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HomeMy WebLinkAbout07. Approve No-Cost Agrmt w-LAHSA for Shared Office Space at Wilderness ParkW::111 INU� = CITY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIV- MANAGER FROM: OFFICE OF THE CITY MANAGER Shannon DeLong, Assistant to the City Manager DATE: MAY 8, 2018 SUBJECT: NO -COST AGREEMENT WITH LAHSA FOR SHARED OFFICE SPACE AT WILDERNESS PARK That the City Council approve a no -cost co -location agreement with the Los Angeles Homeless Services Authority (LAHSA) for use of a shared office space at Wilderness Park DISCUSSION The Los Angeles Homeless Services Authority (LAHSA) is ... agency created through a joint powers agreement with the County of Los Angeles and the City of Los Angeles. Its role is to facilitate the provision of services to homeless individuals and individuals at risk of homelessness throughout the County. LAHSA is deploying joint LAHSA-County Sheriff outreach teams to riverbeds to provide more intensive outreach and case management services, particularly to encampments in the rivers and adjacent publicly owned land. LAHSA approached the City of Downey with a request for office space to be used for the outreach teams. The Department of Parks and Recreation worked with the LAHSA team to identify space at Wilderness Park and negotiate a shared workspace agreement. The use of the Wilderness Park building is limited to the LAHSA-Sheriffs team and will not be used to provide services or assistance to clients. It is understood that the workspace may be unavailable beginning in early 2019, depending upon the timing of the the Wilderness Park Improvement Project. Staff recommends the co -location agreement be approved at no cost to LAHSA because there are no direct costs to the City; the outreach team will be providing a public service directly benefiting the Downey community; and there is not an exclusive right to the use of space. LAHSA has provided insurance indemnity for the City. FISCAL IMPACT None. ATTACHMENTS MAI M I P] IN 1 .1 - -1fiffiem.- CO -LOCATION Ar LICENSE AGREEMENT BETWEEN LOS ANGELES HOMELESS -AUTHORITY rr CITY OF DOWNEY PARK AND RECREATIONS DEPARTMENT This Co -Location and License Agreement Number`2017COLO09 ("Agreement") is made and entered into by and between the Los Angeles Homeless Service Authority ("LAHSA"), a joint powers authority of the City and County of Los Angeles, and the City of Downey on behalf of the Downey Parks and Recreation Department, a municipal corporation and charter city ("Site Operator"). WHEREAS, LAHSA, has been designated by the City and County of Los Angeles to provide for the proper planning, coordination, direction and management of LAHSA's various community development activities; WHEREAS, LAHSA cooperates with private organizations and agencies of other governmental jurisdictions in carrying out certain functions and programs which are its responsibility; WHEREAS, the Co -Location of LAHSA Homeless Engagement Teams ("HET") with Agency sites which are the subject of this Agreement, as established by LAHSA, is one of the above described programs and has been funded by the County of Los Angeles ("County"); WHEREAS, Site Operator maintains a location in which co -location with LAHSA's HET will benefit the Los Angeles' Continuum of Care; WHEREAS, LAHSA's Board of Commissioners has authorized LAHSA's Executive Director to enter into agreements without Commission's approval up to one hundred fifty thousand dollars ($150,000.00); WHEREAS, LAHSA and Site Operator are desirous of executing this Agreement; NOW, THEREFORE, inconsideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: §1 A. The representatives of the respective parties authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of LAHSA shall be, unless otherwise stated in the Agreement`. Executive Director Los Angeles Homeless Services Authority 811 Wilshire Blvd., 6th Floor Los Angeles, California 90017 With copies to: Director of Access and Engagement Los Angeles Homeless Services Authority 811 Wilshire Blvd., 7th Floor Los Angeles, California 90017 2. The representative of Site Operator shall be: §4.