Loading...
HomeMy WebLinkAbout _ 9.2(b)--Presentation by United Way to provide an update on the Mark Street Emergency Housing Site � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: Apri12,2024 FROM: Steve Bade, Assistant City ITEIVI NO. 9.2(b) Manager ***APPROVED BY*** n � t��� ; s' �r 3r2(i!��??4 rS' �P�it�,C�i ��t t� �f��J{��� sbade@cityofredding.org btippin@cityofredding.org SUBJECT: 9.2(b)--Consider United Way's Mark Street Emergency Housing Site Presentation and Pro ert Sublease Extension. Recommendation Receive a presentation from United Way of Northern California (United Way) on its Mark Street Emergency Housing Site located at 3211 Mark Street; and authorize the City Manager to extend the term of the Property Sublease with United Way (C-9664) for six months thereby terminating on December 31, 2024. Fiscal Impact If the lease for the Mark Street Emergency Housing Site (EHS) site is extended, staff wi11 partner with United Way of Northern California (United Way) to identify grant funds and other resources for supportive services on the site. Any City of Redding (City) grant resources identified will be brought back to City Council (Council) for consideration. There is no impact to the General Fund. Alte�native Action Council may choose to not extend the lease at the Mark Street EHS and the EHS wauld be closed at the end of June 2024 or modify the lease term to a longer or shorter period of time. BackgNound/Analysis The United Way's Mark Street EHS, known as the South Market Microshelter Community, is located at 3211 Mark Street. This property is owned by the Redding Area Bus Authority (RABA), leased to the City of Redding and in turn, subleased to the United Way for its EHS operation. This EHS site began operation in March 2023. Report to Redding City Council March 28,ZOZ4 Re: 9.2(b)--Presentation by United Way to provide an update on the Mark Street Emergency Housing Site Page 2 On June 30, 2024, the United Way's sublease and the operations agreement wi11 expire - they have expressed their interest in extending the RABA property sublease and the operations agreement. Presently, United Way is improving the E�IS site to include additional temporary buildings for laundry, kitchen clean-up and a shower/bathroom trailer upgrade for the EHS occupants. If the sublease is extended for six months, staff anticipates working with United Way to further analyze the long-term viability of its EHS. Envi�^onmental Review Receiving a presentation and providing direction to the City Manager on future ]ease extensions is not a project as defined under CEQA, and no further action is required. Receiving a presentation and giving direction to staff is considered an exempt activity under N�EPA, 24 CFR §58.34(a)(3) administrative activities. Council P�^iority/City ManageN 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 make better decisions today." • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community." • Public Safety — "Work to improve a11 aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." Attachments Original Property Sublease (12/20/2022) Property Sublease Extension(12/19/2023) Original Contract- EHS Site Operator Contract-First Amendment E T S �, IT U IT A A IF IA 1� EA �E A1� �l'�`�ZS This Prop�rty �ublease {here�nafter r�f�rred tc� as the "Sublease") is �r�tered into by and between the City of Reddin�, a mu�icipal �orporation and general 1aw city, referr�d to in this Sublease as "Subl�ssor" and the United Way of Northern Calzforn�a, a non-profit c�rg�nization, referred to �this Subleas� as"Sublessee." E AS, on July 19, 2�22, the Redding City �ouncil considered and appr�ved a property le�se {C-9448) between Redding Area Bus Authority (RABA} and the City of Redding f�r the BA Mark Stree��roperty located at 3211 Mark Stre�t; W E EAS, the City of Redd�ng is the Lessee of certain real property in th� �ounty c�f Shasta, State c�f Califo�nia, cQmmc�nly referred to as 3211 Mark Street (APN 108-360-026}, described and depicted �n Exhibits A, � and C (hereinafter referred to as the 66Mark Street Property"} which is attached and snade a part c�fthis Subleaseg E AS, the IYSark Street Pr€�p�rt� �s a vacant 1.53-acre property, zoned heavy commercial and Iacat�d tc�the east Qf ti�e BA Maintenance Faci�ity� E AS, in June 2021, the City Co��ii adopted a resolut�on that declared the City has a shelter crisis and su�seq�ently approved Ordinances 2637 and 2b38 thereby a�nending Redd�ng Munzeipal Code �hapter 18.17 and the associated Ad2ninistrative tsuidelines which collectively set forth the requirements and process for the �ity tc� revrew and authorize, through a pe it apprc�ved by the �o�ncil, the establis ent and operation af Emergency Il�using Sites (EHS)a E AS,an EHS provides shc�rt-te ,erraergency,tetnporary hc��sing to not more than 30 individuals using Emergency Sleeping Cabins, as defined in 1�ppendix � of the Californ�a Building Code. Each EHS must adh�re to the Administrat�ve Guide�ines and develop and post Good Neig�bc�r Policies addressing the EHS premises and the i ediate surrounding neighbarhood. W � AS, th� Sublessar wishes to Sublease to Sublessee tha Nlark Street Froperty (as shown on Exhibits A, �3 and C) for the purpQse Qf EHS operations and services; � E AS, the Mark Stre�t Praperty infrastructure has been completed b� the City of Redding, i�ciuding e�ght pallet shelters; and E �iS, the 5�blessee desires to Subleas� frc�m Sublessor the Mark Street Property und�r the te s and conditic�ns set forth in this S�bl�ase as mare particularly described her�in. � N , T E �' q E IT �S L�E fo d and dete �ned that for the mut�al pramis�s contained herein, the Sublessor and Subl�ssee, to�ether the "Parties" hereby agree as � follaws: � ���'��� �`��.��,��`�.,� ��� A TICLE la SU LEr�SE F A S'I` ET P I'E T'Y AN TE F SU LEASE 1.01 , In consideration of Sublessee's pravis�on of the consideratian se�farth in Section 2.01, the Mark Street Property is hereby Sublet fc�r the exclusive purpose that Sublessee sh�ll us� the Mark Street Prc�perty fQr th� sole purpose of c�p�ration of an E�IS. The Sublesst�r and Sublessee agree that the use, €�peration and�naintenance of the Mark Street Property shal� be cansistent�vith th�s Sublease. Except as expressl� otherw�se pravided�n this Sublease, the Mark Stre�t Property inciudes the real property plus any appurtenances and easements described in E�abits A, B and C of this Sublease, and any inlprovements now or hereafter locat�d or constrc�cted on the 1�Iark Street Property. 1.02 Ter of ublease at�d '�r ° �'�n. The te of this Sublease (the "Term"} shall co ence c�n the date this S�blease is executed 6y the �ity and sha11 expire on the date that is c�ne {1) years therefrorn. Sublessee may terminate this Subiease without demonstratiora Qf cause being necessary upan ninety {90) cal�ndar days written notice to Sub�essar at the address set forth �n Section 8.06. �ublessor inay terminate this Sublease withQut demonstration of caus� bein� nec�ssary upon ninety (90) calendar days written notice to Sublessee at tlle address set fgrth in Se�tion 8.06. Sublease shall be �erminated and the Mark Street Property tra�sferred back to the Sublessor in the event that pragrarn fiznding is not secured or if the progr is te �nated far any reason prior to the one-year term, 1.fl3 ,���,Except as pravided in Section 1.02, so l�ng as Sublessee is not in default under any pravision af this Sublease, S�blessee shal� have the �aptio� to extend the Term by a periad of one(1)year. Su�lessee�nay exe�cise such optians by pravidir�g Sublessor written notice of its intent to dc� sc�no later than s�xty (6�)days�raar tc�the expiration af the T�rm (in regard to the s�cQnd aptic�n such notice must he provided no Iater than sixty {60) days prior ta the expiratian of the Te as su�h has been�xtended by exerc�se of the f�rst opt�on}. A TICLE 2. SU LEASE C 11TSI � TI N 2.01 Co�sideratian� Sublessee agrees ta prov�de oversight c�f the Mark Street Praperty and perform the services set forth in Sectian 3.01. As additlonal cansideratian tQ the Sublessor, �he Sublessee's oversight of the praperty will assist the Sublessor with their asset management and be of public benefit thraugh manitoring and maintaining the vaeant praperty through the Term of the Agreement. The Sublessee's property manitorin� and maintenance wiil eliminate laitering, squatting, debris accumulat�an, reduce defer�ed ma�ntenance and the impravem�nts instalied may benefit future dev��o�ament af the property. In addition,the Sublessee's zntention to sublease the Mark Street I'roperty for the aperat�on c�f an EHS is praviding a sacia� s�rv�ce, ta the �ncome-restricted population and wi11 assist the unsheltered pc�pulati�n with housing that will ultimately benefat the co 'ty as a whole. A TICLE 3. USE F A ST ET P E TY 3. 1 q�f rk �treet Pra e . S�blessee sha11 �se the Mark Str�et Prc�perty far the sc�Ie purpas�of oper�tiaz�of an E�IS in accord with the South Market Micro-Sh�lter Cammunity (MSC) Operatic�ns and Services IvIanu�l dated Oetober 2?, 2022, inco�porated herein by this reference. Sublessee shall nc�t us� ar pe zt the Nlark Street Property to be used fc�r any c�ther purpc�se w�thout th�prior vvritten cons�nt af the Sublessor. 3.02 P� ib�tecl 7�e�. Snblessee shall not pe �t the Mark Street Froperty or any portion of the Mark Street Praperly to be used c�r occupied in any rn er or fc�r any purpc�se that is in any way in violat�Qn Qf any law, ordinance, or regulatian of any federal, state, county, Qr local gove ental agency, body, or �ntity. Furthermor�, Sublessee shall not maintain, commit, or permit the maintenance or ca �ssion of any nuisance as now or hereafter defined by any statutory or dec�sional law applicable ta the Mark Street Property ar any part af the�Iark Street Praperty. A. ile in po�session of the Property and in the perfo ar�ce of the consideration set farth herein, Sublessee shall not discriminate against any �mplQyee or applieant for employment c�r r�czpient af s�rvices beca�se of race, colQr, ancestry, �ational origin, religiaus ereed, sex sexu�l 4rientation, gender-identi�cation, disability, age, marzta� status,political affiliatiorz, c�r membership ar non-merrmbership in any organization. 3,03 As i�n ent ar�d S�� eftin . Sublessee shall x�ot assigr� this Suble�se or sublet to any pc�rtion of the Mark Str�et Property without pric�r written consent of the Sublessar's Executive Officer, which shall nQt be unreasonably withheld. Any such assignment or sc�bletting without consent shall be void and, at the opt�c�n of the S�blessor, may terminate this Sublease. A TICLE 4. UTILI"I'IES 4.01 II}uring the term af th�s Sublease, Sublessee sha11 pay or cause to be �azd, prior to delinquency y and a�p a�tilit�es fur�ished to the Mar� Street Property including, �ithc�ut limitatzan, water, electricity and other public utilities. A TICI�E 5. AINTENANCE AI S 5.01 ainten nce b,�Su lessee. a l�uring the term of th�s Sublease, Sublessee shall, at Sublessee's own cost and expense, l�eep and mainta�n the Mark Street P'roperty, a11 improvemer�ts and �11 appurtenances, naw or hereafter �n the Mark Street Praperty, in good order and r�pair and in a safe at�d clear� condition. Sublessee shall rerriove all garbage and rubbish fram the Mark Street Prape�ty on a re�ular basis. lz Sublessee shall da, or c�use to be dane withaut delay, a11 those things which,in the opinion af the C�ty lt�anager, are necessary ar desirable ir�the interest of safety or to maantain the Mark Street Prcaperty and improvements �n �ood repair and appearance. c. Sublessee shall nc�t make c�r cause to be �nade any alteratzans ar improvem�nts to the Mark Street I'roperty without first securing the v�ritten cansent of the City Nlaz�ager. 5.02 ,�urrender of ar S�r��, Pro�r� = All alterations or improvements, except for any EHS service provider installed facilities to the Mark Street Property sha11 becQme a part of the Mark Street Praperty and sha11 rema�n on the 1V1ark street Property at the exp�rat�on ar termination af this Subleas�. At the expiratian or terminatic�n of this Sublease, Sublessee sha11 Ieave the Mark Street Property, along with the emergency sleep�n� cabins, in goad candition, normal�vear a�d tear excepted. A TICLE 6. IN E NITY 6.01 j dennnificati�n. Sublesse� shall inde ify, defend and ht�1d Subl�ssor, and 'zts members, rnanager, officers, agents and emplo�ees harmless frtsm and against all liens and encumbrances of any nature whatsoever which may arise �n the exercise of Suble�see's rights hereunder,and from y and a11 claims,losses,penalt��s,causes of action{including, but nc�t Iimited ta, claizns fflr relc��ati�an assistance, unla 1 or fc�rcible detainer), costs (including, but ncat lirnited to attc�rn�y fees, costs of litigation} or damage arising from Sublessee's use of the Mark Street Froperty, or any act car failure tc� act af Sublessee's agents, employees, or invitees, except those arising aut c�f the sole negligence or willful misconduct of the Sublessc�r, lts officers, agents az�d eznplayees. 