07-21-2020 - AGENDA ITEM 20 CONSIDERATION OF AN AGREEMENT WITH UNION STATION HOMELESS SERVICES, FOR IMPLEMENTATION OF CITY HOMELESS PLAN GRANT11/30/2020
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AGENDA ITEM NO. 20
DATE: July 21, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF AN AGREEMENT WITH UNION STATION HOMELESS
SERVICES, FOR IMPLEMENTATION OF CITY HOMELESS PLAN GRANT
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the agreement with Union Station to provide homeless services and authorize the City Manager
to negotiate and execute the agreement; and
2. Approve the following Resolution:
RESOLUTION NO.2020-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR
COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 (UNION STATION HOMELESS
SERVICES - VOUCHERS)
BACKGROUND:
On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of
Supervisors launched the Homeless Initiative (HI) to prevent and combat homelessness which continues to
pervade our communities. In February 2016, following an unprecedented collaborative planning process, the
Board of Supervisors approved a comprehensive plan consisting of 47 strategies. Recognizing the need to
sustain the HI strategies, the Board of Supervisors adopted an ordinance placing Measure H, a one -quarter cent
special sales tax for a period of 10 years, on the March 7, 2017 ballot. The ordinance that identifies 21 of the
51 HI strategies as eligible for funding through Measure H. On March 7, 2017, Los Angeles County voters
approved Measure H.
Since the inception of the HI in 2015, collaboration and engagement with the 88 cities in the County has been
a major priority for the County. Cities play a critical role in ensuring that the impact of these strategies is
maximized. Cities have jurisdiction over housing and land use for about one third of the County's land and
90% of the countywide population, and thus play a vital role, along with the County of Los Angeles, in
developing affordable housing and interim housing.
In 2017, the Board of Supervisors approved funding to cities to develop their own homelessness plans. In
2018, participating cities submitted their homelessness plans. In September 2018, the Board of Supervisors
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approved $9 million in Measure H funding for the HI and United Way Home for Good Funders Collaborative
to issue a Request for Proposals (RFP) for the cities to implement their homelessness plans, either as
individual cities or multi jurisdictional partners.
The City was funded by the County of Los Angeles to develop a homelessness plan in 2018. On September 14,
2018, the County released an RFP to fund the implementation of components of homelessness plans. West
Covina, as part of a five -city collaborative (ESGV Cohort), submitted a grant proposal to strengthen services
and Coordinated Entry System (CES) coordination by sharing a new five -member case management team to
offer a visible entry point into services in each of the cities and to mobilize for projects such as outreach fairs
and riverbed engagement with a goal to decrease homelessness in the five cities by engaging those
experiencing homelessness in essential supportive services to remove barriers and move them into permanent
housing. The proposal was successful and awarded by the County. The ESGV Cohort selected Union Station
Homeless Services (Union Station), a County -approved and vetted homeless service provider, to perform case
management services in accordance with the grant.
DISCUSSION:
In response to the same County September 2018 RFP, staff submitted an individual grant proposal for a
housing navigator. Viewing it as redundant to the ESGV Cohort proposal, the County requested an alternative
submittal. The City's revised submittal requested funding to pay for motel vouchers and security deposits to
temporarily house homeless persons and families in local motels. Prior to the motel stay, client assessments
will be made by a service provider. During the stay, linkages will be made to supportive services. The
proposal was funded at $100,000.
The City has selected Union Station to manage the distribution of the vouchers through City's contracted
Housing Navigator, also provided by Union Station. Union Station will utilize the vouchers on a case -by -case
basis to meet the needs of our clients and the community. Their main strategy in using motel vouchers is
primarily as "bridge housing" opportunities (housing that will bridge individuals into more permanent housing
models or other funded bridge housing beds at a shelter site) rather than using them for emergency shelter
stays of 1-7 days. While there are times when a client will need to utilize a motel room for a 1-7 day stay while
finding another solution (i.e., bus ride back home, bed at an emergency shelter, fleeing domestic violence
incident), Union Station finds this is the exception, not the rule, in part because the practice of housing and
then un-housing that person can be re -traumatizing and backwards moving. Vouchers will be an important and
necessary resource for the City's Housing Navigator as she assists at -risk and homeless clients with housing
plans. Distribution of the vouchers will be jointly managed by Union Station and the City, which assures
control over how and when vouchers are used.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreement and resolution and approved them as to form.
