HomeMy WebLinkAboutItem 09c - Case Management and Housing Navigation Services
STAFF REPORT
RECREATION & COMMUNITY SERVICES DEPARTMENT
DATE: May 5, 2026
TO: Honorable Mayor and City Council
FROM: Sara Somogyi, Director of Recreation and Community Services
By: Ashley Marston, Senior Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH HOUSING
EMPOWERMENT RECOVERY & OUTREACH COMMUNITY SERVICES FOR
CASE MANAGEMENT AND HOUSING NAVIGATION SERVICES IN AN
AMOUNT NOT TO EXCEED $289,185
CEQA: Not a Project
Recommendation: Approve
SUMMARY
The Recreation and Community Services Department utilizes contract services to
provide case management and housing navigation services in the City. To ensure the
City is receiving the highest quality service and most competitive pricing, staff issued
a Request for Proposals (“RFP”) for Case Management/Housing Navigation Services.
Housing Empowerment Recovery & Outreach Community Services (“HERO")
provided the proposal that best meets the City’s needs. The proposed agreement is
for the period of one year with the option to renew annually, for a maximum of three
additional years.
It is recommended that the City Council approve, authorize, and direct the City
Manager to execute a Professional Services Agreement with HERO for Case
Management/Housing Navigation Services, in an amount not to exceed $289,185,
with the option for three one-year extensions. It is further recommended that the
City Council delegate the authority to approve the optional renewals under this
agreement to the City Manager, provided that any financial increases remain within
standard inflationary levels.
Professional Services Agreement for Homeless Case Management/Housing
Navigation Services
May 5, 2026
Page 2 of 4
BACKGROUND
On June 21, 2022, the City Council approved a contract with Los Angeles Centers for
Alcohol and Drug Abuse (“L.A. CADA”) for three full-time case managers/housing
navigators, who provide seven days of coverage. The contract was renewed for an
additional three years and is set to expire on June 30, 2026.
On November 18, 2025, the City Council approved a Memorandum of Agreement
with the San Gabriel Valley Council of Governments (“SGVCOG”) to accept Measure A
funds for homeless programs. Per the Agreement, the City operates several projects
with Measure A funds, including Case Management/Housing Navigation Services.
DISCUSSION
In January 2026, a Notice Inviting Proposals was published for Case
Management/Housing Navigation Services, in accordance with City Council
Resolution No. 7483. On February 12, 2026, the City received four proposals that
were evaluated by a panel from the Recreation and Community Services
Department.
The panel considered thoroughness, understanding of the scope of work, related
experience, references, quality, and costs. Further, the panel conducted interviews
to ascertain additional information from each of the proposers and requested
updated costs to receive more competitive pricing. The results of the evaluation,
including a final ranking, score (out of 100 points), and costs, are listed below:
Company Name Rank Score Cost Annual Escalator
HERO 1 95 $289,185 3.5%
less one-time expenses
L.A. CADA 2 93 $293,000 5%
Volunteers of America 3 89 $280,000 5% on personnel
Correctional Health
Treatment Centers 4 61 $270,000 5%
After careful consideration, the panel selected HERO to perform these services, as
their qualifications, knowledge, experience, and cost most closely fit the needs of the
Professional Services Agreement for Homeless Case Management/Housing
Navigation Services
May 5, 2026
Page 3 of 4
City of Arcadia. HERO’s proposal was comprehensive, demonstrating their
understanding of the scope of work and Arcadia’s values. HERO is a smaller, non-
profit organization focusing on quality, responsiveness, and deep community
integration. HERO employs qualified staff with lived experience, providing the unique
ability to meet individuals where they are, establish trust, and build authentic
relationships with clients. Further, many of HERO’s employees have experience in
providing homeless services in Arcadia and are familiar with the City’s procedures
and local population. This familiarity will help the organization work effectively on
day one. Beyond their employees, HERO has connections to regional resources and
preexisting relationships with local housing options, providing Arcadia with a
gateway to expedited housing placements. Additionally, the organization is willing to
adjust their schedules and approach to maximize their time and effectiveness for the
upcoming 2028 Olympic and Paralympic Games. Their tailored approach, willingness
to go above and beyond, and connections to regional resources make HERO the most
suitable option for the contract.
While HERO’s cost proposal was not the lowest, the panel determined the
organization to be superior in terms of service quality, responsiveness, and
resources. Additionally, HERO proposed the smallest annual escalator rate, ensuring
that possible extensions will result in more competitive costs over a four-year period.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California
Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have
no impact on the environment.
