HomeMy WebLinkAbout _ 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing Inc. � � �' � � �
� � � ' � �' � � ' � ` CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: December 19, 2023 FROM: Steve Bade, Assistant City
ITElVI NO. 4.2(d) Manager
***APPROVED BY***
sbade@cityofredding.org
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btippin@cityofredding.org
SUBJECT: 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing
Inc.
Recommendation
Authorize and approve the following actions:
(1) Authorize the City Manager, or his designee, to sign the Funding Agreement with No
Boundaries Transitional Housing Inc., in the amount of $564,564 for the term of
January 1, 2024 through June 30, 2024;
(2) Find that the project is categorically exeinpt from the California Environmental
Quality Act pursuant to Section 15301(d} Existing Facilities; and
(3) Find that according to the National Environmental Policy Act opera�ing costs are
categorically excluded, not subject to 24 CFR §58.5, convert to exempt and require no
further environmental study or approval from the United States Department of Housing
and Urban Development.
PiscaZ Impact
The No Boundaries Transitional Housing, Inc. (Na Boundaries) funding agreement in the
amount of $564,564 will be funded from a combination of I�ousing Division grant fund
resources that include, but are not limited to, the Permanent Loca1 Housing Allocation,
Housing and I�omelessness Incentive Program, Successor I�ousing Agency, Affordable
Housing Loan Funds or Encampment Resolution Funds, Utilizing these funding sources wi11
have no impact to the General Fund.
Alternative Action
The City Council (Council) may choose not to authorize the funding agreement. This would
severely reduce the number of interim housing units available within the community.
Report to Redding City Council December 14,2023
Re: 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing Inc. Page 2
Background/Analysis
The City of Redding (City) has been working on several initiatives to assist the unsheltered
within the community. One important initiative involves increasing the number of low barrier
shelter units with supportive services and/or case management. On August 2, 2022, the
Council authorized the City Manager to negotiate a Consulting and Professional Services
Contract (Contract) with a non-profit provider for a term of six months in an amount
not-to-exceed $235,000. On September 14, 2022, the City executed the contract with No
Boundaries securing 32 supportive housing units with a total of 50 beds.
Over the last year, the following has transpired:
On November 21, 2022, a �rst amendment to the contract was completed, increasing the
number of units from 32 to 46 thereby providing 26 more beds for a total of 76 beds and
increasing the budget to $294,360. Under this same amendment, the City Manager authorized
the ability to extend the contract and increase the budget as a minor amendment to the
contract.
On February 21, 2023, a second amendment was executed that provided an additional month
extension to the contract and increased the total contract to $349,560.
On March 28, 2023, a third amendment was executed providing an extension of the contract
through April 15, 2023. The third amendment increased the total contract to $381,990 to
accommodate a negotiated increase in the room rate between No Boundaries and the property
owner.
On April 5, 2023, a fourth amendment was executed to extend the contract through December
2023 and increased the budget by$551,310 for a total contract amount of$933,300.
On May 9, 2023, a fifth amendment was executed to add an additiona120 rooms to aid Crisis
Intervention and Response Team's efforts for placement of unsheltered persons from the Lost
Lane/Masonic Encampment, increasing the budget by $343,500 for a total contract amount of
$1,276,800. This increase was funded by awarded Encampment Resolution Funds (ERF-2-L).
A new Funding Agreement in an amount not to exceed $564,564 is warranted and is the
subject of this report to continue funding the 66 rooms through June 30, 2024.
From August 2022 through September 2023, No Boundaries has served 393 people with
emergency shelter, supportive services, and connections to resources. Of those, 46 people
have been permanently housed. These accomplishments were a result of the support of the
City along with other state funding received by No Boundaries.
Report to Redding City Council December 14,2023
Re: 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing Inc. Page 3
Environmental Review
This project is categorically exempt from the California Environmental Quality Act pursuant
to Section 15301 (d) (existing facilities). Authorization of the contract will not result in.
physical alteration of the environment, and the action has no potential to have a significant
effect on the environment. In addition, the National Environmental Policy Act review finds
that this project is categorically excluded not subject to 24 CFR §58.5, converts to exempt,
and require no further environmental study or approval from the United States Department of
Housing and Urban Development.
Council PrioNity/City Manage� Goals
• Government of the 21St Century—"Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to inake better
decisions today."
• Public Safety—"Work to improve all aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding."
Attachments
Funding Agreement- City of Redding and No Boundaries Transitional Housing Inc
FUNDING AGREEMENT
THIS AGREEMENT is made at Redding, California, by and between the City of Redding
("City"), a municipal corporation and general law city, and No Boundaries Transitional Housing,
I�nc. ("No Boundaries") for the purpose of providing the emergency occupancy and supportive
services ("Project") for homeless persons within the City of Redding.
RECITALS
The City does not have sufficient personnel to perform the services required herein thereby
necessitating this agreement for emergency occupancy and supportive services.
AGREEMENT
1. TERM. The term of this agreement shall be from on or about January 1, 2024, and
complete said work no later than June 30, 2024.
2. SERVICES TO BE PROVIDED BY NO BOITNDARIES.No Boundaries shall provide
services outlined in Exhibit A, attached and incorporated herein. No Boundaries sha11
provide the services at the time, place and in the manner specified in Exhibit A and shall
utilize all forms attached and incorporated herein in Exhibit C attached and incorporated
herein.