OPTIONS:
The City Council has the following options:
1. Approve the staff recommendation; or
2. Provide alternative direction.
Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:
The total grant award from the County is $100,000. The City will be paid out based on the invoicing for
reimbursable charges over the term of the agreement.
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Attachments
Attachment No. 1 - Professional Services Agreement
Attachment No. 2 - Resolution No. 2020-84 (Budget Amendment)
CITY Enhance the City Image and Effectiveness
COUNCIL Protect Public Safety
GOALS &
OBJECTIVES:
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ATTACHMENT NO.1
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
UNION STATION HOMELESS SERVICES
FOR
IMPLEMENTATION OF MOTEL VOUCHER PROGRAM
THIS AGREEMENT is made and entered into this 15th day of June, 2020 ("Effective
Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and UNION
STATION HOMELESS SERVICES, a California non-profit corporation ("Contractor").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Contractor as an independent
contractor to City to provide services to increase availability of temporary beds for emergency
housing in the area local to West Covina, as more fully described herein; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated, except that if Contractor is
required to but does not yet hold a City business license, it will promptly obtain a business license
and will not provide services to the City until it has done so; and
C. WHEREAS, City and Contractor desire to contract for the specific services
described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with
the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described
in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Contractor
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional Contractors in similar fields and circumstances in accordance with sound
professional practices. Contractor also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Contractor's performance of this Agreement. Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect
the performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. City officers and employees shall not be
liable at law or in equity for any claims or damages occurring as a result of failure of the Contractor
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to comply with this section.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to
the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has
the right to:
(a) Meet with Contractor to review the quality of the work and resolve the
matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws, including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation; and all other Federal,
State and local laws and ordinances applicable to the services required under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in,
nor permit its agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, age, physical or mental disability, medical condition,
genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression,
sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Aoreement. Contractor acknowledges that City may enter into
agreements with other Contractors for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Confidentiality. Employees of Contractor in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Contractor covenants that all data, documents, discussion, or other information
developed or received by Contractor or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Contractor without written authorization by City. City
shall grant such authorization if disclosure is required by law. All City data shall be returned to
City upon the termination of this Agreement. Contractor's covenant under this Section shall
survive the termination of this Agreement.
1.8 Public Records Act Disclosure. Contractor has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in California Government Code Section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all
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information obtained by it that is designated as a trade secret. The City shall not, in any way, be
liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the court.
2.0. COMPENSATION AND BILLING
2.1. Compensation. City shall pay Contractor on a reimbursement basis for allowable
costs incurred pursuant to the terms of this Agreement and in accordance with the fee schedule
set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule").
Total reimbursement shall not exceed One Hundred Thousand Dollars ($100,000.00).
2.2. Additional Services. Contractor shall not be reimbursed for any services provided
outside the scope of services unless the City, prior to Contractor performing the additional
services, approves such additional services in writing. It is specifically understood that oral
requests and/or approvals of such additional services or additional compensation shall be barred
and are unenforceable. Should the City request in writing additional services that increase the
Scope of Services, an additional fee based upon the Contractor's standard hourly rates shall be
paid to the Contractor for such additional services. Such increase in additional fees shall be limited
to 25% of the total contract sum or to the maximum total contract amount of $25,000, whichever
is greater. The Department Head or City Manager is authorized to approve a Change Order for
such additional services.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a
monthly basis. Said invoice shall be based on the total of all Contractor's services which have
been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45)
days from the date City receives said invoice. Each invoice shall describe the services performed,
the date of performance, and the actual expenses incurred. Any additional services approved and
performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times from the Effective
Date until three (3) years after the termination or expiration of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to by the
parties, the professional services to be performed pursuant to this Agreement shall commence
within five (5) days from the Effective Date of this Agreement. Failure to commence work in a
timely manner and/or diligently pursue work to completion may be grounds for termination of this
Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party. If a delay beyond the control of the Contractor is encountered, a time extension may be
mutually agreed upon in writing by the City and the Contractor. The Contractor shall present
documentation satisfactory to the City to substantiate any request for a time extension.