FISCAL IMPACT
The proposed FY 2026-27 contract cost is an increase of $9,150 from the current
annual amount, roughly a 3% increase. The contract and possible extensions will be
supported by a combination of different grant funds, based on availability. The
annual contract costs and projected funding sources are listed below.
Professional Services Agreement for Homeless Case Management/Housing
Navigation Services
May 5, 2026
Page 4 of 4
Fiscal Year Contract Amount Projected Funding Sources
2026-27 $289,185
ARPA: $145,000
Measure A: $100,000
PLHA: $45,000
2027-28 $292,067 Measure A & PLHA
2028-29 $302,289 Measure A & PLHA
2029-30 $312,869 Measure A & PLHA
While Measure A and PLHA are permanent funding sources, the amount received by
the City varies each year. Due to this fluctuation in funding, future allocations are
difficult to project and funding sources are subject to change based on amounts and
availability.
RECOMMENDATION
It is recommended that the City Council determine that this action does not
constitute a project under the California Environmental Quality Act (“CEQA”); and
approve, authorize, and direct the City Manager to execute a Professional Services
Agreement with Housing Empowerment Recovery & Outreach Community Services
for Case Management and Housing Navigation Services in an amount not to exceed
$289,185, with the option for three one-year extensions. It is further recommended
that the City Council delegate the authority to approve any optional renewals under
this agreement to the City Manager, provided that any financial increases remain
within standard inflationary levels.
Attachment: Proposed Professional Services Agreement
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
CASE MANAGEMENT/HOUSING NAVIGATION SERVICES
This Agreement is made and entered into as of July 1, 2026, 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 Housing Empowerment Recovery & Outreach Community
Services (“HERO"), a non-profit organization with its principal place of business at 8605 Santa
Monica Blvd. #196067 West Hollywood, CA 90069 (hereinafter referred to as “Contractor”).
City and Contractor 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. Contractor 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
Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor 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
Contractor under this Agreement exceed the sum listed set forth in Exhibit “B.”. This amount
is to cover all costs, and the City will not pay any additional fees. Periodic payments shall be
made within 30 days of receipt of an invoice which includes a detailed description of the work
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performed. Payments to Contractor for work performed will be made on a monthly billing
basis.
3. Additional Work.
If changes in the work seem merited by Contractor 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
Contractor 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 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 Contractor and made available at all reasonable times
during the contract period and for four (4) years from the date of final payment under the
contract for inspection by City.
5. Term.
The term of this Agreement shall be from July 1, 2026, to June 30, 2027, 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. Contractor shall perform its
services in a prompt and timely manner within the term of this Agreement.
6. Delays in Performance.
a. Neither City nor Contractor 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.
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a. Contractor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Contractor shall assist the City, as requested, in obtaining and
maintaining all permits required of Contractor by federal, state and local regulatory agencies.
c. If applicable, Contractor 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.
8. Standard of Care.
Contractor’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 Subcontractor.
Contractor 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 Contractor from employing independent associates,
and subcontractors as Contractor may deem appropriate to assist in the performance of
services hereunder.
10. Independent Contractor.
Contractor is retained as an independent contractor and is not an employee of City.
No employee or agent of Contractor 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. Contractor 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, Contractor shall not allow any subcontractor to commence work on any
subcontract until it has secured all insurance required under this section. Contractor and
subcontractors are also required to meet additional insurance requirements described in
the Additional Insurance Requirements attached hereto as Exhibit “C.”
a. Commercial General Liability.
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(i) The Contractor 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 Contractor
shall procure and submit evidence of insurance for at
least five (5) years from the time that all work under
this Agreement is completed.
(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 Contractors Coverage
(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.
Contractor may provide blanket endorsements to meet the Additional Insured requirement
in this written contract. However, all subcontractors’ endorsements shall specifically name
the City, its elected officials, officers, employees, volunteers, boards, agents, and
representatives as additional insureds and blanket endorsements are not acceptable.
(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.
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b. Automobile Liability.
(i) At all times during the performance of the work under this
Agreement, the Contractor 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. Contractor may provide blanket
endorsements to meet the Additional Insured requirement in this written contract. However,
all subcontractors’ endorsements shall specifically name the City, its elected officials, officers,
employees, volunteers, boards, agents, and representatives as additional insureds and
blanket endorsements are not acceptable.