6.02 er°°�ans with isabilities Act,As the sole occupant af Mark Street Property, Sublessee sha11 inde ify, defend and hold Sublessor harmless from any and all cost, expense, liability, or obl�gatic�n that may arise, or be im�aosed e�n the S�zblessee, Sublessor, or the Mark Street Pr�perty under the ericans�ith Disabilities Act of 1390, as naw in effect or hereafter amended, and a11 rules and r�gulations issued under that Iaw (collectively referred ta as the "ADA"). Wztho�t lirr�itati�r� af the foregoin�, Sublessee shall be s�lely resporzsible fc�r compliance with any of`the fallowin� requirements of the ADA that may be applicable, and all cost and expense re�ated thereto: barrier removal to ensure that members o�the public with disabilities have access to the Mark Street Praperty and all serv�ces�rovided thereon;providing auxiliary aids and services when necessary to remave comn�unicatian barriers fc�r membe�s of tl��public with disabilities; and campliance wi�h the AI�A Accessibility Guidelines when perfarming any alterations, renovations, or remodel�, or when otherwise requir�d hy lacal, state c�� federal authc�rities. This indemnificatian shall �nclude the defense of any action or proceeding {including the payment of attorney's fees and court costs) brought against Sublessar by any agency, individual or class Qf individuals,alleging violation c�r nan-complianee with the ADA, and payment c�f any liabzlity arising out c�f sueh actians ar proceedings. ARTICLE 7. ANIA�E 7.01 e or oss. Sublessee, as a material part of the considerat�an ta Subles�ar, hereby assumes aIl risk of damage to its property or injury to persans in ar upan the Mark Street Property. Sublessee her�by rel7eves Sublessor, and waives its entire right o� recavery against Subiessor, for lass ar damage arising out of ar incident ta the use af the Mark Street Property, wh�ther due to the negligence �f th� Sublessee or their respective age�ts, emplQyees and/c�r contractars. A TICLE $. INSU NCE 8.02 Covera�e, Unless modified in writing by City's R�sk Manager, Subless�e sha11 rnaintain the following noted insuranee dur�ng the durat�on of the Sublease: a. Insurance S�rvices Office form nt�mber CG-0001, �c�mmercial t3eneral Liability Insurance, in an amount not l�ss th $1,Q00,000 per occurrence and �2,00O,OOQ general aggreg�te for b�dily inp ,p�rsanal injtz� an�prop�rty d age; b. The City daes not acc�pt 3nsurance certificates or endorsements with the wardin� "but only in the event c�f a named insured's sale negligence" or any other verbiage limiting the insured's insurance responsibil�ty. Any deductibl�s or self-insured retentions must be declared to and approved by City.At the optic�n �f the City, either. the insurer sha]1 reduce ar eliminate such deductibles or self- insured retentions as r�spects the City, �ts elected afficials, officers, employees, agents and volunteers; 4r the Subless�e sha11�rocure a bond guaranteeing payment af losses and related investigations, claims administrat�Qn and def�nse expenses. The General Liabilit� shall contain or be endorsed to contain the following prc�visions: c. Czty, its elected �fficials, offcers, employe�s, and agents are to be covered as additional insured as respects liability arising out of wc�rk or operations performed by or on behal� of Subiessee; premzses gwned, leased or used by Sublessee; or automobiles owned, leased, hired or borrowed by Sublessee. The coverage shali cantain nQ speciallrmitations on th� scope af�ratectian afforded ta City, its elected officials, officers, employe�s, agents and vc�lunteers. d. The �rzsurance coverage of Sublessee shall be primary �nsurance as respecfis City, its elected of�cials, afficers, employees, a�ents and volur�teers. A.ny insurance or s�1f- insurance rnaintasned by �ity, its elected officfals, offcers, e�ployees, agents ar�d volunteers, shail be i�1 excess of Suble�see's i�surar�ce and shall nat contr�bute with it. e. Coverage sha11 state that the �nsur ce af Sublessee shall apply separately to each insured against whom clarm is �nade or suit is brought, except with respect ta the limits of the insurer's liability. f. �ach insurance policy req�ired by this Sublease sha11 be endarsed to state that coverage shall not be canceled e�Gept after thirty (30) calendar days' priar written. notice has been given to Cit�y. In add�tion, Sublessee a�rees that it shall not reduce its coverage ar Iimits Qn a�xy such pol�cy except after thirty (30) calendar days' �rior writt�n notice has been given to City. g. Insurance is tc� be placed with insurers wlth a c ent A.It�1. Best's rating af no less than A-VII. � �ubl�ssee shall designate the City of R�dding as��erti�cate Holder af th�insurar�ce. Sublessee sha11 f�arnish City wit� certificat�s of insuranc� and oraginal endorsements effecting the cQv�rages requi�°ed by this clause. �ertificates and endc�rsements shall be fiirnish�d te�: Risk Management Department, ��ty of Redding, 777 Cypress Avenue, Redding, CA 96Q01. The certificates a�d endorsements for each insurance pc�licy are to be signed by a person authorized by the insurer to bind c�verage on its behalf.All endorsements are t�be received and approved by the City's Rzsk Ivlanag�r priar to t�e commencement of contraeted services. City may withhc�ld payments to Sublessee �f adeq�ate certif cates af insurance and endorsements required have not be�n prc�vided, or not been provided�n a timely mariner. g. The requirements as to the types and limits af ins�x°at�ce covera�e to be maintained by Sublessee as required by Article �.01 af this Sublease, and any approval of said insurance by City, are not intended to and wi11 r�ot in any marmer limit or qualify the Iiabilities and obligations otherwise assumed by Sublessee pursuant to this Sublease, including, witl�out limitation,prc�visions concerning inde if catzQn. h. Ifany policy ofinsurance required by this Sectian is a"c�aims made"poliey,pursuant to Cc�de Qf Civi1 Procedure § 342 and Gove ent Cade § 945.6, Sublessee s11a11 keep said insurance in effect for a per�od ofeighteen(18}months afier the terminatzon of t1��s Contract, z. If any damage, including death, personal injury or property damag�, c�ccurs in connection with the performanc�ofthis Sublease, Sublessee sha11 immediately notify C�ty's Risk Manager by tele�hc�ne at{53Q}225-4Q68.No Iater than three(3}calea�dar days after the event, Sublessee sha11 submit a wrltten report to City's Risk Manager containing the fQllowing infc�rm�tion, as applicable: 1) name and address of in�ured or deceased person(s)q 2} name and address af witnesses; 3) name and address of Sublessee's insurance company; and 4) a detailed description of the damage and whether any City property was �r�volved. A TICLE 9. ISCELLAl�IE US 9.01 In the event of a breach by Sublessee af any af the terms of this Sublease, a11 rigllts of Subless�e hereunder shall c�ase and te inate, and in addition to all other rights it may have at law ar in equity Sublessc�r may take possesszon of the Mark Street Property without notice, arid may remove any and a11 persans therefromF and may alsa cancel and terminate this Sublease; ar�d upon any sueh caneel�ation, a11 rights of Sublessee in and to the Mark Street Property shall cease and terminate. 9.02 �'c�rce Ma' ured Except as otherwise expressly provided in this Subl�ase, if the perfarmanc� of any act requ�red by this Sublease tc� be perfarm�d by either Sublessee or Sublessar is prevented flr delayed by reason�f any act of God,strike,lockout,labor trauble, inabxlity fio secure mat�rials, �r any other cause (�xcept financial anability} not the fault of the party required tc�perfc�rm the act,the tim� for perfc�rmance of the act wi1l be extended fo�a periad equivalent to the period of delay and performance of the act during the periad �f delay will be excused. However, nothing cantain�d in this Section sha11 excuse the prompt delive�y of the consideratia� set fortl�in Sectian 2.01 and 3.OI as required by this Sublease or the perfnrmance of any act rendered difficult or impossible solely because of the financial conditian af the party required ta perform the act. 9.03 �tfarnev Fees. In any dispute between the Suhlessee and Sublessor, wheth�r ar not resulting in litigation, the prevailing party shall be entitled to rec�ver fre�rcn the other party all reasanable costs, including witho�at limitation, reasonable attarriey's fees. "Prevailing party" sha11 include vdithout limitation, a party whc� dismisses action for specific p�rfo ance ox far dama�es in exch ge for sums allegedly due, perfo anc� fQr covenants allegediy breached or consideration suhstant�aliy equal tc�the relief sought in the actiQn,ar which rece�ves frc�m the oth�r p ,in ea ection w�th any dispute,p�rfornlance substantially equival�nt to any c�f these. 9.44 �overn• I.aw. This Suhlease sha�I be go�erned by and construed rn a�cordance with the Iaws of the State of California. Any clair� ar Iawsuit pertainin� to this Sublease shall be filed and Iitigated c�nty in the Superior Caurt of Shasta County, State of Cal�fomia. 9.05 Possessot°v Int�rests. Pursuant to R�venue and Taxatian Code Sectican 107.6, Sublessee is advised that this Subiease may cr�ate a possessory interest subject to taxatian. Sublessee is respansable for the prorr�pt payment af a11 taxes relation to its exclusive possession c�f the Property and shall prc�mptly remit a11 such t��s when due. 9.06 , .Any nc�tices required to be giver�under this Sublease shall be in writing and shal� be deemed praperly delivered, g�ven or served when persanally deiivered to the Sublessee or Sublessor, or ir� lieu of such}�ersonal service, sent by United States mail, re��stered or certified, return receipt requested, addr�ssed as fallows: SU LESSQ : SU LESSEE: City of T�edding United Way of Narthern Califarnia Attention: Barry Tippin, �ity Mar�ager 1�ttention: Larry Oimstead,President&CEO 777 �ypr�ss Avenue 3300 �h Creek Road Reddzng, CA 96001 Redding, CA �6002 In the evei�t of personal service, nt�tice sha11 be deemed given when personally served. In the event c�f service by mail, n�tice shall b� deemed to have been given seventy-twa ('72} hours after deposit of same in the Un�ted States mazl box in the State of Califarnia,postage prepaid, addressed as set farth above, or upan t�e date af the signed return receipt, whichever is saoner. Either party may change its address for the purpases af this section by giving written nof�ce af such change ta the c�ther party �n the manner provided in this s�ction. 9.07 'rd-P v�3e e"�� rzes Ir�tended> Un1�ss specifically set fc�rth, the parties to this Sublease do not intend ta provzde ar�y other party with any benefit ar �nforceable Iegal ar equitable right or remedy. 9.08 �'art�ai Invaliditv. If any provisian of this Sub�ease is held by a court of campetent �urisd�ction to be �ither invalid, vo�d, or �nenforceable, the remaining provisions af this Sublease shall re�nain in full force and effeet unimpaired by the holding. 9. 9 ntir� Sublease. Thzs Sublea�e, which �ncludes all exhibits attached hcr�to and in�or�orated by reference herein, cc�ntains alI the representations and the entire understanding and agreement between the parties pertair�ing to the use of the Mar�Street Praperty and any other matters co ected therewith. All car�espondence, memoranda, or oral or writt�n agreements pertain�ng tg the �1ark Street Property �r the parties hereto, which�riginated befare the date af this Sublease are�u11, void and nc� Ion�er in farce and with no effect,and are�°eplaced zrs to�al�vith this Sublease a�nless otherw�se�xpressly stated in this Sublease. 9.10 Headin�,��.,,,I2eference and �Ta�n�,�nd Sev��l,�'ll ltv. The tit�es and headings of the vazious Sections of this Sublease are intended salely for conven�ence of reference and are nat intended to explain, modify or place any p�avisions of this Sublease. Mascutine and femin�ne,or neutral gender and the singular and the plura�number shall each be considered to include the other whenever the context so requires. If either party consists c�f rr�are than one person, each such persan shail be�Q�nt1y d severally Iiable. 9.11 No Par ee,�;ecl Drafter. In the event c�f a dispute between any of the par��es hereto over th�meaning of this Sublease,no party shall be deemed to have been the drafter hereof, and the principle of Iaw set forth in Civil Cc�de �1654 that cantracts are construed against the drafter sl��ll not apply. 9.12 �Yaivers and��dment�. AIl �vaivers c��'the provisic�ns of this Sublease must be in writing and signed by the apprc�priate authorities af the �ublesse� or Sublessor, and a11 ame�dments hereto must be in writin� and �igned by the appropriate authorities of the Sublessee and the S�blessor. However, endments which do not r�sult in a substantial or functional change ta the original intent of the Sublease and do not cause an increase to the amaunt payable under this Sublease shall be deelned"minor amendm�nts"and may be agr�ed ta in writing between the City Manager and United Way. 9.13 ,�•' . Each Qf th� u�dersign�d signator�es hereby represents and warrants that they are authorized to execute this Sublease on behalf af th�respect�ve parties to this Sublease, that th�y have full right, power and lawful authority to undertake a11 o�ligatians as provid�d 'zn this Sublease; and that the execution, performance and d�livery Qf this Subl�ase by said signatories has been fi.z1ly authorized by all requisite actians on the part of the respective parties ta this Sublease. 9.14 ,ffectiv Da,�e �af S�bi�a�e. The Effective Date of th�s Sublease As the date it is executed by the City, as nc�ted in Section 1.02. AIN E121DF THIS PAGE LEFT BLANK S�T LES� � Y� -� �� ,.� ���, ��,.� f ,� ���d' � m" %� Michael nacauisto, Mayor ATTEST: APP QVE AS T F . _ �� ; � i ,���' PA E A I , City r� E. L , City A.ttorney SU LESSEE ,, � ;��,�� � Dated: `��`�M ��� �°``� LA �Y C1L STEA , Un�ted Way af Northern �alifornia Exhibit A—Legal Deseription Exhibit E� —�,Qcation Map Exhibit C - Site Plan E I IT 'A' LEGAL DESCRIPTI01'� The 1 d des�ribed herein zs situated in the State of California, �Qtanty o�Shasta,��ty ofl�edding> describ�d as fo�laws: Lats 1,2 and 3,Biock 7,as shown c��t�e Ilslap taf A�ta Subd�v�siQn, fil�d�n the�ounty Recorded Apri129, 1939 �n�aok 5 of Maps at Pag� S3, Shasta Co�znty Records, A.P.N. 10�-3�q-426 E IBIT ' ' LC)�ATION MAP ___ _ � � � �� ��— � ���, _. �� . � _ __. �� � --- �� � �'��zn� � - _. ��'R,q���� — s� �- _ ., � �. ' , , ��`'. � "� � � o ''� , ��- � � , z, 1 �� �` v- . ___ �, , , � , , i — � � � �� � � _ 4 �c � � — , . � �'a,��,����'� � �,, � _ -- _� , � � - �� � 1 � �, - , rn, __. � ��,� p �, , ' , -� T,, �___ �� ' . � � i- -j m , - I _ -� ,_ � � k" N i _, . _. : ..., .__.., t . ,� : , ' — �, i �. __ � _ � }�— � C � � ..._ ., � ; - ; ,. P G:;. � k � S ^� , � . �O : . , . .Q„�' � f ,, ; � ,. .._ .,�..._v , v _., � , _ - � ',. % '� �' U�' . �� - -- � � ELLIS ST __ �,� � ¢��� _ - _ � � i� a Q� � yi � �, �_ , �. � � �, � � � - -- , _ „ � I � -�i — � � ' �r " � ' � - s � � � � ¢��,`' _ i � - �� � �LCts Sp � o �_ �� ; , ,_ - _. �� p � .___. �,,.P�t� 1 �, 1. I. , '� � . � . � � _ � ' , .... _ i � __�-._ ..�_ :__ _ . _i , GEARY ST _._ ' - - t � � i �.. ~ __ -_ _. _ ` v� _.. ' i � ""�...��.�... . .._....___ ��' � —i_ � . _. . ... . _ �_ � , ; , _��. ! _� ; � � _ t -- -� " �—`� �� � , , , � , . . _� � � N .�.��.'