HomeMy WebLinkAbout08 CONTRACTOR SERVICES AGREEMENT - TEMPORARY SHELTER, INC (AKA: ORANGE COUNTY RESCUE MISSION)MEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY
Agenda Item 8
Reviewed:
AGENDA REPORT City Manager
Finance Director �A
JANUARY 15, 2019
JEFFREY C. PARKER, CITY MANAGER & HOUSING AUTHORITY
EXECUTIVE DIRECTOR
TUSTIN HOUSING AUTHORITY
CONTRACTOR SERVICES AGREEMENT —TEMPORARY
SHELTER, INC (AKA, ORANGE COUNTY RESCUE MISSION)
The Tustin Housing Authority ("Authority") is seeking authorization to enter into a
Contractor Services Agreement ("CSA") with Temporary Shelter, Inc., an affiliate of the
Orange County Rescue Mission, to operate the Tustin Temporary Emergency Shelter.
RECOMMENDATION
It is recommended the Tustin Housing Authority Commissioners take the following
action:
1. Authorize the Executive Director to execute a Contractor Services Agreement with
Temporary Shelter, Inc. to operate the Tustin Temporary Emergency Shelter.
It is recommended the City Council take the following actions:
1. Authorize the City Manager to execute a Contractor Services Agreement with
Temporary Shelter, Inc. to operate the Tustin Temporary Emergency Shelter; and
2. Appropriate $986,343 in General Fund Reserves to the Tustin Housing Authority
for the purpose of funding the first year of Tustin Temporary Emergency Shelter
operations.
FISCAL IMPACT
Although there are funds in the Low and Moderate Income Housing Asset Fund
(LMIHAF), Health and Safety Code Section 34176.1(a)(2), limits the amount of funds
expended annually upon homeless prevention services to $250,000. On December 18,
2018, the City Council appropriated funds from LMIHAF for the construction of the
Agenda Report —Temporary Shelter, Inc.
January 15, 2019
Page 2
Emergency Shelter. As a result, the appropriation for operating the emergency shelter
will come from General Fund Reserves.
Strategic Plan Goal B is to ensure Tustin is an attractive, safe and well-maintained
community in which people feel pride. Authorizing the Contractor Services Agreement
with Temporary Shelter, Inc. enables the City to meet the 120 -day Federal Court
deadline to open a facility and enforce its camping and related ordinances to ensure the
City remains attractive, safe and well maintained.
BACKGROUND
In response to the City of Tustin being sued as part of several lawsuits assigned to
Federal District Court Judge David Carter, the City entered into a Settlement Agreement
which requires the City open an emergency homeless shelter within 120 days from the
date of the Agreement. On December 18, 2018, the City Council authorized the Public
Works Director to proceed with construction of a temporary emergency shelter at the
site of the former Army Reserve at 2345 Barranca Parkway.
The City of Tustin is home to a variety of facilities, including the Orange County Rescue
Mission ("OCRM")-operated Village of Hope and Veteran's Outpost, which serve client
and families who find themselves homeless. Although OCRM is exemplary in how it
operates their facilities, they are currently run with religious practices that are in conflict
with the published decision from the Ninth Circuit Court of Appeals in Martin et al v City
of Boise (9th Cir. 9/4/2018).
Given that OCRM has been a good neighbor and operated facilities that have met the
needs of the homeless while not impacting the surrounding neighborhoods, staff is
recommending the City enter into a CSA with OCRM-affiliate Temporary Shelter, Inc.,
("TSI") to operate the recently approved Tustin Temporary Emergency Shelter at 2345
Barranca Parkway. TSI was established by OCRM to provide homeless services
without religious practices, compliant with the Ninth Circuit Court of Appeals ruling. TSI
understands the population, can effectively train and manage staff, and is successful in
transitioning the homeless into long-term housing.
Upon the Effective Date of the CSA, City agrees to provide TSI with up to $106,688 in
start-up funding as provided in Exhibit A for staff recruitment and training. Upon
commencement of shelter operations, the City shall pay TSI the monthly fee of $73,305
as compensation for all services rendered under this Agreement. The term of the CSA
Agenda Report —Temporary Shelter, Inc.
January 15, 2019
Page 3
will be one-year from when TSI commences operation of the shelter and may be
extended for an additional one (1) year term by mutual written agreement of the parties.
TSI has been working with the Public Works Department in configuring the temporary
emergency shelter in a manner that is supportive to the homeless while maintaining a
safe environment for the community. This will not be a "walk-up" facility. Admission will
be referral only and the facility team will coordinate client transportation to and from the
facility before any clients travel to or exit from the property.
The proposed facility will be entirely fenced -off and 24-hour, interior and exterior
security (security guards, cameras, gate access controls, etc.) will enforce a strict, zero
tolerance policy prohibiting loitering around the facility. Clients exiting the facility must
have a pre -arranged transportation plan. All gates will be locked, access controlled,
and contain audible alarms.
TSI will operate the facility 24 -hours per day, with onsite programming focused on
helping clients obtain housing and become self-sufficient again. All clients will be
encouraged to stay on-site during the day and to take advantage of the on-site services.
The Tustin Police Homeless Liaison Officer will be based at the facility, resulting in
direct coordination with TSI.
Staff is recommending the Housing Authority Commission and City Council authorize
the CSA with Temporary Shelter, Inc., and is available for questions.
John Buchan n Jerry Craig
irector �con o is Development Deputy Dir oro Ec mic Development
Tus in Hous g Authority Tustin Ho uthority
Attachment Contractor Services Agreement with Temporary Shelter, Inc.
CONTRACTOR SERVICES AGREEMENT
FOR CITY OF TUSTIN EMERGENCY SHELTER
This Contractor Services Agreement ("Agreement"), is made and entered into by and
between the CITY OF TUSTIN, a municipal corporation and TUSTIN HOUSING AUTHORITY,
a California Housing Authority (collectively the "City"), and TEMPORARY SHELTER, INC., a
California nonprofit public benefit corporation ("Contractor"), referred hereinafter collectively as
the "parties".