- Corrrioenstion LAHSA shall not be required to pay Site Operator for access and use of the facility/office space described in §3 during the Term of this Agreement. §5. Non -Exclusive Agreement LAHSA and Site Operator understand and agree that this is anon -exclusive License Agreement to co - locate at the facility/office space site address for the specified Term. Site Operator shall continue to have access to the facility/office space as required to operate the park facilities. §6. Contract Term The Term of this Agreement is from May 9, 2018 through May 9 2019, unless sooner terminated pursuant to §12. §7. 10dQMOM9911912 Site Operator shall indemnify, defend and hold harmless LAHSA and its appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, losses and expenses (including attorney and expert witness fees), arising from or connected with Site Operator's acts and/or omissions arising from and/or relating to its obligations under this Agreement. The provisions of this paragraph survive expiration or termination of this Agreement. LAHSA shall indemnify, defend and hold harmless Site Operator from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, losses and expenses (including attorney and expert witness fees), arising from or connected with LAHSA's acts and/or omissions arising from and/or relating to its activities at the facility/office space and this Agreement. The provisions of this paragraph survive expiration or termination of this Agreement. §8. Insurance During the term of this Agreement, LAHSA agrees to provide insurance for HET staff at the site. A. LAHSA shall obtain and maintain at its expense, during the term of this Agreement, all necessary insurance for its employees engaged in the performance of this Agreement, including, but not limited to worker's compensation insurance. B. LAHSA shall obtain and maintain at its expense, during the term of this Agreement, comprehensive general liability insurance with coverage of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence (and not "claims made") for bodily injury, personal injury and property damage. LAHSA shall cause CITY, its officers, employees, volunteers and agents, to be named as an additional insured on said policy and shall obtain a waiver of the insurer's right of subrogation against CITY. C. For all vehicles operated by LAHSA to provide services under this Agreement, Business Auto Coverage under standard ISO form including symbol 1 (All Auto) auto coverage with limits of no less than $2,000,000.00 and scheduled under any umbrella policy. D. LAHSA shall obtain and maintain professional liability (errors and omissions) insurance in an amount of not less than $2,000,000.00. E. LAHSA shall provide CITY with written proof of the existence of such insurance and the commitment of the insurance carrier (either by policy endorsement or similar agreement) to notify CITY in writing 30 days before any reduction in coverage or the cancellation of such insurance. All insurance coverage required herein shall apply on a primary non-contributing basis in relation to any insurance or self-insurance available or applicable to CITY. F. LAHSA shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. G. The policy or policies required by this Agreement shall be issued by an insurer admitted or approved to 3 §15. Entir@ Agreemenf This is the full and complete agreement between the parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. This Agreement is executed in 2 duplicate originals, each of which is deemed to be an original. This Agreement includes 5 pages, which constitute the entire understanding and agreement of the parties. IN WITNESS WHEREOF, LAHSA and Site Operator have caused this Agreement to be executed by their duly authorized representatives. Authority By: Peter Lynn Executive Director Executed on this bate: �. . •-I @Ri r By: Gilbert A. Livas City Manager Executed on this dater - ATTEST: 5 CO -LOCATION AND LICENSE AGREEMENT BETWEEN LOS ANGELES HOMELESS SERVICES AUTHORITY AND CITY OF DOWNEY PARK AND RECREATIONS DEPARTMENT This Co -Location and License Agreement Number 2017COL009 ("Agreement") is made and entered into by and between the Los Angeles Homeless Service Authority ("LAHSA"), a joint powers authority of the City and County of Los Angeles, and the City of Downey on behalf of the Downey Parks and Recreation