3. FUNDING BY THE CITY. City shall pay No Boundaries for services rendered pursuant
to this agreement, at the times and in the manner set forth in Exhibit B, attached and
incorporated herein, in a total amount not to exceed Five Hundred Sixty-Four Thousand
Five Hundred Sixty-Four no/100 ($564,564). This sum includes motel room charges
incurred by No Boundaries that are specifically associated with the provision of services
under this Agreement. The payments specified herein shall be the only payments to be
made to No Boundaries for services rendered pursuant to this Agreement. The sum set forth
herein is intended to compensate No Boundaries for lodging set forth in this Agreement.
This Agreement is intended to fund occupancy and HMTS/Coordinated Entry services as
set forth in Exhibit A on1y. It does not fund any particular program or service to which an
individual may be referred.
No Boundaries shall submit monthly invoices to City for services pursuant to Exhibits A
and B included within this Agreement. All invoices shall be itemized to reflect the billing
rate for each room and services provided.
A11 correct, complete and undisputed invoices sent by No Boundaries to City shall be paid
within thirty (30) calendar days of receipt. Should the No Boundaries wish to be paid via
electronic fund transfer, additional completed forms not specified within the Agreement
but required by the City of Redding Finance and Treasury Departments would be required
to be completed by No Boundaries and approved prior to payment in this manner.
Funding Agreement—No Boundaries Transitional Housing Inc Page 1.
4. TERMINATION. If No Boundaries fails to perform its duties to the satisfaction of City,
or if No Boundaries fails to fu1fi11 in a timely and professional manner its obligations under
this Agreement, then City sha11 have the right to terminate this Agreement effective
immediately upon City giving written notice thereof to No Boundaries.
Either Parry may terminate this Agreement without cause on thirty (30) calendar days'
written notice. Notwithstanding the preceding, if the term set forth in Section 1 of this
Agreement exceeds ninety (90) calendar days in duration, No Boundaries' sole right to
terminate shall be limited to termination for cause.
No Boundaries hereby acknowledges and agrees that the obligation of City to pay under
this Agreement is contingent upon the availability of City's funds which are appropriated
or allocated by the City Council. Should the funding for the project and/or work set forth
herein not be appropriated or allocated by the City Council, City may terminate this
Agreement by furnishing at least thirty (30) calendar days' written notice of its intention
to terminate. In the event of a termination pursuant to this subdivision,No Boundaries sha11
not be entitled to a remedy of acceleration of payments due over the term of this
Agreement. The Parties acknowledge and agree that the power to terminate described
herein is required by Article 16, Section 18, of the California Constitution, and that
constitutional provision supersedes any law,ru1e,regulation or statute which conflicts with
the provisions of this Section.
In the event that City gives notice of termination,No Boundaries shall promptly provide to
City any and a11 finished and unfinished reports, data, studies,photographs, charts or other
work product prepared by No Boundaries pursuant to this Agreement. City shall have full
ownership,including,but not limited to,intellectual property rights, and control of all such
finished and unfinished reports, data, studies,photographs, charts or other work product.
In the event that City terminates the Agreement, City shall pay No Boundaries the
reasonable value of services rendered by No Boundaries pursuant to this Agreement;
provided,however, that City shall not in any manner be liable for lost profits which might
have been made by No Boundaries had No Boundaries completed the services required by
this Agreement.No Boundaries shall,not later than ten(10)calendar days after termination
of this Agreement by City, furnish to City such financial information as in the judgment of
the City's representative is necessary to determine the reasonable value of the services
rendered by No Boundaries.
In no event sha11 the termination or expiration of this Agreement be construed as a waiver
of any right to seek remedies in law, equity or otherwise for a Party's failure to perform
each obligation required by this Agreement.
5. MISCELLANEOUS TERMS AND CONDITIONS OF AGREEMENT. Pursuant to
the City's business license ordinance, No Boundaries sha11 obtain a City business license
prior to commencing work.
Funding Agreement—No Boundaries Transitional Housing Inc Page 2
No Boundaries represents and warrants to City that it has a11 licenses, permits,
qualifications and approvals of any nature whatsoever that are legally required for No
Boundaries to practice its profession. No Boundaries represents and warrants to City that
No Boundaries shall,at its sole cost and expense,keep in effect or obtain at all times during
the term of this Agreement any]icenses,permits and approvals that are legally required for
No Boundaries to practice its profession.
No Boundaries shall, during the entire term of this Agreement, be cons�rued to be an
independent contractor and nothing in this Agreement is intended,nor sha11 it be construed,
to create an employer/employee relationship, association,joint venture relationship, trust
or partnership or to allow City to exercise discretion or control over the professional
manner in which No Boundaries performs under this Agreement. Any and all taxes
imposed on No Boundaries' income, imposed or assessed by reason of this Agreement or
its performance, including but not limited to sales or use taxes, shall be paid by No
Boundaries. N�o Boundaxies shall be responsible for any taxes or penalties assessed by
reason of any claims that No Boundaries is an employee of City. No Boundaries sha11 not
be eligible for coverage under City's workers' compensation insurance plan,benefits under
the Public Employee Retirement System or be eligible for any other City benefit.
No provision of this Agreement is intended to, or shall be for the benefit of, or construed
to create rights in, or grant remedies to, any person or entity not a party hereto.
No portion of the work or services to be performed under this Agreement shall be assigned,
transferred, conveyed or subcontracted without the prior written approval of City. No
Boundaries may use the services of independent contractors and sub-contractors to perform
a portion of its obligations under this Agreement with the prior written approval of City.
Independent No contractors and sub-contractors shall be provided with a copy of this
Agreement and No Boundaries shall have an affirmative duty to assure that said
independent contractors and sub-contractors comply with the same and agree to be bound
by its terms. No Boundaries sha11 be the responsible party with respect to all actions of its
independent contractors and sub-contractors, and shall obtain such insurance and
indemnity provisions from its contractors and sub-contractors as City's Risk Manager shall
determine to be necessary.
