12/07/2021 - AGENDA ITEM 11 - CONSIDERATION OF AMENDMENTS TO MEMORANDUM OF UNDERSTANDING WITH CITIES AND AGREEMENT WITH UNION STATION HOMELESS SERVICESAGENDA ITEM NO. 11
WEST" ON
DATE: December 7, 2021
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 AMENDMENTS TO MEMORANDUM OF UNDERSTANDING
WITH CITIES OF AZUSA, COVINA, DUARTE, AND GLENDORA AND AGREEMENT
WITH UNION STATION HOMELESS SERVICES FOR FIVE -CITIES HOMELESSNESS
PLANS IMPLEMENTATION GRANT PROJECT
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to execute Amendment No. 2 to the Memorandum of Understanding with
the member cities of the East San Gabriel Valley Cohort (Cities of Azusa, Covina, Duarte, Glendora and
West Covina), in substantially the form as attached and in such final form as approved by the City
Attorney;
2. Authorize the City Manager to execute the Second Amendment to the agreement with Union Station
Homeless Services, in substantially the form as attached and in such final form as approved by the City
Attorney; and
3. Adopt the following Resolution:
RESOLUTION NO.2021-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE
FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (UNION
STATION HOMELESS SERVICES — CASH MATCH)
BACKGROUND:
This item is continued from the October 5, 2021 meeting.
On August 17, 2015, in response to the growing crisis of homelessness, the Los Angeles County Board of
Supervisors launched a Homeless Initiative to prevent and combat homelessness which continues to pervade
our communities. An unprecedented collaborative planning process resulted in a comprehensive plan
consisting of 47 strategies. Recognizing the need to sustain the strategies of the Homeless Initiative, the Board
of Supervisors approved the Measure H ordinance that identifies 21 of 51 strategies as eligible for funding
through Measure H. On March 7, 2017, the voters approved Measure H.
Since the inception of the Homeless Initiative 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 land in
the County 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
approved $9 million in Measure H funding for the Homeless Initiative 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 multijurisdictional partners.
In 2018, the Cities of Azusa, Covina, Duarte, Glendora, and West Covina received funding from the County of
Los Angeles to develop city homelessness plans. The cities collaborated during the development of these
plans, working collectively to address homelessness in the East San Gabriel Valley. In addition, four of the
cities, Azusa, Glendora, West Covina, and Covina, continue to collaborate on the Homeless Assistance Liaison
Officer (HALO) and the Law Enforcement Homeless Outreach Services Team (HOST) programs. The County
Mental Evaluation Team (MET) works in all five cities.
On September 14, 2018, the County released an RFP to fund the implementation of components of the
homelessness plans. Working with a grant writer funded by the SGVCOG, Azusa, Covina, Duarte, Glendora,
and West Covina (collectively called the ESGV Cohort) submitted a collaborative proposal to strengthen
services and Coordinated Entry System (CES) coordination by sharing a new five -member case management
team that will offer a visible entry point into services in each of the cities and will mobilize for projects such as
outreach fairs and riverbed engagement. The goal is 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 collaborative proposal was funded at the requested amount of $343,250. To meet the matching
requirement of the grant, $291,280, each city committed to a match of $33,000. The balance of the match
($25,256 per city) was met through in -kind contributions each city makes in the way of space, parking,
utilities, etc., at each location. The original grant term was through February 2021.
The City of West Covina serves as the Lead Agency for the ESGV Cohort and is the point -of -contact for the
County for financial transactions and performance reporting. On August 20, 2019, the West Covina City
Council approved an agreement with the County, relative to the grant.
The ESGV Cohort selected Union Station Homeless Services, a County -approved and vetted homeless service
provider, to provide the 5-person case management team. As the Lead Agency, the City of West Covina
contracted with Union Station Homeless Services on behalf of the ESGV Cohort.
DISCUSSION:
On December 17, 2019, the City Council approved a Memorandum of Understanding (MOU) with the ESGV
Cohort (Attachment No. 3) and Agreement with Union Station Homeless Services (Attachment No. 5) for
homeless services. The full grant amount of $343,250 for the five cities, as well as West Covina's required cash
match of $33,000 were appropriated. As the Lead Agency for the ESGV Cohort, West Covina has been
invoiced by Union Station Homeless Services and reimbursed by the County. Through July 2021, $333,323.45
has been expended leaving a balance of $9,926.55.
