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HomeMy WebLinkAboutContracts & Agreements_117-2025SUBRECIPIENT AGREEMENT FOR ENCAMPMENT RESOULTION FUNDING PROGRAM ROUND 3 FOR HOMELESS RESOURCES AND SERVICES This agreement for the provision of Encampment Resolution Funding Program Round 3 - Homeless Resources and Services ("Agreement") is made and entered in this 10th day of June, 2025 "Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Redlands Chamber of Commerce, a 501 (c) (6) organization ("Subrecipient"). City and Subrecipient are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Subrecipient agree as follows: ARTICLE 1— ENGAGEMENT OF SUBRECIPIENT 1.1 This Agreement is being funded by the State of California Encampment Resolution Funding Program Round 3 funding ("ERF-3-R Grant") and administered by the California Department of Housing and Community Development ("HCD"). City is a grantee of the ERF-3-R Grant. 1.2 City hereby engages Subrecipient to provide homeless resources and services for City (the "Services"). 1.3 The Services shall be performed by Subrecipient in a professional manner, and Subrecipient represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of .competency presently maintained by other practicing professional Subrecipients in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF SUBRECIPIENT 2.1 The Services that Subrecipient shall provide are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Subrecipient shall, comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. This Agreement is subject to any additional restrictions, limitations, conditions or statutes, regulations or any other laws whether federal, State of California or any agency, department or any political subdivision of the federal or State of California which may affect the provisions, terms or funding of the ERF-3-R Grant and this Agreement in any manner. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Subrecipient information in its possession that may reasonably assist Subrecipient in providing the Services. 3.2 City designates David Rabindranath, Homeless Solutions Coordinator, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to the performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Subrecipient shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services" ("Services") which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period of no more than twenty-four (24) months commencing as of the Effective Date, until all available ERF-3-R Grant funds have been expended, or unless terminated earlier as provided herein. 4.3 Subrecipient shall provide all information required by City to conform to the reporting and auditing requirements of the ERF-3-R Grant for which Services are associated as required by this Agreement 4.4 If Subrecipient's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Subrecipient to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO SUBRECIPIENT 5.1 The total compensation for Subrecipients' Services shall be in the amount of one hundred fifty thousand dollars ($150,000.00). City shall pay Subrecipient 70% of the agreement amount upon execution of this Agreement so that Services can be expedited to the homeless population. All conditions listed in 5.2 must be satisfied prior to the release of the final agreement payment. 5.2 Subrecipient shall submit monthly reconciliation reports and required documentation in accordance with Exhibit "C" ERF-3-R Grant Auditing and Reporting to the City describing the Services provided during the preceding month in accordance with Exhibit `B" titled "Rate Sheet," which is attached hereto and incorporated herein by this reference. Subrecipient's monthly reconciliation reports shall include a brief description of the Services performed, client identification, the dates the Services were performed, the value of resources expended, and any other pertinent information related to the Services including documentation to support the monthly reconciliation of expenditures such as a monthly summary of expenditures, earnings statements and other financial documentation to support the reconciliation report. Monthly reconciliation reports must be submitted by the 10' of the following month to ensure timely reporting. Additional ERF-3-R Grant auditing and reporting documents requirements are described in Exhibit "C" titled "ERF- 3-R Grant Reporting" which is attached hereto and incorporated herein by this reference. Any additional required information or reporting will be requested in writing by the City as needed and shall be provided by the Subrecipient in a timely manner. For final payment request, Subrecipient shall submit an invoice and any other required documentation that may be requested by the City. 5.3 Upon termination of Agreement, any unexpended funds shall be returned to the City within 15 days. If at any time during the term of the Agreement, Subrecipient determines or anticipates unexpended funds will be present at termination, Subrecipient is to contact the City in writing and coordinate possible reallocation of funds to ensure service goals of the ERF-3-R Grant are met. Should the Subrecipient determine they anticipate not fully expending the funds, they shall contact the City's Homeless Solutions Representative, David Rabindranath, in writing 90 days prior to the end date of the Agreement. CONTACT David Rabindranath City of Redlands Facilities and Community Services 35 Cajon Street, Suite 222 Redlands, CA 92373 (909)761-5196 dabindranath@cityofredlands.org 5.4 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 or electronic mail transmission (including PDF), 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: CITY City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 SUBRECIPIENT Evan Sanford, Executive Director Redlands Chamber of Commerce 47 N. First St. Redlands, CA 92373 evan@redlandschamber.org (909)793-2546 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Subrecipient for the duration of its performance of the Services. Subrecipient shall not perform any Services unless and until the required insurance listed below is obtained by Subrecipient. Subrecipient shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. 