WHEREAS, the City pursuant to a court ordered settlement is compelled to establish an
emergency homeless shelter within 120 -days of such order and while the City is currently planning
and investigating another site for a long-term emergency homeless shelter, the City seeks to
establish a temporary shelter at the site of the former Army Reserve at 2345 Barranca Parkway; and
WHEREAS, Contractor desires to perform the temporary services required by the City on
the terms and conditions set forth in this Agreement by providing the City a low -barrier Tustin
Temporary Emergency Shelter ("TTES") for the City's homeless with the purpose of diverting the
homeless from the streets of the City into a safe and sanitary emergency shelter; and
WHEREAS, Contractor represents it is qualified by experience, preparation, organization,
staffing, and management to operate an emergency homeless shelter and related programs for the
homeless, and can provide the necessary services under this Agreement and has agreed to provide
such services; and
WHEREAS, Contractor has submitted to the City a proposal comprising a "Scope of
Services," "Sample Daily Schedule," and "Proposed Budget" all of which are attached hereto as
Exhibit "A" and incorporated herein by this reference (collectively, the "Proposal"); and
WHEREAS, the City desires to engage Contractor to render the services required by the
City on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, the City agrees to employ and does hereby employ Contractor, and Contractor agrees to
provide consulting services, as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all the terms and conditions of this
Agreement, Contractor shall provide and perform all services identified in the
Proposal, including, but not limited to, any labor, staffing, training, equipment,
services and items appropriate and necessary to fully and adequately perform the
terms and conditions of this Agreement (collectively, the "Services"). Contractor
warrants that all Services shall be performed in a competent, professional and
satisfactory manner in accordance with all standards prevalent in the industry no
matter if the City or Contractor is paying the consideration for such Services. Any
Services required at the Property (as defined below) not expressly delineated as the
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responsibility of Contractor herein shall be the responsibility of the City, unless
otherwise agreed to in writing by both parties. The TTES shall be operated by
referral only (i.e., no walk-in guests) and subject to substantially the same admission
requirements as the Bridges at Kraemer Place in the city of Anaheim. The TTES
shall be open for homeless individuals twenty-four (24) hours per day, seven days
per week.
1.2 The Property. The Property shall be defined as the land and all improvements and
facilities located and placed thereon during the Term of this Agreement and all such
designated common areas located at the site of the former Army Reserve at 2345
Barranca Parkway, Tustin, California, as depicted on Exhibit B attached hereto and
incorporated herein by this reference (the "Property").
1.3 Site of Services. Unless otherwise expressly stated in this Agreement or required by
law, all Services shall be performed at and upon the Property where Contractor shall
provide a capacity of fifty (50) beds on an emergency basis for homeless individuals
and families with preference to those from within the City, or with family
connections to the City based upon reasonable criteria mutually established by the
City and Contractor.
1.4 Term. The date this Agreement is fully signed by the parties shall be deemed the
"Effective Date Beginning on the Effective Date, the City shall provide the
Contractor reasonable access to the Property to establish the TTES as a fully
operational fifty (50) bed homeless facility ready and capable of providing the
Services set forth in this Agreement. The "Term" of this Agreement shall
commence on the date that Contractor has first established the TTES at the Property
as a fully operational fifty (50) bed facility (the "Commencement Date") and
terminate on the first anniversary thereafter (the "Termination Date") unless
otherwise extended by the parties. As time is of the essence, Contractor shall take all
necessary steps and work as expeditiously as possible to establish the TIES at the
Property no later than February 23, 2019. Contractor shall without delay provide the
City written notice of the Commencement Date, This Agreement may be extended
for an additional one (1) year term by mutual written agreement of the parties no
later than forty-five (45) days prior to the expiration of the Term.
1.5 Equipment and improvements. Contractor shall ensure that all improvements and
equipment, as listed in Exhibit "A", or purchased with funds pursuant to this
Agreement will be utilized for and at the Property. The improvements and
equipment shall be maintained and/or disposed of in accordance with the directions
of the City and all equipment furnished to Contractor by the City and/or purchased
by Contractor with funds pursuant to this Agreement, will be limited to use for the
activities outlined in this Agreement and will remain property of the City. Upon
termination of this Agreement, Contractor will immediately return all improvements
and equipment and property to the City, or dispose of it in accordance with the
directions of the City.
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1.6 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all applicable laws, ordinances, resolutions, statutes, rules, and
regulations of the City and of any federal, state or local governmental agency of
competent jurisdiction, including to the best of its ability compliance with the
requirements of the Occupational Safety and Health Act of 1970, 29 U.S.C. section
651 et seq., and the American with Disabilities Act of 1990, 42 U.S.C. section 651
et seq., and any analogous legislation in California.
1.7 Licenses and Permits. Contractor shall obtain such licenses, permits and approvals
as may be required by law for the performance of the services required by this
Agreement and reimbursed by the City as authorized.
1.8 Familiarity with Services. By executing this Agreement, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the Services to be
performed, (b) has investigated the site of the Services and become fully acquainted
with the conditions there existing, (c) has carefully considered how the Services
should be performed, and (d) fully understands the facilities, difficulties and
restrictions attending performance of the Services under this Agreement. Should the
Contractor discover any latent or unknown conditions materially differing from
those required to perform the Services or as represented by the City, Contractor shall
immediately inform the City of such fact and shall not proceed with any Services
except at Contractor's risk until written instructions are received from the Contract
Officer.
1.9 Additional Services. Contractor shall perform the Services in addition to and
beyond the scope of those items and categories specified in the Proposal when
directed to do so in writing by the Contract Officer and as agreed to by Contractor,
provided that Contractor shall not be required to perform any additional Services
without compensation. Any additional compensation for additional Services
provided outside the specific itemized Services listed in the Proposed Budget made
part of Exhibit A must be approved in writing by the Contract Officer and City
Manager, unless such amount exceeds ten percent (10%) of the original Contractor
Fee, in which case such increase must be approved by the City Council.
1.10 Increase in Proposed Budget Items. Contractor shall perform all the Services as
specified in the Proposal for the Contract Fee, but Contractor may request in writing
that the City increase the Proposed Budget for a specific item or category listed in
the Proposed Budget made part of Exhibit A, and the Contract Officer and City
Manager may approve such increase in any budgeted item(s) so long as the total
combined budgeted item increases during the Term do not exceed $50,000, and if
so, any further increase beyond this limit must be approved by the City Council.
1.11 Conflicts. In the event of any inconsistency or should a conflict exist between the
terms contained in Exhibit "A" (the Proposal) and the terms set forth in the main
body of this Agreement, the terms set forth in the main body of this Agreement shall
govern, including, but not limited to, the provision of any Services.
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2. LICENSE OF PROPERTY.
2.1 License. In consideration of the performance of the Services by Contractor, the City
hereby grants to Contractor a non-exclusive license to use the Property for the
limited purpose of providing the Services under the terms and conditions provided
for in this Agreement so long as this Agreement remains in effect. Contractor agrees
and understands that nothing in this Agreement shall be deemed to be or provide
Contractor with any leasehold or other greater interest in real property and
improvements thereon relating to the Property. In connection with this Agreement,
Contractor, its officers, directors, employees, agents, customers, visitors, invitees,
licensees and contractors (collectively, "Contractor Parties"), subject to the
provisions hereof, shall have the rights of entry and access onto the Property
necessary to provide the Services as required by Contractor herein. Failure of the
City to provide such access and right of entry as required shall be communicated to
the City in writing stating with reasonable specificity the denial so as to allow the
City to correct such failure. Any such failure left unaddressed by the City for more
than seventy-two (72) hours shall be deemed a termination of this Agreement by the
City unless the City has corrected such failure, or has commenced corrective action
to cure such failure within the 72 -hour period.
