2024/08/13 City Council Resolution 2024-071RESOLUTION NO.2024-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A CONSULTANT SERVICES AGREEMENT WITH PETALUMA
PEOPLE SERVICES CENTER FOR OPERATION OF THE ROHNERT PARK PEOPLE
SERVICES CENTER
WHEREAS, the City of Rohnert Park staff have identified that there is a community
benefit to providing on -site health and human services to families and individuals living or
working in or near Rohnert Park; and
WHEREAS, on May 24, 2022, the City Council of the City of Rohnert Park directed
staff to pursue options to create a health and human services "hub" that is now referred to as the
Rohnert Park People Services Center; and
WHEREAS, City staff have identified 6800 Hunter Drive as a location for the Rohnert
Park People Services Center and plan to renovate and upgrade the office to prepare the Rohnert
Park People Services Center to open on or after October 1, 2024; and
WHEREAS, Petaluma People Services Center is a non-profit organization engaged
in providing counseling services; and
WHEREAS, once 6800 Hunter Drive is renovated, Rohnert Park People Services Center
will be staffed by service navigators from Petaluma People Services who can assist individuals
and families in accessing needed services; and
WHEREAS, Petaluma People Services Center seeks to enter into a Consulting
Services Agreement for use of the 6800 Hunter Drive or other city facility to provide
counseling services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that the Consulting Services Agreement attached hereto as Exhibit A is
hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby directed to execute
the Consultant Services Agreement with Petaluma People Services Center and any other
documents pertaining to this transaction for and on behalf of the City of Rohnert Park.
BE IT FURTHER RESOLVED that the City Council approves a temporary usage of
funding from the City's General Fund for the City to execute the Agreement with Petaluma
People Services Center and operate any facilities for the purpose of executing that Agreement
until grant funding is received.
DULY AND REGULARLY ADOPTED this 13`h day of g t, 2024.
PARK
H. Adams, Mayor
ATTEST:
Sylvia Lopez Cuevas; -el Clerk
APPROVED
Attachment: Exhibit: A
ELWARD:
AYRODRIGUEZ: SANBORN• GIUDICE: ADAM4S:
(� NOES ABSENT: ( ABSTAIN:507
Resolution 2024-071
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CONSULTANT SERVICES AGREEMENT
RE: Rohnert Park People Services Center
This AGREEMENT FOR CONSULTANT SERVICES ("Agreement") is entered into as
of the 13th day of August, 2024, by and between the City of Rohnert Park ("City"), a California
municipal corporation, and Petaluma People Services Center ("Consultant"), a non-profit
organization, with reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain navigation, consulting, health and human services that
would assist individuals and/or families who are homeless, at -risk of homelessness, fleeing
domestic violence, and require other adjacent qualifying services, for the Rohnert Park People
Services Center; and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3, subject to the terms and conditions of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. Cam. The City Manager or his/her designee shall represent City for all
purposes under this Agreement, except where approval for the City is specifically required by the
City Council. The Senior Analyst Kevin King is hereby designated as the project manager
("Project Manager"). The Project Manager shall supervise the progress and execution of this
Agreement.
B. Consultant. Consultant shall assign Elece Hempel, executive director for
the Consultant, to have overall responsibility for the progress and execution of this Agreement for
Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals as the
City through its staff may determine from time to time, Consultant shall perform the services set
out in the "Scope of Work" attached hereto as Exhibit A and incorporated herein by reference.
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B. Time of Performance. Consultant's services are to commence upon
receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering satisfactory evidence of the required
insurance coverage to City. Consultant's services are to be ongoing for an initial period of one
(1) year ending on June 30, 2025, or for as long the City can allocate funding for the purpose of
providing services outlined in this Agreement. Consultant shall perform its services in
accordance with the schedule attached hereto as Exhibit A. Any changes to these dates in either
this Section 3 or Exhibit A must be approved in writing by the City.
C. Standard of Quality. City relies upon the professional ability of Consultant
as a material inducement to entering into this Agreement. All work performed by Consultant under
this Agreement shall be performed: (1) with due diligence, using its best efforts to perform and
coordinate all activities in a timely manner; (2) in accordance with all applicable legal
requirements; and (3) with the standard of quality ordinarily expected of competent professionals
in Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in
the provision of services under this Agreement. In the event that Consultant fails to make such
correction in a timely manner, City may make the correction and charge the cost thereof to
Consultant.
