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HomeMy WebLinkAboutAgenda Report - April 20, 2022 I-04CITY OF Z10zt� is CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM 7 AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreements with Inner City Action, Inc. for Operations in an Amount Not to Exceed $1,010,721 and The Salvation Army for Food and Laundry Services in an Amount Not to Exceed $320,288 for the Temporary Emergency Shelter for a Term of Twelve Months with the Option to Extend Six Months MEETING DATE: April 20, 2022 PREPARED BY: Community Development Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Professional Services Agreements with Inner City Action, Inc. for operations in an amount not to exceed $1,010,721 and The Salvation Army for food and laundry services in an amount not to exceed $320,288 for the Temporary Emergency Shelter for a term of twelve months with the option to extend six months. BACKGROUND INFORMATION: On November 4, 2020, the City Council adopted the San Joaquin Community Response to Homelessness — 2020 San Joaquin Strategic Plan ("Strategic Plan"). The Strategic Plan includes goals and strategies developed from community feedback, which includes increasing access and reducing barriers to homeless crisis response services. On April 7, 2021, City Council accepted the Permanent Local Housing Allocation (PLHA) grant of approximately $2 million, allocated primarily towards the Access Center. On May 5, 2021, Council approved allocating $5.5 million of American Rescue Plan Act federal funds to the development of a Navigation Center, now known as the Access Center. On May 5, 2021, City Council also approved the Lodi Access Center Community Engagement Plan, which was the first step in order to move forward with several of the goals identified in the Strategic Plan. On July 13, 2021, the County Board of Supervisors approved $2 million towards our Access Center project development and $800,000 towards our temporary emergency shelter site development from the San Joaquin County (County) capital -outlay fund. On October 6, 2021, City Council approved the Access Center location at 710 N. Sacramento Street in Lodi. The Access Center will take approximately 18 months to develop, understanding the immediate need within the city, Staff have been working on an interim temporary emergency shelter solution that would be able to house up to 50 unsheltered individuals and provide wraparound services. These services would be similar to what will be provided at the Access Center once complete. For the Emergency Shelter, the City evaluated costs for tent rentals vs. purchase and shower and restroom trailer rentals. The cost estimates received were significant at upwards of $400,000 for APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager Temporary Emergency Shelter Agreements April 20, 2022 Page 2 of 3 a year with a delivery lead time of approximately 12 to 16 weeks. The costs identified did not include operations or any site improvements that would need to be completed before the Emergency Shelter could be established. Seeking a cost-effective option for operations, Staff had conversations with The Salvation Army, as well as another operator that came to light, Inner City Action. Inner City Action is currently running an emergency shelter in a neighboring city. We requested quotes and a scope of services from both entities. After evaluation of both scopes of services, we saw they provided comparable services with Inner City Action coming in at a lower cost. As Inner City is geared towards a mobile temporary response, they are able to provide tents and shower trailers included in their cost estimate, which is another significant savings to the City (approx. $400,000). Additionally, Inner City Action is able to mobilize quickly once a signed agreement is in place to meet the immediate needs of unhoused residents. Based on the best use of public funds and time considerations, Staff is recommending Inner City Action provide the main operations for the temporary emergency shelter. However, in an effort to solidify our working relationship even during this phase, we are planning to have The Salvation Army contract to provide all food and laundry services for the temporary emergency shelter. Food services will consist of three meals a day per guest staying at the shelter. Annual costs for both agreements are $685,174 for Inner City Action and $213,525 for The Salvation Army. Breakdown of annual costs are shown in the table below. Annual Cost for Temporary Emereencv Shelter I Inner City Action Operating $ 651,094 Inner City Action Start-up Cost $ 34,080 The Salvation Army (Food) $ 160,965 The Salvation Army (Laundry) $ 52,560 Total: $ 898,699 The City of Lodi and The Salvation Army remain committed to working on developing an agreement for the long-term operations of the permanent Access Center Shelter. Their continued partnership and collaboration is invaluable to the development and operations of the Access Center. Staff recommends the City Council adopt a resolution authorizing the City Manager to execute professional services agreements with Inner City Action, Inc. for operations in an amount not to exceed $1,010,721 and The Salvation Army for food and laundry services in an amount not to exceed $320,288 for the Temporary Emergency Shelter for a term of twelve months with the option to extend six months. FISCAL IMPACT: The costs for both operating and food/laundry agreements for the temporary emergency shelter ($1.3 million — up to 18 months) will be fully funded from the Permanent Local Housing Allocation (PLHA) grant out of the $2 million awarded. Should there be a need identified to extend the contract(s) past the first 18 months, we anticipate there are sufficient PLHA grant resources available for an additional extension. Temporary Emergency Shelter Agreements April 20, 2022 Page 3 of 3 Costs for any temporary infrastructure or needed site improvements for the Temporary Emergency Shelter will be paid primarily through the San Joaquin County Capital Outlay Grant that was specifically awarded for the temporary emergency shelter and will be brought back to the Council at a future date. There is no impact to City General Fund at this time. Staff will continue to seek additional grant resources and expand conversations with the County for continued operational funding support of the Access Center. Some potential future grant opportunities are the Homeless, Housing Assistance, and Prevention (HHAP) rounds 3 and 4, as well as second five-year PLHA allocation. Should temporary emergency shelter operations extend beyond 24 months, the City would need to decide to either suspend emergency shelter operations or fund those operations from existing grant resources or the City's General Fund to avoid impacting currently available funding for the permanent Access Center and its initial operations. Staff anticipates obtaining additional resources for these projects that would reduce any future impact to the City's General Fund for the permanent project. FUNDING AVAILABLE: PLHA-21001 (35585000.77020), revenue and appropriations are already included in the Community Development Department Budget. Funding for Temporary Emergency Shelter Operations and Food/Laundry Service: $898,699 — First 12 Months of Operations (PLHA-21001) $432,310 — 12 — 18 months of Operations if needed [PLHA-21001 ] $1,331,009 — 18 months of operations for Emergency Shelter Funding for Temporary infrastructure/site improvements (Will be brought back to Council at a future date): $800,000 - SJC Capital Outlay Grant (35599000-77020) Susan Bjork, Budget Manager, for: Andrew Keys Deputy City Manager/Internal Services Director Attachments: 1. Inner City Action Operating Agreement 2. The Salvation Army Food and Laundry Agreement Signature: tu44-,h+L4 Email: sbjork@lodi.gov <1 John . Della Monica, Jr. Com unity Development Director Signature: Email: sschwabauer@lodi.gov AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and INNER CITY ACTION, INC. (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for operation of the Temporary Emergency Shelter (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A in conjunction to the outlined below. A. Temporary Emergency Shelter Program CONTRACTOR, shall establish the Project including, but not limited to providing appropriate tent structures for dining, sleeping and congregating, showers, and restrooms. CONTRACTOR, shall provide a clean and safe area for persons experiencing homelessness and develop a pathway, toward permanent housing, income, healthcare, and stability, thus helping guests at the Project become self-sufficient. At minimum, the CONTRACTOR shall provide the following services: 1. Intake -the Contractor will register/intake guests upon arrival and facilitate storage of personal belongings. 