that City shall have no liability should any information, data, records, reports, and maps be inaccurate, incomplete, or misleading. Unless provided in Exhibit A, no other assistance shall be provided by City to Contractor.

9.0 STANDARD OF PERFORMANCE

9.1 Contractor represents and warrants that it has the training, qualifications, experience, and facilities necessary to properly perform the Services required under this Contract in a thorough, competent, and professional manner. At all times Contractor shall faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. In meeting its obligations under this Contract, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Contract.

9.2 Contractor shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the Term of this Contract. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Contract, including any business licenses required by City. Neither City, nor any elected or appointed boards, officers, officials, employees, or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this Section.

10.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

10.1 Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling. Contractor is not to be considered an employee of City, nor shall any employees of Contractor be considered employees of City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished. This Contract is not intended to create the relationship of partnership, joint venture, or association between City and Contractor.

10.2 Contractor represents and warrants that all design professional services, if any, shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Exhibit A.

10.3 Neither Contractor, nor any of Contractor's officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to 01/09/2024 D3 6 of 53

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City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

10.4 Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Contractor’s officers, employees, agents, and subcontractors that are included in this Contract.

10.5 The payment made to Contractor pursuant to this Contract shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Contract. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. City will not make any federal or state tax withholdings on behalf of Contractor. City shall not be required to pay any workers' compensation insurance on behalf of Contractor.

10.6 Contractor agrees to defend and indemnify City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, or workers' compensation payment which City may be required to make on behalf of Contractor or any employee of Contractor, or any employee of Contractor construed to be an employee of City, for work done under this Contract. This is a continuing obligation that survives the termination of this Contract.

11.0 CIVIL RIGHTS

11.1 Contractor agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

11.2 Contractor shall not knowingly deny an opportunity or benefit, discriminate against or harass, any employee or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

11.3 Contractor shall not knowingly give preferential treatment to any applicant for employment on the basis of race, color, ethnicity, national origin, ancestry, religion, creed, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation.

11.4 This section shall be interpreted in a manner that is consistent with the California and United States Constitutions and applicable state and federal statutes governing workplace discrimination. The terms used in this section shall have the same meaning as defined in state statutes governing the same subject matter.

11.5 Nothing in this section shall be interpreted as prohibiting bona fide occupational qualifications consistent with applicable state and federal law and reasonably necessary to the normal operation of Contractor. Nothing in this section shall be interpreted as prohibiting regulations and policies to prevent nepotism or conflicts of interest.

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11.6 Nothing in this Section shall be interpreted as prohibiting action taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to City.

11.7 To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability (including without limitation all claims, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs, and costs of alternative dispute resolution) resulting from any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractors of Contractor or its subcontractors, Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractors. The provisions of this Section survive completion of the services or termination of the Contract.

12.0 CONTROL OF SERVICES
Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

13.0 ASSIGNMENT AND SUBCONTRACTING

13.1 Neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

13.2 Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractor, including persons either directly or indirectly employed by subcontractor, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Contract shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager or the City Manager’s designee. All subcontractors are subject to the prior written review and approval of the City Manager or the City Manager’s designee. 01/09/2024 D3 8 of 53

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14.0 LICENSES
If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents, or subcontractors by federal, state, or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any required bond has been posted in accordance with all applicable laws and regulations.

15.0 FINANCIAL RECORDS

15.1 Contractor shall maintain any and all documents, ledgers, books of account, invoices, vouchers, canceled checks, or records demonstrating or relating to Contractor’s performance of services pursuant to this Contract or evidencing or relating to expenditures and disbursements charged to City pursuant to this Contract. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Contract. Any and all such documents or records shall be maintained for three years from the date of execution of this Contract and to the extent required by laws relating to audits of public agencies and their expenditures. It is expressly understood and agreed that the provisions of this Section will survive termination of this Contract.

15.2 Any and all records or documents required to be maintained pursuant to this Section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its Representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Contract or the primary location from which services are rendered, whichever is closer.