2.2 Construction. Any construction work performed or caused to be performed by
Contractor at the Property shall be performed in accordance with any and all
applicable laws, rules and regulations (including the City's rules and regulations),
and in a manner which (i) meets or exceeds the then applicable standards of the
industry for such construction work, and (ii) is satisfactory to the City. Prior to
commencement of any construction, maintenance, reconstruction, installation,
restoration, alteration, repair, replacement or removal (other than normal
maintenance) on the Property, Contractor shall submit work plans to the City for
review and approval. Any such work must be carried out pursuant to work plans
approved in writing by the City.
2.3 Liens. Contractor will fully and promptly pay for all materials joined or affixed to
the Property, and fully and promptly pay all persons who perform labor upon the
Property. Contractor shall not suffer or permit to be filed or enforced against the
Property, or any part thereof, any mechanics', materialmen's, contractors', or
subcontractors' liens or stop notices arising from, or any claim for damage growing
out of, any testing, investigation, maintenance or work, or out of any other claim or
demand of any kind. Contractor shall pay or cause to be paid all such liens, claims
or demands, including sums due with respect to stop notices, together with
attorney's fees incurred by the City with respect thereto, within ten (10) business
days after notice thereof and shall indemnify, hold harmless and defend the City
from all obligations and claims made against the City for the above described work,
including attorney's fees. Contractor shall furnish evidence of payment upon request
of the City. Contractor may contest any lien, claim or demand by furnishing a
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statutory lien bond or equivalent with respect to stop notices to the City in
compliance with applicable California law. If Contractor does not discharge any
mechanic's liens or stop notice for work performed for Contractor, the City shall
have the right to discharge same (including by paying the claimant), and Contractor
shall reimburse the City for the cost of such discharge within ten (10) business days
after billing. The City reserves the right at any time to post and maintain on the
Property such notices as may be necessary to protest the City against liability for all
such liens and claims. The provisions of this section shall survive the termination of
this Agreement.
2.4 Utilities. The City shall furnish to the Property and City shall pay all service charges
and related taxes for electric, gas, water, sewer, fire alarm service, trash, and intemet
service and all other utilities provided for the Property unless specifically provided
otherwise by the terms of this Agreement or the Proposal.
2.5 Taxes. The City shall be liable for and agrees to pay promptly and prior to
delinquency, any tax or assessment, including, but not limited to, any possessory
interest tax, levied by any governmental authority against the real property
comprising the Property.
2.6 Maintenance. The City shall maintain the exterior grounds on or about the Property,
including all parking areas, fences, outside lighting, walkways, gates, and
landscaping in good condition including grass, trees, shrubbery and other flora. The
City shall perform regular and ordinary maintenance on the interior of any buildings
or structures located on the Property to keep such in good working condition and
appearance, including but not limited to, the following: (i) undertake all interior
repairs, maintenance and replacement of the electrical fixtures, flooring and flooring
surfaces, walls, drop down ceiling, windows, and appliances, including but not
limited to, painting of interior walls, light bulb replacement, repair and maintenance
of bathroom plumbing and fixtures, kitchen appliances, cabinets, and other fixtures;
and (ii) the repair and replacement of building systems such as electrical, HVAC,
and sewer, including any components thereof, that are installed on the Property
whether or not within the walls and ceiling space of the Property, or serve the
Property. Contractor shall not make any structural or exterior improvements or
alterations to the Property without the City's written consent. Any such alterations
shall remain on and be surrendered with the Property on expiration or termination of
this Agreement. Notwithstanding the foregoing obligations of the City and for sake
of clarification of the roles of the parties, pursuant to the Proposal attached hereto as
Exhibit A, Contractor shall and is obligated to perform the following: (i) dispose of
waste materials pursuant to California and federal law; (ii) provide janitorial and any
other necessary associated services to keep the interior and exterior grounds of the
Property in a clean, tidy, and hygienic condition, including, but not limited to, the
flooring, bedding, walkways, eating facilities, congregation areas, bathroom and
shower facilities, and pet care areas; and (iii) provide personnel for security services
for the Property as set forth in the Proposal.
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2.7 Hazardous/Toxic Materials Use and Indemnity. The City and Contractor shall
operate and maintain the Property in compliance with all applicable federal, state
and local environmental, health and/or safety-related laws, regulations, standards,
decisions of the courts, permits or permit conditions, currently existing or as
amended or adopted in the future which are or become applicable to Contractor or
the (the "Environmental Laws"). Contractor shall not cause or permit, or allow
any of Person (as defined in Section 6) to cause or permit, any Hazardous Materials
to be brought upon, stored, used, generated, treated or disposed of on or about the
brought upon, stored, used, generated, treated or disposed of on the Property or other
adjacent City property. As used herein, "Hazardous Materials" means any
chemical, substance, or material which is now or becomes in the future listed,
defined or regulated in any manner by any Environmental Laws based upon, directly
or indirectly, its properties or effects.
Contractor shall indemnify, defend (by counsel acceptable to the City) and hold
harmless the City, its officers, agents, and all other employees from and against all
loss, liability, claim, damage, cost or expense (including without limitation, any
fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting,
engineering, and construction fees and expenses) incurred by such parties as a result
of (a) Contractor `s breach of any prohibition or provisions of this Section or (b) any
release or contamination of Hazardous Materials upon or from the Property or any
adjacent property that occurs due to the use and occupancy of the Property and the
facilities thereon, or is made worse due to the act or failure to act of Contractor and.
Person under its control or supervision.
This indemnity provision shall survive termination of this Agreement; and is in
addition to any other rights or remedies which Indemnitees may have under the'law
or under this Agreement.
In the event of any release on or contamination of the Property and/or any adjacent
property, whether or not owned by the City, Contractor, at its sole expense, shall
promptly take all actions necessary to clean up all such affected property and to
return the affected property to the condition existing prior to such release or
contamination, to the satisfaction of the City and any governmental authorities
having jurisdiction thereover.
2.8 Condition of Premises. Unless Contractor provides written notice to the City within
three (3) days after the Commencement Date detailing with specificity any
deficiencies for the use and occupancy of the Property for the Services, it shall be
deemed that Contractor has inspected and accepts the Property in its present
condition as suitable for the use of the Property to provide the Services. So long as
the deficiencies detailed by the Contractor are necessary and customary for the
operations of an emergency homeless shelter, the City shall promptly and with
diligence commence to correct any deficiencies set forth in Contractor's notice to
the City.