2. Security within the Project facility to ensure the safety of guests and staff. 3. Overnight supervision - the Contractor will oversee the safety of the physical environment. 1 4. Clean up/prepping space - the Contractor will be responsible for keeping the service location clean each day, including trash pick-up, laundering washable items provided to guests, and ensuring restroom and shower facilities are clean. 5. Referrals - the Contractor shall provide case management and/or referrals (through the HMIS system) for guests seeking permanent housing, mental health, medical, job placement, and other social services. B. Staffing and Training 1. Ensure there is a trained staff member during all hours of operation at the Project. Staff must be 18 years of age or older. 2. Ensure staff is oriented to the special needs of individuals who are unsheltered, experience mental health issues, substance abuse issues, or intimate partner/domestic violence issues. 3. Create a staffing plan that includes provisions to maintain safety and security in the Project. 4. Provide accessibility and accommodations for individuals with disabilities. 5. Have a written policy of guest responsibilities that is readily available to all guests. C. Reporting CONTRACTOR, will be required to enter client level data in the Homeless Management Information System (HMIS) for each client accessing the Project. CONTRACTOR, will be required to provide monthly reporting of: 1. Number of clients served daily 2. Number of clients finding permanent housing, entering programs, finding an exit to homelessness, etc. D. Temporary Emergency Center Hours of Operation The Project is expected to be operational 24 -hours each day, 7 days per week. This however, does not prohibit the Contractor from locking the property at night to increase safety for guests and employees at the Emergency Center. E. Acceptance of Animals in the Temporary Emergency Shelter CONTRACTOR, shall allow and provide an area to secure guests animals. CONTRACTOR, must ensure the safety of all animals and guests at the Project. V% Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such 3 licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on May 01, 2022 and terminates upon the completion of the Scope of Services or on April 30, 2023, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional one (1) six (6) -month extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed one (1) year and six (6) months. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs 4 The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including 5 reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices 6 Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: John R. Della Monica, Jr. To CONTRACTOR: Inner City Action, Inc. 1800 N. Wilson Way Stockton, CA 95205 ATTN: Frank Saldana Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality 7 CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. s Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original 9 graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: PAMELA M. FARRIS Assistant City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By� C?p CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager Inner City Action, Inc. Bv: Name. Frank Saldana Title: Director/Founder/CEO Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: Permanent Local Housing Allocation Grant (Business Unit & Account No.) Doc ID: CA: Rev.03.2 02 2.elecsign.LT 10 Exhibit A 1800 N. WILSON WAY STOCKTON CA. 95205 City of Lodi, California Community Development 221 West Pine Street Lodi, CA 95241 Attm Jennifer Rhyne IV lnnerC itv ction Proposal for Unsheltered Emergency Center INNERCMACTION,ORG (800) 466-7205 Scope of work: inner City Action would provide a safe and clean environment for anyone experiencing homelessness, where individuals can receive immediate services. Our emphasis is on individual goal setting to achieve a pathway for financial stability, permanent housing, healthcare services, and program referrals. Qualifications: inner City Action Director Frank Saldana has over 20 years of experience working with the unsheltered community in San Joaquin County. His knowledge, compassion and expertise are a vital part of the success of individuals overcoming their challenges. He along with our dedicated staff are committed to our motto "Bringing Life back to the People.