Department, a municipal corporation and charter city ("Site Operator"). WHEREAS, LAHSA, has been designated by the City and County of Los Angeles to provide for the proper planning, coordination, direction and management of LAHSA's various community development activities; WHEREAS, LAHSA cooperates with private organizations and agencies of other governmental jurisdictions in carrying out certain functions and programs which are its responsibility; WHEREAS, the Co -Location of LAHSA Homeless Engagement Teams ("HET") with Agency sites which are the subject of this Agreement, as established by LAHSA, is one of the above described programs and has been funded by the County of Los Angeles ("County"); WHEREAS, Site Operator maintains a location in which co -location with LAHSA's HET will benefit the Los Angeles' Continuum of Care; WHEREAS, LAHSA's Board of Commissioners has authorized LAHSA's Executive Director to enter into agreements without Commission's approval up to one hundred fifty thousand dollars ($150,000.00); WHEREAS, LAHSA and Site Operator are desirous of executing this Agreement; NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: §1. S=qW2WiJ1F;.1:12_gf gad_�p,[yjce_of_Notices, A. The representatives of the respective parties authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of LAHSA shall be, unless otherwise stated in the Agreement: Executive Director Los Angeles Homeless Services Authority 811 Wilshire Blvd., 6th Floor Los Angeles, California 90017 With copies to: Director of Access and Engagement Los Angeles Homeless Services Authority 811 Wilshire Blvd., 7th Floor Los Angeles, California 90017 2. The representative of Site Operator shall be: §4. Comoensation LAHSA shall not be required to pay Site Operator for access and use of the facility/office space described in §3 during the Term of this Agreement. §5. Non -Exclusive Aareement LAHSA and Site Operator understand and agree that this is anon -exclusive License Agreement to co - locate at the facility/office space site address for the specified Term. Site Operator shall continue to have access to the facility/office space as required to operate the park facilities. §6. Contract Term The Term of this Agreement is from May 9, 2018 through May 9 , 2019, unless sooner terminated pursuant to §12. §7. lnde_Wpification Site Operator shall indemnify, defend and hold harmless LAHSA and its appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, losses and expenses (including attorney and expert witness fees), arising from or connected with Site Operator's acts and/or omissions arising from and/or relating to its obligations under this Agreement. The provisions of this paragraph survive expiration or termination of this Agreement. LAHSA shall indemnify, defend and hold harmless Site Operator from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, losses and expenses (including attorney and expert witness fees), arising from or connected with LAHSA's acts and/or omissions arising from and/or relating to its activities at the facility/office space and this Agreement. The provisions of this paragraph survive expiration or termination of this Agreement. §8. Insurance. During the term of this Agreement, LAHSA agrees to provide insurance for HET staff at the site. A. LAHSA shall obtain and maintain at its expense, during the term of this Agreement, all necessary insurance for its employees engaged in the performance of this Agreement, including, but not limited to worker's compensation insurance. B. LAHSA shall obtain and maintain at its expense, during the term of this Agreement, comprehensive general liability insurance with coverage of not less than Two Million Dollars ($2,000,000.00) combined single limit per occurrence (and not "claims made") for bodily injury, personal injury and property damage. LAHSA shall cause CITY, its officers, employees, volunteers and agents, to be named as an additional insured on said policy and shall obtain a waiver of the insurer's right of subrogation against CITY. C. For all vehicles operated by LAHSA to provide services under this Agreement, Business Auto Coverage under standard ISO form including symbol 1 (All Auto) auto coverage with limits of no less than $2,000,000.00 and