The grant term was originally through February 2021. The agreement with Union Station Homeless
Services included compensation based on the full grant amount. This is because the cash match was intended
for non -personnel costs such as transportation, documents, arrears, utility deposits, move -in expenses, and
supplies, according to the grant proposal.
Due to COVID-19 and the delayed start of programs, however, the County offered no -cost extensions of the
grant term. Currently, the term of the County agreement extends through December 31, 2021. The City entered
into amendments to the MOU with the ESGV Cohort and agreement with Union Station Homeless Services to
extend their terms to align with the term of the County agreement. With the expectation that grant funds would
be fully expended before the end of the extended term, the County advised the ESGV Cohort to use the
unspent cash match to bridge the gap in funding.
The ESGV Cohort agreed that West Covina will continue as the Lead Agency until grant funds are exhausted.
On behalf of the ESGV Cohort, West Covina will continue to receive and pay invoices from Union Station
Homeless Services through December 31, 2021. Invoices are itemized and costs are identifiable on a by -city
basis. With the exception of Glendora, which will pay Union Station Homeless Services directly for related
costs, West Covina will be reimbursed by the other cities for related costs of the program, not to exceed
$33,000 per city. The proposed amendment to the MOU with the ESGV Cohort details these changes
(Attachment No. 2).
The proposed amendment to the agreement with Union Station Homeless Services (Attachment No. 4)
increases compensation by an amount not to exceed $165,000. This amount represents the cash match
committed by each member of the ESGV Cohort, including Glendora's, which will be paid directly by
Glendora once West Covina provides Glendora with an invoice.
The table below shows performance from inception of the Project through October 2021. The Measures and
Targets are included in Exhibit A - Scope of Services of the 5 Cities Agreement with Union Station
(Attachment No. 5). Targets and Actuals are combined numbers for the 5 Cities. Actuals are broken out by
City in Attachment No. 6.
Project Performance: Inception through October 2021
Scope of Services
Reference
Measure
Target
Actual
Note
1
Initiated Contact
F 275
382
=
3 IlEngaged
(Accepte
F 200
204
=
(139
4
Assessed
85%
68%
of
204)
(239
5
Referred/Linked to Services
50%
630/]o
of
382)
6 IlHousing
Plans Co
F 100
65
=
7
Linked to Permanent Housing
Resource
30
18
F-]
8 IFPlaced
into Permanent Housing
15
19
9
Persons Retained Permanent
Housing 6mo/12mo
86%
84%
(16
of
19)
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed amendments and resolution and approved them as to
form.
OPTIONS:
The City Council may
1. Approve the recommendation; or
2. Provide alternative direction.
Prepared by: Kelly McDonald, Public Services Manager
Fiscal Impact
FISCAL IMPACT:
Relative to the required cash match for Housing Navigation grant, staff is requesting an appropriation of
$132,000, which includes West Covina's share. West Covina's cash match was appropriated in FY 2020-
2021, but was not carried forward to FY 2021-2022. $99,000 of this amount will be reimbursed by the other
three members of the ESGV Cohort. Glendora will pay the contractor directly for their costs.
Attachments
Attachment No. 1 - Budget Amendment Resolution No. 2021-98
Attachment No. 2 - Amendment 2 to ESGV Cohort MOU
Attachment No. 3 - ESGV Cohort MOU
Attachment No. 4 - Amendment 2 to USHS Agreement
Attachment No. 5 - Agreement with USHS - 5 Cities Housing Navigators
Attachment No. 6 - USHS 5 Cities - October 2021 Report
CITY Enhance City Image and Effectiveness
COUNCIL
GOALS &
OBJECTIVES:
ATTACHMENT NO. 1
RESOLUTION NO.2021-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
DULY 1, 2021 AND ENDING NNE 30, 2022 (UNION STATION
HOMELESS SERVICES — CASH MATCH)
WHEREAS, the City Manager, on or about June 15, 2021, submitted to the City Council
a proposed budget for the appropriation and expenditure of funds for the City for West Covina for
Fiscal Year 2021-22; 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, 2021 and ending June 30, 2022; and
WHEREAS, amendments must periodically be made to the budget to conform to changed
circumstances following adoption of the budget.