° Services Provided: A. Meals. Meals are provided daily at the following times. Breakfast 9:15am-10:15am, Lunch 12:30pm-1:30pm, Dinner 4:30pm-5:45pm B. Showers: Showers are provided at will to day -service Clients only. Daily showers are mandatory for anyone receiving overnight services. C. Lockers/ Bins: Lockers and or Bins are assigned by first come first serve basis for individuals to store their personal belongings. D. Pet Services: Pet kennels and pet food is available for cats and dogs. Aggressive breeds and or animals that are causing a disturbance will be permitted from receiving services. Overnight Services: Our gates close at 6:00pm. Overnight services are from 6:00pm — 8:30am which include evening snack, daily movie, and cots for sleeping. F. Transportation Services: Transportation provided for clients upon request and availability to appointments within the City of Lodi. Transportation to and from the Emergency shelter can be arranged by calling our number 1-800-466-7205. 1800 N. WILSON WAY STOCKTON CA. 95205 Services Provided: XMU ilk Action INNERCITYACTION ORG 1800)466 7205 G. Clothing Closet: New and Gently used clothing, undergarments, and socks available. H. Snack Shack: Our Snack Shack is open to clients during the day, between meals, and is stocked with a variety of drinks and snacks such as granola bars, chips, crackers, cookies, etc. I. Charging Station: We have a charging station available daily. Once a client has signed up to charge at the front desk, they will receive a number to a station to charge their phone or electronic devise. Charging time per client is limited to 1 Hour at a time. J. Gondolas for Extra Storage: For an unsheltered individual leaving an encampment with many belongings we will assign a Gondola for storage of personal items. Storage rules apply. K. Health/ Wellness: Temperature checks are taken by security upon entry. Anyone with a temperature will be prohibited from entering. Should someone have a temperature and or sick symptoms while in the tent, transportation to a medical facility within the City of Lodi will be provided. Our Front Desk has masks available upon request. All Staff, Clients and volunteers are not required to be vaccinated. We have hand sanitizer placed throughout the tent for individual use. L. Life Coaching: Life coaching is an important resource. Our Staff will meet with clients one on one to set personal goals, talk about ways to meet those goals and assist with challenges they may have in accomplishing those goals. Examples: finding a job, obtaining a birth certificate, reconnecting with family, finding permanent housing etc. Lodi, California Inner City Action Mobile Revival Family Resource Center Structure Director Co -Director Day shift, Co -Director Evening Shift, Co -Director Night Shift Administrator Full Time Front Gate Security, Night Security, Front Desk Intake, Driver, Shower Operator, Cook 14, -41 Part Time Front Gate Security, Night Security, Front Desk Intake, Driver, Shower Operator, Cook Salary Positions Director, Co -Director Day Shift, Co -Director Evening Shift, Co -Director Night Shift Hourly Full Time Positions 40 Hours Administrator, Front Gate Security, Night Security, Front Desk Intake, Driver, Shower Operator, Cook Hourly Part -Time Positions 16 Hours Front Gate Security, Night Security, Front Desk Intake, Driver, Shower Operator, Cook Exhibit B START UP COST (BASED ON 50 PPL) Cost Inner City Action Inc City of Lodi Turf $ 10,000.00 $ - $ 10,000.00 Pop-up Tents $ 2,000.00 $ - $ 2,000.00 2 Fire Proof Filing Cabinets $ 2,800.00 $ - $ 2,800.00 Printer $ 200.00 $ - $ 200.00 Shelving units $ 350.00 $ - $ 350.00 5 Dog Kennels $ 600.00 $ - $ 600.00 Fire extingushers $ 600.00 $ - $ 600.00 Signs/Banners $ 1,000.00 $ - $ 1,000.00 Illuminated Exits Signs $ 1,600.00 $ - $ 1,600.00 Cots $ 2,500.00 $ - $ 2,500.00 Food Warmers $ 1,700.00 $ - $ 1,700.00 Lights $ 450.00 $ - $ 450.00 Changing Tents $ 200.00 $ - $ 200.00 Charging stations $ 250.00 $ - $ 250.00 Coffee Pot $ 150.00 $ - $ 150.00 Towels $ 500.00 $ - $ 500.00 Sleeping Bags $ 1,250.00 $ - $ 1,250.00 Projector $ 150.00 $ - $ 150.00 DVD player $ 130.00 $ - $ 130.00 Extention cords & covers $ 2,000.00 $ - $ 2,000.00 Tables $ 650.00 $ - $ 650.00 Miscellaneous supplies $ 5,000.00 $ - $ 5,000.00 TOTAL START UP COST $ 349080.00 $ - $ 34,080.00 OPERATING •MONTH Cost