�.i QI�I�I�� i (1' /'+��f(�I'� �p p MTG.DATE: INFORMATIONTECHNOLOGYDEPkRTPAfNT iau�� � !'\F"� � � DRTEPftODUCE�: �q�^.p-p ITEM: SEP7EM&ER27.2tt22 sy��c.,,e7'����E�..����I�� S a =qa aooF�� 3219 MARK STREET . ���,���'��Q-��� AT�fACHMENT: P.iHct�singSPmPra?edet3291_NWtkSY�ocetionMe�.ap�x E I IT 'C' SITE PLAN �������, � �` _ ����� <�,, � ��� Ernergenc�r Shelte�r�abins �`�, ����,> 3221 PStlark SYreet Site °.E � �,�fi,„4 �„. � . � o-� �;�. �•w.. � � k. � �, *�oOdlarids ; ��, i ��;� � ; � ��. s r � ; � �;�. $�,. � � �� ' a�'a `"� t � �� ; � �� s - �t� ���� ��� � Pallet Norne � a -_ Hase*bibs(5) ;a� , � � StafFTrailer a � � Dumpster � � � �Dog ftun , Porta Fatty �:��;AD#Forta Potty �' {� -....,.a rw;c=.,��tc Parking �; �'�— ��`'�^�.�"t72x`���*.� ��„�� �Covered Camman Area � Storage Trailer �°= v i rt �� Pawer pole wJligfiting ;r �' Water mainf�ack-flow� — -- w Mec� Ellis St. AMENDMEN'F T(J THE SUBL�A��'�I'I'l�UNITED WAY �F NCIRTHERN �ALIF(JRI�IIA��=�664) �'h� Fr�p�rty� �ub�ease betwee;n tl�e �ity of Redd"zr�g arid Unit�c� Way �af Northern �ati�"orz�i�: for th��rurpe�se t�f o�eratin,�th�:Mark�'tre�t �zn�r�er�cy Hc�uszng Site("��b��ase")dated Jarzuary 13, 2�2� b��we�� �he City ��" Re+�c�ir�� ("�ubl�ssc�r") and LTnited Wa� of �Tc�rther� Ca1if��°nia ("�ublessee") is herel��y �m�ndec�as fr�lic�ws; �ec�io� 1,02. is��reby amer�ded tr�read in its entir�ty as foll�wv�: Tl�e terrn of this S�l�lease 1���,� ;,`Term"} shall cc�mmenc�on the d�te this Subleasc zs exe�c�ted by the�ity and sha11 ex���,�;��'' ���'��,�2(}24� S�blessee may�erminate t�is Sublease witht�ut zr u�t �t,ri, fliS,,4Y44 �emc�nstratlon of��;���`�eing ne����;�upc�n�ir��ty{90)ca�endar days w�itten nr�tice t� �ublessc�r at th�}f��E�j 'ess set farth in �����n 8.Q6. Sublessor may terminate this Sublease�it�t�ut de�nc�ns�r�tlo���'��ause��being neces�a���pon ninety(9�}}cal�ndar days written notice t� Sublessee at t�,'�',��ddress set forth ir�S�'°t��n 8.06. S�blease shall be terminated and ti�e Mar� Stree�Prc� er� ,',�ansferred back to th;e``�Fiiblessor in the event that ro ram'fundin rs not secured 1� �� P g � � � c�r ifthe pragr `�it�s terminated for any reasc�n pric�r tc�the c�ne-year term. , �+����� �ectioz� 1,03 sha11£'����}��,{'����r fc���'�}{=�t�r`������� �`�"a l�tr.vi�z�ifztt � r�4$t7 7tj } t t t ; ��r '� j �;�'r t 4 t� ��r ,�u Ali other t�rzns �nd candifiions c���,��S�blease s�';�,��rezna�� i� fu11 fc�rce and effect. }{�! �t;�'� '�}a��}{3f= t } T�e Effective I�ate c�f this A�i�e����nt sha�1 be4���'ciate e��cut�d by the Cit��. `�jti�r�tss xr}i�` i� t��ti��`� i f��'�17i y �� 7ttt}}�};�t���{sr�t�yti �tt�ttai<�i�,tit �� '`,�tt >„nt���tti','.,t,I4r,ssiiu�s`�' li�Ixt$ ��fErvl t f �( 4�s7is� i�l J� � �f�J{� .!��i�����1�\J./.G14.�V.C` �.E;ll�.7.0:li���1��f��1�.E'.t11.E�� r�JJ}r�����,[` 1 .[]rLt��,l).... � i t st�t}��t{{rs3 i�; t�(1 �� � ��t� �p�.Yitr3ts�� � :t �ii�t� � t{Sa{Iz��r t yA�1;>t y �({� t ��t�s t'� t{�IfF ytt 3 �„j�}�r�{j 1h`� �at3r 1�}.� jy �t�J 1 S4'r�� t�t t tf 543�+<' 3}{�t ftt�11 E},�� Fti�i4�7,�� ti�3{F�� ������. �� �{`��t�i3� tit.,�t���.�� ' Sf�i��i. ,�t`�Lt�t.�r+.t, � li t�t a #�` �tTst �st��ti� � ���4tlt }f�y��{}�tj��.. f f } t i k Ii � 7�2<a,r,' �;t{t�}� i iil�tt�(i�,r}42(i�`�' � t�}�i`` �'iY';;i7�}f�'�' � {j t${ f+{�S t ! �}{� 4 t tiiUt�{j}�r „* t 71 r t}y{ }r��t{ ti{�iy'�tt .. ����....��1V'�'�� ��`�e 4 �` � � Po� Amendment to the Unite�W�y co�}tracti C-9&64 �N �II`I`I�IES� WF�EREC)F, the City and the I�e�e�c�per have executed fihis Amer�dment �€� �he A�reezner�t c�r�t�e respective c�ates s�t farth be�c��r: Cit�c�f Reddin�;a m�nicipal t�c�rp�arafiion ��� � � ��� w. � I)�Ye: ` , �...� � . � ._ � �° �� „��, ��� �3y. �3arry ` in ty Mana.g�r ATTE�T: ' ' �� AI'PRC?�ED A� TC}F(JRM: t 1;�jjJ 4 tt��t43s1}s��, is �f # tt Ei tt fif42 �����t„�F, 1 �x�t�isv{�}" '� Ft'�t�sztts�� � Kti�: �,�'� ��l S � t�� t;'�i t`�t t ��$} 'Tx} �� �r�� � °� y � ft�1� x � � � � � �, ' �� ��� ��1 ��, ;� s� � { .� � �.�� �� �,.�°�harlen�,�,j�pton, C1�3j Cierk ����': Barry�. e alt,; ity A tomey t3t � �� r t � � „r1t �x ���� t�''t�'`t �4 e� �� r £�z i t�E�aL�ttit�ri � r{$sti:{Y�{{} itt�t�s�45j 15' �} !k rrr 1;� s �t� tt -��yym■ . r� �y.�-y.y� y�'/^���^wyy �yp �}� js:t�?;tS�a�.l i}S{}j�st i�3,fY��+i,'�} �1� � ��+'1��.? Ctt1V31"�iVil� Il✓41i1�11G1+���1W�i���. ` �E i{t„ {k{t 4 a t t� t>��tt t,<'��� >3 t7{}t�. ��s {tf f ��� #j�t � { � � iz; ti$FS�t��. �`�f . � ^«��w,.„�,�»��;�' f 1 E Y{f fF�F}t � �l�f�t il 7 t . ..... �. �:.. . 't'����`, ; By I� y f,�� �t� '��Preszde�t, C�tJ-- CJnited���a� fE}{,$$ �'��`�4t ��1...�`���������+iJ;�{£+ ;ilt s t;i �y u E s ) � C v2a;a�?a13. �i {rt�t�yyc�,y+,� ' t S .�� fi�fr���l � <E� � t t }.t4i` /� �c��L��t��ax� 7`�".�.�G�1�I���it;`t4{}t �� t�#3 t I 2 i s :t �x{20{� t � ) r tt. St �� s7 tisa.7{��� ��7f1�isr ��t���;��� lt�+j7 s.,r i t��isi�r}s�; � fs��jti t)t� { �1��I4fS tr�,,, yS�'�{�tt � � t }k�t�ttl?� i r<�� � � f t s ,§< r t{�F s t y�,}��`.r{ �'�1 . st t tuf£t,,a;J`'` .�i�{�yy t�. � ��a �t f s t`�y'r � la k7 rtsf r f2{F �sf 4�5��,`a:f,4�'����� U t t k r?`�'r� tfti 4� tiij;�f� � � ��,� t y ;t�r� t tt �i�,iS f�,�t���,,,�,e.t. it�{��x i���t 3�,���`" { it ��t �� t �`ax���l }ty�t,��i`�r t�rt t f.. tst }�rr;t,.,, t 7>.{v,iU.�;. Amendmient to t�e�,�nited Way contract C-9664 CIT� OF I2EDDING CONSITLTING AND PR(JFESSIONAL SERVICES CONTRACT THIS CONTKACT is made at Redding, California,by and between the City of Redding("City"), a municipal corporation, and United Way of Northern California("Consultant"}f�r the purpose of operating the Emergency Housing Site (`BI3S") located at 3211 Mark Street,Redding, Califarnia. WHEREAS, City does not have sufficient personnel ta perform the services required herein thereby necessitating this Contract for personal services. NOW, THEREFOKE, the Parties covenant and agree, far good cansideratian hereby acknowledged, as follows: SECTION 1. CONSiTLTANT SERVICES Subject to the terms and canditions set f'orth in this Contract, Can�ultant sha11 provide ta City the services described in Fxhibit A,attached and incorporated herein. Co11su1tant shall provide the services at the time,place and in the manner specified in E�ibit A. SECTICIN 2. COMPFNSATION AND REIMBURSEMENT t)F COSTS A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in E�ibit B, attached and incarporated herein, in a total amount nat to exceed �150,000. This sum includes all aut-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Cantract. Thc payments specified herein shall be the only payments to be made ta Consultant for services rendered pursuant to this Contract. City and Consultant agree to amend Section 2A oFthis cantract as needed, if and as future funding for this project become available. B. Consultant shall submit manthly invaices to City for work completed ta the date af thc invoice. C. All correct,com�lete and ulldisputed invoices sent by Consultant ta Gity sha11 be�aid within thirty (30) calendar days of receipt. SECTION 3. TER:M AND TERMINATI4N A. Cansu�tant shall commence work in early 2023. Pursuant ta Ordinance 2637, the term of any E�IS is limited to one year and may be considered for renewal by notifying th� City Manager in writing 90-days prior to the one-year tenn expiration. `I he one-year term will be based on the first day of operation as deemed by the City Manager. � � � Consulting and Professional Serviees Agreement Page 1 ������ �� ������� � �� B. If Consultant fails to perform its duties to the satisfaction of City, ar if consultant fails to fulfill in a timely and professional marmer its obli�ations under this Contract, then City shall have the right to terrninate this Contract effective immediately upon City giving written notice thereof ta Consultant. C. Either Party may terminate this Contract without cause on thirty (30) calendar days' written notice. Notwithstanding tlle preceding, if the term set forth in Section 3.�. of this Contract cxceeds ninety (9�) calendax days in duratian, Consultant's s�1e right to terminate sha11 be limited to termination far cause. D. Consuitant hereby ackn�wledges and agrees that the obligation of City to pay under this Cantract 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 Courzcil, City may terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its illtention to terminate. In the event of a tertnin�tion pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments duc over the term of this Agreement. The Parties acknowledge and agree that the pc�wer to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutianal provision supe�sedes any law, rule, regulation or statute which conflicts with the provisions of this Section. E. In the event that City gives notice of termznation, Consultant shall promptly provide to City any and all finished and un�nished reports, data, studies, photographs,charts or other wark product prepared by Consultant pursuant to this Contract. 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 Contract, City shall pay Cansultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant sha11, not later than ten {10} calendar days after terininatian of this Contract by City, furnish ta City such financial information as in the judginent of the City's representative is necessaiy to determine the reasonable value of the services rendered by Consultant. G. In no event shall the terminatian ar expiration of this Contract be canstrued as a waiver of any right to seek rem.cdies in law, eqtlity ar otherwisc for a Party's failure to perform each�bligation r�quired by this Contract. Consulting and I'rofessional�ervices Agreement pag�� SECTION 4. MISCELLANEQUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Gonsultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. B. Pursuant tv the City's business license ordinance, Consultant shall obtain a City business license prior ta commencing work. C. Cansultant represents and warrants to City that it has all licenses, permits, qualificatians and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants ta City that Cansultant shall, at its sole cast and expense, keep in effect ar obtain at all times during the term of this Contract any licenses, permits and approvals that are legal�y required far Consultant to practice its profession. D. Consultant shall, during the entire fierm of this Contract, be canstrued to be an independent cantractar and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, assaciation, joint venture relationship,trust or partnership or to a11ow City ta exercise discretion or control over the prafessional manner in which Consultant perfarms under this Contract. tlny and all taxes imposed on Consultant's incozne, imposed ar assessed by reason af this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant sha11 be responsible for any taxes or penalties asse�sed by reason of any claims that Consultant is an employee of City. Cansultant shall 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. F. No provision ofthis Contract is intended ta,or shall be for the benefit of,or construed t� create rights in, or grant remedies to, any person or entity not a party hereto. F. No portian of the work ar services ta be performed �nder this Contract shall be assigned, transferred, conveyed or subcontracted without the priar cvritten approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Cantract with the prior written appraval of Ci�y. Independeszt cantractc�rs and subcontractars sha11 t�e provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcantractors comply with the same and agree to be bound by its terzns. Consultant shall be the responsible party with. respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its cantractors and subcontractors as City's Risk Manager shall determine to be necessary. G. Cansulta��t shall furnish City with quarterly reports pertaining to the wark or services undertaken pursuant to this Contract, the costs or obligations incurred ar to be incurred in connection therewith, and any ather matters cc�vered by this Contract. Consulting and Professianal Services Abreement Page 3 H. Consu�tant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertainzng to this Contract 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 autharized representative of City. Consultant shall retain such recards for three {3} years after the expiration af this Contract, unless prior permissian to destroy them is granted by City. I. Consultant sha11 perform all serviees required pursuant ta this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's prafession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract sha11 be prepared in a prafessional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services cantemplated by this Contract. J. All completed reparts and other data or documents, ar colnputer media including diskettes, and other materials provided or prepared by Cansultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights ineluding, but not limi�ed to, copyright and patent ri�hts, in said documents,computer media,and other materials provided by Consultant. City shall release, defend, indemnify and hold hannless Consultant from all claims,casts, 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 Consultazlt, except for use by City on those portions of the City's praject for which such items were prepared. K. Consultant, including its employees, ager�ts, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the perfonllance of this Contract. Consultant shall comply with all requirements of the Palitical Reform �ct {Government Code § 8140 et seq.) and other laws relating to conflicts of interest, including the following: 1} Consultant shall not make or participate in a decisiall made by City if it is reasonably fareseeable that the decision may have a material effect on Consultant's economzc interest, and 2) if required by the City Attorney, Consultant sha11 file financial disclosure farms with the City Clerk. SECTION 5. INSURANCE A. Unless madified in writing by City's Risk Manager, Consultant sha11 maintain the following noted insurance during t11e duration of the Colztract: Consulting and Professional Services Agreement Page 4 Covera�e Required Not Required Commercial General Liability X Comprehensive Vehicle Liability x Workers' Compensation and�mployers' Liability X Professional Liability(Errors and Ornissions) X I3. Coverage shall be at least as broad as: 1. Insurance Services Office f'arm number CG-0001, Commercial General Iliability Insurance, in an amount not less than$1,0OO,OQO per occurrence and �2,OQ0,000 general aggregate for bodily injury, persanal injury and property damage; 2. Insuranee Services Office form number CA-0001 (Ed. U87), Comprehensive t�utomobile Liability Insurance, which provides for total limits of not less than$1,000,000 cambined single limits per accident applicable to a11 otivned, nan-owned and hired vehicles; 3. Statutary Workers' Compensation required by the Labor Cade af the State of California and Employers' Liability Insurance in an alnount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability palicies sha11 contain the insurer's waiver of subragation in favor of City, its elected afficials, afficers, employees, agents aild volunteers; 4. Professional Liability (Errors and Omissions) Insurance, appropriate ta Consultant's profession, against �oss due to error or arnission or malpractice in an amount not less than �1,000,000. S. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sale negligence" or any other verbiage limiting the insured's insurance respo71s1bility. C. �ny 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 retentians as respects t11e City, its e�ected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expezzses. I�, Th� Ueneral Liability shall contain or bc endorsed to contai� the following provisions: Consulting and Prafessional Services Agreement pag�� 1. City,its elected officials, officers, employees, and agents are to be eavered as additional insured as respects liability arising aut of work or aperations performed by or on behalf of Consultant; premises owned, leased ar used by Consultant; or autalnobiles owncd, leased, hired or borrowed by Consultant. The coverage sha11 contain no special limitations on the scope of protection afforded to City, its elected officials, afficers, employees, agents and volunteers. 2. The insurance coverage of ConsuZtant sha11 be primary insurance as respects City, its elected officials, officers, employees, agents and valunteers. Any insurance ar self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant's insurance and shall not contribute witli it. 3. Caverage shall state that the insurance of Consultant shall apply separately to each insurec� a�ainst whom claim is made or suit is brought, exeept with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract shall be endorsed to state that caverage shall nat be canceled except after thirty (30) calendar days' prior written notice has been given to City. In additian, Consultant agrees that it sha11 nat reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notiee has been given to City. E. Insurance is ta be placed with insurers with a current A.M. Best's rating of no less than �-VII. F. Consultant shall designate the City af Redding as a Certificate Halder of the insurance. Consultant sha11 furnish City with certificates of insurance and original endorsements effccting the coverages required by this clause. Certificates and endo�-sements shall be furnished to: Risk Managernent Department, City of Redding, 777 Cypress Avenue, Redding, CA 9b001. rI'he certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer ta bind coverage an its behalf. All endorsements are to be received and approved by the City's Risk Manager prior to the cammencement of contracted services. City may withhold payments to Consultant if adequate certiticates of insurance and endorsements required have not bee�z provided, or not been provided in a timely inamler. G. The requirements as to the types and limits of insurance coverage ta be maintained by Consultant as required by Sectian 5 of this Cantract, and any approval of said insurance by City, are not ilztended to and wi1111ot in any manller limit ar qualify the liabilities and obligations otherwise assumed by Cansultant pursuant ta this Contract, including, without limitation,provisions concerning indemnificatian. Consulting and Professional Services Agreement Page b ��. If any policy of insurance required by this Section is a"claims made"policy,pursuant ta Code of Civil Procedure § 342 and CTovernment Code § 945.6, Consultant sha11 keep said insurance in effect for a period of eighteen(18}months after the termination of this Contract. I. If any damage, including death, personal injury or property damage, occurs in connectioll with the performance of this Contraet, Consultant shall immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3} calendar days after the event, Consultalzt sha11 submit a written repart ta City's Risk Manager cantaining the following information, as applicable: 1)name and address of injured or deceased person(s);2)name and address of witnesses; 3)name and address of Coizsultant's insurance company; and 4) a detailed description of the damage and whether any City prc�perty was invalved. SF+CTItJN b. INDEMNIFICATION�ND HOLD HARMLESS A. Consistent with Califc�rnia Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Sectiall 2782.8, Cansultant sha11, to the fullest extent permitted by law, indem�lify 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, claims, losses, penalties and expenses (including, but not limited to, zeasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigatiozl costs) of every type and description to which any or all af them may be subjected by reason of, or resulting from, directly �r indirectly, the negligence, recklessness, or willful miscanduct of Consllltant, its officers, einplayees or agents in the perfarmance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City. B. Qther than in the performance of professional services by a design prafessional, which is addressed solely by subdivision (A) of this Section, and to�the fullest extent permitted by law, Consultant shall indemnify protect, defend and hald harmless, City, its elected officials, officcrs, employees, and agents, and each and every one of thezn, from and against all aetions, damages, eosts, liability, claims, losses,penalties and expenses {including, but not limited to, reasonable attorney's fees of the City Attarney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of evezy type and description to whieh any or al] of them may be subjected by reason of the performance of the services required under this Contract by Consuhant its officers, employees or agents in the performance of professional services under this Cantract, except when liability arises due to the sole neg]igence, active negligence or misconduct of the City. C. Tl he Consultant's obligatian ta defend, indemnify and h��d harm�ess sha11 not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respoizd within thirty (30) calendar days ta the tender of any claim for defense Cc�nsulting and Professional Services Agreement pag�7 and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept ar reject a tender�f defense and indemnity in writing delivered to City within thirty (30} calenda7 days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably cansiders necessary for its defense and indelnnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City,whichever occurs first. This subdivisican shall not be construed to excuse thc prompt and continued performancc of the duties required of Consultant hereizl. D. The obligation to indemnify, protect, defend, and hold harmless set farth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The p�licy limits of said insurance policies do not act as a limitation upon the amount of indemnificatian to be provided by Contractor. E. City shall have the right to appr�ve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent C.ity's interests. City sllall be reimburscd for all costs and attc�niey`s fees incurred by City in enforcin� the obligatioi�s set forth in this Section. SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATT4RNEY FEES A. This Contract sha11 be dee7ned 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 Contract shall be gaverned by California law. If any elaim, at law or otherwise, is made by either party to t11is Contract, the prcvailing party shall be entitled to its costs and reasonable attarneys' fees. B. 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 af this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. Na verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affcct or madify any af the terms or conditians contained in this Contract, nor shall any such verbal agreemellt or conversatic�n entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Cansultant under this Cantract can be waived except by the written consent of City. �orbearance or indulgence by City in. any regard whatsoever shall not constitute a waiv�r of the covenant or condition in question. Until perfonnance by Consultant of said covenant or condition is complete, City sha11 be entitled to invoke any remedy available ta City under this Contract or by law or in equity despite said forbearance or indulgence. Consulting and Professional Serviees Agreement pag�g D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall. not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience anly and shall not constitute a part hereof. t� waiver of any party of any provisian or a breach of this Contract 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 ather provisions herein. F. Each Party hereto declares and represents that in entering into this Cantract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and cansequence relating thereto. Each Party further declares and represents that this Contract 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. Z'he Parties agree that they are a�vare that they have the right to be advised by counsel with respect to the ne�;atiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice af counsel with respect to this Contract is a decision which is the sole respansibility of each of the Parties. Accordingly, no party shall b� deemed to have been the drafter hereaf, and the principle af law set forth in Civil Code � 1 b54 that contracts are construed against the drafter shall not apply. G. Each af the Parties hereto hereby irrevocably waives any and all right ta trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this�greement or tlle transactions contemplated hereby. Fach Party further waives any right to consolidate any action wllich a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. F�. In the event of a conflict between the term and conditians of the body of this Cantract and those af any exhibit or attachment hereto, t11e terms and conditions set forth in the body of this Contract 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 Consultant. S�CTIDN 8. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, af this Contract shall survive termination of the Cantract. SECTIC}N 9. COMPLIANCE WITH LAWS - N(}NDTSCRIMINATIQN A. Consultant shall c�mply with all applicable laws, ordinances and codes of federal, state and lacal gavernments. Consulting and Professional Services Agreement Page 9 B. In the performance of this Contract, Consultant shall not discriminate against any elnployee 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. Cansultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard ta their race, color, ancestry,national origin,rcligious creed, sex, sexual az-ientation, 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, demation ar transfer, recruitinent or recruitment advertising, layoff or termination, rates of pay or ather fonns of compensation and selection for training. SECTI4N 1Q. REPI2ESENTATNES A. City's representativc for this Cantract is Nicole Smith, telephone number(534} 225- 4336, fax number (530} 2�5-4126. A11 of Consultant's questions pertaining t� this Contract shall be referred to the above-named person, or to the representative's designee. B. Gonsultant's representative for this Cantract is Larry 0lmstead, United VJay of Northern California President and CEO, telephone number (530) 241-7521, fax number (530) 241-2053. z�lll of City's questions pertaining to this Contraet shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTI{JN 11. NOTICES A. A11 notices, requests, dema�zds and ather cc�mmunicatialzs hereunder sh�ll be deemed �;iven only if in writing si�ned by an authorized representative of the sender(may be c�ther than the representatives referred to in Secti�n 10) and delivered by facsimile, with a lzard copy mailed first class, pastage prepaid; ar when sent by a courier ar an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as fallows: To City: To Consultant: 777 Cypress Avenue 3300 Churn Creek Road Redding, C� 9600] Redding, CA 96002 Consulting and Professianal Services Agreement Page 10 B. Either party may change its address for the purposes of this paragraph by giving tivritten notice of such change to the other party in the manner provided in this Section. C. Notice sha11 be deemed effective upon: 1)personal service;2)two calendar days after mailing ar transmission by facsimile, whichever is earlier. SECTIQN 12. AUTHORITY TU CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are autharized to execute this Contract on behalf c�f the respective parties to this Cantract; that they have full right, power and lawful auth�rity to undertake a11 obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract. 13. When the Mayor is signatary to this Contract, the City Manager and/ar the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any anlendment to this Contract which does not increase the amount of compensation allowable to Consu�tant or otherwise substantially change the scope of the services provided herein. SECTION 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. Consulting and Professional Services t�greement p�g�1� IN WITI'JESS WHEREC}F, City and Consultant have executed this Contract on the days and year set forth below: CITY C}F RET}llING, A Municipal Corporation Dated: ,20 .�.�� � By: ATTEST: �PPROVED AS TO FORM: BARRY E. DeWALT City Attorney �"�'��,� � � � �� �� �� � � 4 �. PAMELA MIZE, Ci erk By: CC7NSULTANT � °s Dated: �-�� �.� ,20 � _� � �° ��,� By: ��.