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HomeMy WebLinkAbout04. Agrmt w-Coast to Coast for Supplemental Homeless Outreach SrvcsPRO :-pr- E TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL -• OFFICE OF SHANNON DELONG,Manager • •1 wi-111111ION fell-• DI Qm Lojild• That the City Council authorize the City Manager to execute'a $50,000 Professional Services Agreement, and any potential amendments, with Coast to Coast Foundation to provide homeless outreach services As one of the ongoing City Council priorities, the Council's appointed Homeless Subcommittee has been studying various options for addressing the problem of homelessness in the City of Downey. Some of the previous Subcommittee recommendations include the current, grant - funded homeless action planning process and the recent Council authorization of nearly $352,998 in federal funds for homelessness prevention and rapid rehousing funds through contracts with service providers in the Coordinated Entry System (CES) focusing on youth and families with children. The proposed professional services agreement with Coast to Coast is another approach to reducing homelessness. Partnering with Coast to Coast, a foundation which has experience in casework and rapid rehousing for adults in Orange County, will augment current outreach and case management services currently provided to Downey through Los Angeles Homeless Services Authority partners. As described more thoroughly in the attached agreement, Coast to Coast will work closely with the Downey Police Department in their outreach to homeless adults, both individually and in encampments. Coast to Coast will assist in encampment cleanup efforts, and will help to organize supplemental assistance for those outreach efforts, including coordinating community volunteers and donations to help homeless individuals. Additionally, a portion of the funds in this agreement are specifically dedicated for emergency rehousing, mental health or drug treatment services or transportation services for individuals who need immediate help before there is space available in the publicly -funded programs. Council is asked to authorize the City Manager to execute a professional services agreement with Coast to Coast for $50,000, from funds previously included in the Fiscal Year 2017-18 budget for this purpose. FISCAL IMPACT Funds for the agreement were allocated in the FY 2017-18 budget in account 10-4-1210-0700. PSA WITH COAST TO COAST MARCH ,. • PAGE 2 ATTACHMENTS Professional a RV4i i'1��:i3�77Zi73'�3C�7►T1i.3i�/[T't THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is entered into this 13th day of March, 2018, by and between the CITY OF DOWNEY, a California municipal corporation and charter city (hereinafter referred to as "CITY") and Coast to Coast Foundation, a California Nonprofit Public Benefit Corporation(hereinafter referred to as "CONSULTANT"). NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: This Agreement is made and entered into with respect to the following facts: (a) CITY desires to have a highly qualified consultant to perform homeless outreach services as described below in Section 6 of this Agreement. (c) CONSULTANT represents and warrants that it is qualified to perform such services and has agreed to do so pursuant to this Agreement; and (d) CITY desires to contract with CONSULTANT on the basis of the following terms and conditions. CITY hereby retains CONSULTANT and CONSULTANT hereby accepts such retention, to perform those services under this Agreement. CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees, if any. The parties hereby acknowledge that CONSULTANT is, and shall at all times remain as to CITY, a wholly independent contractor and shall not be considered to be an employee of CITY. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's employees, except as set forth in this Agreement. CONSULTANT shall not represent that it or that any of its agents or employees are, in any manner employees of CITY. In the event that CONSULTANT or any employee, agent, or subcontractorof CONSULTANT providing services under this Agreement claims oris determined by a court of competent jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment in CalPERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, - which would otherwise be the responsibility of CITY. The Police Chief, or his designee, of CITY shall be the principal representative of CITY for purposes of this Agreement. Marie Avena shall be the principal representative of CONSULTANT for purposes of this Agreement. 123959 A. CONSULTANT shall have no authority, expressed or implied, to act on behalf of CITY in any capacity whatsoever as an agent. B. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement to incur any debt or liability on behalf of CITY or otherwise bind CITY to any obligation whatsoever. CONSULTANT will diligently perform the tasks, in a good and workmanlike manner, which are more specifically identified in the Scope of Services, attached hereto and incorporated herein by reference as Attachment A, unless otherwise modified or waived in writing by the City Manager. CONSULTANT shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his or her profession. A. CONSULTANT shall devote such time to the performance of services pursuant to the Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. B. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. SECTION QUALIFICATIONS,, A. CONSULTANT represents and warrants to CITY that it has all necessary professional licenses and/or certificates to legally perform the services under this Agreement. B. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement all necessary licenses and certificates required of CONSULTANT to perform the services. L•7 � iii [�1� f�:Ti'1w The term of this Agreement shall commence on March 14, 2018 and terminate on March 13, 2019. The term of this Agreement may be extended by a written amendment to this Agreement signed by the City Manager and CONSULTANT. A. CONSULTANT will perform those tasks and deliver the services described in this Agreement, in accordance with the terms and provisions of this Agreement for a total contract price not to exceed Fifty Thousand Dollars ($50,000.00), unless specifically approved in 2 advance and in writing by the City Manager. B. CONSULTANT shall be paid the compensation at the payment intervals set forth in the Payment Schedule (Section 12). C. Authorized work shall be in strict compliance with the provisions of this Agreement. CONSULTANT shall provide all labor, materials and equipment, as necessary to perform the services under this Agreement without any additional charge or compensation. CONSULTANT shall not charge for travel time or break time. A. CONSULTANT shall submit to CITY a monthly itemized statement which indicates work completed and hours of Services rendered by CONSULTANT in conformance with the project budget outlined in Attachment B. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. CITY shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon. Provided the Services have been rendered satisfactorily to CITY and in accordance with this Agreement, CITY shall tender payment to CONSULTANT not later than thirty (30) days following each of the milestone times set forth above. B. CITY shall make no payment for any extra, further, or additional services not expressly set forth in this Agreement unless such extra service and the price thereof is agreed to in writing and executed by the City Manager prior to the time that such extra service is rendered. A. When the CITY shall have reasonable grounds for believing that CONSULTANT will be unable to perform this Agreement fully and satisfactorily within the time fixed for performance; or a meritorious claim exists or will exist against CONSULTANT or CITY arising out of the negligence of CONSULTANT or CONSULTANT's breach of any provision of this Agreement, then the CITY may withhold payment of any amount otherwise due and payable to CONSULTANT under this Agreement. B. Any amount so withheld may be retained by CITY for that period as it may deem advisable to protect CITY against any loss and may, after written notice to CONSULTANT, be applied in satisfaction of any claim described here. C. This provision is intended solely for the benefit of CITY and no person shall have any right against the CITY or claim againstCITYby reason ofthe CITY's failure or refusal to withhold monies. D. No interest shall be payable by CITY on any amounts withheld under this provision. E. This provision is not intended to limit or in anyway prejudice any other right of CITY. AR k. y.. ! CITY shall have the right to audit and inspect all books and records kept by CONSULTANT in connection with the operation and services performed under this Agreement. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement fora period of three years after the expiration or termination of this Agreement. CITY shall have the right to access and examine such records during normal business hours and to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings and activities. All reports, documents or other written material ("written products") developed by CONSULTANT in the performance of this Agreement shall be and remain property of CITY without restriction or limitation upon its use or dissemination by CITY. CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONSULTANT. To the extent applicable, CONSULTANT represents and warrants that CONSULTANT has the legal right to utilize all intellectual property CONSULTANT will utilize in the performance of its obligations pursuant to this Agreement. CONSULTANT further represents that CONSULTANT shall ensure CITY has the legal right to utilize all intellectual property involved in and/or resulting from CONSULTANT's performance of this Agreement. All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant consent if disclosure is legally required. All CITY data shall be returned to CITY upon the termination or expiration of this Agreement. A. This Agreement may be terminated by either party with or without cause, upon ten (10) days written notice to the other party. B. All work shall cease at the conclusion of the notice period and CONSULTANT shall be paid for all services satisfactorily provided prior to termination in accordance with the rates as provided in this Agreement. C. All CITY data, documents, objects, materials or other tangible things shall be returned to CITY upon termination or expiration of this Agreement. i EIN51610 A. General Indemnification. Except as provided in subdivision (B) below which is applicable to "design professionals" only, CONSULTANT shall defend (with counsel acceptable to CITY), indemnify and hold the CITY, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of CONSULTANT, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. CONSULTANT shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may