16.0 OWNERSHIP OF DOCUMENTS

16.1 Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, computer code, and detailed calculations developed under this contract, are the property of City. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby assigns, waives, and relinquishes all claims to copyright or other intellectual property rights in favor of City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of Services and that Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of Services. If Contractor is providing copyrighted, proprietary materials in the performance of the Services, then the intellectual property provisions of Exhibit B shall prevail over the provisions of this section.

16.2 Contractor represents that it has secured all necessary licenses, consents, or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the work product produced under this Contract, and that City has full legal title to and the right to reproduce such materials. The Contractor covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that they are violating or have violated any federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or 01/09/2024 D3 9 of 53

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other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.

17.0 CONFIDENTIALITY

17.1 Contractor shall treat all information obtained from City in the performance of this Contract as confidential and proprietary to City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Contract as confidential.

17.2 Contractor agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor’s scope of Services. Contractor will not disclose any information prepared for City or obtained from City or obtained as a consequence of the performance of work to any person other than City, or its own employees, agents or subcontractors who have a need for the information for the performance of Services under this Contract unless such disclosure is specifically authorized in writing by City.

18.0 CONFLICT OF INTEREST REQUIREMENT
Contractor agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Contractor to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Contractor warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Contractor's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Contractor from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Contractor shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk.

Contractor further agrees that no employee, agent or subcontractor for Contractor shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.

19.0 PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL Contractor warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Contractor promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Contractor shall be subject to restitution of all fees or money paid or earned under this Contract.

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20.0 INDEMNIFICATION

20.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).

20.2 Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several.

21.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

22.0 SERVICE OF NOTICE

22.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

23.0 LABOR LAW COMPLIANCE
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

24.0 SURVIVAL OF COVENANTS
Contractor’s obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.
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25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

27.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

28.0 COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven.

Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

29.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment, or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Continued on page 10.]

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30.0 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 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”
MAAC, a California nonprofit corporation
By:

Name/Title
By:

Name/Title

APPROVED
Walter C. Chung
20231221100254
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EXHIBIT A

REQUEST FOR PROPOSALS

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EXHIBIT B
CONTRACTOR’S PROPOSAL

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EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 01/09/2024 D3 16 of 53

00022422 8 Exhibit C, Page 2 of 3
4888-8634-9720, v. 2
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 01/09/2024 D3 17 of 53

00022422 8 Exhibit C, Page 3 of 3
4888-8634-9720, v. 2
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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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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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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City of Vista
Housing and Homeless Services Division
STRATEGIC PLAN TO ADDRESS HOMELESSNESS:

Vista Emergency Housing Assistance Program (VEHAP)
Request for Proposals (RFP)
Applications Available
Application Due Date
October 12, 2023
November 3, 2023
Vista Emergency Housing Assistance Program RFP Page 101/09/2024 D3 21 of 53 EXHIBIT 3

I.INTRODUCTION AND PURPOSE
The City of Vista (“City”) is soliciting written proposals from qualified service providers to provide emergency housing assistance services for families and individuals economically impacted by COVID-19 and at risk of becoming homeless.

Background:

On March 11, 2021, the $1.9 trillion American Rescue Plan Act (ARPA) was signed into law. ARPA included a $350 billion allocation of Coronavirus State & Local Fiscal Recovery Funds (CSLFRF) to state, local, territorial, and tribal governments. Metropolitan Cities were one of six CSLFRF recipient types and collectively received an allocation of $45.6 billion. The City of Vista was categorized as a Metropolitan City and was allocated $26,178,395.

On March 10, 2020, Vista City Council adopted the Strategic Plan to Address Homelessness which identifies three specific strategies: (1) preventing homelessness; (2) improving quality of life, and (3) reducing homelessness.

On August 8, 2023, the City Council approved Resolution No. 2023-146, approving the reallocation of unused American Rescue Plan Act Funds to provide a housing assistance program in support of the Homelessness Prevention strategy of the Strategic Plan to Address Homelessness in Vista.

The City seeks a qualified and experienced Program Administrator with an expert understanding of the needs of low income households in the city. The ARPA-funded Emergency Housing Assistance Program will provide assistance to households impacted by the pandemic. The goal of this program is to maintain housing stability for Vista residents by collecting and considering housing assistance applications to evaluate financial need, and to connect recipients to financial assistance, supportive services such as case management, financial planning and coaching.