No Boundaries, at such times and in such form as City may require, shall furnish City with
such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement,the costs or obligations incurred or to be incurred in connection
therewith, and any other matters covered by this Agreement.
No Boundaries shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for a11 costs pertaining to this
Agreement and such other records as may be deemed necessary by City to assure proper
accounting for all project funds. These records shall be made available for audit purposes
to state and federal authorities, or any authorized representative of City. No Boundaries
shall retain such records for five (5) years after the expiration of this Agreement, unless
prior permission to destroy them is granted by City.
Funding Agreement—No Boundaries Transitional Housing Inc Page 3
No Boundaries shall perform all services required pursuant to this Agreement in the manner
and according to the standards observed by a competent practitioner of No Boundaries'
profession. All products of whatsoever nature which No Boundaries delivers to City
pursuant to this Agreement sha11 be prepared in a professional manner and conform to the
standards of quality normally observed by a person practicing the profession of No
Boundaries and its agents, employees and sub-contractors assigned to perform the services
contemplated by this Agreement.
A11 completed reports and other data or documents, or computer media including diskettes,
and other materia]s provided or prepared by No Boundaries in accordance with this
Agreement are the property of City,and may be used by City.City shall have all intellectual
property rights including,but not limited to,copyright and patent rights,in said documents,
computer media, and other materials provided by No Boundaries. City shall release,
defend, indemnify and hold harmless N�o Boundaries from all claims, costs, expenses,
damage or liability arising out of or resulting from City's use or modification of any reports,
data, documents, drawings, specifications or other work product prepared by No
Boundaries, except for use by City on those portions of the City's project for which such
items were prepared.
No Boundaries,including its employees, agents, and sub-contractors, shall not maintain ar
acquire any direct or indirect interest that conflicts with the performance of this Agreement.
No Boundaries shall comply with a11 requirements of the Political Reform Act
(Government Code § 8100 et seq.)and other laws relating to conflicts of interest, including
the following: 1) No Boundaries shall not make or participate in a deeision made by City
if it is reasonably foreseeable that the decision may have a material effect on No
Boundaries' economic interest, and 2) if required by the City Attorney, No Boundaries
shall file financial disclosure forms with the City Clerk.
6. INDEMNIFICATION.No Boundaries sha11 indemnify and defend the City and its elected
officials, officers, employees, agents and volunteers against and hold them harmless from
any and all claims, losses, damages, and liability for damages, including attorney's fees
and other costs of defense incurred by the City, whether for damage to or loss of property
or injury to or death of persons or loss of services, expenses or compensation, including
properties of the City and injury to or death of the City's elected officials, officers,
employees, agents and volunteers arising out of, or resulting from, the City's expenditure
of funds to No Boundaries hereunder, the services to be performed hereunder by No
Boundaries or from the actions of No Boundaries' officials, officers, employees, agents,
volunteers and invitees, unless such damage, loss, injury or death is caused by the sole or
active negligence of the City.
7. INSURANCE. Unless modified in writing by City's Risk Manager, No Boundaries shall
maintain the following noted insurance during the duration of the Agreement:
Coverage shall be at least as broad as:
Funding Agreement—No Boundaries Transitional Housing Inc Page 4
A. Insurance Services Office form nulnber CG-0001, Commercial General
Liability Insurance,in an amount not less than$1,000,000 per occurrence and
$2,000,000 general aggregate for bodily injury, persona] injury and property
damage;
B. Insurance Services Office form number CA-0001 (Ed. 1/$7), Comprehensive
Automobile Liability Insurance, which provides for total limits of not less
than $1,000,000 combined single limits per accident applicable to all owned,
non-owned and hired vehicles;
C. Statutory Workers' Compensation required by the Labor Code of the State of
California and Employers' Liability Insurance in an amount not less than
$1,000,000 per occurrence. Both the Workers' Compensation and Employers'
Liability policies shall contain the insurer's waiver of subrogation in favor of
City, its elected officials, officers, employees, agents and volunteers;
D. Professional Liability (Errors and Omissions) Insurance, appropriate to No
Boundaries' profession, against loss due to error or omission or malpractice
in an amount not less than $1,000,000.
E. The City does not accept insurance certificates or endorsements with the
wording "but only in the event of a named insured's sole negligence" or any
other verbiage limiting the insured's insurance responsibility.
F. Any deductibles or self-insured retentions must be declared to and approved
by City. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its elected
officials, officers, employees, agents and volunteers; or the No Boundaries
shall procure a bond guaranteeing payment of losses and related
investigations, claims administration and defense expenses.
G. The General Liability sha11 contain or be endorsed to contain the following
provisions:
i. City, its elected officials, officers, employees, and agents are to be covered
as additional insured as respects liability arising out of work or operations
performed by or on behalf of No Boundaries; premises owned, leased or
used by No Boundaries; or automobiles owned, leased, hired or borrowed
by No Boundaries. The coverage shall contain no speciallimitations on the
scope of protection afforded to City, its elected officials, officers,
employees, agents and volunteers.
ii. The insurance coverage of No Boundaries shall be primary insurance as
respects City, its elected officials, officers, employees, agents and
volunteers. Any insurance or self-insurance maintained by City, its elected
Funding Agreement—No Boundaries Transitional Housing Inc Page 5
officials, offieers, employees, agents and volunteers, shall be in excess of
No Boundaries' insurance and shall not contribute with it.
iii. Coverage shall state that the insurance of No Boundaries shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
iv. Each insurance policy required by this Agreement shall be endorsed to state
that coverage sha11 not be canceled except after thirty (30) calendar days'
prior written notice has been given to City. In addition, No Boundaries
agrees that it sha11 not reduce its coverage or limits on any such policy
except after thirty(30}calendar days' prior written notice has been given to
City.
H. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A-VII.
L No Boundaries shall designate the City of Redding as a Certificate Holder of the
insurance.No Boundaries sha11 furnish City with certificates of insurance and original
endorsements affecting the coverages required by this clause. Certificates and
endorsements shall be furnished to: Risk Management Department, City of Redding,
777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by the insurer to bind
coverage on its behalf. A11 endorsements are to be received and approved by the
City's Risk Manager prior to the commencement of agreed upon services. City may
withhold payments to No Boundaries if adequate certificates of insurance and
endorsements required have not been provided, or not been provided in a timely
manner.
J. The requirements as to the types and limits of insurance coverage to be maintained
by No Boundaries as required by Section 5 of this Agreement, and any approval of
said insurance by City, are not intended to and will not in any manner limit or qualify
the liabilities and obligations otherwise assumed by No Boundaries pursuant to this
Agreement, including, without limitation,provisions concerning indemnification.
K. If any policy of insurance required by this Section is a"claims made"policy,pursuant
to Code of Civil Procedure § 342 and Government Code § 945.6,No Boundaries sha11
keep said insurance in effect for a period of eighteen(18)months after the termination
of this Agreement.
L. If any damage, including death, personal injury or property damage, occurs in
connection with the performance of this Agreement, No Boundaries shall
immediately notify City's Risk Manager by telephone at (530) 225-4068. No later
than three (3) calendar days after the event, No Boundaries shall submit a written
report to City's Risk Manager containing the following information, as applicable: 1)
name and address of injured or deceased person(s); 2)name and address of witnesses;
Funding Agreement—No Boundaries Transitional Housing Inc Page 6
3) name and address of No Boundaries' insurance company; and 4) a detailed
description of the damage and whether any City property was involved.
8. INDEMNIFICATION AND HOLD HARMLESS. Consistent with California Civil
Code § 2782.8, when the services to be provided under this Agreement are design
professional services to be performed by a design professional,as that term is defined under
Section 2782.8, No Boundaries shall, to the fullest extent permitted by law, indemnify
protect, defend and hold harmless, City, its elected officials, officers, employees, and
agents, and each and every one of them, from and against a11 actions, damages, costs,
liability, claims, losses, penalties and expenses (including, but not limited to, reasonable
attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation
costs, and investigation costs) of every type and description to which any or all of them
may be subjected by reason of, or resulting from, directly or indirectly, the negligence,
recklessness, or willful misconduct of No Boundaries, its officers, employees or agents in
the performance of professional services under this Agreement,except when liability arises
due to the sole negligence, active negligence or misconduct of the City.
Other than in the performance of professional serviees by a design professional, which is
addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by
law, No Boundaries shall indemnify protect, defend and hold harmless, City, its elected
officials,officers,employees,and agents,and each and every one of them,from and against
all actions, damages, costs, liability, claiins, losses,penalties and expenses (including,but
not limited to, reasonable attorney's fees of the City Attorney or 1ega1 counsel retained by
City, expert fees, litigation costs, and investigation costs) of every type and description to
which any or all of them may be subjected by reason of the performance of the services
required under this Agreement by No Boundaries its of�cers, employees or agents in the
performance of professional services under this Agreement, except when liability arises
due to the sole negligence, active negligence or misconduct of the City.
The No Boundaries' obligation to defend, indemnify and hold harmless shall not be
excused because of the No Boundaries' inability to evaluate liability. The No Boundaries
shall respond within thirty (30) calendar days to the tender of any claim for defense and
indemnity by the City, unless this time has been extended in writing by the City. If the N�o
Boundaries fails to accept or reject a tender of defense and indemnity in writing delivered
to City within thirty(30)calendar days,in addition to any other remedy authorized by law,
the City may withhold such funds the City reasonably considers necessary for its defense
and indemnity until disposition has been made of the claim or until the No Boundaries
accepts or rejects the tender of defense in writing delivered to the City, whichever occurs
first. This subdivision shall not be construed to excuse the prompt and continued
performance of the duties required of No Boundaries herein.
The obligation to indemnify, protect, defend, and hold harmless set forth in this Section
applies to a11 claims and liability regardless of whether any insurance policies are
applicable. The policy limits of said insurance policies do not act as a limitation upon the
amount of indemnification to be provided by No Boundaries.
Funding Agreement—No Boundaries Transitional Housing Inc Page 7
City sha11 have the right to approve or disapprove the legal counsel retained by No
Boundaries pursuant to this Section to represent City's interests. City shall be reimbursed
for all costs and attorney's fees incurred by City in enforcing the obligations set forth in.
this Section.
9. AGREEMENT INTERPRETATION, VENUE AND ATTORNEY FEES. This
Agreement shall be deemed to have been entered into in Redding, California.All questions
regarding the validity, interpretation or performance of any of its terms or of any rights or
obligations of the parties to this Agreement sha11 be governed by California ]aw. If any
claim, at law or otherwise, is made by either party to this Agreement, the prevailing party
shall be entitled to its costs and reasonable attorneys' fees.