D. Site Cleanliness and Organization. Tenant shall be responsible for
maintaining the site in a clean and sanitary condition at all times, and this includes, but is not
limited to: (1) disposing of garbage and waste promptly and hygienically in designated
receptacles; (2) taking reasonable measures to prevent pest infestations, including storing food in
sealed containers and promptly disposing of food waste; and (3) the storing of all donated items,
or any other items not deemed to be office equipment, in a space designated by the City.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant, including both
payment for professional services and reimbursable expenses, shall be at the rate and schedules
attached hereto as Exhibit B, and incorporated herein by reference. However, notwithstanding
the foregoing, Consultant shall be required to complete all work identified in Exhibit A in an
amount not to exceed the total cost identified in Exhibit B, and in no event shall the amount City
pays Consultant exceed one -hundred -sixty thousand dollars ($160,000) for the budget year of
2024/2025. The City's payment under this Agreement shall not be deemed a waiver of
unsatisfactory work, even if such defects were known to the City at the time of payment.
B. Timing of Payment.
(1) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation demonstrating work performed
during the billing period and shall conform to Federal Funding invoicing requirements, if
applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty
(30) days after City's approval of the invoice.
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted and unencumbered
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appropriation of the City. In the event the City has not appropriated sufficient funds for payment
of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs
incurred up to the conclusion of the current fiscal year; payment for additional work is conditional
upon future City appropriation.
C. Changes in Compensation. Consultant will not undertake any work that
will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without prior
written amendment to this Agreement. City shall have the right to amend the Scope of Work
within the Agreement by written notification to Consultant. In such event, the compensation and
time of performance shall be subject to renegotiation upon written demand of either party to the
Agreement. City reserves the right to cease funding should it no longer be able to allocate funding
through the City budget for services. Consultant shall not commence any work exceeding the
Scope of Work without prior written authorization from the City. Failure of Consultant to secure
City's written authorization for extra or changed work shall constitute a waiver of any and all right
to adjustment in the contract price or time due, whether by way of compensation, restitution,
quantum meruit, etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums under the
federal Social Security Act, any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no premium or
enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings or
on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a
recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be
in the form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City's request if litigation
is brought against City in connection with Consultant's work product. Unless the action is brought
by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the
preparation and the testimony at Consultant's standard hourly rates, if requested by City and not
part of the litigation brought by City against Consultant.
5. Term. This Agreement shall commence upon its execution by both parties and shall
continue in full force and effect until completed, amended pursuant to Section 19, or otherwise
terminated as provided herein.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
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7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by Consultant under the Agreement shall be vested in City, none of which
shall be used in any manner whatsoever by any person, firm, corporation, or agency without the
expressed written consent of the City. Consultant shall assume no responsibility for the unintended
use by others of such final work products which are not related to the scope of the services
described under this Agreement. Basic survey notes and sketches, charts, computations, and other
data prepared or obtained under the Agreement shall be made available, upon request, to City
without restriction or limitations on their use. Consultant may retain copies of the above -described
information but agrees not to disclose or discuss any information gathered, discussed or generated
in any way through this Agreement without the written permission of City during the term of this
Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for services
in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest Requirements.
A. Consultant covenants and represents that neither it, nor any officer or
principal of its firm, has, or shall acquire any investment, income, business entity, interest in real
property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be affected
in any manner or degree by performance of Consultant's services hereunder. Consultant further
covenants that in the performance of the Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent, or subcontractor without the express written consent
of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any
conflicts of interest, with the interests of the City in the performance of the Agreement.
B. City determines Consultant falls within the definition of "Consultant" under
the Political Reform Act (Government Code § 82048) and FPPC implementing regulations (2 Cal.
Code Regs. §§ 18700.3 and 18734). Within thirty (30) days of this Agreement's commencement
date, Consultant shall complete and file and shall require any other person doing work under this
Agreement to complete and file a Statement of Economic Interest (Form 700) and Agency Report
of Consultants (Form 805) with the City Clerk of the City of Rohnert Park disclosing Consultant's
financial interests.
10. Liability of Members and Employees of City. No member of the City and no other
officer, elected official, employee or agent of the City shall be personally liable to Consultant or
otherwise in the event of any default or breach of the City, or for any amount which may become
due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred
under the terms of this Agreement. To the maximum extent permitted by law, the City shall have
no liability or responsibility for any accident, loss, or damage to any work performed under this
Agreement whether prior to its completion or acceptance or otherwise.