Vista Emergency Housing Assistance Program:

The Vista Emergency Housing Assistance Program (VEHAP) is targeted to households who have been impacted by the pandemic and focuses on prevention, self-sufficiency, and stabilization.

Considered a national best practice, prevention is far less expensive than providing shelter beds with accompanying services for chronically homeless individuals and families. Services can include rental , mortgage, and utility assistance including arrears; assistance paying delinquent property taxes; and counseling and legal aid to prevent eviction.

II.CITY EXPECTATIONS
The City is seeking a qualified and experienced Program Administrator who has demonstrated expertise in administering housing assistance programs and working with and meeting the needs of those most vulnerable in our and similar communities. Program Administrators are expected to provide services within City of Vista boundaries to support access for low-income clients with limited mobility. In addition to providing housing assistance services, the provider will be responsible for submitting monthly reports to the City outlining anonymized client data, detailed program activities, and itemized expenditures. The City will expect the selected Program Administrator to begin program activities within 15 days after execution of a resulting contract.

This RFP sets forth the requirements of the activities that are eligible for the VEHAP, and contains guidelines for what the program must include.

III.FUNDING AND METHOD OF PAYMENT
The City intends to award one contract with a one year term with the option to extend for two additional one-year terms, for a total of three years. Services provided under the VEHAP shall not Vista Emergency Housing Assistance Program RFP Page 201/09/2024 D3 22 of 53

exceed $1,400,000 over a three-year period. Proposals should describe the services the organization are able to commit to within the allocated budgets. The selected service provider will submit monthly invoices to the City. Invoices must include a detailed breakdown of the services, the tasks, the hours, and hourly rates.

Please note, the City expects a majority of the funding to be used for direct housing assistance to low-income persons and families. No new agency staff are expected to be added and the City will look critically at proposed staffing and administrative costs for reasonableness in completing its review. Administrative and staffing costs may not exceed 10% IV.SCOPE OF SERVICES
The purpose of the Program is to provide financial assistance and housing stability to low-income Vista families and individuals who are at risk of losing their housing.

In an effort to ensure the preservation of housing stability, applications will be accepted on a first- come, first-serve basis, and awards shall not exceed $10,000 per household. A maximum of six months of assistance, including arrears, will be awarded per household. Arrears must be paid before forward assistance may be granted. Program funds will be disbursed directly to the landlord or property manager, mortgage servicer, utility, or other service provider. No funds will be disbursed to program applicants directly. Prior to the release of funds, the following documents must be submitted:

From the Landlord:
•Documentation of a current City of Vista Business License, if applicable; •W-9 for the Landlord receiving rental payment; and
•Signed affidavit affirming that the Landlord has not and will not receive payment for the same month(s) rent due for the same tenant from any other assistance programs.

From the Tenant:
•Executed Rental Assistance Agreement that includes a signed affidavit affirming that the tenant is not receiving rent from any other sources (rental assistance programs, CARES Act funds, sub-lessees, roommates, etc.).

The goal of the program is to maintain housing stability for residents by collecting and considering VEHAP applications to evaluate financial need and ability to connect recipients to supportive services. Applicants must have experience working with low-income households; evaluating financial need; providing rental assistance, providing supportive services such as case management, financial planning, and must provide an on-site location within the City of Vista city limits.

V.ELIGIBILITY CRITERIA
Nonprofit organizations, government agencies, and neighborhood organizations that primarily serve low- and moderate-income San Diego County residents, with experience administering rental and housing assistance programs are eligible to apply. Nonprofits must be incorporated as a nonprofit in California by the proposal submittal date. All services must be offered within City of Vista boundaries.

The successful respondent shall enter into a contract with the City and submit the following within 10 days of Notice of Award:

1.The City’s standard Contract for Services (sample included as Appendix B); Vista Emergency Housing Assistance Program RFP Page 301/09/2024 D3 23 of 53

2.Copy of Certificate of Insurance which shows compliance with General Liability Insurance, Automobile Liability Insurance and Workers Compensation Insurance as required in the Contract for Services;

3.Completed IRS W-9 tax form;
Additional contract requirements:
•Fingerprinting is required for all staff working with the VEHAP •Personnel and Participant conditions in the contract including: Affirmative action, nondiscrimination employment practices, ADA requirements and Drug Free Work Place are required.
•Funded agencies cannot be indebted to the IRS or any public entity nor have judgments or liens.

