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HomeMy WebLinkAbout07 SECOND AMENDMENT TO CONTRACTOR SERVICES AGREEMENT TEMPORARY SHELTERDocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 -J, AGENDA REPORT MEETING DATE TO FROM MARCH 16, 2021 Agenda Item 7 Reviewed: os City Manager Finance Director MATTHEW S. WEST, CITY MANAGER & HOUSING AUTHORITY EXECUTIVE DIRECTOR TUSTIN HOUSING AUTHORITY SUBJECT: SECOND AMENDMENT TO CONTRACTOR SERVICES AGREEMENT — TEMPORARY SHELTER, INC (AKA, ORANGE COUNTY RESCUE MISSION) SUMMARY The Tustin Housing Authority ("Authority") is seeking authorization to enter into a Second Amendment to the Contractor Services Agreement ("CSA") with Temporary Shelter, Inc., an affiliate of the Orange County Rescue Mission, to operate the Tustin Temporary Emergency Shelter through June 30, 2021. RECOMMENDATION It is recommended that the City Council, as the governing body of the City of Tustin, and acting in their role as the Tustin Housing Authority Commissioner authorize the City Manager, in his official capacity, and acting in his role as Executive Director of the Tustin Housing Authority to execute a Second Amendment to the Contractor Services Agreement with Temporary Shelter, Inc. to operate the Tustin Temporary Emergency Shelter. FISCAL IMPACT On January 15, 2019, the City Council authorized an appropriation of $986,343 in General Fund Reserves to the Tustin Housing Authority for the purposes of funding the Tustin Temporary Emergency Shelter operations. In addition to General Fund Reserves, Low and Moderate Income Housing Asset Fund (LMIHAF) and Permanent Local Housing Allocation (PLHA) funds have been utilized for shelter operations. As a result, the balance of General Fund Reserves available from the initial appropriation is sufficient to fund the additional $320,275 needed to operate the Shelter through the end of the fiscal year, June 30, 2021. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Agenda Report — Temporary Shelter, Inc. March 16, 2021 Page 2 CORRELATION TO THE STRATEGIC PLAN Strategic Plan Goal B is to ensure Tustin is an attractive, safe and well-maintained community in which people feel pride. Authorizing the Second Amendment to the CSA with Temporary Shelter, Inc. enables the City to meet the terms of its legal obligation to provide shelter in order to enforce its camping and related ordinances, ensuring the City remains attractive, safe and well maintained. BACKGROUND In compliance with an October 26, 2018 Federal District Court Settlement Agreement ("Settlement Agreement"), the City Council authorized on January 15, 2019, the City Manager to execute a Contractor Services Agreement with Temporary Shelter, Inc. ("TSI") to operate the Tustin Temporary Emergency Shelter, a fifty-seven (57) bed emergency shelter, through March 18, 2020. The Settlement Agreement required the City open a temporary emergency homeless shelter within 120 days from the date of the Settlement Agreement and the City selected the former Army Reserve site at 2345 Barranca Parkway as the temporary location for the shelter. The January 15, 2019, City Council authorization gave the City Manager authority after one year of operation to amend the CSA with TSI to extend operations for one additional year, which was executed and will expire on March 18, 2021. Although the City has fulfilled the terms of the Settlement Agreement by operating an emergency shelter for two (2) years, staff is recommending to extend the shelter operations through June 30, 2021 for the following reasons: 1. In light of the public health emergency, continuing to house the homeless gives the shelter an opportunity to insure guests are vaccinated prior to exiting from the shelter as well as being in a controlled environment reduces their risk to being exposed to COVID. The County of Orange has been in contact with shelter staff about vaccinating shelter guests but a date has not been scheduled for the vaccinations. 2. There are limited referral options at this time for guests at the shelter. The County of Orange just recently opened the Yale Street Shelter, a 425 -bed homeless shelter, in Santa Ana for the Central Service Planning Area ("SPA"). They are currently moving homeless from the Courtyard shelter in downtown Santa Ana to the Yale Street Shelter and they will soon be able to receive referrals from the nine (9) cities in the Central SPA. Initially, the Police Department's Homeless Liaison Officer and the City Net street outreach team's focus should be on referring non -Tustin homeless to the shelter. This will give DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Agenda Report — Temporary Shelter, Inc. March 16, 2021 Page 3 staff an opportunity to better assess bed availability at the Yale Shelter for both Tustin and non -Tustin homeless. The additional 3 '/2 months will give the City an opportunity to continue sheltering our homeless during a pandemic while determining the