This document, including aIl exhibits, contains the entire agreement between the parties
and supersedes whatever oral or written understanding each may have had prior to the
execution of this Agreement. This Agreement shall not be altered, amended or modified
except by a writing signed by City and No Boundaries. No verbal agreement or
conversation with any official, officer, agent or employee of City, either before, during or
after the execution of this Agreement, shall affect or modify any of the terms or conditions
contained in this Agreement, nor shall any such verbal agreement or conversation entitle
No Boundaries to any additional payment whatsoever under the terms of this Agreement.
No covenant or condition to be performed by No Boundaries under this Agreement can be
waived except by the written consent of City. Forbearance or indulgence by City in any
regard whatsoever shall not constitute a waiver of the covenant or condition in question.
Until performance by No Boundaries of said covenant or condition is complete, City shall
be entitled to invoke any remedy available to City under this Agreement or by law or in
equity despite said forbearance or indulgence.
If any portion of this Agreement or the application thereof to any person or circumstance
shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not
be affected thereby and shall be enforced to the greatest extent permitted by law.
The headings in this Agreement are inserted for convenience only and shall not constitute
a part hereof. A waiver of any party of any provision or a breach of this Agreement must
be provided in writing, and shall not be construed as a waiver of any other provision or any
succeeding breach of the same or any other provisions herein.
Each Party hereto declares and represents that in entering into this Agreement, it has relied
and is relying solely upon its own judgment, belief and knowledge of the nature, extent,
effect and consequence relating thereto. Each Party further declares and represents that this
Agreement is made without reliance upon any statement or representation not contained
herein of any other Party or any representative, agent or attorney of the other Party. The
Parties agree that they are aware that they have the right to be advised by counsel with
respect to the negotiations, terms, and conditions of this Agreement and that the decision
of whether or not to seek the advice of counsel with respect to this Agreement is a decision
which is the sole responsibility of each of the Parties. Accordingly, no party shall be
Funding Agreement—No Boundaries Transitional Housing Inc Page 8
deemed to have been the drafter hereof, and the principle of law set forth in Civil Code §
1654 that Agreements are construed against the drafter shall not apply.
Each of the Parties hereto hereby irrevocably waives any and a11 right to trial by jury in any
action,proceeding,claim or counterclaim,whether in Agreement or tort,at law or in equity,
arising out of or in any way related to this Agreement or the transactions contemplated
hereby. Each Party further waives any right to consolidate any action which a jury trial has
been waived with any other action in which a jury trial cannot be or has not been waived.
In the event of a conflict between the term and conditions of the body of this Agreement
and those of any exhibit or attachment hereto,the terms and conditions set forth in the body
of this Agreement proper shall prevaiL In the event of a conflict between the terms and
conditions of any two or more exhibits or attachments hereto, those prepared by City shall.
prevail over those prepared by No Boundaries.
10. COMPLIANCE WITH LAWS — NONDISCRIMINATION. No Boundaries shall
comply with a11 applicable laws, ordinances and codes of federal, state and local
governments.
In the performance of this Agreement, No Boundaries sha11 not discriminate against any
employee or applicant for employment because of race, color, ancestry, national origin,
religious creed, sex, sexual orientation, disability, age, marital status, political affiliation,
or membership or non-membership in any organization. No Boundaries shall take
affirmative action to ensure applicants are employed and that employees are treated during
their employment without regard to their race, color, ancestry, national origin, religious
creed, sex, sexual orientation, disability, age, marital status, political affiliation, or
membership or non-membership in any organization. Such actions shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation
and selection for training.
11. REPRESENTATIVES. City's Agreement Representative for this Agreement is Laura
McDuffey, Senior Housing Specialist, '777 Cypress Avenue, Redding, California 96001,
telephone number (530) 225-4236, fax number (530) 245-7160, email
lrrz�d�ff�v(a��it��#'r�ddi��.�ar�, "7"7'7 Cypress Avenue All of No Boundaries' questions
pertaining to this Agreement sha11 be referred to the above-named person, or to the
representative's designee.
No Boundaries' representative for this Agreement is Christine Cage, President, 1'703
Kenyon Drive, Redding California 96001, telephone number (530) 20&7552, email
noboundaries25 c(t��gmail.com. A11 of City's questions pertaining to this Agreement sha11 be
referred to the above-named person.
The representatives set forth herein shall have authority to give al1 notices required herein.
Funding Agreement—No Boundaries Transitional Housing Inc Page 9
12. NOTICES. All notices, requests, demands and other communications hereunder sha11 be
deemed given only if in writing signed by an authorized representative of the sender(may
be other than the representatives referred to in Section 10)and delivered by facsimi]e,with.
a hard copy mailed first class, postage prepaid; or when sent by a courier or an express
service guaranteeing overnight delivery to the receiving party, addressed to the respective
outlined in Section ll. Either party may change its address for the purposes of this
paragraph by giving written notice of such change to the other party in the manner provided
in this Section.Notice shall be deemed effective upon: 1)personal service; 2)two calendar
days after mailing or transmission by facsimile, whichever is earlier.
13. AUTHORITY TO AGREEMENT. Each of the undersigned signatories hereby
represents and warrants that they are authorized to execute this Agreement on behalf of the
respective parties to this Agreement; that they have fu11 right, power and lawful authority
to undertake all obligations as provided in this Agreement; and that the execution,
performance and delivery of this Agreement by said signatories has been fully authorized
by all requisite actions on the part of the respective parties to this Agreement.
When the Mayor is signatory to this Agreement, the City Manager and/or the Department
Director having direct responsibility for managing the services provided herein shall have
authority to execute any amendment to this Agreement which does not increase the amount
of compensation allowable to No Boundaries or otherwise substantially change the scope
of the services provided herein.