(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) Contractor 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 Contractor has employees at any time during the
term of this Agreement, at all times during the performance of the work under this
Agreement, the Contractor 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. Contractor shall require all subcontractors 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 Contractor
shall maintain professional liability or Errors and Omissions insurance appropriate to its
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profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. 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 Contractor. “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 Contractor 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 Certificat e 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
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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) Contractor shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Contractor 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 Contractor 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. Contractor may provide blanket
endorsements to meet the Additional Insured requirement in this written contract.
However, all subcontractors’ endorsements shall specifically name the City, its elected
officials, officers, employees, volunteers, boards, agents, and representatives as additional
insureds and blanket endorsements are not acceptable.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Contractor’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. Contractor shall maintain such coverage continuously
for a period of at least three years after the completion of the work under this Agreement.
Contractor 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 Contractor
or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from
each of its subcontractors.
(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 Contractor
from liability in excess of such coverage, nor shall it limit the Contractor’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.
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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 Contractor, 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 Contractor 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 Contractor
or City will withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, City may cancel this Agreement.
(iii) The City may require the Contractor 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. Subcontractor Insurance Requirements. Contractor shall not allow any
subcontractors or subcontractors 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 subcontractors 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. All subcontractors’ endorsements shall specifically name the City, its elected
officials, officers, employees, volunteers, boards, agents, and representatives as additional
insureds and blanket endorsements are not acceptable. If requested by Contractor, City
may approve different scopes or minimum limits of insurance for particular subcontractors
or subcontractors.
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12. Indemnification.
a. To the fullest extent permitted by law, Contractor 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 Contractor, its officials, officers,
employees, subcontractors, Contractors or agents in connection with the performance of the
Contractor’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. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by Contractor, 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, Contractor’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 Contractor, but shall not otherwise be reduced. If Contractor’s obligations
to defend, indemnify, and/or hold harmless arise out of Contractor’s performance of “design
professional services” (as that term is defined under Civil Code section 2782.8), then upon
Contractor obtaining a final adjudication that liability under a claim is caused by the
comparative active negligence or willful misconduct of the City, Contractor’s obligations shall
be reduced in proportion to the established comparative liability of the City and shall not
exceed the Contractor’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Contractor 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, Contractor agrees to fully comply with such
Prevailing Wage Laws. Contractor 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 the Contractor and all subcontractors 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).
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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 Contractor and all
subcontractors performing such services must be registered with the Department of
Industrial Relations. Contractor shall maintain registration for the duration of the Project
and require the same of any subcontractors, as applicable. This Project may also be subject
to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Contractor’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 Contractor’s sole
responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders
shall be considered Contractor caused delay and shall not be compensable by the City.
Contractor 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 Contractor or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Contractor 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 Contractors and sub-
contractors 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 Contractor. 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 Contractor the
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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 perform ed during
such task shall be the reasonable value of such services, based on an amount mutually
agreed to by City and Contractor 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. Contractor shall not be entitled to payment for
unperformed services, and shall not be entitled to damages or compensation for termination
of work.
b. Contractor 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 Contractor.
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.
Contractor shall assign Joshua Heinzman 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
375 Campus Drive
Arcadia, CA 91007
Attn: Ashley Marston
Recreation & Community Services
CONTRACTOR:
Housing Empowerment Recovery &
Outreach (HERO) Community Services
8605 Santa Monica Blvd., Unit 196067
West Hollywood, CA 90069
Attn: Joshua Heinzman
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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 Contractor.
22. Equal Opportunity Employment.
Contractor 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 Fede ral
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.
23. Entire Agreement.
This Agreement, with its exhibits, represents the entire understanding of City and
Contractor 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,
Contractor 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.
13
27. Time of Essence.
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Contractors.
City reserves its right to employ other Contractors, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests.
Contractor maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Contractor, to solicit
or secure this Agreement. Further, Contractor 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
Contractor, 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]
14
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND HOUSING EMPOWERMENT RECOVERY & OUTREACH (HERO) COMMUNITY
SERVICES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA HOUSING EMPOWERMENT RECOVERY &
OUTREACH (HERO) COMMUNITY SERVICES
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Michael J. Maurer
City Attorney
Printed Name
15
EXHIBIT “A”
Scope of Services
Services will benefit PEH and those who are 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 Referrals
• Financial Allocations
• Essential Resource Distribution
• Transporting Clients
• Housing Placement
• CES and HMIS Entry
• Data and Reports
1. Best Practices
Contractor will follow best practices for providing services for PEH, including
housing-first and trauma-informed care. Contractor shall work with each participant
to develop an individual service plan to gauge participants’ needs, goals, skills and
abilities, personal characteristics, and physical capabilities. Contractor will include a
follow up plan on client whereabouts after intervention.
