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HomeMy WebLinkAboutItem 13e - Homeless Case Management-Housing Navigation Services DATE: June 21, 2022 TO: Honorable Mayor and City Council FROM: Sara Somogyi, Director of Recreation and Community Services By: Ashley Marston, Management Aide SUBJECT: PROFESSIONAL SERVICE AGREEMENT FOR HOMELESS CASE MANAGEMENT/HOUSING NAVIGATION SERVICES WITH LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE IN AN AMOUNT NOT TO EXCEED $218,400 Recommendation: Approve SUMMARY On March 15, 2022, the City Council approved a recommendation to utilize Permanent Local Housing Allocation (“PLHA”) funds to secure three full-time homelessness case managers/housing navigators for Arcadia. In April 2022, City staff sent out a Request for Proposal (“RFP”) for Case Management/Housing Navigation Services. Los Angeles Centers for Alcohol and Drug Abuse (“LA CADA") provided the proposal that best met the City’s needs and were the lowest bidders. The proposed agreement is for the period of one year with the option to renew on a year-by-year basis for a maximum of three additional one-year periods at the City’s sole discretion. It is recommended the City Council authorize and direct the City Manager to approve the Professional Services Agreement for Case Management/Housing Navigation Services with LA CADA for one year in an amount not to exceed $218,400, with the option to renew annually for a maximum of three additional years. BACKGROUND The City of Arcadia was served by one part-time case manager/housing navigator through LA County Measure H through December 2021 and one full-time case manager/housing navigator through a contract with the San Gabriel Valley Council of Governments executed by Union Station Homeless Services through May 2022. The City of Arcadia no longer has a local contract for case management/housing navigation services to assist persons experiencing homelessness. Arcadia is still served by regional case managers/housing navigators through Los Angeles Homeless Services Authority and the SPA 3 lead, Union Homeless Case Management/Housing Navigation Services June 21, 2022 Page 2 of 3 Station Homeless Services; however, since those services are shared regionally, there is little daily focus on Arcadia’s homeless population. On March 15, 2022, the City Council discussed the status of the City’s homeless programs and approved a recommendation to utilize Permanent Local Housing Allocation (“PLHA”) funds to secure three full-time homelessness case managers/housing navigators for Arcadia. DISCUSSION In April 2022, staff sent out an RFP for Case Management/Housing Navigation Services to seek competitive service providers. City staff prepared and mailed proposals to six prospective bidders. The RFP was open to the public and any service provider was able to submit a proposal. The City received three proposals by the May 2, 2022, deadline from Foothill Unity Center LA CADA, and Union Station Homeless Services. The evaluation of proposals received was conducted by a panel of staff from the Recreation and Community Services Department. The panel considered the proposals’ thoroughness, understanding of the scope of work, related experience, references, quality, and costs. The results of the evaluation with each company’s ranking and proposed cost are listed below. The score is out of a possible 100 points. Company Name Ranking Score Proposed Cost for 3 Case Managers /Housing Navigators Proposed Contract Start Date LA CADA 1 93% $218,400 June 2022 Union Station Homeless Services 2 81% $259,282 September 2022 Foothill Unity Center Disqualified While Foothill Unity Center submitted a proposal, it was incomplete and missing several requirements. Staff contacted Foothill Unity Center to request the omitted information, but never received a compete proposal. For this reason, Foothill Unity Center was disqualified. After interviews and careful consideration of the remaining two agencies, the panel ultimately decided to contract three case managers/housing navigator with LA CADA. LA CADA’s proposal was comprehensive, and their organization’s philosophy closely aligns with Arcadia’s service approach; they have impressive response times, collect and report data efficiently, and have reputable local references. LA CADA stood out due to their willingness to help individuals on weekends and during emergency afterhours situations and they also have operate and have access to many housing solutions and emergency beds. Homeless Case Management/Housing Navigation Services June 21, 2022 Page 3 of 3 Notably, their proposal commits to providing at least eight beds that will be dedicated to Arcadians. In addition, their proposal was the lower of the two bids. The proposed Professional Service Agreement is for the period of one year beginning on July 1, 2022, with the option to renew on a year-by-year basis for a maximum of three additional years at the City’s sole discretion, under the same terms and conditions. The total contract amount to be spent on case management/housing navigation services is $218,400 in Fiscal Year 2022-23. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The proposed contract will be paid with PLHA funds in an amount not to exceed $218.400. Currently, the City of Arcadia has an allocation of $466,175 for the first two years of the allocation, with an expected $250,000 per year of the remaining three years of the allocation. PLHA funds are sufficient to cover the entirety of the contract. No additional funds are necessary to complete the project. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project and is therefore, exempt under the California Environmental Quality Act (“CEQA”); and authorize and direct the City Manager to approve a Professional Services Agreement for Homeless Case Management/Housing Navigation Services with Los Angeles Centers for Alcohol and Drug Abuse for one year with the option to renew annually for a maximum of three additional one years, with the City Manager’s approval, in an amount not to exceed $218,400 per year. Attachment “A” - Proposed Professional Services Agreement with Los Angeles Centers for Alcohol and Drug Abuse Updated July 2022 1 Attachment “A” CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING Case Management/Housing Navigation Services This Agreement is made and entered into as of July 5, 2022 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Los Angeles Centers for Alcohol and Drug Abuse, a California non-profit public benefit corporation with its principal place of business at 12070 Telegraph Road Suite 207 Santa Fe Springs, CA 90670 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Case Management/Housing Navigation Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $218,400. This amount is to cover all case management/housing navigation services and related costs, and the City will not pay any additional fees for expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or Updated July 2022 2 the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for five (5) years from the date of final payment under the contract for inspection by City. 5. The term of this Agreement shall be from July 5, 2022 to June 30, 2023, with the option to renew on a year-by-year basis for a maximum of three (3) additional, one-year (1 year) periods at the City’s sole discretion, under the same terms and conditions, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within 365 days. The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. Updated July 2022 3 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City 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 secured all insurance required under this section. a. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage Updated July 2022 4 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. Updated July 2022 5 This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Updated July 2022 6 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. Updated July 2022 7 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon Updated July 2022 8 the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be Updated July 2022 9 entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Juan Navarro as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Recreation and Community Services Department CONSULTANT: Los Angeles Centers for Alcohol and Drug Abuse 12070 Telegraph Road Suite 207 Santa Fe Springs, CA 90670 Attn: Juan Navarro and shall be effective upon receipt thereof. 21. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Updated July 2022 10 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] Updated July 2022 11 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE By: By: Dominic Lazzaretto Juan Navarro City Manager Executive Director Date: Date: ATTEST: By: Bill Tarkanian Director of Program Development By: City Clerk APPROVED AS TO FORM By: Stephen P. Deitsch City Attorney Date: Updated July 2022 12 EXHIBIT “A” Scope of Services Services supported by the City of Arcadia must be of primary benefit to PEH or who are experiencing at-risk of homelessness within Arcadia. These services are defined as those which are normally a part of case management and housing navigation and may include, but not be limited to the following: • Case Management • Housing Navigation • Street Outreach • Mental Health Support • Substance Abuse Services • Supportive Services (Legal, benefits, etc.) • Funding Distribution • Essential Resource Distribution • Housing Placement • CES and HMIS Entry • Data Entry • Reporting The service area shall extend throughout the incorporated municipality and the Los Angeles County areas within City limits. Consultant must follow best practices for providing services for PEH, including housing-first and trauma-informed care. Consultant shall work with each participant to develop an individual service plan to gauge participants’ needs, goals, skills and abilities, personal characteristics, and physical capabilities. Consultant will distribute and track Prevention and Diversion funds, as available. Amount of available funds are to be determined by the City and will initially paid for by Consultant and reimbursed by the City