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. 018, attached
hereto as Exhibit A, related to a required match for a grant of Measure H funds from the County.
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 7th day of December, 2021.
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
Dario Castellanos
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SBERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2021-98 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 7th day of December
2021, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
EXHIBIT A
BUDGET AMENDMENT
CITY OF WEST COVINA
BUDGET AMENDMENT
BA # 018
Posted By:
Date Posted:
Date: 12/7/21
Requested by: Kelly McDonald
Dept/Div: Public Services
EXPENDITURES
Fiscal Year: 2021-2022
Amount: $33,000.00
Description: Homeless Services - Grant
SGV COG
Account Number
Dept/Account Description
Current Budget
Proposed
Amendment
Amended Budget
240.61.2255.6120
Contractual Services
-
132 000.00
132 000.00
820.95.9500.9240
Transfer Out
33 000.00
33 000.00
REVENUES
Account Number
Account Description
Current Budget
Proposed
Amendment
Amended Budget
240.61.4540
Reimbursement
99 000.00
99 000.00
240.00.9820
Transfer In
-
33 000.00
33 000.00
REASON/JUSTIFICATION (Please be specific)
Reimbursements from ESGV Cohort Cities. All but $33,000 (required cash match) to be fully reimbursed. City of
Glendora will pay cash -match commitment directly to contractor.
APPROVALS
City Council Approval Date (if required, attach minutes): ❑ Approval Not Required
Dept Head Approval: Date:
Finance Director: Date:
Funds Available? ❑ Yes ❑No
City Manager: Date:
(if over $100,000)
❑ Approved o Denied
ATTACHMENT NO. 2
AMENDMENT NO. TWO
TO
MEMORANDUM OF UNDERSTANDING
THIS AMENDMENT NO. TWO TO MEMORANDUM OF UNDERSTANDING
("Amendment") is made and entered into as of December 7, 2021 ("Effective Date") by
and among the City of West Covina, a municipal corporation ("West Covina"); the City of
Covina, a municipal corporation, and the Covina Housing Authority (the City of Covina
and the Covina Housing Authority shall collectively be referred to as "Covina"), the City
of Glendora, a general law city and municipal corporation ("Glendora"), the City of Duarte,
a municipal corporation ("Duarte"), and the City of Azusa, a municipal corporation
("Azusa"). West Covina, Covina, Glendora, Duarte and Azusa are sometimes referred to
herein collectively as "Cities" or "ESGV Cohort."
WHEREAS, Cities entered into a Memorandum of Understanding dated January
27, 2020 relating to the Cities' Homelessness Plan Implementation Program ("MOU");
and
WHEREAS, the MOU provides for a term of 18 months commencing on the date
of the last city's execution of the MOU; and
WHEREAS, the Cities clarified the effective date of the MOU and extended the
term through December 31, 2021 through Amendment No. One to the MOU; and
WHEREAS, Cities now desire to amend Sections ILE and II.F of the MOU as set
forth herein.
NOW, THEREFORE, the Cities agree as follows:
Section ILE of the MOU shall be amended to read as follows:
As the Lead Agency, West Covina will execute a contract for services to be
provided under this MOU with a contractor, pay contractor invoices, submit
reimbursement requests, and submit reporting on collective performance. The
Grant Funds will be used to compensate the contractor. Once the Grant Funds
have been expended, the Cities' cash match contributions will be used to
compensate the contractor. Each City will receive services from the contractor until
the cost for the contractor's services provided to that City total that City's cash
contribution of $33,000. As received, West Covina will provide copies of the
contractor's invoices detailing the contractor's services, itemized by City, to the
Cities. At the end of the grant term, West Covina will invoice each City for
reimbursement for the costs paid to the contractor on behalf of each City. With the
exception of Glendora, which has opted to pay the contractor directly, each City
agrees to pay West Covina's invoice within forty-five (45) days of the date of the
invoice. Glendora shall pay the contractor directly within forty-five (45) days of the
date of the invoice.