2. Schedule
Case Managers/Housing Navigators will work a full-time, 40-hour week. Between
three Case Managers/Housing Navigators, coverage will be expected Monday-
Sunday, seven days a week. In the event a Case Manager/Housing Navigator takes
vacation or calls out, the Contractor must find a replacement and notify the City of
the change. Time of each Case Manager/Housing Navigator will be split between
office work and street outreach. No fewer than 16 hours per week, per Case
Manager/Housing Navigator shall be allocated to street outreach. A set weekly
schedule for all Case Managers/Housing Navigators is required; however, daily
hours of operation can vary day by day and may be adjusted based on City needs.
Contractor is required to meet regularly with City staff and attend community
engagement meetings and events in which services may be required.
3. Response Times & Manner
Requests for services will be available to both the public and City staff by email and
phone. Contractor will create and manage an Arcadia specific email address and an
Arcadia specific phone number to receive service requests. 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 within one business day.
16
4. Equipment & Workspace
Contractor must provide their own equipment including laptop computers, Wi-Fi
hotspots, cell phones, vehicle, and any other equipment necessary for completing
the Scope of Services. Contractor 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. Contractor must have a system database for
tracking all data required by the City. The City and Contractor will discuss suitable
workspaces for Case Managers/Housing Navigators after selection. Currently,
workspace is located at the Arcadia Public Library on Wednesdays and at the
Recreation & Community Services Department on an as needed basis.
5. Financial Allocations
With City prior approval, Contractor will distribute and track financial allocation to
PEH and those at-risk of homelessness. Every financial allocation must be
accompanied by a client form and an itemized receipt. Allocations will adhere to City
policies, including pre-requisites and annual limits, and may require client follow-up.
6. Data & Reporting
Contractor agrees to prepare and submit data, forms, and reports as required by
the City.
a. Data required includes, but is not limited to:
• Street outreach hours and office hours
• First-time encounters and follow-ups
• Client demographics
• Financial allocations and item distributions
• Connections to supportive services
• Connections to housing
• Housing status follow-ups
b. Forms and reports include, but are not limited to:
• Client Forms (PDF)
• Monthly Report (PDF)
• Monthly Narrative Log (PDF or Word Doc) - Confidential
• Quarterly Interactions Log (Excel File)
7. Invoices
Contractor shall submit invoices for reimbursement monthly no later than the 10th
day of the subsequent month. Invoices must be accompanied by supporting
documentation, including the Monthly Report, Monthly Narrative Log, Client Forms,
and receipts. Invoices will not be processed until all supporting documentation has
been received by the City. Payment is issued in the form of a check typically two
weeks after receipt of invoice is confirmed.
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8. Record Retention
Financial records, supporting documents, statistical records, and all other records
pertaining to the use of the funds provided shall be retained by the Contractor for a
period of five (5) years, at a minimum, and in the event of litigation, claim, or audit,
the records shall be retained until all litigation, claims, and audit findings involving
the records have been fully resolved. The Contractor shall maintain all records
including, but not be limited to:
• Records providing a full description of each activity undertaken
• Records required to determine the eligibility of activities
• Financial records
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EXHIBIT “B”
Schedule of Charges/Payments
This is a time-and-materials contract. Contractor will invoice City on a monthly cycle.
FISCAL YEAR 2026-27 ANNUAL
COST
PERSONNEL SALARY
Case Manager Coordinator $34.00/hour $70,720
Case Manager $27.00/hour $56,160
Case Manager $27.00/hour $56,160
PERSONNEL BENEFITS
Case Manager Coordinator Payroll tax and benefits: 25% $17,680
Case Manager Payroll tax and benefits: 25% $14,040
Case Manager Payroll tax and benefits: 25% $14,040
OPERATION EXPENSES
Insurance $9,000
Vehicle down payment, lease, gas, and maintenance $18,195
Laptops $1,500
Cellphones and hot spot $2,000
Office supplies $1,000
Client supplies $2,400
MISCELLANEOUS OR INDIRECT EXENSES
10% Indirect costs $26,290
FISCAL YEAR 2026-27 TOTAL
$289,185
POSSIBLE EXTENSIONS
FISCAL YEAR ANNUAL
COST
2027-28 $292,067
2028-29 $302,289
2029-30 $312,869
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EXHIBIT “C”
Additional Insurance Requirements
This contract is partially supported by grant funding offered via Los Angeles County
Development Authority (LACDA), therefore additional insurance requirements as
established by LACDA must also be met. Any additional Exhibits referenced below refer to
the City’s contract with LACDA, which will be furnished upon request.