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2.9 Breach of License or Agreement. Should Contractor breach, or fail to keep, observe
or perform any agreement, covenant, term or condition on its part herein contained
in this Agreement, then, in addition to any other available rights and remedies, the
City at its option may:
(a) perform any necessary or appropriate corrective work at Contractor's
expense, which Contractor agrees to immediately reimburse the City
upon demand, or
(b) with or without written notice or demand, immediately terminate this
Agreement and at any time thereafter, recover possession of the
Property, or any part thereof, and expel and remove therefrom or any
other person occupying the Property, including Contractor Parties, by
any lawful means, and again repossess and enjoy the Property, without
prejudice to any of the rights and remedies that the City may have under
this Agreement, at law or in equity by reason of Contractor's default, or
of such termination.
2.10 Surrender. Upon termination of this Agreement, unless otherwise requested in
writing by the City to leave all, or any portion of, the facilities in place, Contractor,
at its own cost and expense, shall immediately remove any improvements, personal
property and other facilities on the Property and restore the Property as nearly as
possible to the same state and condition, less reasonable wear, as existed on the
Commencement Date. Should Contractor fail to comply with the requirements of
the preceding sentence, the City may at its option (a) perform the same at
Contractor's expense, which costs Contractor agrees to immediately pay to the City
on written demand, or (b) assume title and ownership of any improvements and
facilities. No termination of this Agreement shall release Contractor from any
liability or obligation hereunder, whether of indemnity or otherwise, resulting from
any acts, omissions or events happening prior to the later date when the City obtains
possession of the Property or all the improvements and facilities are removed and
the Property restored.
2.11 Revocable License. Contractor agrees that notwithstanding any improvements
made by Contractor to the Property or other sums expended by Contractor in
furtherance of this Agreement, the license granted hereunder may be terminated
by the City in accordance with the terms of this Agreement.
3. COMPENSATION
3.1 Compensation of Contractor. Within thirty (30) days of the Effective Date, the City
agrees to pay Contractor start-up funding in the sum of $106,688 ("Start -Up
Funding") so Contractor may develop and implement programs, recruit and retain
staff, pay salaries and purchase equipment to implement a data base system for
operations. Exclusive of the Start -Up Funding, for the Services rendered during the
Term of this Agreement, the Contractor shall be compensated and reimbursed only
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such amounts as are prescribed in Exhibit "A", in an amount not to exceed $879,655
("Contractor Fee').
3.2 Method of Payment. In any month after the Effective Date in which Contractor
wishes to receive payment of a portion of the Contractor Fee, Contractor shall no
later than the first working day of such month, submit to the City in the form
approved by City's Director of Finance, an invoice for past services rendered. The
City shall pay Contractor for all expenses stated thereon which are approved by the
City consistent with this Agreement, no later than the last working day of said
month until the Contractor Fee has been paid in full to Contractor. However, in no
event shall the City be obligated to pay a monthly amount in excess of $73,305
("Monthly Limit") for rendering of the Services by Contractor unless otherwise
approved in writing by the City and any such excess invoices and expenses incurred
by Contractor exceeding the Monthly Limit for any given month are hereby waived
and disclaimed by Contractor. If the City approves payment of invoices in excess of
the Monthly Limit for any given month, the City may offset such excess amount
from any subsequent Monthly Limit during the Term.
3.3 Risk of Overruns on Contractor. From the Commencement Date through the
Termination Date, Contractor shall provide all services under this Agreement at a
cost to the City not to exceed the Contractor Fee. Thus, unless the City has agreed
in writing to an increase in the Contractor Fee as provided for in Sections 1.9 and
1.10 of this Agreement, Contractor shall bear the risk and burden of any excess costs
and fees to continue providing the Services under this Agreement until the
Termination Date.
3.4 Change In the event that any material change in the scope of Services is requested
by City and agreed to by Contractor, the parties shall execute an addendum to this
Agreement, setting forth with particularity all terms of such addendum, including,
but not limited to, any additional fees to be paid to Contractor. An addendum may
be entered into:
A. To provide for revisions or modifications to documents or other work
product or Services when documents or other work product or Services is
required by the enactment or revision of law subsequent to the preparation of
any documents, other work product or Services; or
B. To provide for additional Services not included in this Agreement, or not
customarily furnished in accordance with generally accepted practice in
Contractor's profession; or
C. To extend the term of this Agreement for an additional one (1) year with the
Contractor Fee adjusted as may be mutually agreed upon.
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4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement,
including establishing the TTES at the Property and thus, the parties shall cooperate
and take all reasonable and necessary steps to open the TTES as a fully operational
facility no later than February 23, 2019.
4.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall
be performed within any time periods prescribed in the Proposal, attached hereto as
Exhibit "A". The extension of any time period specified in the Exhibit "A" must be
approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of services to be rendered pursuant to this
Agreement may be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of Contractor, including, but
not restricted to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight
embargoes, and unusually severe weather if Contractor shall within ten (10) days of
the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the
time for performing the services for the period of the enforced delay when and if in
the Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
5. COORDINATION OF SERVICES
5.1 Representative of Contractor. The following "Principal" of the Contractor is
hereby designated as being the principal and representative of Contractor authorized
to act in its behalf with respect to the work specified herein and make all decisions
in connection therewith: Dr. James E Palmer III, President & CEO of Temporary
Shelter, Ina
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principal is a substantial inducement for the City to enter into this
Agreement. Therefore, the foregoing Principal shall be responsible during the term
of this Agreement for directing all activities of Contractor and devoting sufficient
time to personally supervise the Services hereunder. The foregoing Principal may
not be changed by Contractor without the express written approval of the City.
5.2 Contract Officer. The "Contract Officer" shall be Jerry Craig, Deputy Director of
Economic Development, unless otherwise designated in writing by the City
Manager. It shall be Contractor's responsibility to keep the Contract Officer fully
informed of the progress of the performance of the Services and Contractor shall
refer any decisions which must be made by the City to the Contract Officer. Unless
otherwise specified herein, any approval of the City required hereunder shall mean
the approval of the Contract Officer.
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5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its Principal and employees are a substantial
inducement for the City to enter into this Agreement. Therefore, except for any
subcontractors identified in Exhibit A for the provision of certain Services provided
under this Agreement, Contractor shall not contract with any other entity to perform
in whole or in part the Services required hereunder without the express written
approval of the City, which may be exercised in its sole discretion. In addition,
neither this Agreement, nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of the City,
which may be exercised in its sole discretion and any such transfer or assignment in
violation hereof shall automatically be void.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or
employees perform the Services required herein, except as otherwise set forth
herein. Contractor shall perform all Services required herein as an independent
contractor of the City and shall remain at all times as to the City a wholly
independent contractor with only such obligations as are consistent with that role.
Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of the City. Contractor shall be solely
responsible for compliance with State and Federal Law with respect to the wages,
hours, benefits, and working conditions of its employees, including requirement for
payroll deductions for taxes and prevailing wages. Employees or independent
contractors of Contractor are not City employees.