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4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
through February 28, 2021, unless previously terminated as provided herein or as otherwise
agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior
written notice to Contractor. In the event of such termination, Contractor shall immediately stop
rendering services under this Agreement unless directed otherwise by the City. If the City
suspends, terminates or abandons a portion of this Agreement such suspension, termination or
abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this
Agreement, it shall have ten (10) days after service upon it of written notice of such default in
which to cure the default by rendering a satisfactory performance. In the event that the Contractor
fails to cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this
Agreement.
The City also shall have the right, notwithstanding any other provisions of this Agreement,
to terminate this Agreement, at its option and without prejudice to any other remedy to which it
may be entitled to at law, in equity, or under this Agreement, immediately upon service of written
notice of termination on the Contractor. if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed
because of insolvency;
C. Make a general assignment for the benefit of creditors;
d. Default in the performance of any obligation or payment of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record
for thirty (30) days or longer; or
I. Institute or suffer to be instituted any procedures for reorganization or
rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and including
the effective date of the City's written notice of termination, within forty-five (45) days after the
effective date of the notice of termination or the final invoice of the Contractor, whichever occurs
last.
4.4. Documents. In the event of termination of this Agreement, all documents prepared
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by Contractor in its performance of this Agreement including, but not limited to, finished or
unfinished design, development and construction documents, data studies, drawings, maps and
reports, shall be delivered to the City within ten (10) days of the effective date of the notice of
termination, at no cost to City.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, with a
current A.M. Best's rating of no less than A:VII, and approved by City:
(a) Broad -form commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily injury
with a policy limit of not less than Two Million Dollars ($2,000,000.00),
combined single limits, per occurrence. If such insurance contains a
general aggregate limit, it shall apply separately to this Agreement or shall
be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per accident for bodily injury and
property damage.
(c) Workers' compensation insurance as required by the State of California,
with Statutory Limits, and Employer's Liability Insurance with a limit of no
less than One Million Dollars ($1,000,000.00) per accident for bodily injury
or disease. Contractor agrees to waive, and to obtain endorsements from
its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City, its officers,
agents, employees, and volunteers for losses arising from work performed
by Contractor for the City and to require each of its subcontractors, if any,
to do likewise under their workers' compensation insurance policies.
By execution of this Agreement, the Contractor certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self-insurance before
commencing any of the work.
The Contractor shall also comply with Section 3800 of the Labor Code by
securing, paying for and maintaining in full force and effect for the duration
of this Agreement, complete Workers' Compensation Insurance, and shall
furnish a Certificate of Insurance to the City before execution of this
Agreement by the City. The City, its officers and employees shall not be
responsible for any claims in law or equity occasioned by failure of the
Contractor to comply with this section.
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If the Contractor maintains higher limits or has broader coverage than the minimums
shown above, the City requires and shall be entitled to all coverage, and to the higher limits
maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed
boards, officers, officials, agents, employees, and volunteers are additional
insureds with respect to: liability arising out of activities performed by or on
behalf of the Contractor pursuant to its contract with the City; products and
completed operations of the Contractor; premises owned, occupied or used
by the Contractor; automobiles owned, leased, hired, or borrowed by the
Contractor.
(b) Notice of Cancelation: Each insurance policy required above shall provide
that coverage shall not be canceled, except with notice to the City.