2. Section II.F of the MOU shall be amended to read as follows:
The in -kind contribution will be managed and controlled by each City and used for
supplies and non -personnel costs consistent with the authorized uses of the Grant
Funds.
3. All other terms of the MOU remain in full force and effect.
4. This Amendment may be executed in counterparts, each of which shall be deemed
an original and all of which together shall constitute the same amendment.
5. The individuals signing this Amendment have the authority to commit the city they
represent to the terms of this Amendment, and do so commit by signing.
CITY OF WEST COVINA, CALIFORNIA CITY OF GLENDORA, CALIFORNIA
0
David Carmany
City Manager
CITY OF COVINA, CALIFORNIA
M
Christopher Marcarello
City Manager
COVINA HOUSING AUTHORITY
LIM
Christopher Marcarello
Executive Director
By:
Adam Raymond
City Manager
Cyftwas] 0Illy-il0 KO7_1Igo] :701U_1
0
Daniel Jordan
City Manager
CITY OF AZUSA, CALIFORNIA
By:
Sergio Gonzalez
City Manager
Page 2 of 2
Amendment No. Two to ESGV Cohort MOU
ATTACHMENT NO.3
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") dated as of the 271h day of January, 2020,
is between the City of West Covina, a municipal corporation; the City of Covina, a
municipal corporation and the Covina Housing Authority (the City of Covina and the
Coving Housing Authority shall collectively be "Covina"); City of Glendora, a general law
city & municipal corporation; City of Duarte, a municipal corporation; and City of Azusa,
a municipal corporation. The aforementioned cities are sometimes referred to herein
individually as "City" and collectively as "Cities" or "ESGV Cohort." The term "City", as it
individually applies to the City of Covina, shall mean the City of Covina and the Covina
Housing Authority collectively.
RECITALS
A. The Cities and the County of Los Angeles have been working cooperatively
to address issues related to homeless individuals and individuals at risk of
homelessness. To that end, the County released the 2018 Cities
Homelessness Plan Implementation Request for Proposals in September
2018. The Cities submitted collaborative Priority Area 2 Proposal (the
"ESGV Cohort Proposal") to fund a new five -member case management
team to strengthen services and Coordinated Entry System (CES)
coordination by sharing the case management team that will offer a point of
entry into supportive services available throughout the county and will
mobilize for projects such as outreach fairs and riverbed engagement.
B. The Cities' goal is to decrease homelessness in the five cities by engaging
those individuals experiencing homelessness and directing them to
essential supportive services to remove barriers and move them into
permanent housing.
C. The Cities have now been awarded a grant under the 2018 Cities
Homelessness Plan Implementation Program in the amount of $343,250.
(the "Grant Funds').
D. The purpose of this MOU is to provide the basic understanding between the
Cities with respect to the Grant Funds and to set forth basic provisions that
the Cities contemplate to utilize the shared case management team.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and promises herein contained, the Parties hereto agree as follows:
I. Term:
Term: This MOU shall be effective as of the date the last City has executed the
same ("Effective Date'). This MOU shall remain in full force and effect for 18
months ("Term") subsequent to the Effective Date.
II. CITY'S RESPONSIBILITIES:
A. The Grant Funds will be used to fund one Case Management Supervisor
and four Case Managers (the "Case Management Team"). Each City will host a grant -
funded position on -site.
B. To meet the Grant Funds matching requirements, each City will make an
in -kind contribution in the amount of $25,256 by providing office space, parking, utilities,
etc. over the 18-month term of the grant, as well as a cash contribution in the amount of
$33,000.
C. The Cities hereby warrant, represent, and covenant that each City will
comply with all applicable local, state or federal guidelines, regulations, requirements and
statutes and/or as required under the laws or regulations relating to the source of the
Grant Funds to be transferred by the County to the Cities pursuant to this MOU, and will
not use the Grant Funds for costs associated with activities in violation of any law or for
any activity inconsistent with the requirements and purposes set forth in this MOU and
the ESGV Cohort Proposal.