5.5 Service Delivery Monitoring. The City and its agents shall have the right without.
notice to access and monitor the Property and all activities, facilities, and Services
operated by Contractor under this Agreement. For purposes of this Section
"facilities" shall not only include all physical improvements and areas of the
Property, but include all files, records, and other documents excluding HIPAA
protected information related to the performance of this Agreement and "activities"
shall include attendance at advisory committee meetings, homeless task force
meetings and observation of on-going program functions and services. Contractor
shall permit on-site inspections of the Property by the City and ensure that the
Principal, Contractor's employees furnish such information, as in the judgment of
the City may be relevant to any question of compliance with the contractual
conditions, or effectiveness, legality and achievements of the Services.
6. INSURANCE / INDEMNIFICATION
6.1 Insurance.
6.1.1 Liability Insurance (Commercial General Liability, Automobile and Sexual
Misconduct). Commencing upon the Effective Date and until termination of
this Agreement, Contractor shall maintain or cause to be maintained
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1369076.1
commercial general liability insurance, to protect against loss from liability
imposed by law for damages on account of personal injury, including death
therefrom, suffered or alleged to be suffered by any Person or Persons
whomsoever on or about the Property and/or the improvements thereon or
related to the business of Contractor on the Property, or in connection with
the operation thereof, resulting directly or indirectly from any acts or
activities of Contractor, Contractor Parties, or anyone directly or indirectly
employed or contracted with or acting for Contractor, or under its respective
control or direction, and also to protect against loss from liability imposed
by law for damages to any property of any Person occurring on or about the
Property and/or the improvements thereon or related to the business of
Contractor on the Property, or in connection with the operation thereof,
caused directly or indirectly by or from acts or activities of Contractor or any
Person acting for Contractor, or under its control or direction. Such
insurance shall also provide for and protect the City against incurring any
legal cost in defending Claims for alleged loss. The amount of insurance
required hereunder shall include (a) comprehensive general liability and
personal injury with limits of at least Five Million Dollars ($5,000,000:00);
comprehensive automobile liability, including owned, non -owned and hired
autos, with limits of at least Two Million Dollars ($2,000,000.00) combined
single limit per occurrence; and Sexual Misconduct and Molestation
Liability insurance in an amount of not less than $5,000,000 per claim,
which may be written on a claims made basis.
The insurance shall be issued by a company permitted by the Insurance
Department of the State and rated A -/VII or better (if an admitted carrier) or
A -/X (if offered by a surplus line broker), by the latest edition of Best's Key
Rating Guide. Such insurance may be provided by an umbrella insurance
policy otherwise meeting the requirements of this Section
An Accord certificate evidencing the foregoing insurance and providing the
following endorsements signed by the authorized representative of the
underwriter and approved by the City shall be delivered within seven (7)
business days following the Effective Date. The endorsements shall provide
as follows: (a) designate "the City of Tustin and its respective elected and
appointed officials, agents, representatives, and employees" as additional
insureds on the commercial general liability policies; (b) the commercial
general liability insurance coverage shall be primary, and not contribute with
any insurance or self-insurance maintained by the City; and (c) a waiver of
subrogation for the benefit of the City. The insurance shall not be cancelled,
except after thirty (30) days written prior notice to the City. The procuring
of such insurance and the delivery of policies, certificates or endorsements
evidencing the same shall not be construed as a limitation of Contractor's
obligation to indemnify the City Indemnified Parties as set forth in this
Agreement.
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6.1.2 Workers' Compensation Insurance. Commencing upon the Effective Date
and until termination of this Agreement, Contractor shall obtain, and
thereafter maintain or cause to be maintained, workers' compensation
insurance issued by a responsible carrier authorized under the laws of the
State to insure employers against liability for compensation under the
workers' compensation laws now in force in California, or any laws
hereafter enacted as an amendment or supplement thereto or in lieu thereof.
Such workers' compensation insurance shall cover all Persons employed by
Contractor in connection with providing the Services under this Agreement
and shall cover liability within statutory limits for compensation under any
such act aforesaid, based upon death or bodily injury claims made by, for or
on behalf of any Person incurring or suffering injury or death in connection
with the providing the Services under this Agreement or the operation the
business thereof by Contractor. Notwithstanding the foregoing, Contractor
may, in compliance with the laws of the State and in lieu of maintaining
such insurance, self -insure for workers' compensation in which event
Contractor shall deliver to the City evidence that such self-insurance has
been approved by the appropriate State authorities.
Contractor shall also furnish (or cause to be furnished) to the City evidence
satisfactory to the City that any contractor with whom it has contracted for
performance of Services on the Property or otherwise carries workers'
compensation insurance required by law. The insurance policy, and each
renewal or replacement thereof, by endorsement approved by an authorized
representative of the underwriter, shall contain a waiver of subrogation
against the City, and its council members, officers, employees, attorneys and
agents.
The insurance shall be issued by a, company authorized by the Insurance
Department of the State of California and rated A, VII or better (if an
admitted carrier) or A-, X (if offered, by a surplus line broker), by the latest
edition of Best's Key Rating Guide, except that the City will accept workers'
compensation insurance rated B -VIII or better or from the State
Compensation Fund. The insurance shall not be cancelled, except after thirty
(30) days written prior notice to the City.
An Accord certificate evidencing the foregoing insurance and providing the
following endorsements signed by the authorized representative of the
underwriter and approved by the City shall be delivered within seven (7)
business days following the Effective Date.
6.1.3 Scope of Insurance. The insurance obligations under this Agreement shall
be: (1) all the insurance coverage and/or limits carried by or available to
Contractor; or (2) the minimum insurance coverage requirements and/or
limits shown in this Agreement; whichever is greater. Any insurance
proceeds in excess of or broader than the minimum required coverage and/or
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1369076.1
minimum required limits, which are applicable to a given loss, shall be
available to the City. No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the obligations of the
Contractor under this Agreement. The City reserves the right, throughout the
Term of this Agreement, to review and change the amount and type of
insurance coverage it requires in connection with this Agreement on the
Work to be performed on the Property; provided the City provides to
Contractor reasonable prior written notice of such change
6.1.4 Failure to Procure Insurance. If Contractor fails or refuses to procure or
maintain the insurance required by this Section 6, or fails or refuses to
furnish the City with the required proof that insurance has been procured and
is in full force and effect and paid for, the City shall have the right, at the
City's election, to terminate this Agreement upon written notice providing
Contractor three (3) days to cure. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive any
compensation under this Agreement and agrees to indemnify, defend and
hold harmless the City as provided for in Section 6.2 of this Agreement for
any Services performed prior to obtaining the insurance as provided for in
this Section 6.