���� �;������� ' �� Tax ID No.: 94-I251675 Consulting and Professional Serviees Agreement pag� �,� Exhibit `A' SCOPE (}F SERVICES United Way of Northern California (UWNC} will provide temporary accommodations in micro- shelters, not to exceed thz�ee hundred (300) days in any twelve-month period, for homeless individuals. UWNC will provide tempara�y shelter in eight, single-occupancy micro-shelters provided by the City of Redding at the Mark Street Property, counseling, and other services, as well as eommon areas for residents of the �'acility. U�VNC will provide transitional low-barrier housing oppartunities to adults in a safe, private, and secure enviranment. In accord with the Mark Street Micro-Shelter Community{MSC) Operatian and Services Manual, dated October 27, 2022, the United Way of Narthern California shall establish and provide the following: OI'ERATIONS-ADMINISTRATIVE Staff Requirements.MSC must have sufficient staff on duty at a11 times.MSCs must make provisions ta have on-call staff available. tln an-sitc caretaker will contact an on-ca11 supervisor, if needed. Good Neighbor Policy. Develap and post Gaod Neighbor Policies addressing the MSC premises, immediate surrounding neighborhood, and community: Community collaboratian, mutual goals, safety, property guidelines, code of coizduct, and regular communications. These policies must clearly show provisions for how the MSC actively discourages and addresses excessive noise Ur loitering from MSC residents and athers who may be near the site. Where applicable, the MSCs must demonstrate coordination with other service providers and community partners to address the above issues and their im.pacts. `I'he G�od Neighbor Policies will be submit�t�ed to the CGity for review and approval as part of the permit issuance process. The Host Entity must provide written notification to a11 property owners within a b00-foot radius of the proposed site. Program Palicies and Guidelines. 1) Hours. A11 MSCs must pc�st hours of operation in highly visible locations and at all entrances. If the MSC is open 2417, residents must be allowed access to their possessions and to the facility comman space at a11 times. If access to sleepizzg areas is not available during the day, accammodations should be made to allow access for tllose residents working irregular hours, those who are ill, etc. Specific accomnzodations will be defined in the (Jperations P1an. All MSCs must pravide facilities available to residents for sleeping for a minimum of eight (8} hours. The MSC Manager shall enforce quiet h�urs. Quiet hours axe from 10:O�pm - 7:OOam. "I'hese haurs have been established based on standard residential neighbarhood quiet hours. 2) Curfew. Curfew is l Opm to accommodate work schedules and keep in line with qniet hours. This policy wi11 be consistently enforced. Missing a curfew cannot be a reason for denial of entry or exit unless the late arrival ct�mproinises the health or safety of Consulting and Professional Services Agreement Page 13 other residents or staff, or if the resident's late arrival repeatedly interferes with the rights of other residents to peaceful enjoyment of the facility. 3} Input. The Host F,ntity I'eam shall provide residents with on-going opportunities to provide feedback and make suggestions regarding programming rules. This can be accomplished in a variety af ways including exit interviews, surveys, one - �n - one interviews, resident focus groups, inclusion of homeless or formerly homeless members on the agency board of directors ar subcommittee, having homeless or forinerly homeless peaple trained and hired as staff, and or the creation of a MSC Residents' Advisory Council(Ref:2.D}. In addition ta any ather activities,Host Entity Teams must host"resident optional"meetings once per month and provide at least 24 hours advance notice to residents of the meeting time and location. 4) Health Services Access. The MSC Host Entity Team will encourage �esidents to obtain and maintain health insurance, obtain a primary care provider and access immunization services. This must include publicly posting or otherwise making available information on health-related services. 5} Recardkeeping. The MSC must znaintain thorough and arganized client records, including intake interviews, services pravided, and any grievances or disciplinary action related ta the client. These files may be kept electranically, in physical form, or a combination. MSC resident records must be stored in a secure and lacked area, accessible only to case managers and members of the Host Entity Team. Records should include; demographics, program aperations and maintenanee, residents' individual progress, metrics to measure levels af success, budget and sustainability, partnerships,and community involvement.Recards an MSC inay also wish to include: resident's presence and absence, visitor logs, chole logs and sign - ups, medication 1ogs, services pravided to residents at the MSC, and other records as determined by the MSC Host F,zltity Team. 6} Assessment. A basic assessment that includes an evaluatian of the service needs of the occupant, information about past or current services received and other information necessary to provide services must be canducted or updated for all occupants. 7) Transpc�rtation. Transportation is required tc� help resident's aceess essential services sueh as, colnnlunity-based services, medical services and housing searehcs. Shuttle service and bus passes rnay be utilized. Accommodations must be made far disabled persons who are unable ta access general means of transportation. Universal accessibility to transportatian must be made available, such as RABA, the use af bicycles, or forms of private transportation. SUPPORT SERVICES Case Management and Suppart Services. In order to make maximum use of existing supportive services in the community and partici�ate in efforts to coordinate care across agcncies,the MSC will arrange for professiollal case management services for the residents of their MSC. The agency providing these services must lae registered as a Participating �gency according to the NorCa1 CA S 16 Homeless Continuum of Care's HMIS I'olicies and Procedures manual. Support services include infarmation and linkages to health resources, casc managers, employment opportunities, financial budget education, application assistance for e�ernal serviees and resources, and guidanee in aecessing loeal Consulting anc�Professianal Serviees�greemenE Page 14 community services. Case managers wi11 help each resident to develop a life transition and housing p1an. This plan will help residents identify cha�lenges and provide services for them to choose from in order to gain self- sufficiency and permanent housing. The case manager will help the residents develop a timeline around their goals and identify services and resources that wi11 help accomplish goals. The Host Entity Team will partner with the residents in conducting regular evaluations and updates af their life transition and housing plan. The fallowing case managelnent services must be available to program participants receiving these services. To ensure the consistent delivery of case manageme.nt services, operators must incarporate written case management procedures and forms that include the following: 1) Referral Procedures. Establish referral and fallow-up procedures to confirm participants are connected to services to which they are referred. Documentation of referrals made and referral confirmation must be maintained in participant files. 2) Health and Wellness referrals. Ensure participants are linked to and assisted in aecessing medica�health, mental health, and any needed alcohol and drug services. 3) Mainstream Benefits. Establish procedures for screening participants at pragram entry and intake for eligibility to mainstream benefits.Assisting participants by coordinating the completion and submission of applicatioz�s for public benefits and entitlements (e.g. general assistance, SNAP, SSUSSUI,�eteran benefits)health i��surance benefits (e.g. Medi-Cal, 1Vledicare, Covered California, ete.), and other saurces of financial assistance. 4) Educationllife skills. 5} Employment DevelopmentlPlacement Pragrams. Assessing employment history and goals and assisting participants to e�gage in services that will prepare the individual to obtain employment in callaboration with participating agencies. Hausing�ase Management. Residents must be offered, and are required to participate in, services they need in order to attain and stabilize in permanent housing. Regular case snanagement services must be documented based on the NISCs Record Keeping policy. 1} Development of an individualired service plan based on needs, cireumstances, and market conditions, focused on helping individuals find and keep permanent housing and linkages to other community based supportive services as needed. 2} Creating a referral network for other services and coordinating with other service providers and case managers. 3} Ilousing navigation services to facilitate a match to an appropriate housing placement that connects residents with needed resources, protects residents from tlle stress of navigating housing access, and supports residents iYz managing their own lives within seope of their available resources and abilities. 4} Housing support wi�l include locating the most ap�ropriate housing placement, establishing relationships with private and public owners ai�d rental agencies,assisting with hausing applic�tions and appeals arZd negotiation of rental agreements, facilitating shred housing options, and assisting with the move in process, including identifying resources far basic furnishings, accessibility modifications, or other expenses. Consulting and Pr�fessional Services Agreement Page 15 Database Management System. Within 48 hours of the initial case management meeting, and as part of the case management protocol, data on all residents wi11 be entered or updated in the Hoineless Management and Information System (HMIS), pursuant to the data standards required. Resident filcs will be maintained in accordance with the requirements of(HMIS} operated by the NorCal Cantinuum af Care (NorCal CoC). Workshops and Learning Opportunities. Workshops and l�arning opportunities wil�be offered on or off- site, facilitated by the F�ost Entity or provided by partner agencies or volunteers. Residents wi11 have the opportunity to engage in various workshops and trainings supporting their life transitioll and housing plans. Workshops and learning apportunities wi11 apply to day - to - day life, resulting in long - term sufficiency. The determination of the workshop schedule wi11 be based on the needs of the resideilts and may include (not exhaustive): 1) Skill acquisition: internships, on-the-job training at lacal businesses, workshops, etc. 2) Employr�zent: resume building, and job search techniques. 3} Financialliteracy. 4) Nutrition. 5) Confliet management, communicatian, and relatianship building workshaps. 6) Community service activities. 7) Pet health. The Hast Entity Team will be responsible for the coardination of these services and will pravide a regular calendar of events to residents and partners. ADMISSIONS, NON-DISC�2IMINATION, AND RESIDENT RIGHTS � RI�SPQNSII3ILITIES: Application Pracess. Process to include completion of Applicatzon and Intake Questionnaire, Background Check and References, Reside7lt Cammunity Agreement. Praposed candidates. Prap�sed candic�ates for MSCs will be saught from social service providers such as Hill Country, Empire Recavery, The Goad Ncws Rescue Mission, Visions of the Cross, Shasta Cou�nty I-�IS professionals, Shasta Thrive, Pathways to �IousuZg, etc. Probationary periad. The MSC I�ost Entity Team reserves the right to chaase residents for a11 initial probationary period. Admission. With assistance from the partnering professional case management agency, the MSC will strive to adhere to current Coordinated Entry standards as set by the NorCal 516 Continuum of Care (CoC) with regard to their referral and admission process. AppropriatE m�difications to this standard will l�e implemented based on the specific amenities, capacities, and limitations af a particular MSC site and the needs af its eurrent residents. When there is a vacancy in the MSC, the Host Entity T�am_will work to fill it Consulting and Professional Services Agreement Pa�e 16 with as much speed as an intentional process allows. When feasible, admissions shoulcl be accepted on weekends. 1) A prograzn fee of at least 10 percent of resident's mc�nthly income wi11 be charged to offset fees associated with the MSC. If an applicant does not have income, this is not a reason for denial of entry. 2} Pragram fees are due by the seventh of each month. Denial of Admissions. Dcnial of admission to the facility can be based on the following and is at the discretion of the MSC: 1} Applicant does not meet the basic eligibility criteria for MSC admission (e.g. gendeY, age, homeless status, domestic violence perpetrator, etc.}. MSC with beds designated by funding sources as having additional restrictions (e.g. VA beds that require advance approval by the VA)may deny entry to thase not meeting fitnding agency requirements. 2) �1 restraining order that prohibits admissian to the facility. 3) Documented violent or threatening behavior. 