(c) Primary Coverage: The Contractor's insurance coverage shall be primary
insurance as respects the City of West Covina, its officers, officials, agents,
employees, and volunteers. Any other insurance maintained by the City of
West Covina shall be excess and not contributing with the insurance
provided by this policy.
(d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any
right to subrogation which any insurer of said Contractor may acquire
against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions
of the policies shall not affect coverage provided to the City of West Covina,
its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self -insured retention to provide such coverage, the amount of such deductible or
self -insured retention shall be approved in advance by City. The City may require the Contractor
to purchase coverage with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The policy
language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or City.
5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance
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showing the insurance coverages and required endorsements described above, in a form and
content approved by City, prior to performing any services under this Agreement. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way the
indemnification provision contained in this Agreement.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by the
parties in interest at the time of such modification.
6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise
expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Contractor called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Key Personnel. It is the intent of both parties to this Agreement that Contractor
shall make available the professional services of the Director of Adult Services and the Associate
Director of Access & Engagement, who shall coordinate directly with City. Any substitution of key
personnel must be approved in advance in writing by City's Representative.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed
in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such communication
is sent by facsimile or by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the
official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR
Union Station Homeless Services
825 E. Orange Grove Blvd.
Pasadena, CA 91104
Tel: (626) 240-4550
Email: amiskey@unionstationhs.org
Attn: Anne Miskey, CEO
IF TO CITY:
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (626) 939-8494
Email: KMcDonald@westcovina.org
Attn: Kelly McDonald
6.5 Attorneys' Fees. If litigation is brought by any party in connection with this
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Agreement, each party shall be responsible for its own costs and expenses, including attorneys'
fees.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los
Angeles County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's
obligation to perform all other obligations to be performed by Contractor hereunder for the term
of this Agreement.
6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify,
hold free and harmless the City, its elected and appointed officials, officers, agents and
employees, at Contractor's sole expense, from and against any and all claims, demands, actions,
suits or other legal proceedings brought against the City, its elected and appointed officials,
officers, agents and employees arising out of the performance of the Contractor, its employees,
and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The
defense obligation provided for hereunder shall apply without any advance showing of negligence
or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be
required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
and appointed officials, officers, agents and employees based upon the work performed by the
Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or
not the Contractor, its employees, and/or authorized subcontractors are specifically named or
otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable
for the defense or indemnification of the City for claims, actions, complaints or suits arising out of
the sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Contractor's
Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Contractor shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, State Disability Insurance Compensation,
Unemployment Compensation, and other payroll deductions for Contractor and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Contractor shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contractor further agrees to
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indemnify and hold City harmless from any failure of Contractor to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to
Contractor's performance or services rendered under this Agreement, Contractor shall render any
reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Contractor or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Contractor agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City. Any
use of such documents for other projects not contemplated by this Agreement, and any use of
incomplete documents, shall be at the sole risk of City and without liability or legal exposure to
Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses,
and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Contractor. Contractor shall deliver to City any findings, reports, documents,
information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes
or any other related items as requested by City or its authorized representative, at no additional
cost to the City. Contractor or Contractor's agents shall execute such documents as may be
necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal
and external risks to the privacy and security of personal information that could result in the
unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.
Contractor shall regularly assess the sufficiency of any safeguards and information security
awareness training in place to control reasonably foreseeable internal and external risks, and
evaluate and adjust those safeguards in light of the assessment.
Union Station Homeless Services
Motel Voucher Program
Revised August 2019
6.14. Economic Interest Statement. Contractor hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City, Contractor
is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest
Statement (Form 700) with the City Clerk, for each employee providing advice under this
Agreement, prior to the commencement of work, unless waived by the City Manager.