11. Indemnity.
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A. Indemnification. To the fullest extent permitted by law, Consultant shall,
at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and
hold harmless City and any and all of its officers, officials, employees, agents and volunteers
("Indemnified Parties") from and against any and all liability (including liability for claims,
demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys' fees and costs, court costs, interest, defense costs and expert
witness fees) of any nature ("Liability"), whether actual, alleged or threatened, which arise out of,
pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any
fault or alleged fault of the Indemnified Parties.
1. For design professionals (as that term is defined by statute) acting
within the scope of their professional capacity, to the fullest extent permitted by law, Consultant
shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the
City) and hold harmless any Indemnified Parties from and against any and all Liability, whether
actual, alleged or threatened, which arise out of, pertain to, or relate to Consultant's negligence,
recklessness, or willful misconduct, or as may be provided by statute in Civil Code § 2782.8, as
may be amended from time to time.
2. The only exception to Consultant's responsibility to indemnify,
protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active
negligence or willful misconduct of City or its elective or appointive boards, officers, agents and
employees.
B. Scope of Obligation. Consultant's duty to indemnify, protect, defend and
hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel reasonably
satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable by or for Consultant under worker's compensation, disability or other
employee benefit acts or the terms, applicability or limitations of any insurance held or provided
by Consultant and shall continue to bind the parties after termination/completion of this
Agreement. This indemnification shall be regardless of and not in any way limited by the
insurance requirements of this contract. This indemnification is for the full period of time allowed
by law and shall survive the termination of this agreement. Consultant waives any and all rights
to express or implied indemnity against the Indemnified Parties concerning any Liability of
Consultant arising out of or in connection with the Agreement or Consultant's failure to comply
with any of the terms of this Agreement.
C. Consultant's duty to indemnify, protect, defend and hold harmless as set
forth in this Section 11 shall not be excused because of Consultant's inability to evaluate Liability,
or because Consultant evaluates Liability and determines that Consultant is not or may not be
liable. Consultant must respond within thirty (30) calendar days to any tender by the City, unless
the time for responding has been extended by an authorized representative of the City in writing.
If Consultant fails to timely accept such tender, in addition to any other remedies authorized by
law, as much of the money due or that may become due to Consultant under this Agreement as
shall reasonably be considered necessary by the City may be retained by the City until disposition
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has been made of the matter subject to tender, or until Consultant accepts the tender, whichever
occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney's
fees and costs and fees of litigation incurred by the City in responding to matters prior to
Consultant's acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the performance
of the work and services agreed to be performed by Consultant, shall act as and be an independent
contractor and not an agent or employee of City and shall have responsibility for and control over
the details and means of providing its services under this Agreement. Consultant shall furnish, at
its own expense, all labor, materials, equipment, tools, transportation and services necessary for
the successful completion of the services under this Agreement. As an independent contractor,
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's
employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant, its officers, employees and agents shall not have any power to bind or commit the City
to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the Agreement.
C. IniM and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code § 6401.7, which requires every
employer to adopt a written injury and illness prevention program.
D. Business Licenses. Unless exempt by law, Consultant and all
subcontractors shall have acquired, at Consultant's expense, a business license from the City in
accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an
authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term
of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential and
not to be disclosed to any person except as authorized by City or as required by law.
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15. Assignment; Subcontractors; Employ
A. Assignment. Consultant shall not assign, delegate, transfer, or convey its
duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in
or to the same or any part thereof without the City's prior written consent, which shall be in the
City's sole discretion. Any assignment without such approval shall be void and, at the City's
option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employ. Consultant shall be responsible for employing
or engaging all persons necessary to perform the services of Consultant hereunder. No
subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are
deemed to be employees of Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of the
Project Manager.
16. Insurance. Without limiting Consultant's indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days' notice comply with any changes in the
amounts and terms of insurance as may be required from time -to -time by City's risk manager.
17. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated at any
time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this Agreement
within the time and in the manner herein provided or otherwise violates any of the terms of this
Agreement, in addition to all other remedies provided by law, City may terminate this Agreement
immediately upon written notice. In such event, Consultant shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which
bears the same ratio to the total fees specified in the Agreement as the services satisfactorily
rendered by Consultant bear to the total services otherwise required to be performed for such total
fee; provided, however, that the City shall deduct from such amount the amount of damages, if
any, sustained by City by virtue of Consultant's breach of the Agreement.
C. In the event City terminates this Agreement without cause, Consultant shall
be entitled to any compensation owed to it up to the time of such termination, it being understood
that any payments are full compensation for services rendered prior to the time of payment.