brought or instituted against CITY, its directors, officials, officers, employees, agents or volunteers. CONSULTANT shall pay and satisfy any judgment, award or decree that may be rendered against CITY or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. CONSULTANT shall reimburse CITY and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its directors, officials officers, employees, and agents or volunteers. CONSULTANT shall not be obligated to defend, indemnify or hold the CITY harmless in any manner whatsoever for any claims or liability arising solely out of the CITY's own negligent acts, errors or omissions or willful misconduct. B. Design professionals. The provisions of this subdivision (B) shall apply only in the event that CONSULTANT is a "design professional" within the meaning of California Civil Code section 2782.8(c). If CONSULTANT is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision (A) above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), CONSULTANT shall defend (with legal counsel reasonably acceptable to CITY), indemnify and hold harmless CITY and CITY's officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of CONSULTANT, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of CONSULTANT's performance of any task or service for or on behalf of CITY under this Agreement. Such obligations to defend, hold harmless and indemnify CITY or any CITY officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of CITY or such CITY officers, officials, employees, volunteers and agents. CONSULTANT's cost to defend CITY and/or CITY's officers, officials, employees or volunteers against any such Claim shall not exceed CONSULTANT's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY (and, if applicable, other parties) regarding any unpaid defense costs. To the extent CONSULTANT has a duty to indemnify CITY or any CITY officers, officials, employees, volunteers and/or agents under this subdivision (B), CONSULTANT shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from CONSULTANT's negligence, recklessness or willful misconduct. SECTION FOR • DAMAGE. CONSULTANT shall assume all responsibility for damages to property or injuries to persons, including accidental death, which may be caused by CONSULTANT's negligent performance of this Agreement, whether such performance be by themselves, or their agents, or whether such damage shall accrue or be discovered before or after termination of this Agreement. A. CONSULTANT shall not assert any claim arising out of any act or omission by any officer, agent, or employee of CITY in the execution or performance of this Agreement against that officer, agent or employee. B. Nothing in this Agreement shall be construed to give any person other than CITY and CONSULTANT any legal or equitable rights, remedy or claim under this Agreement i r i A. CONSULTANT covenants that neither it nor any officer of the corporation, or partnership, as the case may be, has any interest, nor shall they acquire any interest, directly or indirectly, which would conflict in any manner with the performance of CONSULTANT's services under this Agreement. B. CONSULTANT further agrees that in the performance of this Agreement, no person having an interest of the above nature shall be employed by him or her. C. No person who contracts with CITY, either for the rendition of personal services shall make any contribution to a CITY official or candidate for CITY office. SECTION • Any notices, bills, invoices or reports required by this Agreement shall be deemed received on: (1) the date if delivered by hand, facsimile or overnight overnight courier service during CONSULTANT's or CITY's regular business hours; or (2) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or such other addresses as the parties may, from time to time designate in writing): TO CITY: City of Downey 11111 Brookshire Avenue Downey, CA 90241 Attn: City Manager's Office With courtesy copy to City of Downey City Attorneys'_ Office 11111 Brookshire Avenue Downey, CA 90241 TO CONSULTANT: Marie Avena 18340 Yorba Linda Blvd. Suite 107-222 Yorba Linda, CA 92886 This Agreement shall be binding upon the parties hereto and their successors in interest. A. CONSULTANT shall not assign, transfer, convey, pledge or otherwise dispose of its rights or obligations hereunder, except the payment of funds from CITY, without prior written consent of CITY. Any attempt by CONSULTANT to assign, transfer, convey, pledge or otherwise dispose of its rights or obligations hereunder without the City's prior written consent shall make such assignment, transfer, conveyance, pledge or other disposition null and void. B. The consent of CITY town assignment shall not be unreasonably withheld, but prior to approving any assignment involving the performance of any obligations pursuant to this Agreement, CITY shall be satisfied by competent evidence that the assignee is financially able and technically qualified to perform those services proposed to be assigned. C. In the event of such assignment, CITY may condition the same so as to ensure compliance with the provisions of this Agreement. D. CITY'S consent to one assignment shall not be deemed to constitute consent to future assignments. CONSULTANT acknowledges that CITY's written consent must be first obtained prior to each assignment, transfer, conveyance, pledge or other disposition. CONSULTANT shall comply with all applicable laws in performing