4} Conduct from prior stay at the MSC which puts the health and safety af staff ar residents at risk {e.g. violence, weapons violations, disclasing private information of MSC or residents,and egregious damage to�roperty).If an applicant is denied entrance based on a przor stay,the applicant must be informed of the reason,conditions for lifting the restriction and the right to appeal, including name of contact regarding an appeal and information about the appeal process. S) The applicant requires care and supervision to manage the activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clathes, bathing, walking, and transferring) without the appropriate support available on-site. Upan admission.Residents must be pravided with copies af the fallowing documentation: Resident Rights and Responsibilities, Resident Cammunity Agreement, Storage Policy, Medication Storage Policy, Grievance Response Plan, Emergency Response Plan, Pet Palicy, Notice of Privacy Practices, Abuse Reporting Document, and Drug and �lcohol Agreement. Resident Emergency Information. MSC staff must collect emergency cantact informatitan and informatic�n about health needs upon admissian that inay impact an emergency response. Such infortnation should be kept in a place accessible to on - duty staff in the event of an emergency. Discrimination. Reddin�MSCs sha11 not discriminate on the basis of race, color, religion (creed), gender, gcnder expressitan, age (18 alld over), national origin (ancestry) disability (as permitted within physical limits of eurrent facilitics), marilal status, sexual orientation, military status, or any otller charaet�ristic protected undcr applicable federal or state 1aw, ii1 any of its activities or operati.ons. These aetivities include, but are not limited tc�,hiring and firing of staff; selection of volunteers and vendors, selection of MSC residents, and provisior� of services. We are committed ta praviding an inclusive and welcoming environment for all MSC residents and members of our staff, clients, valunteers, subcontractors, and vendors. Consulting and Professional Services Agreernent Page 17 Resident Rights. 1) Privacy: All paid and volunteer staff will protect the privacy of residents and never discuss private resident information with t�ther residents c�r other staff without the explicit consent and presence of the resident under discussion. Residents wi11 have a privacy agreemcnt to read and have it explained to them verbally befare signing. �11 MSCs must have privacy p�licies which, at minimum, are consistent with Homeless Managernent Infarmation System (I�MIS) privaey and seeurity requirements, make certain that files are kept in a secure location, and ensure that verbal communication of private information is done in such a way that avoids unintended disclosure. 2) Abuse Reporting. The MSC F-�ost Entity Team will complete a sexual harassment prevention training course online. The team will provide residents with procedures and examples for reporting abus�s during their initial orientation. � written protocol tc� report any known abuse to staff wi11 be give to each resident and posted on the MSCs bulletin boards. 3} Participation in Religious Activities. MSCs cannot r�quire participatiozl in religions activities as a condition of receiving ernergency housing t�r services. Religious activities include moments of prayer, the saying of grace before meals, or spiritu�l studies. V�hile these activities are not prohibited, participatiUn in such activities may not be required. 4} Rights. Resident rights must be provided in writing and posted in the facility in high visibility areas. A11 program requirements must be consistent with these standards. Righ.ts must include: a. Residents have the right to be treated with dignity and respect; b. Residents have the right to privacy within the constrictions of the MSC environment; c. Residents have the right to be treated with cultural sensitivity; d. Residents have the right to self- detex�mination in identifying and setting goals; e. All paid or volulzteez staff inembers of the MSC must engage with residents with professionalism and base their service to residents on va�id, informed consent; f. Residents should be clearly informed, in understandable Ianguage, about the purpase of the services being delivered, including residents who �re not literate and or have limited English proficiency; g. Residents have the right to privacy arzd have infarmatian aboui when private information will be disclosed, to wliom and for what purpose, as we11 as the ri�ht to deny disclosure, unless disclosure is required b�y law; h. Residents have the right to reasonable access to records concerning their involvement in the program. S) Non-Discrimination/Reasonabl� Accommodatic�ns. �11 MSCs must have policies on non - discrimination and reasonable accommodation and make reasonable nzodifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities,unless fundainental alteration in tlie nature of the prograzn would result from the acca�nmodation. 6) Transgender Access. All MSCs must comply with the HUD Ru1e on Appropriate Placement for Transgender Persons in Single—Sex Emergency F3ousing Sites and other facilities. Consulting and Professional Services Agreement Page 18 7) Residents' Mail. If an MSC provides mail service, any mail sent or rcceived cannot be interfered with (e.g. staff opening residents' mail, not providing mail to the resident as soon as practical, etc.). Resident Responsibilities. 1) MSC residents are required to participate in the operations and management of their site and in the process of fulfilling their life trazzsition and hausing plan. 2) Residents znust abide by the MSC non- discrimination palicy in their interaetions with other residents. They must show respect for the property of athers and report incidents of theft. 3) Residents must abide by the Weapons Palicy and the Drug and Alcohol Palicy of the MSC. 4) Residents must abidE by all site rules, including but not limited to upholding quiet h�urs, keeping personal and shared spaces clean and orderly, supervising pets, and llelping ta maintain the no-visitors and no loitering polieies. 5) Residents are required to participate regularly in resident meetings to discuss ideas, share concerns, and determine solutions. 6} Residents wi11 notify staff of any needed repairs and will not make any modifieaticans ar rcpairs to shelters or equipment, including but nat limited to lacks, lighting, and smoke detectors. 7} Residents are expected to coaperate and eollaborate in the shared goal of moving all residents toward fulfillment af their life transition and housing plans. All residents will support one another toward a positive exit into the next phase of rccovery, rehabilitation, and ar permanent hc�using. SECURITY PL�N Access. Security measures sha11 be idelltified to safeguard the residents, operatars, staff, and, the surrounding community. Security m.easures may be adapted to fit current needs of the MSC but Tnust include adequate outdoc�r li�;hting. The MSC shall be fu11y feneed with privacy slats, and a11 gates wi11 remain locked outside of business hours, Monday-Friday 4:30am-S:OOpm. I�esidents and vetted staff persans, including staff of United Way of Narthern Califarizia, shall have access to the MSC 24 hours a day, 365 days a year. Individuals who are not residents, staff; volunteers, and service providers of the IVISC, and are not accompanied by a staff person are not permitted to enter the MSC at any time. Weapons. The health and safety of our residents, staff, volunteers, and surraunding community must be prioritized in the context of the MSC. Therefore, weapons may not be stored, transported, or used on-site at the MSC hy residents, their guests, staff, ox MSC visitors. Any weapons that a resident brings on property will be logged and stored in a secure storage area. �Veapons include but are not limited to, pepper spray, mace, knives longer than three inches, bats, clubs, and tasers. All firearms and explosive devices are strictly prohibited from the 1VISC praperty. If the Hast Entity is unable to safely store the weapon,the resident is responsible to locate safe and 1ega1 affsite storage or safely dispase of the weapon before intake into the MSC. Checked weapons will be subject to the MSC Storage Policy. Cansulting and Prafessional Services Agreement Page 19 Visitors and Guests.MSC residents are in recovery and focusing on their program toward a new, sustainable lifestylc. Visitors and guests could be a distraction from this effort and are prohibited from visiting the MSC or its surrounding neighbarhood. Infrequent exceptions to this palicy are permitted at the discretion of the MSC Host F,ntity Team or via eolisultation with the T ead Advoeate. Security Responses. There are three stages of response for maintaining a secure and orderly cnvirc�mnent within the MSC: 1) Stage 1 -MSC Resident Council. MSC Resident Council members are responsible for maintaining order when urgent situations arise. 2) Stage 2 -MSC'��ast Entity 1'eam. When MSC Council members are unable ta gain the cooperation of a disruptive resident,they are to cantact the ap�ropriate person from the MSC Host Entity Tea.m. 3) Stage 3 - Redding P�lice Depa�tment. The Redding Police Department {RPD) is welcome to patrol the MSC as they would any other neighborhood in Redding. In cases where the law is being braken and residents are unable to gain caoperation of the offender,the RPD will be contacted. rI'he previous two stages of response are ta be tried first, if apprc�priate. EXITING PRt�CEDURES Preparations befare departure and follow-up thereafter increases the likelihood of successful transitions from MSCs to more permanent 1lousing options. Over a pexiad of time, case managers, lead advoeates, and other supportive team zzzembers provide services to help residents achieve their individual gaals,which may include recovery, economic and social mobility, and increased quality af lifc, in order to move to more stable housing. Before departure is discussed with case managers and lead advocates, residents should receive assistance with identifying suitable housing optians, campleting appl.ication paperwork, seeking finaneial assistance,and practicing proper conduct when speakirlg with landlords. lVISC responsibilities at the time of resident departure. 1) Special recognition of each resident acknowledging their accamplishments,such as a certificate, festive gathering for celebration, opportunities to share completed goals and future goals, etc. should be considered and implemented as appropriate. 2) �nsure that resident has collected all persolzal belongings, including medieations and any stored/checked items that must be checked out using the Storage procedure Zisted below. 3) Conduct an exit interview with several Host Entity Team members, ta include review of resident's future goals, cammunity resource information applicable to the resident, and follow-up plans between the resident and the Host Entity T'eam. The exit izitervicw should also include opportunity for the resident to provide feedback on a11 aspects of`their MSC experience. Cansu�ting and Professiana] Services Agreement Page 20 Storage of Belongings after Exit. The MSC must provide for storage of belongings after a resident's departure fox a minimum of five (5) working days after the resident's exit. Before exiting, both tlle resident and a representative of the MSC Host Entity Tea�n must sign a document agreeing on the length of storage, clear procedures far residents to reclaim their�aossessions, and an explanation of the t�bandonment pracedures which will go into effect no fetiver than '72 hours past the expiration of the agreed -upon starage period. Freparing the MSC far a new resident. Vacated micro - shelters and persanal storage unitslareas must be cleaned and sanitized before a new resident can move in. GRIEVANCE, INTERVENTION PLAN ANI) INVOLUNTARY DISC�-�ARC'�E Campiaints. 1) When a complaint is ca�use for concern,the MSC Resident Council will meet with said resident and discuss a plan of action to curtail the behavior. Hopefully early intervention will help prevent further and more severe action. 2} In cases of a complaint by one resident against another, a third-party mediator from among the Host Entity Team will meet with both parties{and their Lead Advocates, if d�sired). This mediator wi11 meet with the complaiiiant and the alleged offender to discuss the issue and reach a resolution that is agreeable to bath parties. 3) Whenever possible, residents should discuss and resolve complaints and disputes among themselves or at the Resident Council level. As needed, verbal or written complaints may be submitted to the Host Entity Team or on - call site manager, who will refer to the Consultatian Po]icy to determine next steps. Abuse Iteparting. AlI MSCs mtiist have an abuse reportirlg policy that details cammunal respansibilities to repart sexual, emotional, and verbal abuse and to whom it should be reported. I�his policy inust also explain residents' leg�al dufies to report elder, dependent adult, child or animal abuse and a written pla� and proeess for reportizlg such abuse to the appropriate reporting agency. Rules and Violations. When a rule break accurs, any resident may write an Incident Report and submit it to an MSC Host Entity Team member. � team of at least two MSC �Iost Entity T'eam nlembers must respond within 48 hours with an appropriate level of intervention. Thcse two team members should deliver written notice to the alleged affender. From there, the alleged offender has twa options: 1) Accept the Incident Report with the proposed level of intervention, or 2} Request that the MSC Resident Council provide a date at which they may appeal the decision to the MSC �-Iost Entity Team. Guidelines for Infractit�ns.Leve1 1: Verbal Warni�ig,Leve12: Writtez�Warnin�, Lev�13: Potential expulsion from the MSC by the MS� Host Entity Team pending final meeting with mediator, the resident's lead advocate and one other council member. Documentation. Formal and documented interventian decisions shauld include dacumented discussion by IYISC Resident Council members. Consulting and Professional Services Agreement Page 21 Expulsion. In cases of expulsion from the MSC, where the resident is not an imminent threat to others, the resident to be expelled will be given a reasonable amount of time ta make arrangements for their safety. I\To resident who is not an imminent threat to others will be expelled after $pm. Appeais. 