D. Upon termination of this Agreement with or without cause, Consultant shall
turn over to the City Manager immediately any and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by Consultant or its
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subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Consultant,
however, shall not be liable for City's use of incomplete materials nor for the City's use of
complete documents if used for other than the project contemplated by this Agreement.
18. Suspension. City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of Consultant to perform any provision of this
Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior negotiations,
representations, or agreements, either written or oral. This document may be amended only by
written instrument, signed by both the City and Consultant. All provisions of this Agreement are
expressly made conditions.
20. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort, and no provisions shall be interpreted against a parry on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time Is of the Essence. Time is of the essence in this Agreement. Upon receipt of
a written notice from City to proceed with work required by this Agreement, Consultant shall
immediately commence work to perform the services required in accordance with the schedule of
work. In the event that the Agreement does not include a fixed schedule for completion of work,
Consultant shall diligently prosecute all work until completion.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc.
shall be addressed to the other parry at the address set forth below. Either party may change its
address by notifying the other party in writing of the change of address. Notice shall be deemed
communicated within seventy-two (72) hours from the time of mailing if mailed as provided in
this section.
If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
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If to Consultant:
24. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City and all documents and records which
demonstrate performance under this Agreement for a minimum period of one (1) year, or for any
longer period required by law or to be compliant with any and all grants or funding, from the date
of termination or completion of this Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,
the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
C. City may, by written request by any of the above -named officers, require
that custody of the records be given to the City and that the records and documents be maintained
in the City Manager's office.
25. Agreement Is Binding. The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. Consultant will not discriminate against any employee or applicant for employment
because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin.
Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital
status, or national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
27. Non -Exclusive Agreement. This is a non-exclusive agreement. City reserves the
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right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
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28. City Not Obligated to Third Parties. The City shall not be obligated to or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against City arising from this Agreement, Consultant shall comply with the claims -presentation
requirements under the Government Tort Claims Act, California Government Code Sections
900, et seq. and the Rohnert Park Municipal Code.
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when at
least one copy hereof shall have been signed by both parties. In approving this Agreement, it shall
not be necessary to produce or account for more than one such counterpart. The parties hereby
expressly agree to the use of electronic signatures, which shall be deemed to have the same effect
as an original signature.
33. News Releases/Interviews. All Consultant and subcontractor news releases, media
interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that a suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authori . Each individual executing this Agreement on behalf of one of the parties
represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such
party and that this Agreement is binding on such party in accordance with its terms.
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IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
CITY OF ROHNERT PARK
By:
Marcela Piedra, City Manager
Date: August 13, 2024
Per minute Resolution No. 20 - adopted by the
Rohnert Park City Council at its meeting of
August 13, 2024.
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Elece Hemple
By: 5sq�a ey
� �,lc, R('-rd
Title: r0ctor of`ls�taluma People Services Center
Date: 8/7/2024
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EXHIBIT A
Scope of Work and Schedule of Performance
The City of Rohnert Park is establishing the City's first ever "Rohnert Park People Services
Center," a drop -in and scheduling center that will provide qualifying people homelessness -related
services at no cost. Initially, services provided will be limited in scope to the funds provided
through the 2021-22 HOME -ARP grant ("Grant"). These supportive services are intended for four
qualifying populations: homeless; at -risk of becoming homeless; persons fleeing or victims of
domestic violence, human trafficking, and stalking; and other vulnerable populations requiring
assistance to prevent homelessness. Any services provided must adhere to the stipulations, rules,
and reporting requirements of the grant.
The Center will be located in City -owned offices next to the City's Senior Center at 6800 Hunter
Drive, and this central location will be easily accessible by the residents of Rohnert Park, Cotati,
and neighboring unincorporated county areas, though anyone who qualifies under the requirements
of the Grant may utilize services.
Services provided will include, but are not limited to, counseling, ride -share programs, parenting
classes, health insurance and financial assistance, as well as signing up qualified people for
CalFresh, Medicaid and other services of financial aid and/or need.
The work schedule will be Monday through Friday, 8 a.m. to 5 p.m. (PT). Some work may be
performed outside these hours; however, weekly hours of service must not exceed forty (40) hours
per week per person.
Exhibit B
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EXHIBIT B
Compensation
For Fiscal Year 2024-2025, City will compensate Consultant in an amount not to exceed one
hundred sixty thousand dollars ($160,000) for two "navigator" positions at 40 hours per week per
person and the management of these two navigators.
