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HomeMy WebLinkAboutContracts & Agreements_60-2020AGREEMENT FOR TRANSITIONAL HOUSING SUPPORT SERVICES This agreement foi the provision of transitional housing support services ("Agreement") is made and entered into this the 15th day of April, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Steps 4 Life Community Services, a nonprofit organization ( Contractor") City and Contractor are sometimes individually referred to herem as a "Party" and, together, as the "Parties " RECITALS WHEREAS, Contractoi provides transitional housing support services to assist persons struggling with substance use disorders and mental illness to stay connected to the recovery connnuiuty, thus improving then outcomes, and WHEREAS, such transitional housing support services have been found to be critical to reducing recidivism, mcarceration, and hospitalizations, and in successfully transitiomng persons in recovery to become productive members of society, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Steps 4 Life Cornrnumty Services, agree as follows AGREEMENT Section 1 Term The operative tern of this Agreement shall be foi period of time commencing on July 1, 2020, and ending on June 30, 2023, unless ternmated eailiei as provided herein Section 2 Non-Discrnnination. Contractoi shall not discriminate on the basis of race, creed, color, ethmcity, national origm, religion, sex, sexual orientation, gender expression, age, height, weight, physical oi mental ability, veteran status, military obligations and oi marital status, with respect to Contractor's peiforrnanee of its obligations under this Agreement Section 3. Contractor's Services. Contiactoi shall provide a bed and housing, life skills, budgeting, and goals to each individual client of Contractor to help such client's transition into the community to be a success, as more particularly described in this Section 3 (the "Services") A Contractoi shall screen all clients before the client may enter Conti actor's program to ensure the client fits and help maintain the safety to all other residents Contractoi reserves the right to reasonably deny any client participation in Contractor's program, subject to Section 2, above B Housing may be temmmated at any time by Contractoi if the client is (Contractoi will prorate the monthly program fees) 1 not completely abstaining from drugs oi alcohol, L lcalcbin\Agreenents\STEP S 4 Life MOU 4 15 20.doex.jn 4,7 2 does not agree to random drug testing, 3 threatens violence, 4 fails to comply with any applicable federal, state or city law, 01 5 fails to comply with any contract agreement that the client agi ees and signs C Contractoi shall maintain and retain all appropriate service and financial iecoids foi a period of at least three (3) years from the expiration o1 eailiei termination of this Agreement D Contractor shall comply with all applicable State and Federal regulations pertaining to pnvacy and security of client information E City's Police Department's Community Assistance Program ( CAP ') arms to address the problems associated with homelessness by providing clients with the resources needed to overcome homelessness The CAP is structured with the recognition that individuals need to first obtain housing in order to mei case the likelihood that the program will be successful The people that are referred to Contractoi by the Redlands Police Department have various backgrounds Contractoi hereby relieves, releases, and absolves City, and its elected and appointed officials, officers, employees, and agents of and against any and all liability which may arise, should any injury or damage be caused by any mdividual that was referred to Steps 4 Life Conunuiuty Services by an agent of City F CAP will at the very minimum pay the contractor foi three beds (two male, one female) on a monthly basis In turn, the contractoi agrees to provide housing foi any individual referred to the contractor by the police department so long as that individual is not a sex registrant per PC 290 If one of these beds is filled, the contractor will give first right of refusal foi then next open bed to the Redlands Police Department Under this model, the Redlands Police Department would consistently be paying foi three beds on a monthly basis that may not be filled This will enable the Redlands Police Department to be able to refei people to the contractoi on a continuous basis Section 4 Compensation and Payment The total compensation foi Contractor's performance of the Services shall not exceed the amount of twenty thousand dollars ($20,000) during each City fiscal year (July 1 through June 30) of the terns of this Agreement Contractoi shall submit monthly, invoices to City describing the Services performed during the billing period Contractor's invoices shall include a brief description of the