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HomeMy WebLinkAboutContracts & Agreements_137-2022AGREEMENT FOR TRANSITIONAL HOUSING SUPPORT SERVICES This agreement for the provision of transitional housing support services ("Agreement") is made and entered into this the 5th day of July, 2022 ("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 herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, Contractor provides transitional housing support services to assist persons struggling with substance use disorders and mental illness to stay connected to the recovery community, thus improving their outcomes; and WHEREAS, such transitional housing support services have been found to be critical to reducing recidivism, incarceration, and hospitalizations, and in successfully transitioning 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 Community Services, agree as follows: AGREEMENT Section 1. Term. The operative term of this Agreement shall be for period of time commencing on July 1, 2022, and ending on June 30, 2026, unless terminated earlier as provided herein. Section 2. Non -Discrimination. Contractor shall not discriminate on the basis of race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, physical or mental ability, veteran status, military obligations and or marital status, with respect to Contractor's performance of its obligations under this Agreement. Section 3. Contractor's Services. Contractor 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. Contractor shall screen all clients before the client may enter Contractor's program to ensure the client fits and help maintain the safety to all other residents. Contractor reserves the right to reasonably deny any client participation in Contractor's program, subject to Section 2, above. B. Housing may be terminated at any time by Contractor if the client is (Contractor will prorate the monthly program fees): 1. not completely abstaining from drugs or alcohol; 1 L:\ca\djm\Agreements\STEPS 4 Life MOU 4.15.20.docx.jn 2. does not agree to random drug testing; 3. threatens violence; 4. fails to comply with any applicable federal, state or city law; or 5. fails to comply with any contract agreement that the client agrees and signs C. Contractor shall maintain and retain all appropriate service and financial records for a period of at least three (3) years from the expiration or earlier termination of this Agreement. D. Contractor shall comply with all applicable State and Federal regulations pertaining to privacy and security of client information. E. City's Police Department's Community Assistance Program ("CAP") aims 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 increase the likelihood that the program will be successful. The people that are referred to Contractor by the Redlands Police Department have various backgrounds. Contractor 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 individual that was referred to Steps 4 Life Community Services by an agent of City. F. CAP will at the very minimum pay the contractor for three beds (two male, one female) on a monthly basis. In turn, the contractor agrees to provide housing for 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 for their next open bed to the Redlands Police Department. Under this model, the Redlands Police Department would consistently be paying for three beds on a monthly basis that may not be filled. This will enable the Redlands Police Department to be able to refer people to the contractor on a continuous basis. Section 4. Compensation and Payment. The total compensation for Contractor's performance of the Services shall not exceed the amount of thirty thousand dollars ($30,000) during each City fiscal year (July 1 through June 30) of the term of this Agreement. Contractor 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, for whom, and the dates the Services were performed. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. Section 5. Business License. Contractor 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 Contractor. City shall have no liability for any claims or damages resulting to Contractor as a result of any exercise by City of its right to terminate this Agreement. City's termination notice may be issued by City's City Manager or his authorized designee. 2 L:\ca\djm\Agreements\STEPS 4 Life MOU 4.15.20.docx.jn Section 7. Notices. Any notice or other communication required, or 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 in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this Section 7: City: Jeanne Donaldson, City Clerk City of Redlands 35 Cajon Street, Suite 4 Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 Contractor: Cynthia McGuigan Steps 4 Life Community Services 720 Brookside Ave, Suite 102 Redlands CA, 92373 info@Steps4LifeCommunityServices.org (909) 335-1488 Section 8. Indemnity. Contractor 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 or death of any person or damage to any property, including attorneys' fees and other legal expenses, arising directly or indirectly from any negligent act or omission of, or willful misconduct by, Contractor or its officers, employees, and agents in performing the Services. Section 9. Entire Agreement/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. Assignment. This Agreement shall not be assigned without the prior written consent of City. Any assignment, or attempted assignment, without such prior consent, shall be null and void and, at the option of City, result in the immediate termination of this Agreement. Section 11. Insurance. Contractor 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 prior to commencing the Services. Acceptance of the certificates by City shall not relieve Contractor of any of the insurance requirements contained herein, nor decrease the liability of Contractor. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or 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:\ca\djm\Agreements\STEPS 4 Life MOU 4.15.20.docx.jn B. Comprehensive and general liability insurance with a carrier acceptable to City in an amount not less than One Million Dollars ($1,000,000) per 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-insurance 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 or other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. CITY OF REDLANDS By' Paul Barich, Mayor ATTEST: Donaldson, City Clerk 4 STEPS 4 LIFE COMMUNITY SERVICES By: '�'�, C thia McGuigan, xec�Director L:\ca\djm\Agreements\STEPS 4 Life MOU 4.15.20.docx.jn 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) (b) CHECK ONE By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. 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. 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 I 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: Cyn' 71/1 is McGuigan, Execut g Director 5 Date: 8/1/2022 L:\ca\djm\Agreements\STEPS 4 Life MOU 4.15.20.docx.jn