VI. PROPOSALS
Proposals should describe an effective approach to providing the required assistance services for low-income residents in the City, as described in this RFP. The response should not exceed ten (10) pages excluding the Cover Letter.

Proposals should include at a minimum the following elements:

1.Cover letter. A cover letter shall summarize key elements and guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. The cover letter shall be limited to two (2) pages and shall include a contact name, email, phone number and full address. The cover letter must provide a brief overview of the applicant qualifications, list key personnel and areas of responsibility, demonstrate that the personnel have the knowledge and skills to provide rental assistance, and emphasize similar contracts or projects that required performance of similar tasks. The cover letter shall include a statement that the Consultant can meet the City’s insurance requirements and is prepared to execute the City’s standard Professional Services Agreement as written, and will not make any changes to the project term without authorization of the City. In cases, where a team member voluntarily leaves an agency, the Consultant shall provide the City a proposal for a substitute team member subject to the approval of the City.

2.Approach. Provide a detailed description of the approach to meeting program requirements, including suggested methodologies to be used when providing VEHAP services. Proposals must include effective outcome indicators and how the applicant suggests reporting the measures. For each activity, list the objective, outcome, and outcome measurement.

Describe how data will be collected, tracked, and stored. Proposals must outline how clients are identified, the application process, how assessments are completed to identify level of need, assessment forms, and how proposed services outlined in the scope of work will be administered. Proposals should take into consideration the objectives identified in the Scope of Services. Proposals must be responsive to the requirements of Appendix A and specify any requested revisions to its requirements.

3.Staffing. Identify and describe project staff for the program, qualifications and professional experience, along with proposed weekly time commitment towards each program. 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.

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4.Outcomes. Include proposed client outcomes. The successful applicant will be required to report quantifiable outcomes on a monthly basis. Outcomes must include number of households served, number of evictions prevented, and number of households that maintain stable housing at the six-month and thirteen-month marks. It will be required that all client- data related to these programs be entered the Community Information Exchange (CIE).

5.Budget. Please provide a 12-month project budget describing staff rates and labor hour estimates. Up to ten percent of the funds may be used for staff costs related to providing support services and administering the program. The City will review the budget proposal to determine maximum value, effectiveness, approach, and performance of work within a reasonable budget. Proposals shall describe whether in-kind support if applicable, or if leveraging other existing resources is planned.

6.Schedule. Include proposed program schedule including key project tasks, deliverables, specific timelines, and sequence. Funding for the program are immediately available. The City expects the selected provider to begin services within 15 days, after execution of agreement.

VII.Review of Proposals
Proposals will be reviewed for completeness and according to the City’s evaluation criteria.

Incomplete and/or late proposals may be disqualified. The City will review and evaluate all proposals for responsiveness to this RFP to determine whether the respondent possesses the professional qualifications necessary for the satisfactory performance of the services required.

The City will also investigate qualifications of all respondents to whom the award is considered and may request clarification of proposals directly from one or more proposers. In reviewing the proposals, the City will consider the following evaluation criteria (100 points total):
•Quality of the approach, clarity, rationale, and feasibility (25 points) •Organization’s experience with projects of similar type (20 points) •Project staff experience and expertise (20 points)
•Proposed project schedule and outcomes (20 points)
•Budget and value of proposed work and deliverables for dollars invested (15 points) The City may conduct interviews as a part of the evaluation process.

VIII.AWARD OF AGREEMENT
Upon completion of the review period, the City will notify the proposer whose proposal will be considered for further evaluation and negotiation. Any delay caused by proposer's failure to respond to direction from the City may lead to a rejection of the proposal. a.If the City determines, after further evaluation and negotiation, to award the agreement, a professional services agreement will be sent to the successful proposer for the proposer's signature. No proposal shall be binding upon the City until after the agreement is signed by duly authorized representatives of both the service provider and the City. b.The City reserves the right to reject any or all proposals, and to waive any irregularity in a proposal. The award of the agreement will be based upon a total review and analysis of each proposal and projected costs.