14. DATE OF AGREEMENT. The date of this Agreement shall be the date that it shall have
been signed by the City.
Funding Agreement—No Boundaries Transitional Housing Inc Page 10
IN WITNESS W EREOF;'City and No Boundaries have executed this Agree�nent on the days
and;year set forth below:
CITY OF REDDING,
A Municipal;Corporatian
Dated: _,20
By: BARRY TIPPIN, City Manager
ATTEST: APPROVED AS TO FORM:
BARRY E. DeWALT
City Attorney
SHARLENE TIPTON, City Clerk By:
CONSULTANT, A Nanprofit Public
Benefit Carparation
� . `rv�
Dated: ,20�'� �� ��.�'� �
By; Christine Cage,PresT e -No Bound�ries
Transitional Housing, Inc.
Tax ID No.: .82-0969989 '
Funding Agreement=No Boundaries Transitional Housing Inc Page`11
Exhibit A
No Boundaries shall provide the services at the time,place and in the manner specified within
this Exhibit.
SECTION 1. EMERGENCY OCCUPANCI' SERVICES
No Boundaries will operate the Project as detailed in this Agreement for at least ll6
homeless adults. No Boundaries sha11 provide a support system of multiple resources and
specialized services coordinated to assist guests in obtaining and maintaining stable
housing and self sufficiency.
A. Eligible guests are homeless adults, over the age of 18, who have documented
homeless status within the City of Redding,including from the Masonic/Lost Lane,
Linden/Mercy Canyon, and Progress/Technology Way encampments.
B. No Boundaries will follow agreed upon policy outlined below and track all those
turned away for not meeting criteria.
o Individual must reside in City of Redding for a minimum of 15 days to
establish residency.
o Tndividuals must provide verification of residency with one of the following
methods: picture I.D. with City of Redding address; proof of mail service in
City of Redding; entitlements received in City of Redding(food stamps, SSI,
Unemployment Benefits, General Relief etc.); receiving medical or Mental
Health Care in City of Redding, ASOC or other provider; recent utility bill
in City of Redding.
C. No Boundaries' first priority is to take individuals into the Project referred by the
City of Redding's Crisis Tntervention Response Team (CIRT). No Boundaries'
second priority is to take referred individuals through the NorCal Continuum of
Care (NorCal COC) Homeless Management Information System (HMIS) and
Coordinated Entry, a centralized service that people experiencing homelessness
access to obtain a referral to Emergency Housing and/or be placed on a centralized
housing list. A11 new guests entering the program must have a referral from either
CIRT or Coordinated Entry that is valid within the past 30 days and present in
person at the emergency occupancy for intake and verified eligibility. In addition
to ensuring all guests meet program eligibility requirements, No Boundaries will
utilize the Vulnerability Index, a standardized assessment tool utilized by the
NorCal Continuum of Care, to ensure the most vulnerable are served. When
emergency occupancy is at capacity, eligible individuals will be placed on a
waitlist which No Boundaries shall maintain.
D. No Boundaries will have subcontractors or staff on site, at the emergency
occupancy,at all times.The paid subcontractors or staff wi11 have the responsibility
Funding Agreement—No Boundaries Transitional Housing Inc Page 12
for intake, assessment, data collection, life safety monitoring, crisis intervention,
and daily shift/activity logs.
E. No Boundaries will have a Lead Program Manager who wi11 have the responsibility
of overseeing intake, assessment, data collection, life safety monitoring, crisis
intervention, and daily shift/activity logs.
F. Services will include a 24 hour/day, 7 days per week program that provides a
support system of specialized case management services to connect clients to
resources and help resolve homelessness.
G. In addition to emergency occupancy, No Boundaries will provide case-
management and information and referral services. The program will include:
� Three meals per day. Any prepared food will be handled, served and stored
under sanitary conditions that meet required health standards, including all
environmental health laws and regulations regarding preparation and service.
� Laundry services. Sanitary procedures will be established and maintained for
washing clothes and maintaining emergency occupancy facilities.
• Blankets, sleeping bags, and linens to guests as needed,maintained clean and
free of parasitie infestations.
� Cots or beds, clean and well maintained.
� Restrooms and showers during operating hours. At a minimum, hot water,
clean towels, soap and shampoo must be provided for daily showers. No
Boundaries will provide other hygiene necessities, e.g., toothbrushes,
feminine hygiene products.
H. No Boundaries must develop an individualized assessment and referral plan for
each client. Such plan must include a comprehensive needs assessment. This
assessment will then be used to triage and subsequently appropriately case manage,
refer and connect clients to various programs across the entire spectrum of care in
our community. This desired model will require knowledge of all programs serving
homeless individuals,as well as close,collaborative relationships with the provider
community. It is desired that the services listed below are coordinated through case
management:
• Permanent housing
� Primary health services
� Mental health services
• Alcohol and substance abuse treatment
■ Mainstream benefits programs
� Veterans' services
� Employment services
• Probation and Parole services
� Collaborative Courts
Funding Agreement—No Boundaries Transitional Housing Inc Page 13
I. No Boundaries sha11 have written case management procedures and fonns that
include the following:
� A comprehensive needs assessment. The goal of a com�prehensive assessment
is to determine the client's medical, physical, mental, psychosocial, and
emotional health; substance use, domestic violence, education, and
employment history; housing readiness; and legal and financial
circumstances; and strengths and needs.
� Referral procedures. No Boundaries shall establish referral and follow-up
procedures to confirm all referrals made to other services. Documentation of
referrals made and referral confirmation must be maintained in client files.