LOS ANGELES COUNTY DEVELOPMENT AUTHORITY INSURANCE REQUIREMENTS
1.0 Insurance
Without limiting the Operating Agency's indemnification of LACDA lndemnitees, and in the
performance of this Contract and until all its obligations pursuant to this Contract have
been met, the Operating Agency shall provide and maintain at its own expense insurance
coverage satisfying the requirements specified herein. These minimum insurance
coverage terms, types and limits (the "Required Insurance") also are in addition to and
separate from any other contractual obligation imposed upon the Operating Agency
pursuant to this Contract. The LACDA does not guarantee that the Required Insurance is
sufficient to protect the Operating Agency from liabilities which may arise from or related
to this Contract.
The insurance policies are to contain and be endorsed to contain, the provisions set forth
herein. All certificates of insurance and endorsements shall carry the following identifier:
City Of Arcadia (the "Operating Agency")
PLH180-26 - Year 5 Activity 6 Homeless Case Management and Housing Navigation
Services
If circumstances or activities change during the fiscal year for any of the projects, the
Operating Agency shall immediately notify the LACDA of any circumstances or activity
changes that may affect the insurance requirements herein. The Operating Agency's
failure to comply with and LACDA amended insurance requirements shall be deemed a
material breach of this Contract.
Funding advance, reimbursement, or disbursement may be delayed until all the insurance
requirements have been met.
Exceptions to the Required Insurance will be granted on a case-by-case basis at the
discretion of the LACOA's Risk Management. Prior to the Operating Agency receiving funds,
the LACDA will review the activities of the Operating Agency for required insurance.
The LACDA reserves the right, at its sole and absolute discretion, to amend at any time the
provisions of EXHIBIT “B”.
20
1.1 Insurance Coverage
All insurance coverage requirements listed below are to be provided upon the
execution of the Contract between the Operating Agency and the LACDA, unless
otherwise specified.
[INSURANCE REQUIREMENTS CONTINUED ON FOLLOWING PAGE]
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OPERATING AGENCY REQUIREMENTS (Non-Construction):
GENERAL LIABILITY: (providing scope of coverage equivalent to ISO policy form
CG 00 01), naming the LACDA, its Special Districts, Elected Officials, Officers, Agents,
Employees and Volunteers (collectively "LACDA and its Agents") as Additional Insureds
Endorsement page with primary and non-contributory coverage and a waiver of
subrogation naming the LACDA and the County of Los Angeles ("County") is required.
General Aggregate: $2 Million
Personal and Advertising Injury: $1 Million
Each Occurrence: $1 Million
SEXUAL MISCONDUCT LIABILITY: Insurance shall include covering for actual or
alleged claims for sexual misconduct and/or molestation, and claims for negligent
employment, investigation, supervision, training or retention of, or failure to report to
proper authorities, a person(s) who committed any act of
B abuse, molestation,
nature.
Per Claim
Aggregate
harassment, mistreatment or maltreatment of a sexual
$2 Million
$2 Million
COMMERCIAL AUTOMOBILE INSURANCE: Shall include coverage of all
"owned", "hired" and "non-owned" vehicles, or coverage for "any auto". Shall
c include a waiver of subrogation in favor of the LACDA.
Bodily injury and property damage, in combined
or equivalent split limits, for each single accident $50 Thousand
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY: as required by
the Labor Code of the State of California. Must include a waiver of subrogation in favor of
the LACDA. In all cases, insurance shall include employer's liability coverage with limits
of not less than indicated.
Employers' Liability coverage with limits of not less than $1 Million
PROFESSIONAL LIABILITY/ERRORS AND OMISSION INSURANCE:
Appropriate to the professional's profession in an amount not less than
LACDA requirements. Said insurance shall be maintained for a period of not less
than three (3) years following this Contract's expiration, termination or cancellation.
Per Claim $1 Million
Per Aggregate -$2 Million CRIME INSURANCE:Including, but not limited to,
coverage against loss of money, employee
theft/forgery, securities, inventory or other property, with
limits in amounts not less than indicated.