Inner City Action Inc City of Lodi Tent Rental $ 6,000.00 $ 6,000.00 Shower Rental $ 6,000.00 $ 6,000.00 Transportation (Fuel Maintence & Repairs) $ 18,000.00 $ - $ 18,000.00 Additional Transportation Cost pickup/cleanup days $ 9,000.00 $ 9,000.00 $ - Reefer Truck Cold Storage $ 4,800.00 $ 4,800.00 $ - 2 Dry Containers $ 2,520.00 $ - $ 2,520.00 Vehicle Insurance $ 7,200.00 $ 7,200.00 $ - Office Supplies $ 1,800.00 $ - $ 1,800.00 Janitoral/Cleaning Supplies $ 3,000.00 $ - $ 3,000.00 Portable Bathroom Rental/Services $ 11,190.00 $ - $ 11,190.00 Warming/Cooling Heaters/AC $ 25,200.00 $ - $ 25,200.00 Meeting Expenses $ 900.00 $ 900.00 $ - Laundry Soap/Money for Wash $ 9,000.00 $ 9,000.00 Resource Cards $ 600.00 $ 600.00 $ - Hair Cut Station $ 600.00 $ 600.00 $ - Communication $ 600.00 $ 600.00 $ - Recreational/Client Outings $ 3,000.00 $ 3,000.00 $ - Incentives/Raffle $ 4,800.00 $ 4,800.00 $ - Life Coaching $ 1,200.00 $ 1,200.00 $ - Certified Drug Counselor $ 2,000.00 $ 2,000.00 $ - Workers Comp Insurance $ 16,705.00 $ 8,000.00 $ 8,705.00 Employer Payroll Tax $ 15,000.00 $ 15,000.00 $ - Insurance $ 600.00 1 $ - $ 600.00 TENTATIVE PERSONNEL COSTMONTH $ 34,080.00 MONTHLY EXPENSE $ 54,258.00 Cost Inner City Action Inc City of Lodi Director - Frank (Exempt Salary) $ 33,000.00 $ - $ 33,000.00 Co -Director - (Exempt Salary) $ 29,130.00 $ - $ 29,130.00 Supervisor - (Exempt Salary) $ 29,130.00 $ - $ 29,130.00 Administrator - Full Time (Hourly) $ 16,320.00 $ - $ 16,320.00 Night Shift Operations - Manuel (Hourly) $ 15,360.00 $ - $ 15,360.00 Security - Full Time Day Shift (Hourly) $ 15,360.00 $ - $ 15,360.00 Security - Full Time Mid Shift - (Hourly) $ 15,360.00 $ - $ 15,360.00 Security - Full Time Night Shift (Hourly) $ 15,360.00 $ - $ 15,360.00 Front Desk - Full Time (Hourly) $ 15,360.00 $ - $ 15,360.00 Front Desk - Part Time (Hourly) $ 6,144.00 $ - $ 6,144.00 Driver - Full Time (Hourly) $ 15,360.00 $ - $ 15,360.00 Driver - Part Time (Hourly) $ 6,144.00 $ - $ 6,144.00 Shower Operator - Full Time (Hourly) $ 15,360.00 $ - $ 15,360.00 EOperator - Part Time (Hourly) $ 6,144.00 $ - $ 6,144.00 $ 383,247.00 $ 57,700.00 $ 325,547.00 START UP COST $ 34,080.00 MONTHLY EXPENSE $ 54,258.00 i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and The Salvation Army, a California Corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Laundry and Food Services for the Temporary Emergency Shelter (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. 1 Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on May 01, 2022 and terminates upon the completion of the Scope of Services or on April 30, 2023, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the terms of this Agreement for an additional one (1) six (6) -month extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. V% The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed one (1) year and six (6) months. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with 3 this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability 4 Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: John R. Della Monica, Jr. To CONTRACTOR: The Salvation Army, Lodi Corps 525 W. Lockeford St. Lodi, CA 95240 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY 5 CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.20 Authority 7 The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. Section 4.22 Counterparts and Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf") or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. s IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: PAMELA M. FARRIS Assistant City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: (9) CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager The Salvation Army Bw Name: LEGAL SIGNATOR Title: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: (PLHA-21001) 35585000.77020 (Business Unit & Account No.) Doc ID: CA: Rev.03.2022.elecsign.LT 9 THE SALVATION ARMY LODI CORPS & HOPE HARBOR FAMILY SERVICE CENTER DOING THE March 21, 2022 MOST GOOD EXHIBIT A General William & Catherine Booth Statement of Work Founders The Salvation Army will provide supportive services to the low barrier shelter / access center, located at 710 N. Sacramento Street, during the emergency phase 1 process. General Scope of Work Brian Peddle International Leader Meals: Commissioner Douglas Riley The Salvation Army will be prepared to provide up to 3 meals a