legal and operational factors involved in providing future service options. If the City were to continue funding shelter services beyond June 30, 2021, the City will be required, as a condition to receiving PLHA funds, to conduct a competitive Request for Proposals process in selecting a shelter operator. Prior to June 30, 2021, the City will develop recommendations for continuing to meet City obligations to provide homeless services, which may include continued operational funding or a potential transition plan for current shelter guests. City staff will gain a better understanding as to bed availability for Tustin homeless at the Yale Street Shelter and the potential legal implications of enforcing camping and related ordinances in the City. TSI has submitted a total proposed budget of $320,275 for the Second Amendment period of March 19, 2021, through June 30, 2021. Staff is recommending the Housing Authority Commission and City Council authorize the Second Amendment to the CSA with Temporary Shelter, Inc. through June 30, 2021. IC DocuSigned by: (ti Sfap(U_r 6sfv o79F�ag95004494 Christopher Koster Director of Economic Development Tustin Housing Authority DocuSigned by: O�ESfl9�s59# ... Jerry Craig Deputy Director of Economic Development Tustin Housing Authority Attachment: Second Amendment to the Contractor Services Agreement with Temporary Shelter, Inc. DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 SECOND AMENDMENT TO CONTRACTOR SERVICES AGREEMENT FOR CITY OF TUSTIN EMERGENCY SHELTER THIS SECOND AMENDMENT TO CONTRACTOR SERVICES AGREEMENT ("Second Amendment") is made and entered into to be effective March 16, 2021, 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 ("Contactor"). City and Contractor are sometimes referred to herein collectively as the "Parties". RECITALS WHEREAS, the Parties entered into that certain Contractor Services Agreement for City of Tustin Emergency Shelter on January 15, 2019, and as amended by that certain First Amendment to the Contractor Services Agreement on March 18, 2020 (collectively, the "Agreement") which is incorporated herein by reference, for the operation of the Tustin Temporary Emergency Shelter by Contractor; and WHEREAS, the Agreement will expire on March 18, 2021 unless extended by the Parties; and WHEREAS, the Parties desire to extend the term of the Agreement through June 30, 2021, subject to the terms and conditions of this Second Amendment. NOW, THEREFORE, City and Contractor agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Capitalized Terms. All capitalized terms used herein and not otherwise defined in this Second Amendment will have the meanings set forth in the Agreement. 3. Extension. The Term of the Agreement is hereby extended through the end of Fiscal Year 2020/2021. As amended, the Termination Date shall be June 30, 2021. 4. Compensation. Effective March 19, 2021, Contractor shall be compensated and reimbursed only such amounts as are prescribed in Attachment "1", appended to this Second Amendment, in an amount not to exceed $320,275 ("Contractor Fee"). 5. Same Terms and Conditions. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. 6. Corporate Authority. The persons executing this Second Amendment on behalf of the Parties warrant that they are duly authorized to execute this Second Amendment on behalf DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 of said Parties, and that by so executing this Second Amendment the Parties are formally bound to the provisions of this Second Amendment. IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the dates stated below. Dated: Dated: APPROVED AS TO FORM: David E. Kendig, City Attorney "City" CITY OF TUSTIN, a municipal corporation Matthew S. West, City Manager TUSTIN HOUSING AUTHORITY, a California Housing Authority Matthew S. West, Executive Director "Contractor" TEMPORARY SHELTER INC., a California nonprofit public benefit corporation 2 Dr. James E Palmer III President & CEO DocuSign Envelope ID: B5F28CBC-77EA-4CB1-94AE-2163COCCB898 Attachment "1" to Second Amendment Budget for Temporary Shelter, Inc. - TTES DocuSign Envelope ID:B5F28CBC-77EA-4CB1-94AE-2163COCCB898 BUDGET for Temporary Shelter, Inc. - TTES For the period March 19, 2021 to June 30, 2021 Administrative Salaries/Professional Services Office supplies, postage, printing, phones Subtotal Shelter Supervision & Safety * Salaries - Shelter Supervisor (+34% Benefits) * Salaries - Care Coordinators (+29% Benefits) (12 Staff) Contracted Shelter Security (Personnel 24/7/365) (10 Staff) Subtotal Operations and Program Expenses Janitorial Service (incl. laundry) Paper and Plastic Goods for meals Laundry, Toiletry, Trash Bags, Non -janitorial Supplies Lyft and ride costs Subtotal For March 19, 2021 to June 30, 2021 500 500 34,275 127,000 106,000 267,275 27,000 3,000 7,500 15,000 52,500 Budget Total $ 320,275 * Salaries for Shelter Supervisor and Care Coordinators include retention bonuses.