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 Subrecipient is self -insured or exempt from the workers' compensation laws of the State of California. Subrecipient shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Subrecipient owned vehicles used in connection with Subrecipient's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Subrecipient shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Subrecipient, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Subrecipient covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Subrecipient's Services. Subrecipient further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Subrecipient agrees it is not a designated employee within the meaning of the Political Reform Act because Subrecipient: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and, in that capacity, participate in malting a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Subrecipient must disclose its financial interests, Subrecipient shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of City to enforce at any time the provisions of this Agreement, or to require at any time, performance by Subrecipient of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right City to enforce the provisions of this Agreement. 8.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.3 Subrecipient shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.4 Subrecipient is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Subrecipient or Subrecipient's employees, except as herein set forth. Subrecipient shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Subrecipient are for its account only, and in no event shall Subrecipient or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Subrecipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Subrecipient have any authority, express or implied, to bind City to any obligation. 8.5 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Subrecipient of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Subrecipient's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Subrecipient at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Subrecipient. Upon receipt of a termination notice, Subrecipient shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Subrecipient in performing the Services. Subrecipient shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 This Agreement is valid and enforceable only if sufficient funds are made available from the State of California by legislative appropriation to continue funding the ERF-3-R Grant. If the ERF-3-R Grant funding is not appropriated by the Legislature or the ERF-3-R Grant is terminated or cancelled, the City may terminate this Agreement pursuant to Section 8.4. 8.7 Subrecipient shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a minimum period of five (5) years, or for any longer period required by law, from the date of final payment to Subrecipient pursuant to this Agreement. City shall have the right to review, obtain and copy all records and supporting documentation pertaining to the performance of Services under the Agreement. Such books shall be available upon reasonable notice and during normal business hours for examination, inspecting and copying of records and documentation related to the Services provided under this Agreement, by City at the office of Subrecipient. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 8.8 During the performance of this Agreement, Subrecipient and its employees and subcontractors shall not unlawfully discriminate, harass, or allow harassment against an employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin, pregnancy, physical disability, mental disability, medical condition, age, genetic information, marital status, military and veteran status, denial of medical and family care leave, pregnancy disability leave or any other protected class under state or federal law. Subrecipient shall ensure that the valuation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Subrecipient shall comply with the provisions of California law against discriminatory practices relating to such protected classes. 8.9 Subrecipient agrees to comply with the Drug -Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug -free workplace. 8.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Subrecipient. 8.