� Mainstream benefits.No Boundaries shall establish procedures for screening
participants at program entry and intake for eligibility for mainstream
benefits, particularly relative to Supplemental Security Income (SSI) andlor
Social Security Disability Insurance (SSDI), and must assist participants in
applying for mainstream benefits for which they are eligible.
• Employment Development/Placement Programs. No Boundaries shall
establish and maintain effective working relationships with employment
progralns and shall assist clients in participating in services to prepare for and
obtain housing.
• Progress notes. No Boundaries shall implement a process for follow-up
contacts for six (6) months (e.g., phone calls, office visits, etc.) with those
clients that have achieved successful housing placement goals, and
adequately document the follow-up contacts in the client files.
J. Responding appropriately to emergencies, No Boundaries shall call 911 when
appropriate and report all emergency incidents to the designated City of Redding
Agreement Representative immediately. Additionally,No Boundaries will provide
a hard copy,Incident Report and will include any other supporting documentation.
K. A nighttime curfew policy wi11 be created and guests will be encouraged to abide
by the policy. No Boundaries, subcontractor or staff wi11 keep record of those
guests who show a pattern of violating the policy. A list of individuals will be
developed to ensure that anyone who has been deemed inappropriate for services
by the No Boundaries wi11 be assessed before future entry.
L. After hours entry wi11 only be available to personnel who may bring an individual
to the emergency occupancy for services if bed space allows.
M. No Boundaries must maintain a visitor log requiring a11 visitors to sign in and out
when entering and exiting the Project.
SECTION 2. EMERGENCY OCCUPANCY LOCATION
A. No Boundaries shall obtain exclusive right to occupy by virtue of a lease or other
similar legal obligation with property. Owner provides up to 66 (sixty-six) rooms
consisting of about 116 beds at motel locations within Redding, CA (Premises).
Funding Agreement—No Boundaries Transitional Housing Inc Page 14
The No Boundaries shall operate emergency occupancy services detailed under
item A. Emergenc.�pancy Services at this location.
B. The Lease of the Premises shall commence on the date this agreement is signed by
the City and sha11 continue for six months or upon a declaration of the City of
Redding that use of the premises is no longer necessary to protect the life, health
and safety of the public, whichever occurs first and unless otherwise terminated in
accordance with the terms and conditions of this agreement.
C. Room payments shall be based on the daily room rate of FORTY-SEVEN AND
00/100 DOLLARS ($47.00) per room during the term of this Agreement. Owner
shall provide a monthly invoice to the No Boundaries based on each room to be
occupied, multiplied by the number of days to be occupied in that month, and then
multiplied by the daily room rate. No Boundaries shall provide this verification to
the Agreement Representative for payment as specified in this agreement.
D. No Boundaxies sha11 ensure that the Owner, at Owner's sole cost and expense, sha11
furnish normal and standard hotel operation functions including but not limited to
the following services, utilities, and supplies and also to the °common" building
areas (if any) such as lobbies, elevators, stairways, corridors, etc., if any:
1. Sewer, trash disposal, and water service, including both hot and cold water
to the lavatories.
2. Elevator(if any) service.
3. Electricity and/or gas as necessary to provide power for heating,ventilating,
and air conditioning, and electrical or gas service as needed for County's
operations.
4. Linen/terry cloth and laundry services.
5. Standard hotel housekeeping/janitorial services at not less than every three
days.
6. Toiletries including, shampoo, conditioner, soap, toilet paper, and tissues.
7. Pest control for any pests that may negatively affect the health, safety and
peaceful enjoyment of the Project by participants.
In the event of failure by the Owner to furnish any of the above services or utilities
in a satisfactory manner, the No Boundaries may furnish the same at its own cost;
and, in addition to any other remedy the No Boundaries may have.
E. During the term of this Occupancy Agreement, the No Boundaries sha11 maintain
the occupied premises in good repair and tenantable condition and sha11 be
responsible for any damage to the units from occupancy of the units under this
Agreement.
F. If the occupied premises are totally or partially destroyed by fire or other casualty,
this Agreement may terminate at the sole discretion of the City.
SECTION 3. CONDITIONS
Funding Agreement—No Boundaries Transitional Housing Inc Page 15
The parties agree that the intent of this Agreement is for No Boundaries to provide
emergency occupancy and services 24 hours a day, 7 days a week for up to 116 (one
hundred sixteen)beds for homeless adults at the specified Premises.
A. No Boundaries sha11 provide all services consistent with this Agreement.
B. No Boundaries agrees to participate in community meetings as requested by City,
including the monthly Shasta Advisory Board of the NorCa1 COC meeting
presently being held at Redding City Hall, located at 777 Cypress Avenue,
Caldwel]Park Conference Room,second floor,the second Tuesday of each month.
C. No Boundaries shall provide at least one (1) management level representative to
attend einergency occupancy stakeholder meetings as requested by the CITY.
D. No Boundaries must participate in the Shasta Advisory Board of the NorCal
Continuum of Care and identify one staff inember to act as HMIS liaison.
E. No Boundaries will post, and at entry to the program will provide to each guest, a
copy of rules of conduct and consequences for violations. Grievance policy will be
posted for guests to view.
F. City retains the right to enter the Premises and other portions of the Premises at
any time.
G. No alcohol, weapons, illegal drugs or cannabis are permitted in the building, with
the exception of law enforcement which are lawfully entitled to carry weapons as
part of their duties.No Boundaries will provide a secured cabinet in which to safely
secure any guest property deemed to be questionable as a potential weapon. Each
guest, upon entry, will be questioned as to whether they are in possession of any
of these prohibited items. Those guests will have an opportunity to secure or
dispose of said contraband prior to entry into the facility. Additionally, a visual
assessment of each person and possessions will be done by staff to ensure
compliance. Any subsequent violation of said rules will result in eviction and
placement on the list identifying evicted guests.