6.15. Conflict of Interest. Contractor and its officers, employees, associates and
subcontractors, if any, will comply with all conflict of interest statutes of the State of California
applicable to Contractor's services under this agreement, including, but not limited to, the Political
Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections
1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest
in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree
with the performance of the services hereunder, including in any manner in violation of the Political
Reform Act. Contractor further covenants that in the performance of this Agreement, no person
having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing any
services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s)
and/or partnership(s) owning property in the City and further covenants and agrees that
Contractor and/or its subcontractors shall provide no service or enter into any agreement or
agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City prior to the completion of the work under this Agreement.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City
while this Agreement is in effect. The City will not pursue to hire any employee of the Contractor
while this Agreement is in effect and for two (2) years after the Agreement's termination date.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of any document, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the document referenced.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
10
Union Station Homeless Services
Motel Voucher Program
Revised August 2019
6.22. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the offending
provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement,
based upon the substantial benefit of the bargain for any party, is materially impaired, which
determination made by the presiding court or arbitrator of competent jurisdiction shall be binding,
then both parties agree to substitute such provision(s) through good faith negotiations.
6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement. Counterpart written signatures may be
transmitted by facsimile, email or other electronic means and have the same legal effect as if they
were original signatures.
6.25. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
6.26 Taxpayer Identification Number. Contractor shall provide City with a complete
Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal
Revenue Service.
[SIGNATURE PAGE FOLLOWS]
Union Station Homeless Services
Motel Voucher Program
Revised August 2019
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF WEST COVINA,
A municipal corporation
David Carmany
City Manager
CONTRACTOR /
Anne Miskey
Chief Executive
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
Helen Tran
Human Resources and Risk Management
Director
12
Date:
Date: June 25, 2020
Date:
Date:
Union Station Homeless Services
Motel Voucher Program
Revised August 2019
EXHIBIT A
SCOPE OF SERVICES
The City is seeking to fill the vital need of increasing availability of temporary beds for emergency
housing in the area local to West Covina. The City will reimburse Contractor for costs used to pay
for vouchers and security deposits to temporarily house homeless persons and families in local
motels. Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT)
assessments will be made prior an individual's motel stay. During the stay, linkages will be made
to supportive services.
Contractor will manage and coordinate the Motel Voucher Program by providing the following
services, primarily through its Housing Navigator:
1. Engaging with motel owners to increase interim housing opportunities.
2. Negotiations of rate of payments for vouchers with participating motels.
3. Evaluations and referrals of clients to the participating motels.
4. Receive invoices and pay motels upon use of the established voucher.
5. Provide short term motel stay with access to transitional housing if appropriate.
6. Facilitate the entry to transitional housing as appropriate.
7. Provide ongoing list of individuals participating in the Motel Voucher Program to the City.
8. Verify individuals' eligibility for program participation in accordance with criteria
established by the City.
9. Implement the security deposit program in accordance with criteria established by the City.
Contractor will provide the services in accordance with the target outcomes of the program as
described below and in accordance with the Motel Voucher Guidelines attached hereto as
Attachment 1.
Enaaae with Motel Owners
Activities
Metrics
Target Outcome
Engagement with motel
Number of interim housing operators
owners to increase interim
engaged
1
housing opportunities.
Imnlement the Motel Voucher Program
Activities
Metrics
Target Outcome
Interim Housing Vouchers
Number of new locations providing interim
1
housing
Number of new rooms secured for interim
5
housing
Number of individuals and family members
newly enrolled during report period
15
(unduplicated)
Number of individuals and family members
active in the program during report period
15
(unduplicated)
Number individuals and family members
who exited to any destination during report
15
period (unduplicated)
Number of individuals and family members
who exited to permanent housing 5
destination during report period
(unduplicated)
Implement the Securitv Denosit Program
Activities
Metrics
Target Outcome
Security Deposits
Number of Security Deposits Provided
2
Number of individuals and family members
2
placed in housing due to security deposit
payments
ATTACHMENT
MOTEL VOUCHER GUIDELINES
Criteria:
1. Participants should be literally homeless in West Covina or should have some ties whether
such ties are from relatives, school, health/mental services and/or work.