See Section 1.2.3
E
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OPERATING AGENCY REQUIREMENTS (Construction & Environmental):
B RESERVED
GENERAL LIABILITY: (providing scope of coverage equivalent to ISO police
form CG 00 01), naming the LACDA, its Special Districts, Elected Officials,
Officers, Agents, Employees, and Volunteers (collectively "LACDA and its
Agents"). Additional Insured Endorsement page with primary and non
contributory coverage and a waiver of subrogation naming the LACDA and the County
is required. Coverage shall include an XCU Endorsement for explosion, collapse, and
underground ("XCU") hazards, property damage liability.
General Aggregate: $2 Million
Products/Completed Operations Aggregate $2 Million
Personal and Advertising Injury: $1 Million
Each Occurrence: $1 Million
COMMERCIAL AUTOMOBILE INSURANCE: Shall include coverage of all
"owned", "hired" and "non-owned" vehicles, or coverage for "any auto", pollution liability
broadened coverage for covered autos and a waiver of subrogation.
C
The automobile liability policy shall be endorsed to include transportation pollution
liability insurance covering materials to be transported by Contractor pursuant to the
Contract. This coverage may also be provided on the Contractor's pollution liability
policy. If automobiles are to be used for transporting hazardous materials, the Contractor
shall provide pollution liability broadened coverage for covered autos as well as proof of
MCS 90.
Bodily injury and property damage, in combined or
equivalent split limits, for each single accident
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY: as required by
the Labor Code of the State of California. Must include a waiver of subrogation in favor
of the LACDA. In all cases, insurance shall include employer's liability coverage with
limits of not less than indicated.
Employers' Liability coverage with limits of not less
than
1 Million
E
PROFESSIONAL LIABILITY INSURANCE: Appropriate to the professional's
profession in an amount not less than the LACDA requirements. Said insurance shall be
maintained for a period of not less than three (3) years following this Contract's
expiration, termination or cancellation.
Per Claim $1 Million
Per Aggregate $2 Million
$1 Million
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RESERVED
POLLUTION LIABILITY INSURANCE AND/OR ASBESTOS POLLUTION
LIABILITY AND/OR ERRORS & OMISSIONS: applicable to the work being
performed including coverage for bodily injury, personal injury, death, property
damages, and environmental damage. The LACDA and the County shall be
covered as additional insureds on the pollution liability insurance policy with
limits not less than $2,000,000 general aggregate and $1,000,000 each occurrence.
Said policy shall also include but not be limited to, coverage for any and all
remediation costs, including, but not limited to, brownfield restoration and clean-
up costs, and coverage for the removal, repair, handling, and disposal of asbestos
and/or lead containing materials where applicable. The LACDA and the County
shall be covered as additional insureds on the pollution liability insurance policy.
If the general liability insurance policy and/or the pollution liability insurance
policy is written on a claims-made form, then said policy or policies shall also
comply with all the following requirements:
a. The retroactive date must be shown on the policy and must be before the
date of this Contract or the beginning of the work or services that are the
subject of this Contract;
G
b. Insurance must be maintained and evidence of insurance must be provided
for the duration of this Contract or for five (5) years after completion of the
work or services that are the subject of this Contract, whichever is greater;
c. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date
of this Contract, then the Operating Agency must purchase an extended
period coverage for a minimum of five (5) years after completion of work
or services that are the subject of this Contract;
d. A copy of the claims reporting requirements must be submitted to the
LACDA for review; and
e. If the work or services that are the subject of this Contract involve lead
based paint or asbestos identification/remediation, then the Operating
Agency's pollution liability shall not contain any lead-based paint or
asbestos exclusions;
f. If the services involve mold identification/remediation, the Operating
Agency's pollution liability shall not contain a mold exclusion and
definition of "pollution" shall include microbial matter including mold.
F
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1.2 Additional Unique Coverage
1.2.1 Sexual Misconduct Liability
Coverage is required when services in relation to this Contract involve care
or supervision of children, seniors and other vulnerable persons and
insurance shall include covering for actual or alleged claims for sexual
misconduct and/or molestation with limits of not less than $2 million per
claim and $2 million aggregate, and claims for negligent employment,
investigation, supervision, training or retention of, or failure to report to
proper authorities, a person(s) who committed any act of abuse,
molestation, harassment, mistreatment or maltreatment of a sexual
nature.
1.2.2 Professional Liability/Errors and Omissions
Insurance covering the Operating Agency's liability arising from or related
to this Contract, with limits of not less than $2 million per claim and $2
million aggregate. Further, the Operating Agency understands and agrees it
shall maintain such coverage for a period of not less than three (3) years
following this Contract's expiration, termination or cancellation.