its obligations under this Agreement. CONSULTANT shall be liable for all violations of such laws and regulations in connection with this Agreement. If the CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the CITY, CONSULTANT shall be solely responsible for all costs arising therefrom. CONSULTANT shall defend, indemnify and hold CITY, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. CONSULTANT's violation of such laws, rules and regulations shall also constitute a material breach of this Agreement. A. Time for Compliance. CONSULTANT shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the CITY that it has secured all insurance required under this section. In addition, CONSULTANT shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the CITY that the subcontractor has secured all insurance required under this section. The CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances. B. Minimum Re uirernents. CONSULTANT shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the CONSULTANT, its agents, representatives, employees or subcontractors. CONSULTANT shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement.. Such insurance shall meet at least the following minimum levels of coverage: (i) Minimum Scope of Insurance. _ (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 and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if CONSULTANT owns no autos, Code 8 (hired) and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer's Liability Insurance. (ii) Minimum Limits of Insurance. CONSULTANT shall maintain limits no less than: (1) Commercial General Liability(CGQ: No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability. No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation: Workers' Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer's Liability: Employer's Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer's Liability coverage may be waived by the CITY if CITY receives written verification that CONSULTANT has no employees. If the CONSULTANT maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. C. Professional Liability (Errors & Omissions: CONSULTANT shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the CONSULTANT maintains broader coverage and/or higher limits than the minimum shown in this subdivision (B), the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. D. Insurance Endorsements. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms approved by the CITY to add the following provisions to the insurance policies: (i) _ Additional Insured Status. The Commercial General Liability policy shall be endorsed to state that: (1) the CITY, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the CONSULTANT, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the CITY, its directors,officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the CONSULTANT's scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the CONSULTANT's insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used). (ii) 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 said insurance policies set forth herein. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardlessofwhether or not the CITY has received a waiver of subrogation endorsement from the insurer. 0 (iii) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: _ (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the CITY; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY, its directors, officials, officers, employees, agents and volunteers. E Primary Coverage$ For any claims related to this Agreement, the CONSULTANT's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its directors, officials, officers, employees, agents and volunteers shall be excess of the CONSULTANT's insurance and shall not be called upon to contribute with it in any way. F. Se aration of'Insureds o S eial Lirritations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the CITY, its directors officials, officers, employees, agents and volunteers. G. Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. CITY may require CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to providethatthe self-insured retention may satisfied by either the named insured or CITY. H. Acceptability, of Insurers. insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in California, and satisfactory to the CITY. I. Verification of Coverage. CONSULTANT shall furnish CITY with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the CITY before the commencement of work under this Agreement. However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the CONSULTANT's obligation to provide them to the CITY. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time. J. Claims -Made policies. If any of the policies provide coverage on a claims -made basis: (i) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement; (iii) If coverage is canceled, non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the CONSULTANT must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement. 9�0031 . 0 1 A. CONSULTANT agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, handicap or marital status, place of national origin or any other basis prohibited by local, State or Federal law. B. CONSULTANT agrees to comply with all local, State and Federal laws relating to equal employment opportunity rights. 