2. Participants must be willing to participate in Housing Navigation.
3. Harm reduction model will be utilized in order to work with participant's behavior.
Types of Beds:
1. Outreach/Navigation: 45-90 day stay with weekly re-evaluation but possibility of
extension if participants are actively engaged in housing navigation process. Participants
have a housing plan and are awaiting Rapid Re -Housing /Permanent Supportive Housing.
Participants will be asked to contribute a 30 % of their income if their stay is more than
60 days and have income (SS//SSD//SSA).
Contractor will notify City of any extensions.
2. Crisis/Temporary: 2-week stay with a re-evaluation each week. The beds will be utilized
for participants who have some type of immediate plan such as interim housing, substance
abuse programs, linkage to board and care and re -unification with family.
Contractor will notify City of any extensions.
3. Civil/Emergency: Short-term and for emergency purposes. City officials/PD/FD are
getting repeated calls about a participant who has no clear housing plan and/or encounter
a family after hours.
EXHIBIT B
FEE SCHEDULE
Contractor will be paid a maximum of $100,000 as direct reimbursement for actual expenditures
of motel vouchers and security deposits provided through the Motel Voucher Program. The term
of a stay shall be in accordance with the Motel Voucher Guidelines set forth in Attachment 1 to
Exhibit A.
Payment will be by submittal and approval by City of monthly invoices showing actual expenses
by month. Contractor shall provide the City with monthly financial statements of voucher and
security deposit expenses within fifteen (15) days of the end of each month. Contractor shall
submit with each invoice a summary of Contractor's activities for the preceding month and
Contractor's progress toward the target outcome identified for each activity.
ATTACHMENT NO. 2
RESOLUTION NO.2020-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 1, 2020, AND ENDING JUNE 30, 2021(UNION STATION
HOMELESS SERVICES - VOUCHERS)
WHEREAS, the City Manager, on or about June 23, 2020, submitted to the City Council
a proposed budget for the appropriation and expenditure of funds for the City for West Covina for
Fiscal Year 2020-21; and
WHEREAS, following duly given notice and prior to budget adoption, the City Council
held public meetings, considered and evaluated all comments, and adopted a budget for the fiscal
year commencing July 1, 2020 and ending June 30, 2021; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget; and
WHEREAS, in response to a grant proposal, the County of Los Angeles awarded the City
of West Covina $100,000 in Measure H funding for motel vouchers to assist homeless persons.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Budget Amendment No. 001, attached
hereto as Exhibit A, related to the grant award from Los Angeles County for motel vouchers for
Fiscal Year 2020-21.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter
the same in the book of original resolutions and it shall become effective immediately.
APPROVED AND ADOPTED this 21st day of July, 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2020-84 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 21st day of July,
2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
EXHIBIT A
BUDGET AMENDMENT
Date:
Requested by:
Dept/Div:
EXPENDITURES
CITY OF WEST COVINA
BUDGET AMENDMENT
7/21/2020
Kelly McDonald
Public Services
BA * 001
Posted By:
Date Posted:
Fiscal Year: 2020-2021
Amount: $100,000.00
Description: Homeless Services - Union Station
Account Number
Dept/Account Description
Current Budget
Proposed
Amendment
Amended Budget
240.61.2255.6120
Other Contractual Services
100 000.00
100 000.00
REVENUES
Account Number
Account Description
Current Budget
Proposed
Amendment
Amended Budget
240.61.4540
Grant
100 000.00
100 000.00
)N/JUSTIFICATION (Please be specific)
award received through County Measure H. Amount to be fully reimbursed.
APPROVALS
City Council Approval Date (if required, attach minutes):
Dept Head Approval:
Date:
Finance Director: Date:
Funds Available? o Yes No
❑ Approval Not Required
City Manager: Date:
(if over $100,000)
n Approved o Denied