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.12 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Subrecipient have signed in confirmation of this Agreement. CITY OF REDLANDS By: Charles M. Duggan, Jr., ity Nfanager ATTEST: Jet,6W Donaldson, City Clerk REDLANDS CHAMBER OF COMMERCE By: A:21 i44 Evan Sanford, Ex cutive Director EXHIBIT "A" SCOPE OF SERVICES Provide basic employment services to minimum of 30 clients per month as referred by City Homeless Solutions team. Employment services shall include but not be limited to the following: • Outreach, intake and orientation to services available; • Initial assessment of skills, aptitudes, abilities and supportive services; • Job Search and placement assistance including career counseling; • Employment referral and follow-up services for customers attaining employment for not less than 12 months after the first known day of employment (obligation ends when contract is completed). Employment services shall connect a minimum of 30 clients per month as referred by City Homeless Solutions team to the following resources. • Employment, education and training targeting particular labor market needs; • Employment, education and training targeting particular groups or populations; • Supportive services such as (interview and work clothing, transportation assistance, work items based on need and funding); and • Intensive career assessment, counseling and planning. • Occupational classroom training; • Skills upgrading and retraining; • On -the -Job Training; • Job readiness training; • Soft skills training; • Private sector operated training; • Industry -based, customized training based on employer need with up front agreement to hire based on established conditions. Service hours shall be tracked for each client provided with employment resources. EXHIBIT 'B" RATE SHEET Staff Hourly Rate (based on actual fully burdened rate) Up to $5,000.00 per month Program Supplies / Services Provided Directly to the Client Actual Cost Admin Cost: • Admin Cost not to exceed 5% • Supplies to support the program (actual cost) Up to 5% Total Award Not -to -Exceed Amount $150,000 EXHIBIT "C" ERF-3-R GRANT AUDITING AND REPORTING Subrecipient shall submit to all reporting and auditing requirements of the ERF-3-R Grant including but not limited to the following: Subrecipient monthly claim reports with all required documentation as identified must be submitted to the City no later than the 10`h of the following month to ensure timely reporting and processing. Provide monthly reconciliation reports of expenditures including an expenditure summary report and services provided that include outreach and service path data at the anonymized level. The following must be submitted for employee wages and fringe benefits claimed: Employee time and activity Logs or timesheet for each employee that includes date work was performed, description of eligible work, any other time charged to the agreement (i.e., holiday, sick, or vacation if employee is 100% funded by the grant), hours worked for the day, total number of hours charged to the agreement, and signed by employee and supervisor. Proof of direct deposit which includes employee's full name, hourly rate, taxes, benefits, total amount that was deposited into the employee's account. For all non -payroll related expenses submit copies of receipts or invoices along with proof of payments, (i.e., copy of canceled check from the bank or credit card) and proof that the credit card was paid, if a credit card was used. If the required supporting documentation is not provided, the City may delay reimbursement or subsequent payment(s) until the documentation is received from the Subrecipient. The City reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this agreement. Maintain housing status data for persons served in the aggregate. Continued confirmation that projects receiving ERF-3-R funds are populated timely into HMIS and use HCD supplied funding codes. Subrecipient shall maintain and make available, individual, client -level data for persons served by grant funding to the City, in addition to any data reported through local Homeless Management Information System, as required by the ERF Grant for the purposes of research. Subrecipient shall comply with the data entry requirements of AB977, located at Welfare and Institutions Code section 8256(d). All proceeds from any interest -bearing account established by the Subrecipient for the deposit of funds received in advance must be used for eligible activities. Subrecipient must maintain records of all expenditures and report on these expenditures on an annual basis no later than 30 days after the anniversary date of this agreement using a city -provided template. The City reserves the right to perform or cause to be performed a financial audit on the use of the proceeds from the interest -bearing account. Subrecipient shall participate in a program evaluation regarding implementation of the ERF-3-R Grant is requested. For the purpose of evaluation, HCD, or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee's operations during normal business hours and with reasonable advance notice. HCD will comply with Grantee's site visit terms during any site visits. Subrecipient should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation of the ERF-3-R Grant. Subrecipient shall coordinate and cooperate with City provided independent certified public accountant for audit purposes if requested. Record Ins ecu tion: HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under the ERF Grant and this agreement. The Subrecipient agrees to provide the City, HCD, or its designee, with any relevant information requested. The Subrecipient agrees to give the City, HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, the ERF-3-R Grant, and this Agreement. Record Retention: The Subrecipient further agrees to retain all records described above for a minimum period of five (5) years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. EXHIBIT "D" 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 XI 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. REDLANDS CHAMBER OF COMMERCE By: �/' _ Date:- Evan Sanford, Executi ireetor