Services performed, foi whom, and the dates the Services were performed City shall pay Contractoi no later than thirty (30) days after receipt and approval by City of Contractor's invoice Section 5 Business License Contractoi shall obtain a City of Redlands business license as a pre -condition of performing the Services Section 6. Termination City shall have the right to terminate this Agreement, with or without cause, upon ten (10) days prior written notice to Contractoi City shall have no liability foi any claims or damages resulting to Contractoi as a result of any exercise by City of its right to ternunate this Agreement City's termination notice may be issued by City's City Manager of his authorized designee L lea \dpn\Agreeinents\STEPS 4 Life MOU 4 b 20.docx.in Section 7 Notices Any notice 01 othei communication required, 01 which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery m person, (11) five (5) days aftei deposit in first class iegisteied mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, 01 (iv) on the date sent by facsunrle, if confirmed with a copy sent contemporaneously by first class, certified, registered or express marl, in each case properly posted and fully prepaid to the appropriate address set forth below, 01 such othei address as a Party may provide notice in accordance with this Section 7 Citv Jeanne Donaldson, City Cleik City of Redlands 35 Cajon Street, Suite 4 Redlands, CA 92373 )donaldson@cityofredlands org (909) 798-7531 Contractoi Cynthia McGuigan Steps 4 Life Community Services 550 Orange Street Redlands, CA, 92374 info c@Steps4LifeCoinmunityServices org (909) 335-1488 Section 8 Indemnity Contiactoi shall defend, indemnify and hold City, and its elected officials, officers, employees and agents, harmless from and against any and all actions, damages, losses, causes of action, and liability imposed or claimed relating to the injury 01 death of any person 01 damage to any property, including attorneys' fees and othei legal expenses, arising directly 01 indirectly from any negligent act 01 omission of, or willful misconduct by, Contractoi or its officers, employees, and agents in performing the Services Section 9 Entire Aareement/Amendment This Agreement represents the entire Agreement of the Parties as to the matters contained herein Any amendment of this Agreement shall be effective only if it is in writing and signed by the Parties Section 10 Assianrnent This Agreement shall not be assigned without the prioi written consent of City Any assigmnent, or attempted assignment, without such prior consent, shall be null and void and, at the option of City, iesult in the immediate termination of this Agieement Section 11. Insurance. Contractoi shall obtain and maintain during the term of this Agreement all insurance required by this Section and shall submit to City certificates of insurance and appropriate endorsements evidencing that the insurance is in force and effect Evidence of such insurance shall be provided to City prioi to commencing the Services Acceptance of the certificates by City shall not relieve Contractoi of any of the insurance requirements contained herein, noi decrease the liability of Contractoi A Workers' Compensation and Employee's Liability insurance in the amount that meets statutory requirements with an insurance can-iei acceptable to City, of certification to City that Consultant is self-insured 01 exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "A," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services 3 L Ica\dpn\Agreements\STEPS 4 Life MOU 4 15 20.docx.in B Comprehensive and general liability insurance with a carrier acceptable to City in an amount not less than One Million Dollars ($1,000,000) pei occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury Such insurance shall not be cancelled unless thirty (30) days prior written notice is provided to City C Except for workers' compensation and employer's liability insurance, City shall be named as an additional insured on all policies and such insurance shall be primary and non-contributing to any insurance or self-msurance maintained by City Section 12. Attorneys' Fees. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs 01 other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CITY OF REDLANDS Paul W Fostei, Mayor ATTEST e Donaldson, City Clerk 4 L Icaldim\Agreements\STEPS 4 Life MOU 4 15 20.docx jn STEPS 4 LIFE COMMUNITY SERVICES By; �6uE azo ynthia McGuigan, E ;�!tive Director EXHIBIT "A" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' 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 and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately 1 shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct STEPS 4 LIFE COMMUNITY SERVICES By i thia McGuigan, Executi.' Director 5 L.IcaldjmlAgreements\STEPS 4 Life MOU 4 7 20.docx in Date V' ,2 -dam