via invoice as listed in Exhibit B. Emergency Funds will be spent through City issued Credit Card and check out to appropriate staff. Receipts must be kept and accounted for during the statement period. All other available resources must also be accurately accounted for through established documentation. EQUIPMENT AND ACCESS Consultant is required to provide their own equipment such as laptop computers, Wi-Fi hotspots, cell phones, and vehicles. Consultant must have access to Homeless Management Information System (HMIS) and the Coordinated Entry System (CES) or be able to receive access by contract start date. The City and Consultant will discuss suitable workspaces for Case Managers/Housing Navigators. Consultant will provide a phone number for community use to then direct request to the Case Managers/Housing Navigators on duty at the time of the request or provide the opportunity to leave a message if after business hours. Case Managers/Housing Navigators will also need emails addresses and cell phone numbers which are available for community members to reach out to them in addition to the homeless community they are serving. Consultant will reserve eight (8) beds within their facilities exclusively for the City’s use. These beds will be included as part of the total contract price for three Case Managers/Housing Navigators and will not be billed at an additional cost. SCHEDULE AND TIME ALLOCATION Case Managers/Housing Navigators will work a full-time, 40-hour week. Between the three Case Managers/Housing Navigators, coverage will be expected Monday-Sunday, seven days a week. Schedule of staff will be as follows: Monday-Friday, 7am-4pm with a 1-hour lunch break Wednesday-Sunday, 8am-5pm with a 1-hour lunch break Updated July 2022 13 Saturday-Wednesday, 9am-6pm with a 1-hour lunch break Schedule is subject to change based on City’s needs. Case Managers/Housing Navigators are expected to respond to clients and City staff in a timely manner. Case Managers/Housing Navigators should respond to requests and questions as soon as possible, at the latest within one business day. Consultant will be required to meet regularly with City staff. In addition, Case Managers/Housing Navigators will be required to attend community engagement meetings including but not limited to Community Stakeholder meetings, HELP Team meetings, Five-Year Homeless Plan meetings, and meetings held by other homeless services teams. REPORTING Consultant agrees to prepare and submit monthly, quarterly, and annual program progress/activity reports, evaluations, HMIS raw reports, and other reports as required by the City. Consultant will work with the City to create a report that is mutually beneficial. Monthly reports are due by day 15 of the subsequent month. Consultant's records, apart from confidential client information, shall be made available to representatives of City. The Consultant must share all necessary information with any other service provider(s) administering homeless services within the City. Consultant must provide a monthly report that includes monthly data, including but not limited to the following metrics: Number of Individuals and family members: • Contacted via street outreach • Served (Received any items/goods, services, funds, or housing placement) • Newly enrolled • Assessed via CES Survey o Total o Individuals o Youth o Families o Veterans o 62+ years old • Assessed via VI-SPDAT • Established housing plans • Received items or goods o Water or food o Hygiene items o Clothing o Sleeping bag or tent • Other (please specify) Connected or referred to supportive services o Legal services o Benefits services o Mental Health services o Substance Use services o Employment services and training o Other (please specify) • Received Prevention and Diversion funds (Supplemental client intake form will accompany all distributions) • Received Emergency funds (Supplemental client intake form will accompany all distributions) • Connected to or placed in any type of housing (cumulative of the categories below) o Connected to or placed in interim housing (including motel vouchers) o Connected to or placed in rapid re-housing o Connected to or placed in permanent housing Monthly report should include narratives identifying successes, challenges, and brief client success stories. Additional data may be requested on client characteristics and client outcomes. 14 EXHIBIT “B” Schedule of Charges/Payments Consultant will include with each invoice a detailed itemized report that indicates the amount of budget spent on each item. All invoices for Prevention and Diversion funds and Emergency funds will be submitted with appropriate documentation, as determined by the City. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and- materials contract. Consultant will invoice City on a monthly cycle, by day 15 of the subsequent month, unless otherwise determined by the City to coincide with billing cycles. The City shall pay all invoices for services to the consultant within thirty (30) days of receipt of completed, delivered, and accepted project and accompanied invoice.