1.2.3 Crime Coverage
Including, but not limited to, coverage against loss of money, employee
theft/forgery, securities, inventory or other property, with limits in amounts
not less than indicated.
If the aggregate budgeted amount for the current fiscal year allotted for the
Operating Agency is less than Fifty Thousand dollars ($50,000), the
Operating Agency shall not be required to comply with this Section 1.2.3.
If the aggregate budgeted amount for the current fiscal year allotted for the
Operating Agency is equal to or greater than Fifty Thousand dollars
($50,000), then the Operating Agency shall be required to comply with this
Section 1.2.3.
A. The Operating Agency shall procure and maintain, at its sole cost and
expense, crime coverage or a fidelity bond covering each employee of
the Operating Agency, whether or not they are compensated.
B. The fidelity bond may be either a primary commercial blanket bond or a
blanket position bond written by an insurer licensed by the California
Insurance Commissioner.
25
C. The fidelity bond shall provide minimum coverage equivalent to 50% of
the cumulative project budget approved for the current fiscal year, not to
exceed One Million dollars ($1,000,000). The project budget shall be
outlined in EXHIBIT “A”.
D. The Operating Agency shall maintain the fidelity bond for the duration of
this Contract. The fidelity bond may contain a provision for a deductible
amount from any loss which, except for such deductible provision,
would be recoverable from the insurer. A deductible provision shall not
be in excess of ten percent (10%) of the required minimum bond
coverage.
If the Operating Agency experiences an increase in funding during the fiscal
year, the crime coverage requirement will be reassessed, and additional
coverage may be required at the sole discretion of the LACDA. Any deviation
from this fidelity bond section shall require specific written approval by the
LACDA.
1.3 Certificate of Insurance Coverage:
1.3.1. Certificate(s) of Insurance Coverage ("Certificate") satisfactory to the LACDA,
and a copy of an Additional Insured Endorsement confirming the LACDA
and the County has been given Insured status under the Operating Agency's
general liability and excess liability policy, shall be delivered to the LACDA at
the address shown below and provided prior to commencing services under
this Contract.
1.3.2. Renewal Certificates shall be provided to the LACDA not less than ten (10)
days prior to Operating Agency's policy expiration dates. The LACDA
reserves the right to obtain complete, certified copies of any required
Operating Agency and/or Sub-Contractor insurance policies at any time.
1.3.3. Certificates shall identify all Required Insurance coverage types and limits
specified herein, reference this Contract by name or number, and be signed
by an authorized representative of the insurer(s). The insured party named
on the certificate shall match the name of the Operating Agency identified
as the contracting party in this Contract. All certificates of insurance and
endorsements shall carry the following identifier:
26
PLH180-26 - Year 5 Activity 6 Homeless Case Management and Housing
Navigation Services
1.3.4. Certificates shall provide the full name of each insurer providing coverage,
its National Association of Insurance Commissioners ("NAIC") identification
number, its financial rating, the amounts of any policy deductibles or self-
insured retentions exceeding Fifty Thousand ($50,000.00) dollars and list
any LACDA required endorsement forms.
1.3.5. Neither the LACDA's failure to obtain, nor the LACDA's receipt of, or failure
to object to a non-complying certificate or endorsement, or any other
insurance documentation or information provided by the Operating Agency
or, its insurance broker(s) and/or insurer(s), shall be construed as a waiver
of any of the Required Insurance provisions.
1.3.6. Certificates and copies of any required endorsements shall be sent
to: Los Angeles County Development Authority
Attn: Community Development
Division 700 W. Main Street, Alhambra,
CA 91801
1.4 Notices of Injury or Damage or Destruction
The Operating Agency also shall promptly report to the LACDA any injury or
property damage accident or incident, including any injury to an Operating Agency
employee occurring on an LACDA property, and any loss, disappearance,
destruction, misuse, or theft of the LACDA property, monies or securities entrusted
to the Operating Agency. The Operating Agency also shall promptly notify the LACDA
of any third-party claim or suit filed against the Operating Agency or any of its Sub-
contractors which arises from or relates to this Contract and could result in the filing
of a claim or lawsuit against the Operating Agency and/or the LACDA.