scheduled under any umbrella policy. D. LAHSA shall obtain and maintain professional liability (errors and omissions) insurance in an amount of not less than $2,000,000.00. E. LAHSA shall provide CITY with written proof of the existence of such insurance and the commitment of the insurance carrier (either by policy endorsement or similar agreement) to notify CITY in writing 30 days before any reduction in coverage or the cancellation of such insurance. All insurance coverage required herein shall apply on a primary non-contributing basis in relation to any insurance or self-insurance available or applicable to CITY. F. LAHSA shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. G. The policy or policies required by this Agreement shall be issued by an insurer admitted or approved to 3 §15. Entire Agreement This is the full and complete agreement between the parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. This Agreement is executed in 2 duplicate originals, each of which is deemed to be an original. This Agreement includes 5 pages, which constitute the entire understanding and agreement of the parties. IN WITNESS WHEREOF, LAHSA and Site Operator have caused this Agreement to be executed by their duly authorized representatives. HomelessLos Angeles Authority By: Peter Lynn Executive Director Executed on this Date: . 1 0 , r-•. By Gilbert A. Livas City Manager Executed on this date: ATTEST,' City Clerk 5 Client#: 6872 LAHOMELE -w _ TM CERTIFICATE LIABILITY 4/03/2018 D ATE ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. LL W IMPORTANT: If the certificate -holder is an ADDITIONAi INSURED, �.. __ . ndov d. _ � .u..TION AI ��� �-� � the policy(les) rxst be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such gndorsement(s); PRODUCER WarAc T Lusln Alabash an u Edgewood Partners Ins. Center wt nE 213-629-8903 Arc ass 8S13µ 742 _. c -772 3742 Lic#OB29370 E_ IL an Iusin.alabastl a Ncbrokers.com AQDRE a: y p 350 S. Grand Avenue, Suite 4500A ERS INSURNGCOVERAGE . _�.�. _FF_ .ORDI..'.... NAIL# Los Angeles, CA 90071 INSURER A: Philadelphia Indemnity Ins Co 18058 INSURED INSURER B : Zurich American Insurance Co 16535 Los AngelesHomeless Services Authority Comp_ '.INSURER C :ACE American Ins Company 22667" 811 Wilshire Blvd., 6th Floor INSURER D Los Angeles, CA 90017 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED., NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. )pj R ACtCIOL $UB POLICY POLIC EXP LIMITS LTR TYPE OF INSURANCE WVO POLICY NUMBER MIU..._. M OI1'YYY .. _ .. _ it?at. _ _ _ ..... A X11 COMMERCIAL GENERAL LIABILITY PHPK1676857 07/01/2017 07/01/201 EACH OCCURRENCE $1000000- CLAIMS -MADE OCCUR ENTED ire $100 000 MELS EXP $5,000 :PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE... $ 2 000,000 X POLICY ECT LOC PRODUCTS COMPPOPAGG $2,000,000 OTHER:_ _ : --- � A AUTOMOBILE LIABILITY 201 ~ T^ PHPK1676857 D7101/2017 07/011 SMB°NEDSINGLE LIMIT � dal $1v000,000 ANY AUTO BODILY INJURY (Per person) $ '-ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PR ERTY DAMAGE $ NON -OWNED Parata ): HIREoauTos X ,Auros $ A X UMBRELLA LIARX OCCUR PHUB590792 37/01/2017 07/01/201E EACH OCCURRENCE $4 000 000 EXCESS LIAB CLAIMS -MADE AGGREGATE �, $4 QO,OO '.DED X RETENTION$10 0 `� $ _.,_- R��w _ _..d � -.- a ._ _____._N _.�... � _ __. _� �. ._. PER ._� ` Oiry.{ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARThi RtEXECUTIVE Y N{ E, L, EACH ACCIDENT $ OFFICERIMEM8ER EXCLUDED? L k N I A (Mandatory in NH) EL DISEASE EA EMPLOYEE $ If yes describe under ---- -- DESCRIPTION OF OPERATIONS below E DISEASE - POLICY LIMIT $ B Crime MPL595512004 F37101/2017 =07/01/201�00031,1100,000 C 'Public Officials G24116682009 00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 10999 Little Lake Road, Downey CA 90240. Certificate Holder is named as additional insured with respect to the operations of the named insured subject to the terms, conditions, and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Downey THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks and Recreation Department ACCORDANCE WITH THE POLICY PROVISIONS. 7850 Quill Dr. Downey, CA.90242 AUTHORIZED REPRESENTATIVE ©1988-2014 MRO CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #Sl042522/M817144 LALA1