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c.The City expects the selected provider to begin services within 15 days after execution of agreement.

Timeline for Submission and Award:

Activity Date
Public Notice announcing RFP October 12, 2023
Final Date for Submissions of Questions October 20, 2023 Proposal Submission Deadline October 27, 5:00p.m.

Interviews (if needed) November 1, 2023
Selection and Funding Award November 3, 2023
IX. Submission of Proposal
To submit an application, 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 5:00 p.m. PM PST (on the dot) on Thursday, October 27, 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.

X. Submission of Questions.

All RFP related questions shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement. Phone call questions will not be accepted. Answers to all submitted questions will be provided in an addendum through OpenGov Procurement. Questions must be submitted prior to the deadline specified in the RFP Schedule, below.

XI. Right to Reject Proposals
The City reserves the right to request additional information from proposers. By the act of submitting a proposal, proposers acknowledge and agree to the terms and conditions of this RFP and to the accuracy of the information they submit in response. The City reserves the right to reject any and all submittals, waive any irregularities in the submittal requirements, or cancel this Vista Emergency Housing Assistance Program RFP Page 601/09/2024 D3 26 of 53

RFP at any time. The review panel intends to make recommendations to enter into a contract with the City at the Vista City Council meeting on November 14, 2023.

XII.Disclosure
All Proposals become the property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250. These requirements include an exemption for "trade secrets". If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City if litigation results.

Vista Emergency Housing Assistance Program RFP Page 701/09/2024 D3 27 of 53

APPENDIX A

VISTA EMERGENCY HOUSING ASSISTANCE PROGRAM SPECIFICATIONS Overview
The Vista Emergency Housing Assistance Program (VEHAP) is targeted to households who have been impacted by the pandemic and focuses on prevention, self-sufficiency, and stabilization.

Considered a national best practice, prevention is far less expensive than providing shelter beds with accompanying services for chronically homeless individuals and families. Services can include rental, mortgage, and utility assistance including arrears; assistance paying delinquent property taxes; and counseling and legal aid to prevent eviction.

Funding Process and Priorities
In an effort to ensure the preservation of housing stability, applications will be accepted on a first- come, first-serve basis, and awards shall not exceed $10,000 per household. A maximum of six months of assistance, including arrears, will be awarded per household. Arrears must be paid before forward assistance may be granted.

Funds will be disbursed from the Program Administrator directly to the Landlord or Property Manager, mortgage servicer, utility provider, or service provider of other VEHAP eligible assistance. No funds will be disbursed to program applicants directly.

Rental assistance will be provided in an amount that is the lesser of: tenant’s actual rent for six months, including arrears; tenant’s share of the contract rent or maximum affordable rent for the unit size, based on need up to the max award of $10,000.

Prior to the release of funds, the City must receive the following documents:

From the Landlord:
•Documentation of a current City of Vista Business License, •W-9 for the Landlord receiving rental payment,
•Signed affidavit affirming that the Landlord has not and will not receive payment for the same month(s) rent due for the same tenant from any other rental assistance, mortgage assistance or other CARES Act program.

Applicant Eligibility and Requirements
Program applicants will be deemed eligible if one or more household members meets the following criteria:
•Resident of incorporated City of Vista;
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•Qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship during or due, directly or indirectly, to the coronavirus pandemic;
•One or more household members can demonstrate a risk of experiencing homelessness or housing instability; and
•Household income does not exceed 65% AMI.

Household must have a documented substantial decrease in household income due to health, employment, unforeseen automobile repair, unforeseen medical emergency, or out-of-pocket medical expenses as evidenced by the following:
•Termination Notice
•Payroll Check or Pay Stubs
•Bank Statements
•Medical Bills accompanied by medical provider notice of inability to work/required time off •Signed Letter from Employer explaining tenant’(s) changed financial circumstances •Unemployment Award Letter
•Self-Certification of tenant’s inability to pay the next month rent and/or utility bill Income Limits
Household
Size
1 person
2 person
3 person
4 person
5 person
6 person
7 person
8 person
65% AMI $60,795 $69,489 $78,183 $86,814 $93,807 $100,737 $107,667 $114,597 Program Process
The selected Vista Emergency Housing Assistance Program Administrator will manage the following process:
•Finalize draft housing assistance program specifications. •Circulate information of the availability of the housing assistance programs in coordination with the City of Vista.
•Verify aspects of the housing assistance program applications:
o Household size and income
o Most recent housing payment made immediately preceding emergency need •Verify payment requirement(s) with housing or service provider •Create template letters to tenant applicants confirming or denying housing assistance payment(s).