0 imagam This Agreement contains the entire Agreement of CITY and CONSULTANT with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. Amendments or modifications to this Agreement shall be effective and binding only if made in writing and executed by both parties. In the event that any action or proceeding is instituted for the breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees. 0 0 1 Emmml A. It is the intent and understanding of the parties to this Agreement that every provis . ion of law required to be inserted in this Agreement is inserted here. B. If through mistakes or otherwise, any of those provisions are not inserted in correct form, then this Agreement shall upon application of either party, be amended by insertion so as to comply strictly with the law and without prejudice to the rights of either party. C. If this Agreement contains any unlawful provisions, not an essential part of the Agreement and which appear not to have been a controlling or material inducement to the making of this Agreement, those provisions shall be deemed of no effect, and shall upon application of either party be stricken from the Agreement without affecting the binding force of the Agreement as it shall remain after omitting those provisions. 0 In the event that suit shall be brought by either party to this contract, the parties agree that venue shall be exclusively vested in the State courts of the County of Los Angeles or where appropriate, in the United States District Court, Central District of California, Los Angeles, California. -I U0 MUMM111111 I UMM This Agreement may be executed in counterparts, each of which shall be an original, but together shall constitute one and the same instrument. 10 If this Agreement contains any errors, inconsistencies with any attachments, ambiguities, or discrepancies, including typographical errors, CONSULTANT shall request a clarification of those items by writing to the City Manager whose decision shall be binding upon the parties. The captions and headnotes or sections of this Agreement, and marginal notes are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent of this Agreement. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 10 Z?A,01 I 10 CONSULTANT shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of CITY. CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. CONSULTANT shall ensure that CITY is an additional insured on insurance as required in Section 25. required from subcontractors. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. IN WITNESS WHEREOF, this Agreement for Professional Services has been duly authorized and executed by the parties hereto on the day and year first herein above written. ATTEST: Maria Alicia Duarte, CIVIC, City Clerk Wag TO [[ffiowl 0 - ffigul 11CITY'll CITY of Downey By: Gilbert A. Livas City Manager "CONSULTANT" Coast to Coast Foundation 11 ATTEST: By; Marie Avena Its: Chief ExecutiveOfficer Secretary APPROVED AS TO FORM: Legal Counsel m ATTACHMENT A Coast to Coast Foundation 9. Accompany Downey Police Department (DPD) and/or Downey Public Works (DPW) on twice-a-monthoutreach to homeless individuals to provide outreach, case management, connections to resources and real-time support and response 2.- Accompany DPD and/or DPW on monthly clean-ups 3. Work with City consultant in upcoming assessment of the resources and services available for individuals and families experiencing homelessness in the City of Downey. Offer suggestions from previous experience in other jurisdictions. Help identify gaps in services to ensure seamless connectivity to the Coordinated Entry System (CES) 4. Ensure the unsheltered homeless individuals are entered into the HMIS so that they can be served through the Coordinated Entry System (begin with the individuals most frequently encountered) 5. Provide Engagement and Outreach, Case Management and Connections to Resources a. When applicable, provide move -in deposit, program housing fees or motel vouchers b. Assist with transportation to interim housing or shelters c. Provide assistance with transportation for reunification d. When applicable, assist with transportation, funding, and logistical support for individuals wishing to access mental health services, treatment and medications e. When applicable, assist with transportation, funding, and logistical support for individuals wishing to obtain medical services f. When applicable, assist with transportation, funding, and logistical support for individuals wishing to access drug and alcohol treatment g. Identify local volunteers to assist with outreach efforts in order to engage the community h. Contact and coordinate Downey faith based groups and other local charitable organizations to seek assistance in acquiring donate items to benefit the homeless (Donated items such as toiletries and socks to be used as a means to draw the homeless towards assistance programs to help break the pattern of homelessness) 6. Provide Quarterly Reports to the City on Outreach Measures, Clean-up and Hot Spots, Engagements, and other demographic and coordination measures /_rif_C47:V,14►111i=l 14 Case Manager i • • 1 hours $311200 PD outreach ►, per Ix/month,'D cleanup, plus outreach & case work •iry Operating / .• of t11 per •- •, Rapid Rehousing/interimIII'unless authorized by writing Medical • Mental Health Interventions (Medical• prescriptions, I1' .• of $1,000 •' person Drug and Alcohol Treatment) authorized by City in writing Diversion (transportation for reunification) Cap of $2,000 per person unless authorized by City in writing Total Non-Personne '11 IIIIII TOTAL1 1i1 14