1) Residents may appeal an Incident Repart at a joint gathering ofthe MSC Resident Council and the MSC Host Entity Team. In cases of expulsion, the appeal may i.nclude resident - gcnerated actions for addressing the prablematic behavior that caused their expulsion rather than�isputing the incident. A majority vote wi11 either uphold the expulsion decision or determine an alternative course of action, incorparating suggestions from the resident, the Resident Council, and the Host Entity Team. 2) t�ppeal Process. The MSC Council reads incident report and informs resident af their decision. "I'he accused has a chance to respond and state their case. The MSC Council has a chance to ask questions of the accused. The MSC Council has oppartunity to discuss the details of the incident. A motian is made to vote on whether to "uphold" or "revise" �he Council decision. If a majority vote to revise, a new motion should be made stating a desired revision. Involuntary Exit Reasons. The fallowing reasons may be used as a basis for exit frosn an MSC: 1) Possessian of a weapan at the IVISC. 2} �ssault or other violent behavior at the MSC. 3) Theft at the MSC. 4} Dcstruction of property at the MSC. 5) Restraining order precludes contizlued residence. 5) Resident behaviar endangers health or safety of residents ar staff. 7} Presence of infectious disease that signzficantly inereases the risk of hann ta other residents or staff. 8} Multiple violati�ns of the Drug and Alcohol UselPossessian poiicy. 9) Individual requires care and supervision to man�ge their activities af daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without apprapriate suppc�rts available on-site. Individuals exited due to care and supervision needs cannot be exited to the streets. 10) Refusal of personal property search when probable cause exists. 11) Residents may be discharged for refusing multiple llousing opportunities; however, evidence must be present that MSC staff actively atteznpted tc� engage the resident in services designed to suppart MSC exit to stable housing with consideration given to each resident's barriers to engagement. 12) MSC arc not required tc� hold beds for longer than 72 haurs. If a resident is absent from their bed for'72 hours without appropriate natification to MSC staff regarding absence,the resident may be eXited. Consulting and Professional Services Agreement Page 22 Grievance Proeess. All MSCs must have a written appeal and complairlt policy/protocol that is provided to each resident upon intake and is publicly in a location with high visibility to residents. �t a nlinimum, the protocol must include: 1) The opportunity for residents to present their case before a neutral decision maker (a supervisor or manager who was not directly involved in the incident or situation of the grievance). 2} Accommodation of third-party advocates in the appeal process. Reasonable efforts must be mad� to coordinate with a resident's lead advacate in order to schedule the appeal. 3) A requirement that residents be given a written response to their appeal within a rea�onable time frame. 4) A provisian that when a resident files an appeal, related to hislher ability to stay in the MSC, the occupant may stay in the MSC until the appeal process is completed unless allowing the resident continued residence poses a risk to the health and safety af other residents and or staff. 5) An appeals pracedure that allows residents ta appeal, at a minimum, decisians related to admissions de.ilials for cause, terminations and disciplinary actions. 6) Provisions for providing residents with information about any subsequent appea�s process available through program policies or any funding agency or their respective regulations. Invoiuntary Fxit Requirements. All MSCs must provide a written capy of the procedure for filing a grievance ta the resident when a resident is involuntarily exited. If it is nat feasible to provide the procedure at the time of exit (e.g. the resident is being�removed by law enforcement} this requirement may be waived; however, if the resident subsequently returns to the facility,the grievance pracedure must be provided. A resident may be denied future admission as a result of the circumstances of exit. The resident must be informed of the reason, the conditions for lifting the restriction and the right to appeal, including whom to contact regarding an appeal and infarmation about the appeal process. Unless the resident poses an immediat� threat to the health and safety of ather residents and or staff members, N1SC shauld avoid exitilzg residents at ilight and must be approved by a supervisor if doing so. During hours that there is no supervisor on - site, tllere must be a supervisor available "on-call" to approve discharge decisions. Approval may be given verbally but should be documented in case notes. Abandonment.If a resident has been absent fram the MSC for more than 72 haurs without notice or ec�mmunication with the Lead Advocate or F3ost Entity Team, the unit may be declared abandoned. When a unit has been declared abandoned, at least two (2) members of the MSC Resident Council will remove items from the abandoned shelter. They will document what items are present and place theln in an available storage container or bag that is clearly labeled�Tith the nazne of the farmer resident and the date of the abandanment. These items will then be stared in a separate storage unit until such tiine as the owner retrieves them or 30 days have �assed since the declaration of abandonment. Once items have reached the 30-day limi.t, the MSC will determine the proper disposal of said items during the next MSC F-Iost Entity Team meeting. Abandoned belongings usually should Consulting and Professional Services Agreement Page 23 not be distributed to other residents of the same MSC, but exceptions to this rule may be determined by the I�ost Entity Team. SAFETY PLAN Emergencies and 9-1-1. Residents shall report fires ar other emergencies to 9-1-1. Residents will be rZotified of a fire or other emergency and evacuate based upon the designated evacuation route. A Fire Safety and Evacuation Map lnust be posted on a public notice board in a ct�mmon area. This map must include, at minimum, clear marking of the location of a11 MSC exits, fire extinguishers, and gas/propane shut offs (if any}. A copy af this map will be provided to the Redding Fire Department and updates submitted as needed. Safety Committee. A safety committee shall be formed with representation from the MSC Resident Team and MSC Host Fntity Team. Duties of this com�nittee shall include the following: 1) Development and implementatian of Emergency Response Plas� far the MSC. 2} �versight af fire drills and F'ood Storage Policy. 3} Quarterly safety inspection with attention to trips, slips, and fall hazards. 4) Quarterly testing of all smoke and CO2 detectors. 5) Quarterly testing of a11 extension cords and power strips with an approved circuit tester. 6) Maintenanee of systems and cquipmeiit installed to prevent ar control fires. 7) Maintenance and control of fuel hazard sources. 8) CPR and first aid training, Any advocates, case managers, or MSC staff on site at the time shal� be prepared to assist others and provide emergency first aid, including CPR, in an emergency,take a head count after an evacuation, identify the names and last knawn locations of anyone not accounted for and provi.de them to the �ir�; C7fficial in eharge, provide additional in�ormatic�n or explanation of duties under the plan to residents and volunteers. The following firefighting and fire protectiQn measures wi11 be taken: 1) No open flames permitted onsite. 2) ABC fire extinguishers will be accessible thraughout the MSC. 3) Smoke detectors and carbon monoxid�alarms vvi11 be installed in common buildings and dwellings per City Code and will be inspected to insure they are functional dr�d replaced if they are not functional. Fmergency Vehicle Ingress and Egress.A fire lane with a minimum width of 20 feet will be maintained. A minimum l0-foot setback and right-of-way will be maintaincd between structures c�zi the MSC site. Accessibility. MSCs will can�orm to pertinent requirements af the �mericans with Disabilities Act(ADA)for residents as needed. Beds designated as accessible must comply with federal height and distance standards requiring a mizlimum of 36 inches between sleeping units and a sleeping surface height between 17 - 19 inches above the finished floor. Beds designated as accessible must be prioritized for residents with disabilities. Consulting and Prafessional Services Agreement Page 24 Prt�gram documentation must be provided in forms accessible to hearing-impaired and sight-impaired individuals, upon request. MSCs that provide transportation for residents must also make provisions for residents who need vehicles that are wheelchair accessible. Basic Building Standards and Fire Safety. 1) Facilities must ha�e annual fire inspections conducted by the fire department and conduct regular fire drills. Training must be provided to staff an fire safety. 2) The MSC must have a heating and ventilation system and maintain a comfortable temperature. Emergency Sleeping Cabins will comply with Appendix O of the California Building Code. 3) The MSC shall have a hausekeeping and maintenance plan to ensure a safe, sanitary, clean and comfortable environment. 4} The MSC shall provide each person with access to a single or double occupancy emergency sleeping eabin with a mattress and bedding {a blanket and pillow), a11 of which are clean and in good repair. 5} The MSC shall have a sufficient supply of functionally clean and reasonably private toilets and 1�and wash basins. 6) The MSC should have a sufficiellt quantity of functionally clean and reasonably private bathing facilities with hot and cold running �uater vr will provide for access to bathing facilities at least twice per week through contract ar other means. All bathing facilities must meet the requirements of the Americans with Disabilities Act. 7) The MSC should have laundry facilities available ta residents, or access to laundry facilities nearby or transpartation to laundry facilities will be provided. 8) The MSC shall provide towels, soap, toilet tissue, and feminine hygiene products. Maintenance/Repairs. The MSC Host Entity will be respansible for maintenance and repairs, making use as appropriate of resident participatic�n. Drinking Water. The MSC must pravide access to drinkii�g water at a11 times. C}utlet Access. The MSC must provide access to electrical outlets far charging personal devices such as cell phones and medica�equipment.Emergency Sleeping Cabins must have outlets as required by California Building Code Appendix O. Cleanliness.Bath and toilet areas and other common use areas must be cleaned daily.MSC must have proper trash receptacles that are emptied regularly. Both the interior and exterior of the facility must be free of debris, clutter and unsanitary items, and there must be no obviaus safety risks. Pest Contral. MSC nlust ensure adequate provision of pest control services and must ha�e a protocol in place for the prevention and control of bed bugs and lice. 24-haur notice�nust be provided to residents of pest cantrol activities unless the type and degree of infestatioil requires an immediate response (e.g. bed bugs}. Maintenance/Repair. Facilities must be maintained in good repair. The general appearance of the buildings and surrounding grounds must be we11 maintained and free Consulting and Professional Services Agreement Page 25 from litter and offensive visual cues such as overladen shopping carts. Thcre must be a written hausekeeping and maintenance plan. MSC must post the process far reporting maintenance concerns, acknowledge issues reported within two days, and identify the timeframe for addressing the concern. Emergency rnaintenance items must be immediately addressed. Phone Access. A telephone (land Iine or ce11 phone) must be available to staff for emergencies. Fmergezlcy numbers should be posted by the telephone or otherwise made available to on-duty staff. �Iazardous Materiais. In accordance with established standards, MSC must label all chemicals and cleazling supplies and keep all such materials out of reach af children. Any hazardous materials must be stored separate from food. Entrance/Exits. Exits must be clearly inarked and must be kept clear of blockage and tripping hazards. Steps must have treads or similar accommodation to prevent slipping. Exit signage n�ust be consistent with all applicable codes. Agency Vehicle. If an MSC location rriaintaizls a vehicle used far resident transport, the vehicle must be properly maintai.ned, licensed and insured. All drivers must properly be licensed. Provisions must be made to pravide equal access to transportation services ta disabled residents. FtJOD I�ANDLING AND STORAGE Sanitary Facilities. All MSCs that either prepare and serve meals or pravide areas for residents to prepare and consume their own meals must ensure that a�1 areas used for food storage and preparatian are sanitary. Kitehen and dining areas must be kept e�ean and comply with a11 relEvant health codcs. Donated Food.Pragrams that serve food prepared�ff-site by regular donors must provide donors with a handout that details the requirements for faod preparation. All food daYsors must read and sign the handout to confirm knowledge of the standards and must provide current cantact information. Pragrams are discouraged from accepting faod that has been prepared off-szte by intermittent donors. Meal schedule. Dinner wi11 be provided. Residents are responsible far all other meals. If meals are served, a meal schedu�e mUst be posted. Dietary Modi�catians. If ineals are served or faod is provided for residents to use to prepare their own meals,MSC must make dietary mt�difications and or provide appropriate food optians based on residents' health, religious, and or cultural practices. As feasible, food provided should pxomote healthy eating. Dining Faeilities. MSC must pravide a table and chairs if food is served. Consultin�and Professional�erv'roes Agroement Page 26 Food Allergies. Any snacks and �neals provided should be pravided with reasonable accommodations made for known allergies,including among children residing in the MSC. Providers shauld be asking about food allergies at intake; however, it is the parents' responsibility to infarm the program of children's food allergies. STORAGE OF BF,LONGINGS All MSCs must have a written palicy that is provided upan intake as to what provision is made for securing belongings including what