1.5 Additional Insured Status and Scope of Coverage
The LACDA and the County shall be provided additional insured status under the
Operating Agency's general liability and excess liability policy with respect to liability
arising out of the Operating Agency's products, completed and ongoing operations
performed on behalf of the LACDA. The LACDA and the County additional insured
status shall apply with respect to liability and defense of suits arising out of the
Operating Agency's acts or omissions, whether such liability is attributable to the
Operating Agency or to the LACDA. The full policy limits and scope of protection also
shall apply to the LACDA and the County as an additional insured, even if they
exceed the LACDA's minimum Required Insurance specifications herein. Use of an
27
automatic additional insured endorsement form is acceptable provided it satisfies
the Required Insurance provisions herein.
1.6 Cancellation of or Change to Maintain Insurance
The Operating Agency shall provide the LACDA with, or the Operating Agency's
insurance policies shall contain a provision that the LACDA shall receive, written
notice of cancellation or any change in Required Insurance, including insurer, limits
of coverage, term of coverage or policy period. The written notice shall be provided
to the LACDA at least ten (10) days in advance of cancellation for non-payment of
premium and thirty (30) days in advance for any other cancellation or policy change.
Failure to provide written notice of cancellation or any change in Required
Insurance may constitute a material breach of the Contract, in the sole discretion of
the LACDA, upon which the LACDA may suspend or terminate this Contract.
1.7 Failure to Maintain Insurance
The Operating Agency's failure to maintain or to provide acceptable evidence that
it maintains the Required Insurance shall constitute a material breach of the
Contract, upon which the LACDA immediately may withhold payments due to
Operating Agency, and/or suspend or terminate this Contract. The LACDA, at its
sole discretion, may
obtain damages from the Operating Agency resulting from said breach.
Alternatively, the LACDA may purchase the Required Insurance, and without further
notice to the Operating Agency, deduct the premium cost from sums due to the
Operating Agency or pursue the Operating Agency's reimbursement.
1.8 Operating Agency's Insurance Shall Be Primary
The Operating Agency's general liability, excess liability, pollution liability and/or
asbestos pollution liability and auto liability insurance policies, with respect to any
claims related to this Contract, shall be primary with respect to all other sources of
coverage available to the Operating Agency. Any LACDA maintained insurance or
self-insurance coverage shall be in excess of and not contribute to any Operating
Agency coverage.
1.9 Insurance Specifics
1.9.1. Waivers of Subrogation
To the fullest extent permitted by law, the Operating Agency hereby waives
its rights and its insurer(s)' rights of recovery against the LACDA under all
the Required Insurance for any loss arising from or relating to this
Contract. The Operating Agency shall require its insurers to execute any
28
waiver of subrogation endorsements which may be necessary to effect such
waiver.
1.9.2. Sub-Contractor Insurance Coverage Requirements
The Operating Agency shall be responsible for verifying that each
Contractor/Sub-Contractor complies with the Required Insurance
provisions.
1.9.3. Deductibles and Self-Insured Retentions (SIRs)
The Operating Agency's policies shall not obligate the LACDA to pay any
portion of any Operating Agency deductible or SIR. The LACDA retains
the right to require the Operating Agency to reduce or eliminate policy
deductibles and SIRs related to the LACDA, or to provide a bond
guaranteeing the Operating Agency's payment of all deductibles and SIRs,
including all related, claims investigation, administration, and defense
expenses. Such bond shall be executed by a corporate surety licensed to
transact business in the State of California.
1.9.4. Claims Made Coverage
If any part of the Required Insurance is written on a claims made basis, any
policy retroactive date shall precede the effective date of this Contract. The
Operating Agency understands and agrees it shall maintain such coverage
for a period of not less than three (3) years following Contract expiration,
termination or cancellation.
1.9.5. Application of Excess Liability Coverage
The Operating Agency may use a combination of primary, and excess
insurance policies which provide coverage as broad as ("follow form" over)
the underlying primary policies, to satisfy the Required Insurance
provisions.
1.9.6. Separation of Insureds
All liability policies shall provide cross-liability coverage as would be
afforded by the standard ISO (Insurance Services Office, Inc.) separation of
insureds provision with no insured versus insured exclusions or limitations.
1.9.7. Alternative Risk Financing Programs
The LACDA reserves the right to review, and then approve, the Operating
Agency use of self-insurance, risk retention groups, risk purchasing groups,
29
pooling arrangements and captive insurance to satisfy the Required
Insurance provisions. The LACDA shall be designated as an additional
covered party under any approved alternative risk financing program.
1.10 LACDA Review and Approval of Insurance Requirements
The LACDA reserves the right to review and adjust the Required Insurance provisions,
conditioned upon the LACDA's determination of changes in risk exposures.