D. West Covina will be the lead agency in respect to contracting with the
County for the Grant Funds and administration of the Grant Funds. West Covina will
process/submit reimbursement requests to the County, reimburse the partner Cities if
Grant Funds are available in excess of the required payments to the contractor, and
submit quarterly and final reporting to the County.
E. Each City will handle expenditures of their respective cash -match amounts
individually. As the Lead Agency, West Covina will execute a contract for services to be
provided under this MOU with a contractor, pay contractor invoices, submit
reimbursement requests, and submit reporting on collective performance. The Grant
Funds will be fully used to compensate the Contractor.
F. The in -kind contribution and cash -match will be retained by each City for
supplies and non -personnel costs consistent with the authorized uses of the Grant Funds,
and will be managed and controlled by each City.
G. Each City shall maintain records related to the operation of the Case
Management Team and use of Grant Funds for five (5) years following the expiration of
this MOU.
Page 2 of 6
III. CONTRACTOR SELECTION AND ADMINISTRATION:
A. The ESGV Cohort Proposal identifies an individual from each City that,
collectively, will comprise the Cities Implementation Team. The members of the Cities
Implementation Team will meet as often as necessary to review the proposals from
contractors to perform the Case Management Team scope of work set forth in the ESGV
Cohort Proposal and to make a final selection of a contractor for the Case Management
Team.
B. After selection of the contractor has been approved by the Cities
Implementation Team, the City of West Covina will enter into a contract with the contractor
to provide Case Management Team services and the Cities Implementation Team will
thereafter administer that contract.
C. The Cities, after consultation with the City Attorney of each City, will ensure
the contract terms meet program requirements for the Grant Funds and address all
required obligations, including but not limited to insurance, indemnification, non-
discrimination, prohibition on religious activity, recordkeeping, invoice procedures and
program reporting.
D. Any amendments to the contract term, amount, or scope of work will be
discussed and agreed upon by the Cities Implementation Team. No City will authorize the
Contractor to exceed the contracted costs without the prior written consent and approval
of the City Implementation Team.
E. Should any of the Cities engage the contractor to initiate a specific task
unique to their organization, the financial obligation and project management for that
specific task will be the sole responsibility of that City and will not be covered under this
MOU or the ESGV Cohort service contract executed to implement this MOU.
F. The obligations and participation of the County under this MOU shall be
limited solely to the issuance of the Funds to the Cities in accordance with the
requirements of this MOU or the terms/legal requirements of the source of the Funds.
G. To the maximum extent permitted by law, the City of West Covina shall
include in the agreements with the contractor an indemnification clause requiring the
contractor to defend, indemnify and hold harmless the Cities of Azusa, Covina, the Covina
Housing Authority, Duarte and Glendora, their elected and appointed officers, employees,
attorneys, agents, and designated volunteers from and against any and all liability,
including but not limited to demands, claims, actions, fees, costs, and expenses (including
attorney and expert fees), arising from or connected with the contractor's performance of
its agreement with the City of West Covina. In addition, the City of West Covina shall
require the contractor to carry, maintain, and keep in full force and effect an insurance
policy or policies, and the Cities of Azusa, Covina, the Covina Housing Authority, Duarte
and Glendora, their elected and appointed officers, employees, attorneys, agents and
designated volunteers shall be named as additional insureds on the policy(ies) with
Page 3 of 6
respect to liabilities arising out of the contractor's work. These requirements will also
apply to any subcontractors hired by the City of West Covina work specific to this MOU.
IV. THIRD PARTY LIABILITY AND INDEMNIFICATION:
A. Each City which is a party to this MOU agrees to cooperate with the other
Cities in the operation of their respective risk management systems, insofar as such
operation relates to this MOU. Each party agrees that if any incident, loss, damage, or
claim occurs and is reported as a part of its respective risk management system arising
out of the activities involved with this MOU, such report will be immediately delivered to
the members of the City Implementation Team. It is agreed and understood that said
reports will be held in the strictest of confidence and that each party agrees to cooperate
fully with the other in the investigation and resolution of the incident or liability exposure
revealed as a result of its respective risk management system.