6.1.5 Definitions. For purposes of this Section 6, the following defmitions apply:
"Person" shall mean an individual, partnership, limited partnership, trust,
estate, association, corporation, limited liability company, joint venture,
firm, joint stock company, unincorporated association, Governmental
Authority, governmental agency or other entity, domestic or foreign.
"Governmental Authority" shall mean any and all federal, State, county,
municipal and local governmental and quasi -governmental bodies and
authorities (including the United States of America, the State of California
and any political subdivision, public corporation, district, joint powers
authority or other political or public entity) or departments thereof having or
exercising jurisdiction over the parties, the Property, or such portions of the
foregoing as the context indicates.
"State" shall mean the State of California.
6.2 Indemnification.
Contractor agrees to and shall indemnify, defend, and hold harmless the City, its
officers, agents, employees, contractors, special counsel, and representatives from
liability: (1) for personal injury, damages, liability, just compensation, restitution,
judicial or equitable relief arising out of claims for personal injury, including death,
and claims for property damage (collectively, "Claims"), which may arise from the
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1369076.1
actions, operations, or willful misconduct of the Contractor, Contractor Parties, or
their, subcontractors, agents, employees, or other persons acting on its behalf which
relates to the services described in this Agreement; and (2) from any claim that
personal injury, damages, just compensation, liability, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this
Agreement. This indemnity and hold harmless agreement applies to all claims for
liability, damages, just compensation, restitution, judicial or equitable relief
suffered, or alleged to have been suffered, by reason of the events referred to in this
Section or by reason of the terms of, or effects, arising from this Agreement.
Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. The City may make
all reasonable decisions with respect to its representation in any legal proceeding.
Contractor's indemnification obligations in this section shall survive expiration of
this Agreement.
Contractor shall also defend, indemnify and hold the City harmless from any claims
or liability for City health and welfare, retirement benefits, or any other benefits of
part-time or fulltime City employment sought by Contractor's officers, employees,
or independent contractors, whether legal action, administrative proceeding or
pursuant to State statue.
The obligations set forth in this Section 6.2 shall be in effect (i) without regard to
whether or not the City, Contractor, or any other person maintains, or fails to
maintain insurance coverage, or a self-insurance program, for any Claims, and (ii)
shall survive the termination of this Agreement.
7. RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement
as the Contract Officer shall require, but at a minimum provide to the Contract
Officer a monthly written report of the Services in a format to be mutually approved
by the City and Contractor, but, at a minimum, the report shall include detailed
demographics of those guests being served, including, but not limited to, gender
identity, numbers of adults and children; ethnicity; race; veteran status; insurance
sources; disability status; addictions; education; reasons for and length of being
homeless; benefit sources; transfers to other shelters or care facility; programs
enrolled in and completed; and reasons for leaving shelter (the "Monthly Report").
7.2 Records. Contractor shall keep such books and records, including invoices, as shall
be necessary to properly perform the Services required by this Agreement and
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1369076.1
enable the Contract Officer to evaluate the performance of such Services. The
Contract Officer shall have full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit and make records and
transcripts from such records. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures, and disbursements charged to the City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. Contractor shall allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement for a period
of three (3) years from the date of final payment to Contractor under this
Agreement.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents
and other materials prepared by Contractor in the performance of this Agreement
shall be the property of Contractor. Contractor shall have an unrestricted right to use
the concepts embodied therein.
7.4 Release of Documents. All drawings, specifications, reports, records, documents
and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the
Contract Officer unless such materials are required to be provided or released
pursuant to any statute or regulations, i.e. the Homeless Management Information
System for Orange County.
7.5 Confidential Information. Should either party receive (the "Receiving Party") from
the other information which due to the nature of such information is reasonably
understood to be confidential and/or proprietary, the Receiving Party agrees that it
shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect
its own information of like importance, but in no event less than reasonable care.
"Confidential Information" shall include all nonpublic information except in the
case of the City, Confidential Information shall not include information and/or
documents in the City's sole discretion are subject to disclosure pursuant to the
Public Records Act of the State of California. Confidential Information includes not
only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential Information disclosed to either party
by any subsidiary and/or agent of the other party is covered by this Agreement. The
foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through
no fault of the Receiving Party disclosed in a publicly available source; (c) is in
rightful possession of the Receiving Party otherwise outside an obligation of
confidentiality; (d) is required to be disclosed by operation of law (i.e., the Public
Records Act); or (e) is independently developed by the Receiving Party without
reference to information disclosed by the other party.
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1369076.1
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising out
of or in relation to this Agreement shall be instituted in the Superior Court of the
County of Orange, State of California, or any other appropriate court in such county,
and Contractor covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party
shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so
long as the injuring parry cures any default within ten (10) days after service of the
notice, or if the cure of the default is commenced within ten (10) days after service
of said notice and is cured within a reasonable time after commencement; provided
that if the default is an immediate danger to the health, safety and general welfare,
the City may take immediate action under Section 8.6 of this Agreement, including
termination of this Agreement. Compliance with the provisions of this Section shall
be a condition precedent to any legal action, and such compliance shall not be a
waiver of any parry's right to take legal action in the event that the dispute is not
cured.
8.3 Waiver. No delay or omission in the exercise of any right or remedy of a non -
defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Contractor.
Any waiver by either parry of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
8.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other
Pte'•
8.5 Legal Action. In addition to any other rights or remedies, either parry may take legal
action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment or any other remedy consistent with
the purposes of this Agreement.
8.6 Termination Prior to Expiration of Term.
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1369076.1
8.6.1 By City. The City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days written notice to Contractor,
except that where termination is due to the fault of the Contractor and
constitutes an immediate danger to health, safety and general welfare, the
period of notice shall be such shorter time as may be appropriate in the sole
discretion of the City, which may include an immediate termination. Upon
receipt of a notice of termination from the City, Contractor shall
immediately cease all Services hereunder except such as maybe specifically
approved by the Contract Officer, or if necessary to maintain the health,
safety and general welfare of its guests. Contractor shall be entitled to
compensation for all Services rendered prior to receipt of the notice of
termination and for any Services authorized by the Contract Officer
thereafter.
8.6.2 By Contractor. The Parties acknowledge that the City has a critical need and
urgent legal obligation to establish a temporary emergency homeless shelter,
and any early termination of this Agreement by Contractor may subject the
City to potential legal and civil penalties, and thus in order to allow
sufficient time for the City to search for a new service provider for the
Services and enter into and approve another service agreement, the
Contractor may only terminate this Agreement upon at least ninety (90) days
advance written notice to the City, with or without cause
8.7 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, the City may take over the
work and prosecute the same to completion by contracting another party, and the
Contractor shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the Contractor Fee herein stipulated, provided
that the City shall use reasonable efforts to mitigate damages, and the City may
withhold any payments to the Contractor for the purpose of set-off or partial
payment of the amounts owed by the City.