Programmatic Evaluation and Annual Report
In order to determine the effectiveness of the housing assistance program, the program administrator will track and evaluate the following:
•Summary of applicants who were approved and received housing assistance:
o Name and address
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o Participant Eligibility:
Income level, family size
o Basic demographics
o Reason for financial loss
o Total housing assistance payment(s) approved including the amount paid and for what time period
•Summary of Applicants who were denied housing assistance including the following:
o Name, address, and reason for housing assistance program denial •Housing status of program participants six months and thirteen months after receiving housing assistance
•Client Satisfaction Survey of all Housing Assistance Program applicants to determine their satisfaction with participating in the program and working with the Program Provider The Program Administrator shall provide the City with an annual report containing the above- described information, within 45 days of completion of the first contract year. If the contract between the City and Program Administrator is extended, the Program Administrator shall provide annual reports following each subsequent contract year.

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CONTRACT FOR SERVICES
THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: workingname
Billing Contact: billingname
The “Contractor”
NAMEX, statusx
Address
Address
Contact: name

2.0 BASIC TERMS

2.1 The “Services” to be performed by Contractor are set forth in City’s Request for Proposals (“Exhibit A”).

2.2 Contractor desires to enter into this “Contract” with City for the Services.

2.3 The “Project” for which the Services are required is described in Exhibit A.

2.4 Contractor has submitted to City a Proposal to perform the Services dated proposaldate (“Exhibit B”).

2.5 The “Contract Ceiling Price” is $xx,xxx per year.

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”). The Term may be extended at the City’s option for an additional xx months, in increments of City’s choice, for a maximum Term of xx from the Contract Date.

APPENDIX B
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Proposal which may be necessary to carry out the Contract in good faith, shall be performed by the Contractor at no increase in cost to City. In the event of a conflict between the provisions of Exhibit A and Exhibit B, the provisions of Exhibit A shall control.

5.0 COMPENSATION

5.1 City shall pay Contractor on a time and material rate as set forth in Exhibit B for the Services to be performed.

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.

5.5 Except as provided in Exhibit B, Contractor shall not be reimbursed for any expenses incurred in rendering services under this Contract.

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7.0 TIME FOR COMPLETION AND COMMENCEMENT OF SERVICES
All Services under the Contract must be completed in compliance with the schedule in Exhibit B.

9.0 STANDARD OF PERFORMANCE

10.0 CONTRACTOR’S STATUS; CONTRACTOR’S EMPLOYEES

City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

11.0 CIVIL RIGHTS

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13.0 ASSIGNMENT AND SUBCONTRACTING

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15.0 FINANCIAL RECORDS

16.0 OWNERSHIP OF DOCUMENTS

other means of protecting interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked materials, equipment, devices, or processes used on or incorporated in the services and materials produced under this Contract. In case such materials, equipment, devices, or processes are held to constitute an infringement and their use is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the materials by suspension of any injunction or by procuring a license or licenses for the City; or (b) modify the materials so that they become non-infringing.

17.0 CONFIDENTIALITY

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.

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20.0 INDEMNIFICATION

21.0 INSURANCE AND BONDS
Contractor shall comply with the insurance provisions set forth in Exhibit C.

22.0 SERVICE OF NOTICE

22.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

24.0 SURVIVAL OF COVENANTS
Contractor’s obligations under Sections 16, 17 and 20 shall survive the termination of this Contract.

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25.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

26.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

[Continued on page 10.]

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30.0 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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EXHIBIT A

REQUEST FOR PROPOSALS

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EXHIBIT B
CONTRACTOR’S PROPOSAL

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EXHIBIT C

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

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.

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.

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 Vista Emergency Housing Assistance Program RFP Page 2301/09/2024 D3 43 of 53

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.