day, 7 days a week, for 49 Territorial Commander clients residing at the Low Barrier shelter through access to our Hope Harbor Shelter at designated times set in advance, or by delivering food to the Access Center for serving. Major John Brackenbury Major Pam Brackenbury Meals will be calculated at an average of $3 per meal, 3 meals a day, for a total of $9 daily Divisional Leaders for 49 clients each, for a total of $441 per day. Major Mark Thielenhaus Laundry: Major Michelle Thielenhaus Corps Officers The Salvation Army will provide laundry service (a wash and a dry) at an estimated cost of $9.00 per load to cover water, electricity, detergent and staff time for up to 16 loads of Advisory Board laundry a day. Total cost $144.00 a day. Paul Anderson These loads will be for one outfit per client in a mesh bag (up to 3 —4 bags a load), or 3 Chair Clint Waring sets of bedding per load (one sheet, one towel, one pillow case). Bedding will only be done Vice Chair for shelter purchased bedding (no outside bedding of the clients will be washed). Marilee Ginoulis Secretary At such time that we can increase our washers and dryers, or purchase high capacity ma - Nancy Beckman chines, we are willing to increase the amount of loads run per day. Twyla Brooks Christine Cesena Loads will be tracked per da for billing and invoices will be provided b The Salvation Steve Cottrell p y g p y Sonja Edd -Bennett Army of Lodi to the City of Lodi monthly for payment. Patricia Fehling Nicole Goehring Pam Kludt Bill Moersch Annette Murdaca Pat Patrick Dave Smith Mike Smith 111 525 W. Lockeford St. ^ P.O. Box 1388 ^ Lodi, California 95240 ^ Office: 369-5896 ^- Fax: (209) 369-2724 www.lodi.salvationarmy.org THE SALVATION ARMY LODI CORPS & HOPE HARBOR FAMILY SERVICE CENTER DOING THE March 21, 2022 MOST GOOD EXHIBIT B General William & Catherine Booth Founders Fees and Invoicing: General Brian Peddle Meals will be calculated at an average of $3 per meal, 3 meals a day, for a total of $9 daily International Leader for 49 clients each, for a total of $441 per day. Commissioner Douglas Riley Territorial Commander Laundry will be calculated at $9.00 per load of laundry. Loads will be recorded daily. Major John Brackenbury Major Pam Brackenbury Divisional Leaders An invoice will be created for monthly billing to the city for food and laundry each month. Major Mark Thielenhaus Major Michelle Thielenhaus Corps Officers Advisory Board Paul Anderson Chair Clint Waring Vice Chair Marilee Ginoulis Secretary Nancy Beckman Twyla Brooks Christine Cesena Steve Cottrell Sonja Edd -Bennett Patricia Fehling Nicole Goehring Pam Kludt Bill Moersch Annette Murdaca Pat Patrick Dave Smith Mike Smith 111 525 W. Lockeford St. ^ P.O. Box 1388 ^ Lodi, California 95240 ^ Office: 369-5896 ^- Fax: (209) 369-2724 www.lodi.salvationarmy.org i EXHIBIT C NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (i) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages Risk: rev. 3/1/2018 RESOLUTION NO. 2022-104 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH INNER CITY ACTION, INC., OF STOCKTON, FOR OPERATIONS AND THE SALVATION ARMY, OF LODI, FOR FOOD AND LAUNDRY SERVICES FOR THE TEMPORARY EMERGENCY SHELTER WHEREAS, the City of Lodi City Council approved 710 North Sacramento Street as the location for the Access Center on October 6, 2021 per Resolution No. 2021-273; and WHEREAS, the City is developing a permanent Access Center Emergency Shelter; and WHEREAS, the Access Center will take approximately 18 months to develop; and WHEREAS, there is an immediate need to begin assisting the unsheltered in Lodi by the development of a temporary emergency shelter; and WHEREAS, the City sought out an operator for the Temporary Emergency Shelter that can meet the needs of individuals experiencing homelessness that are seeking shelter and wraparound services; and WHEREAS, Inner City Action, Inc., is able to operate the Temporary Emergency Shelter and provide shelter and additional wraparound services for the residents; and WHEREAS, The Salvation Army is able to provide laundry and food service; and WHEREAS, Permanent Local Housing Allocation Grant funds will be utilized to support this contract with no General Fund impact; and WHEREAS, the initial terms of both agreements will be twelve months with an option to extend up to an additional six months; and WHEREAS, annual costs for both agreements are $685,174 for Inner City Action and $213,525 for The Salvation Army, for a total of $898,699; and WHEREAS, staff recommends the City Council authorize the City Manager to execute Professional Services Agreements with Inner City Action, Inc., for operations, in an amount not to exceed $1,010,721, and The Salvation Army for food and laundry services, in an amount not to exceed $320,288, for the Temporary Emergency Shelter for a term of twelve months with the option to extend six months. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby determine that Inner City Action, Inc., of Stockton, and The Salvation Army, of Lodi, are uniquely able to operate the Temporary Emergency Shelter and to provide the additional wraparound services required to fulfill the immediate needs for the guests residing at the shelter, and because of this, the City Council hereby finds that the method of purchase and contract negotiation on the Professional Services Agreements with Inner City Action and The Salvation Army are in the best interests of the City and hereby waives the formal bidding procedures required under Lodi Municipal Code Section 3.20.070; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute to execute Professional Services Agreements with Inner City Action, Inc., of Stockton, California, for operations in an amount not to exceed $1,010,721 and The Salvation Army, of Lodi, California, for food and laundry services in an amount not to exceed $320,288 for the Temporary Emergency Shelter for a term of twelve months, with the option to extend six months; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: April 20, 2022 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2022-104 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, and Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Chandler ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-104 (.:ALMFO RN IA COMMUNITY DEVELOPMENT Temporary Emergency Shelter Presentation to City Council April 20, 2022 Need for Temporary Emergency Shelter Permanent Access Center will take approx. 12- 18 months to complete from site design approval Significant need to house the unsheltered quickly to reduce the impact to public spaces Can provide slow-barrier option currently not available in Lodi Individuals residing at shelter will not be required to leave during the day Will be on a referral basis for those most in need due to limited capacity Operations: Inner City Action will be primary operator of the temporary emergency shelter The Salvation Army will provide food and laundry services Initial agreement(s) will be for 12 months ($898,699) with an option to extend six months ($432,310) Will be funded through the Permanent Local Allocation (PLHA) grant INNER CITY ACTION: TEMPORARY EMERGENCY SHELTER OPERATOR Inner City Action Who they are: Inner City Action Inc. is a non- profit organization headquartered in Stockton, Ca comprised of staff and volunteers from the community who are passionate about making a lasting change in individual lives. Inner City Action Cont. Positive reputation as current operator of the temporary shelter in Manteca Strong volunteer base to reduce overhead costs Can mobilize within weeks vs months Have their own tents and shower trailer Provide wide range of services including: Case management/life coach — set personal goals, provide resources, help finding employment and housing, reconnecting with family, identification Security, transportation, pet (kennels/food), clothing, hair cuts, and storage services If ■ Operations including tent structures will be concealed within existing structure 1`' THE SALVATION ARMY: FOOD AND LAUNDRY SERVICES The Salvation Army Positive reputation in the Lodi Community Have the capacity to provide food (3 meals a day) and laundry services for the temporary emergency shelter The City of Lodi and The Salvation Army remain committed to working on developing an agreement for the long-term operations of the permanent Access Center Shelter. Staff Recommendation Staff recommends the City Council adopt a resolution authorizing the City Manager to execute professional services agreements with Inner City Action, Inc. for operations in an amount not to exceed $1,010,721 and The Salvation Army for food and laundry services in an amount not to exceed $320,288 for the Temporary Emergency Shelter for a term of twelve months with the option to extend six months.