The City will support the grant -funded operations by providing physical office space to be initially
located in a portion of the building at 6800 Hunter Drive, Rohnert Park, CA. City reserves for itself
complete discretion to increase, decrease or relocate the office it makes available for these grant -
funded services.
City will provide computers, Internet access, and other office equipment and supplies as needed,
and deemed necessary in the City's sole discretion.
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EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code
I (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with a limit
no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease. (Not required if Consultant provides written verification it has no
employees.)
4. Professional Liability (Errors and Omissions) Insurance appropriates to Consultant's
profession, with a limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above,
the City requires and shall be entitled to the broader coverage and/or the higher limits maintained
by Consultant. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of Consultant including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 1185, or both
CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if later revisions used).
Primary Coverage
Exhibit C
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For any claims related to this contract, Consultant's insurance coverage shall be primary
insurance primary coverage at least as broad as ISO CG 20 0104 13 with respect to the City, its
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, or volunteers shall be in excess of Consultant's insurance
and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with
notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said
Consultant may acquire against the City by virtue of the payment of any loss under such
insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this
waiver of subrogation, but this provision applies regardless of whether the City has received a
waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require
Consultant to provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall provide, or
be endorsed to provide, that the self -insured retention may be satisfied by either the named
insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims -made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the
beginning of contract work;
2. Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract of work; and
3. If coverage is canceled or non -renewed, and not replaced with another claims -made
policy form with a Retroactive Date prior to the contract effective date, Consultant must
purchase "extended reporting" coverage for a minimum of five (5) years after completion
of contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy
Exhibit C
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listing all policy endorsements to City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive Consultant's obligation to
provide them. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements required by these specifications, at any time.
Exhibit C
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CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the Executive Director, and a duly authorized
representative of the firm of Petaluma People Services Center, whose address is 1500 Petaluma
Blvd S, Petaluma, CA 94952, and that neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
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1500 PETALUMA BOULEVARD SOUTH
PETALUMA, CALIFORNIA 94952
(707) 765-8488
PETALUMA PEOPLE
SERVICESC�NTI�
January , 20
Kevin King, Senior Analyst, Economic Development
City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
RE: Letter of Commitment for Rohnert Park People Services Center
Kevin,
In 2014 Sonoma County Health Department released the Portrait of Sonoma County, which served as a call to action
for many in the County. The report examined disparities within Sonoma County among neighborhoods and along the
lines of race, ethnicity, and gender. The report highlighted what many of us already knew. There are significant
disparities in earnings, with Rohnert Park B/C/R Section falling below the federal poverty line for a two -person
household, with an average earnings of $14,946.
The Portrait became a call to action for all of Sonoma County, and the leadership within the City of Rohnert Park. The
City of Rohnert Park took immediate action, they quickly found unused space in a City owned building to partner with
Petaluma People Services Center (PPSC) and Child & Parent Institute (CPI) to offer space for counseling services to low-
income residents and families; in the past those families would have to travel to Petaluma or Santa Rosa to receive
services. The release of the Portrait coincided with the expansion of the Petaluma Health Center to a satellite location
in Rohnert Park. While this focused work to reach those living Rohnert Park made great inroads the 2021 Portrait again
highlighted the disparities in the 3'd largest city in Sonoma County.
In 2020 the use of the space for behavioral health services needed to be used by the City for other needs, causing a
planned end to this services. At the same time the world was impacted by COVID, causing an impact to all programing
Countywide, and data shows that our low-income residents, those who were unhoused, seniors and our BIPOC
communities being the most impacted in the changes in the services provided. However, PPSC and the City of Rohnert
Park never gave up on providing additional services to those populations. This included the launch of The SAFE Team
(Specialized Assistance For Everyone), a crisis intervention team that responds to 9-1-1 calls that come into RP Public
Safety. The team serves as first responders to mental health calls and was able to expand Homeless Outreach. PPSC
also has been providing Senior Services, including iRIDE Rohnert Park, a volunteer transportation program, and in July
of 2023 PPSC began providing Case Management for Seniors thought out Sonoma County with our bilingual -bicultural
team of Case Managers.
Expanding PPSC existing suite of 90 programs to a permanent location by adding Rohnert Park People Services, will
enable us to strengthen the health and human services safety -net in Rohnert Park. PPSC will leverage our existing
funding, and work to identify the needs of those living in Rohnert Park, to design and enhance programing while
reducing the burden on the community members having to travel to other communities to receive the services that
should be provided where they live.
It is all about community,
Elece Hempel
Executive Director