8.8 Attorneys Fees. If a party to this Agreement commences an action against the other
party arising out of or in connection with this Agreement or its subject matter, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs of
suit from the non -prevailing party.
8.9 Audit Rights. Contractor shall provide fiscal records to the City for the purpose of
verifying that the Contractor's use of funding provided by the City complies with
this Agreement. Contractor shall keep records and invoices in connection with the
work to be performed under this Agreement. Contractor shall maintain complete
and accurate records with respect to the costs incurred in relation to the TTES and
any services, expenditures, and disbursements relating to the TTES for a minimum
period of three (3) years, or for any longer period required by law, from the date of
final payment to Contractor under this Agreement. All such records and invoices
shall be clearly identifiable. Contractor shall allow a representative of the City to
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1369076.1
examine, audit, and make transcripts or copies of such records, and any other
documents created pursuant to this Agreement, during regular business hours, upon
reasonable request by the City. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment of Contractor under this Agreement.
9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
9.1 Non -Liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor -in -interest, in the event
of any default or breach by the City or for any amount which may become due to the
Contractor or its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination or segregation in the performance of or in connection
with this Agreement regarding any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry. The TTES
shall be operated on a non -religious basis and in full compliance with all applicable
federal and state non-discrimination laws, including, but not limited to, California
Government Code section 11135, and Contractor agrees that is shall not expend
funds or operate the TTES in violation of the Establishment Clause of the United
States Constitution, and/or any similar provision of California law, including, but no
limited to, Article XVI, section 5, of the California Constitution. Contractor shall
take affirmative action to ensure that guests, applicants, and employees are treated
without regard to their race, color, creed, religion, sex, marital status, national
origin, or ancestry.
10. MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, or communication either
parry desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre -paid, first-class mail to the
address set forth below. Either parry may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To Ci :
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
Attention: Jeffrey C. Parker
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1369076.1
To Contractor:
Temporary Shelter, Inc.
Attn: Dr. James E Palmer III
1 Hope Drive
Tustin, CA 92782-0221
10.2 Integrated ed Agreement. This Agreement contains all of the agreements of the parties
and cannot be amended or modified except by written agreement. The parties agree
that no representations, inducements, promises or agreements, orally or otherwise,
have been made by any party or anyone purporting to be acting on behalf of any
parry, which are not embodied herein.
10.3 Amendment. This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions of this Agreement, shall not bind or obligate
Contractor or City.
10.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained, in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to carry out the intent of the parties hereunder.
10.5 No Third -Party Beneficiaries. Execution of this Agreement is not intended to
create or confirm any third -parry beneficiary rights in or create any liability on the
part of either the City or Contractor to any third parties.
10.6 Independent Contractor. The performance of the parties' obligations under this
Agreement shall be in the capacity of an independent contractor and not as an
officer, agent, or employee of the other party. In consideration for the
reimbursement paid to Contractor by the City, Contractor acknowledges and agrees
that the City shall not be liable or responsible for any benefits, including, but not
limited to, worker's compensation, disability, retirement, life, unemployment,
health, or any other benefits, and Contractor agrees that it shall not sue or file a
claim, petition, or application therefore against the City or any of its officers,
employees, agents, representatives or sureties.
10.7 Survival of Obligations. All obligations of Contractor hereunder not fully
performed as of the expiration or earlier termination of the Term of this Agreement
shall survive the expiration or earlier termination of this Agreement, including
without limitation, all obligations concerning the condition of the Property.
10.8 Further Acts. Contractor agrees to perform any further acts and to execute and
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1369076.1
deliver any documents which may be reasonably necessary to carry out the
provisions of this Agreement.
10.9 Corporate Authority. 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 so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
10.10 Counterparts. This Agreement may be signed in one or more counterparts, each of
which shall constitute an original and all of which together shall constitute one and
the same Agreement.
10.11 City Council Approval. This Agreement shall not become effective unless and until
duly approved by the City Council for the City. The date on which this Agreement
has been approved by the City Council and signed by the parties shall be the
"Effective Date."
«««««««<SIGNATURE PAGE FOLLOWS»»»»»»»>
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1369076.1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
Dated:
Dated:
APPROVED AS TO FORM:
David E. Kendig,
City Attorney
"Citi'
CITY OF TUSTIN, a municipal corporation
Jeffrey C. Parker
City Manager
TUSTIN HOUSING AUTHORITY, a California
Housing Authority
Jeffrey C. Parker
Executive Director
"Contractor"
TEMPORARY SHELTER INC.,
a California corporation
Dr. James E Palmer III
President & CEO
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1369076.1
EXHIBIT "A"
PROPOSAL
[SCOPE OF SERVICES; SAMPLE DAILY SCHEDULE; and PROPOSED BUDGET]
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1369076.1
EXHIBIT "A"
(Scope of Services, Sample Schedule, Operating Budget)
Mission of the Tustin Temporary Emergency Shelter
The Mission of the Tustin Temporary Emergency Shelter (TTES) is to divert homeless
men, women, and families from the streets of Tustin into safe and sanitary shelter.
TTES will use a reservation -based referral model that will be coordinated by the Tustin
Outreach Coordinator in partnership with Tustin Police Department and their third -party
stakeholders. This approach will allow for a preference focused occupancy strategy.
TTES will operate as a first step opportunity with a high priority on moving its guests
forward. This will be accomplished by providing pathways and interventions that lead to
ending their homelessness. These successful pathways and interventions include:
1. Transition to permanent housing:
a. Referral to section 8 certificate
b. Referral to VASH or Tustin Veterans Outpost
C. Referral to OC Housing Trust Communities
2. Transition to a higher level of care:
a. Referral to County Mental Health Program
b. Referral to Re -cooperative Care Program
C. Referral to Chemical Detox Program
d. Referral to Village of Hope / Orange County Rescue Mission
e. Referral to Transitional Housing Program
3. Transition back to family members:
a. Family re -unification
b. Transportation assistance to return home
Page 1 of 6
Security, Safety, Patrol, and Police Officers
TTES will have a minimum of one state licensed security guard at the front desk 24/7
controlling all who enter and exit the TTES. In addition, one state licensed security
guard 24/7 patrolling the inside and outside of TTES and the adjoining community.
The Tustin Police Department will be assigning and co -locating its fulltime Homeless
Liaison Police Officer to the TTES.
High Definition Video Surveillance Security Cameras
TTES will deploy high definition video surveillance security cameras that will be
monitored by a security guard and accessible to onsite Tustin Police Department
personnel.
Safety Searches
TTES will search all guests every time they enter the facility along with unannounced
searches of property within TTES. TTES will not permit guest to bring weapons, illegal
controlled substances, or un -approved medication onto the property. These searches will
include use of drug and weapons detection Kgs.
Access Control
TTES will monitor all entries and exits through doors and gates using audible alarms and
digital door access control from the front desk 24/7.