H. No Boundaries sha11 allow law enforcement access to the facility, guest 1ist, and
any other nonconfidential information at a11 times.
I. No Boundaries and No Boundaries' officers, agents, and employees shall observe
all security regulations/instructions issued by City.
J. No Boundaries wi11 perform 4 interior security checks every hour 24 hours/day, '7
days per week and 1 perimeter security check every hour during daylight hours, 7
days per week.No Boundaries will ensure that no loitering shall be permitted in or
around the emergency oceupancy site.
Funding Agreement—No Boundaries Transitional Housing Inc Page 16
K. No Boundaries shall provide sufficient subcontractors or staffing to provide the
services set forth in this Services Agreement. No Boundaries agrees to have
subcontractors or staff on site at all times that is trained in Basic First Aid and CPR,
lVlental Ilealth First Aid & Screening, and drug and alcohol recognition training.
A11 staff must be trained within the first year of hire.
L. No Boundaries warrants that it is knowledgeable of and in compliance with
California Government Code Section 8350 et seq.regarding a drug free workplace.
M. No Boundaries will provide a written critical incident report to the Agreement
Representative within 48 hours of any incident involving law enforcement, fire or
paramedic response, violence, major theft, and on-site drug or alcohol use.
N. No Boundaries will perform monthly evacuation drills with documentation
available to Agreement Representative upon request.
O. No Boundaries will ensure the health and safety of guests and staff by having a no
violence policy. Acts of violence are grounds for immediate expulsion and
condition of return to the program is a case conference and safety evaluation of the
staff and residents.
P. No Boundaries wi11 provide accommodations in response to Public Health
emergencies, including adequate space to isolate those exposed or infected with
transmittable diseases, and engagement in Public Health regulatory measures.
Q. No Boundaries will submit any significant changes to policies and procedures
related to emergency occupancy operations to City for approval prior to
implementation.
R. Fair Housin�The Fair Housing Act (42 U.S.C. 3600, et seq.) prohibits
discrimination in the sale, rental, and financing of housing because of race, color,
religion, sex, handicap, familial status, or national origin. Section 804(ca), as
amended, makes it unlawful to make, print, publish, or cause to be made, printed
or published, any notice, statement, or advertisement, with respect to the sale or
rental of a dwelling, that indicates any preference, limitation, or discrimination
because of race, color,religion, sex,handicap, familial status, or national origin, or
an intention to make any such preference, limitation, or discrimination. A failure to
display a Fair Housing poster as required shall be deemed prima facie evidence of
a discriminatory housing practice (24 CFR Part 110.30).
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Funding Agreement—No Boundaries Transitional Housing Inc Page 17
Funding Agreement—No Boundaries Transitional Housing Inc Page 18
Exhibit B
SECTION 1. PAYMENT PROVISIONS
Summary cost reporting documentation must be submitted with invoices and all back up
documentation retained for five years.
No Boundaries will be paid in accordance with the total budget stipu]ated as follows and subject
to an limitations and s ecifics contained in this A reement and s ecific re ulations:
Project Cost Amount
Room Rental ($47/night x 66 rooms x 182 $564,564
nights—January—June 2024)
Total $564,564
Payments will not be made by City on an invoice unless the previous month's data has been
submitted by No Boundaries and approved by City.
This budget is subject to modification with approval of the City Agreement Representative, not
to exceed the total payment amount as indicated in Section 2 of the main Agreement.
No Boundaries agrees to provide City with reports that may be required by County, State or
Federal agencies for compliance with this Agreement including and not limited to:
1. No Boundaries is required to enter each resident ar provide to City Representative the
requested HMIS, Coordinated Entry or Project paperwork as shown in Exhibit C. This
includes a completed a valid release of information from the program participant so that
information may be inputted into HMIS within three days upon entry and exit. Failure to
input or provide complete, accurate and timely client and program information into HMIS
may result in payment delay. No Boundaries acknowledges and agrees to any training
necessary to accurately enter data into the HMIS and Coordinated Entry systems. The
�-IMIS and Coordinated Entry systems are maintained by United Way of Northern
California. United Way's contact information is 3300 Churn Creek Rd. Redding, CA
96002, 530-241-7521.
2. No Boundaries shall submit monthly reports to the Agreement Representative using the
required City format and the Homeless Management Information System (HMIS). No
Boundaries will provide monthly reporting on requested data outcomes and demographics
by the Sth of each month.
3. No Boundaries will track the following performance measures, which are the minimum
goals for emergency housing operations and are subject to change at the discretion of the
Agreement Representative based on evidence-based practices for the population served
and recommendations of the U.S. Department of Housing and Urban Development:
Funding Agreement—No Boundaries Transitional Housing Inc Page 19
• Number of clients transitioned into transitional or permanent housing, and the type
of housing received;
• Number of clients with self-disc]osed mental health, physical disability and/or
substance use;
• Number of clients who complete a needs assessment and case management plan;
• Number of clients who exited with employment income;
• Number of clients who exited with public benefits;
• Number of past clients who had transitioned to housing and returned�o the shelter;
and
Number of clients on a waitlist to receive emergency housing.
4. No Boundaries may be requested to provide reports out of HMIS to Agreement
Representative.
5. No Boundaries shall provide client specific data as requested by City.
6. No Boundaries shall enter into an agreement with the Owner as specified in Exhibit A.
Funding Agreement—No Boundaries Transitional Housing Inc Page 20