possessions can be held by the program at resident request such as money, medications, and vital documents. Storage of belongings is limited to residents' persanal micra-shelter and izzdividual lacking storage unit. Locks and or keys should be �rovided to residents as needed with the understanding that the Host Entity Team also holds keys and combinations. Persanal belangings that cannot be organized in the micro-shelter or locking starage unit must be stored �ff site. Each resident is responsible to organize and pay for off-site storage of personal belongings. If an MSC holds funds or�ossessions on behalf of residents,this service must be voluntary, the prog�am must maintain a log of items in their possession, and the funds or passessions must be returned within operational hours upan resident's request. Each MSG decides how specifically to make �heir 1og, with consideration to their liability. It is expected that the log would track only those belongings that residents choose to store with the program and not all possessions braught into the MSG This does nat apply to belongings abazzdoned by a person wlzo daes not return to the MSC. In order ta maintain a community free of clutter, each resident is respansi�le for maintaining a tidy unit. MSC must provide lockable lackers, starage trunks or make other accommodations which all�w residents to secure�y store their belangings. Reasonable access by the residents to their belongings must be provided. �NIMAL CARE Pet owners sha11 assume the responsibilities for caring for their animal. Water will be available. Additional provisions may be provided at the site. Some sites may be unsuita�le for pets. Pet owners are alsa �espansible far adtninistering all regular medications to their animal. All pets must be licensed, vaccinated, spayed and/or neutered. Assistance can be provided to help ineet these crite7ia. Thc MSC reserves the right to refuse admittance to animals that appear too aggressive for the MSC to handle. Kegardless af initial presenting temperaznent, enforceznent of MSC rules to reduce the risk of bites and other injuries znust be observed and include: 1} (�ne pet per r�sident. 2} A11 animals should be handled only by their respective owners. No one should handle oz toucll pets other than their awn without the owner's pertnission. 3} �1� animals on MSC property should be leashed or confined(kenneled/carrier} at all times unless in the pet area. Consulting and Professional Services Agreement Page 27 4) All incidents involving aggressive animals are documented in writing prior to removal of the pet from the site. 5) The number of�pets will be detcrminEd 6y site suitability. 6) No pets may be acquired AFTER acceptance inta the MSC, unless otherwise approved through consultation with the lead advocate or case manager, and approval by the IZesident Council. 7} If, at any�ime, the MSC Resident Advisary Coul�cil finds that a pet either poses a nuisance or danger ta athers or is nat properly cared for, the pet znust leave the MSC at the instruction of the 1VISC Resident Council.Residents may ask the MSC Resident Council for assistance in the proper training of their pet. 8) If the resident is off-site without the pet, it must be under the supervision of another willing resident. 9) The owner is responsible for food, pr�per health and care of their pet, and must pick up all solid tivaste for theix pet and properly dispase of it. 10} The owner must keep their pet from annoying other residents either through trespass, barking or any other means. MEDICATIOI�TS AND STAND�RD PRCCACTTIONS The MSC Host Entity Team is not equipped to distribute lnedications, whether prescribed or narcotie. Each site will detel-mine the level af resident inedical needs and follow standard precautions. IYIedication. MSCs may not administer or dispense medication and may not require residents to turn over medication, unless administered by a licensed staff persan as part of an on - site supportive prograni in which an MSC resident is dually enrolled. If an MSC has provisions for securing prescription medications,it must have a written policy that is provided to an occupant upan intake detailing the MS�s and the occupant's responsibility to store, secure and use said medication safely. MSC nlay encourage residents ta lock medications in secure storage areas if made available in order to protect znedication from thef� but may not require residents to t�u�rn over znedication. Standard Precautions. Staff must camply with universal precautions, prope7 sharps disposal and have a �vritten policy in place governing protocols related to standard precautions. Standard precautiaz�s are the minimum infection prevention practices that ap�ly regardless of suspected ar canfirmed ilzfectiozz status in any setting where health care is delivered (hand hygiene, use of perso��al protective equipment (e.g. gloves, masks, eyewear}, respiratory hygiene /cough etiquette, sterile instruments and devices, and clean and disinfected environmental surfaces. First Aid. Basic first aid supplies must be available on-site and accessible to staff at a11 times. Infections Disease. MSCs �re a va�uable partner in public health and, as such, are responsible to report any suspicion of infectiaus disease within the MSC or among residents ar staff(including COVID - 19}to the Shasta County Public Health Line(530- Consultin�and Prafessional Services Agreeme7it Page 28 225-5591 or 1-800-971-1999 - Emergency answering service is available 24 hours a day, seven days a week). An infeetiaus disease which significantly increases the risk of harm to c�ther MSC residents or staff may be a reason for denial or exit. Residents with lice or scabies or exhibiting symptoms of Tubercu�asis (TB} shall be allawed to stay in the MSC unless the disease or infestation cannot be appropriately contained (e.g. due to close quarters of facility), in which case those residents may be exited and referred to a health care provider for treatment. MSC must comply with California Code of Regulations,Title 8, Section 5199,regarding Aerosol Transmissible Diseases (ATD) control and warker and client safety expectations. ALCOHOL, DRUGS, SM�KING& PARAPHERNALI� In order for residents to begin their transition to permanent housing, alcohol and illega� drugs will nat be allowed on- site at MSCs. Smoking.MSCs shall prohibit smoking indaors and reasanable efforts must be made to �revent smoke frc�m entering buildings. No smaking should be allowed within 20 feet of MSC facilities unless this is infeasible due to layout of grounds. MSCs are required to follow any local ordinances regarding smoking in public areas.A designated smoking area and disposal receptacle will be provided at the site. Drug and Aicohal UselPossession. MSCs must have a palicy prohibiting the possession, use, or distributian of alcohol or illegal drugs on the premises. If alcohol or drugs are found, residents should be given the opportunity to dispose of the prohibited substance. Residents returning to the MSC inebriated is not cause for expulsion if they da not disrupt t11e community. Resicients wi11 als�a be offered opportunities�o participate in re,hab programs. A single violation_of this policy cannot be reason for exit unless the violatian compra.mises the health ox safety of other residents or staff. Multiple violations of this policy may be used as grounc�s for exit. Admission, discharge, and service restrictian policies must not be based on substance use or possession al�ne unless as noted above f�or multiple violatic�ns. Drug testing of residents is prohibited unless the testing is part of an agreed upon treatment plan with the resident. Submission to drug testing cannot be a requirement for residency, and refusal to participate in drug testing cannot be the basis for involuntary exit. Being under the influence an-site may not be the basis for discharge. Noncompliancc with treatment or containment measures that endangers other residents may be cause for exit. Legal and Prescribed Narcotics.Residents who are under the care of a licensed physician and have been prescribed controlled substances must notify the MSC Host Entity Team of their possession of these drugs and are responsible to securely lock these substances Consulting and Professianal Services Agreement Page 29 in their private storage at a11 times to prevent theft. I11ega1 sharing of controlled substances with other residents could be grounds for involuntary exit. Search of Possessions. Searches may only be canducted when there is "prabable cause" to believe that the persan has in his or her possession something which may jeopardize the safety of other residents or staff,includi.ng a weapon or illegal material sueh as illegal drugs, or something which is interfering with the peaceful enjoyment of the facility of other residents such as foad that is attracting vermin. If the person does not consent to the search, and"probable cause" exists to search,the person may be given the choice of being exited or being searched. f�l1y other items suspected to have been used for drug related purposes wi11 be dealt with on a case-by-case basis by the MSC Hast Fntity Team. �s per the signed resident agreement, shelters and storage can be inspected upon reasonable suspicion. COUI'LES Couples must agree to abide by the following intervention policy if they have a fa1l-out which results in one person znoving caut of a couple's unit. This must be fi11ed out and signed by the couple during the interview process. "We, (the couple), zn the event of a fall-out resulting in an inability to live together and causing one person to move out of couple housing, wi11 agree to MSC policy that (name) will move out of the couple's unit." Signed and IIE�LTI�AND SANITATION Residents are required ta participate in c]Eaning dutics an-site. Residents are required to maintain basic personal hygiene,includin�;hair,face,body,hand,feet,nail,armpit,ora1, and eye hygiene.Residents struggling with hygiene issues will be offered help to comply ta avoid ramifications of non-calnpliance. Cansulting and Professianal Services Agreement Page 30 Exhibit `B' COSTS Sa�F��rk+�t h+licr�She�E��r��aar�� F+r+�� ��� ���� �r��t��r� ;� rtcaa�!��a��� �c� �tt t� c~ SL�� �x �t�q�e d.d�WB.�b� L#AA���.k..t.k.�6.".... .. ... . ... � { �� t . . .. . . . . . r t ;th�' t`�trf�t i �"r'�ri t 1 � g�'S�i d�4,���rs t�tutr;� @ .$ . $ . . _. .. ;s� ;, t �:sus � ,��� r; i t t a} t131� ul t A� 4�b f 8. iF'� �i l t YU y � f h�$ .pl 4 � ; �' 2�� � �1y{ 'Ri: ±, k v �.. � ;.�S { , cA r;� .,, � .„'#< . ..... .,n2' .,,,.rs ., � .. 4 ? � , �, ...r . .�..t.,<, . , , � a ;,.,: .. .. ,�...�e.�.'...x �c�r�ir�������Tc��l�r,�t���4��� ;��, �r�i��r-���a€���e�c���@��a��l��ea�rta,�c�€��sh�� �:�, F�c�s������"�i��ts��'�sh�t��sc��s �� �tsbal�S�c��€�r�/��car��r�y(2��t�r�r���� ����s{t�ir��s�r}�7� �r�o���} ��� ����at�r��r�e��af��s�rra�s�� �, ��c�r�t ����r�s s���cr� t��s� �2;' �ro��rr��e��h�ro��.�rs�� ���� �� �a����ss�s�"t°����pc�r�����e�(�2�-����.� ���� ��c r ������� � Si rt� ���t�ilbt����`r�stt c�e�� �5t� ���ar� t C[���asr� s�sppl���<�at�r�r � ���s�d �rd�r���ds �R ��c�������r���kis� Sttar� �C�r�a�s � , �2 L ks �>3� P���ic���€�s�2 �ir� � � ���sc� �h�6��s��i.S�k.�nr�srsc��sr���cS �, ���i���i�������c�e�������rj� �i ��r�t � 6..6F.�4'V�S�$.� ... . . . .. . . .. ... . .. . . . . . .. . . b�fi . .. ��'"C€���'.��d:�."$"3� ������9.�� . ... . . . . . .... . . i�i f:.. . .. B��t.4�C5�4.��}��@ b�k����Lk�€[���L���� . . . .. . . . .. . �, ...:. . . . .. ���C"8 �Ce3�E}f � �3f�f3Tt�1��C}t`1 E�dffi��5�����p ��� Q 5��63Ct� ��3Y'!��'�S �� S�ea��i� �e���St�����cs��� ���a�����ss ��<��f� ������c:� �5� ���e�. k� ���3 �rir�C�r����y�@�R���t�c�� �� �f���ty��t�� ?�(3 �.tts�i�Pc3�E�t'������� 2r��t� �t`s��� 4����c�P��l�t�c���� 5>��r� �c�` .��aa r��t�r s�� �x2� ;��, �it�� r€�s����s����1�S s����.��i""E�����,�'�,���� 2��, ��� ��s���r�������������a� r�� r��r��r ��, t�t�t� ��7� �����w��r�c��r�ct�1�/�c�f�'rs����3�r�ti� ��s�� ��.��� �eb"Ct�t�l 3�� ����55 2�3,���i �241�. ��� Consuiting and Professionai Services Agreement Page 31 FIRST AlYIENDMENT TO THE C4NSULTING AND PROFESSIQNAL SERVICES C4NTRACT BETWEEN THE CITY 4F REDDING AND UNITED WAY OF NORTHERN CALIF4RNIA (C-9664) The Consulting and Professional Services Contract between the City of Redding and United Way of Northern California for the purpase of operating the Mark Street Emergency Housing Site ("Contract") dated January 17, 2023 between the City af Redding ("City") and United V4�ay of Northern California("Consultant"} is hereby amended as foilows: Section 3,A. is hereby amended to read in its entirety as follows: A. Consultant shall commence work in early 2023, and this Contract shali expire on June 30, 2024. Consultant may exercise an option not to exceed six {6)months in duration upon approval hy the City Manager. Any request to exercise the aforementioned option or otherwise extend the term of this Contract shall require notice to the City Manager no less than ninety(90)calendar days prior to the expiration of the Contract. Section 12.B. is hereby amended to read in its entirety as follows: B. The effective date of this Amendment ta the Contract(C-9b64}dated 3anuary 17,2023, is the day that it is executed by the City. A11 ather terms and conditions of the Contract sha11 remain in full force and effect. The Effective Date af this Amendment ta the Contract between the City of Redding and United Way of Narthern Califarnia for the purpose of aperating the Mark Street Emergency Housing Site with Consultant sha11 be the date executed by the City. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK � � � First Amendment to the United Way CantracC C-9b64 IN WITNESS WNEREQF, the City and the Developer have executed this Amendment to the Agreement an the respective dates set forth below: City af Redding, a municipal corporatian Date: ��'` �����` ��," ..���� r y: Barry 'p i ' Manager ATTEST: APPROVED AS TO FORM: � � � � ��' By: Sharlene Tiptan, City Clerk $y: Natalia Ebersole, Interim City Attorney CONSULTANT, a non-profit benefit corporatian � �'`a�t � �'' By: Larry Ol stead—President, CEO—United Way of Narthern California. Tax I.D. No: 94-1251b75 Amendment ta the United Way contract C-9664