Safety Hotline
TTES will provide a hotline phone number that is monitored 24/7 for community
members to call with concerns or suggestions.
Staffing Approach
Professional staff will be onsite 24 hours a day, 7 days a week, 365 days a year. This will
include a state licensed security guard at the front desk controlling access to all staff,
volunteers, and guests, and a state licensed security guard patrolling the inside and
outside of TTES and the adjoining community. In addition, a shift system will be
deployed that provides a Care Coordinator on at all times along with a program director,
site supervisor, and a lead care coordinator who will facilitate housing navigation.
Page 2 of 6
Access & Occupancy of TTES
TTES will not allow access to the facility to those homeless who have an open felony
warrant(s) and/or have the status of a registered sex offender.
TTES will not allow walk-up admissions to the facility. TTES will use a reservation -
based referral model that will be coordinated by the Tustin Outreach Coordinator in
partnership with the Tustin Police Department and their third -party stakeholders. This
approach will allow for a preference focused occupancy strategy.
TTES shall accommodate fifty (50) guests while providing access to a range of programs
and supportive services. Guests will be admitted with minimal, "low -threshold"
requirements so that chronic and vulnerable homeless people in the City of Tustin can
easily enter and remain in shelter until they can find permanent housing or a higher level
of care. Those accessing the TTES will be limited to homeless single men, single women,
couples, and families with children living on the streets from the City of Tustin.
Guest Operations
There is no set minimum or maximum length of stay. Each guest will work with a Care
Coordinator supporting their progress toward life stabilization. TTES is designed only to
provide short-term support until a housing option or a bed for a different level of care
becomes available.
Guest Meals
Breakfast, lunch (for those participating in day programs), and dinner will be provided
for all guests in a central dining area. The community will be encouraged to participate in
food acquisition and volunteering to assist at meal times.
Guest Hygiene Facilities
Guest hygiene facilities will be provided on-site including toilets and showers. Guests
will be encouraged to utilize these facilities as daily resources to them. Toiletries will be
provided to guests as needed. Laundry services will be handled on-site.
Guest Transportation
No walk-ups will receive shelter access. New guests and returning guests will receive
direct transportation to and from the shelter daily using OCTA and/or shuttle services
provided by the City of Tustin, or their own vehicle.
Page 3 of 6
Guest Storage
Guests will have access to personal storage space. Each guest bed will have two storage
drawers for personal items. Additionally, they will have access to an external locker. No
weapons, illegal substances, or dangerous items can be stored at TTES. Sharp tools like a
box cutter or knife used for employment can be stored with the security guard at the front
desk.
Guest Daytime Program Activities
As a 24-hour shelter program, TTES will encourage all guests to stay on-site during the
day and to take advantage of the on-site services provided to them during the daytime.
TTES will recruit and manage a group of partner agencies specialized in providing an
array of supportive services beneficial to the guests. TTES guests seeking to leave the
shelter during the day will follow procedures developed by the TTES and the City.
Guest Exit Procedures
When a guest is asked to exit due to violation of shelter expectations, violence, or
criminal activity, security will escort the person off the property and those exited will be
provided transportation to a self-directed location out of the surrounding area.
Guest Grievance Procedure
A guest can file a grievance to dispute an action or inaction to address any guest, staff, or
volunteer conflict within 48 hours. All grievances need to be documented on a
"Grievance Form" and turned into the front desk. Grievances should include the names of
all parties involved, a detailed account of the nature of the problem and requested action
to be taken. Staff will make every effort to conduct an investigation and make a decision
within 10 days.
Page 4 of 6
Sample Daily Schedule
6:30 AM: Wake-up and shower schedule begins
7:30 AM: Breakfast Time
8:00 AM: Clean -Up
9:00 AM: Services begin, community room and computer room open,
housing and employment navigation, 12 -step group
11:00 AM: Orientation, tours, referrals to higher levels of care
12:00 PM: Lunch Time
1:00 PM: Housing and employment navigation appointments,
arts and craft therapy as available
3:00 PM: New guest registration, orientation, showers and clothing provision
5:00 PM: Current guests required to check-in for the night.
6:00 PM: Dinner Time
7:00 PM: Evening activities including smoking cessation classes,
art classes and game or movie
8:30 PM: Laundry bags must be turned in
9:00 PM: Lights out
Page 5 of 6
Proposed Budget
Page 6 of 6
City of
Temporary
Tustin
Shelter fic.
Total
Administrative SalariestProfessional Services
Shared Services (Management, Administration, Accounting, HR)
$ 120,000
$
120,000
Liability Insurance
$
5,000
$
5,000
Financial Audit
$
4,000
$
4,000
Information Technology User Support
$
3,060
$
3,060
Office supplies, postage, printing, phones
$
4,000
$
4,000
_ -- - --
- Su Total: b
$
16,060
$ 120,000
$
136060 a
Shelter Supervision & Safety
Pro ram, Outreach, and Security Management Staffing
y
_
..
$ 100,000
$
__.....
100 000'
_ __ ...
, Shelter Supervisor &Lead Coordinator
$
133,082
Care Coordinalors (3.9 FTE's)$
200,712
$
20Q71.2 1
Contracted Shelter Security (2 Personnel on 24/7/365)
$
389,664
11
Sub Total:
$
723,457
$ 100,000
$
823,457 -,
Operations and Program Exp Ianses
Janitorial Service ___ ...__.
$
82,500
$
82,500
_---
Meals, Snacks and Beverages (at $1.48 per meal)
$ 81,030
$
81,030
Paper and Plastic Goods for meals
$
18,615
$
18,615
Pet Supplies and Egwpment_ _ .. _.
$
7,000$
7 000
> 0
Laundry, Toiletry, Trash bags, Nonja94orial supplies
$
16,050
$ 3,200
$
19 250
Linens, bedsheets, pillow cases, mattress covers
$
7,760
$
7,760
OCTA Passes (5 a day x 365)
$
8,213
$
8,213
OCRM Services (Medical, Dental, Behavior Health, Legal, etc.)
$ 181,183
$
181,183
Sub Total:
$
140,138
$ 265,413
$
405,550
Annual Budget Total:
$
879,655
$ 485,413
$1,365,067
One-time Start -Up Costs
Program Development & Implementation
$
24,000
$
24,000
Staff Recruitment (9 staff)
_
$
10,800
_ _
$
10,800 -
Staff Training & Onboardmg (9 staff),
$
6,100
$
6,100 `.
__.
Staff Salaries (30 days) ,
$
60,288
$ 8,333
$
68,621
MT Data Base Implementation and Training
$
5,500
$
5,500 s
One
-Time Start -Up Costs:
$
106,688
$ 8,333
$
115,021
Page 6 of 6
EXHIBIT "B"
PROPERTY SITE PLAN
23
1369076.1