B. This MOU is not intended to be a third -party beneficiary contract and
confers no rights on anyone other than the parties hereto.
C. As each City will have one member of the Case Management Team
working from a site in each City, in the event that claims or liability to third parties, loss,
or damage arises as a result of activities at a City, the City which incurred the liability
shall defend, indemnify and hold harmless each of the other Cities, as well as their
respective officers, agents and employees from any claim, loss or liability including
without limitation, those for personal injury (including death) or damage to property,
arising out of or connected with any acts or omissions of the City incurring the claim or
liability or its officers, agents, or employees when performing any activities or
obligations required of that party under this MOU.
D. Subject to paragraph C above, in the event that liability to third parties,
loss, or damage arises as a result of activities conducted jointly by the Cities or any City
in fulfillment of their responsibilities under this MOU, such liability, loss, or damage shall
be borne by each City in relation to each City's responsibilities under these joint
activities, provided that nothing herein shall be construed as a waiver of any
governmental immunity by the Cities, or any City or their officer, employees, or agents,
respectively, as provided by law.
V. MISCELLANEOUS
A. This MOU shall be binding upon and inure to the benefit of the Cities and their
permitted successors, assigns and legal representatives.
B. This MOU (including for the purpose of clarity, the recitals, to this MOU),
contains the entire agreement between the Cities with respect to the matters herein, and
there are no restrictions, promises, warranties or undertakings other than those set forth
herein or referred to herein
Page 4 of 6
C. No alteration or variation of the terms of this MOU shall be valid unless made in
writing and signed by the authorized representative from each City; no oral understanding
or agreement not incorporated herein shall be binding on any of the Cities.
D. The Cities hereby certify compliance with Government Code Section 8355 in
matters relating to providing a drug -free workplace as set forth in Exhibit 2, attached
hereto and incorporated herein by reference.
E. In the event a City defaults in the performance of any of their obligations under
this MOU or materially breaches any of the provisions of this MOU, the non -breaching
Cities may enforce this MOU through any available remedies.
F. Notices or other communications, which may be required or provided under the
terms of this MOU, shall be given to the individuals identified for each City in the Proposal
as a member of the City Implementation Team. All notices shall be in writing and deemed
effective when delivered in person or deposited in the United States mail, first class,
postage prepaid and addressed as above. Notwithstanding the above, the Parties may
also provide notices by facsimile transmittal, and any such notice so given shall be
deemed to have been given upon receipt during normal business hours or, in the event
of receipt after business, on the following business day. Any notices, correspondence,
reports and/or statements authorized or required by this MOU, addressed in any other
fashion shall be deemed not given.
G. In any action or proceeding to enforce or interpret any provision of this MOU,
or where any provision hereof is validly asserted as a defense, the Parties shall bear their
own attorney's fees, costs and expenses.
H. Each Party warrants, represents, and covenants that the execution, delivery and
performance of this MOU have been duly authorized by all necessary action of such
Party's governing board, and the person executing this MOU on behalf of such Party has
been duly authorized and empowered to do so on behalf of such Party.
I. The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this MOU. In the event of any legal action to
enforce or interpret this Contract, the laws of state of California shall apply.
J. Any City shall be excused from performing its obligations under this MOU during
the time and to the extent that it is prevented from performing by an unforeseeable cause
beyond its control, including but not limited to any incidence of fire or flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local
government; national fuel shortage; or a material wrongful act or omission by the other
Party; when satisfactory evidence of such cause is presented to the other City, and
provided further that such nonperformance is unforeseeable, beyond the control and is
not due to the fault or negligence of the City not performing.
K. Each City agrees that the insurance held by the other, whether commercial or
self-insurance, is sufficient for the purpose of this MOU.
Page 5 of 6
L. This MOU may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute the same agreement.
M. Authority and Signatures: The individuals signing this MOU, and its exhibits,
which are incorporated herein by reference, have the authority to commit the City they
represent to the terms of this MOU, and do so commit by signing.
CITY OF WEST COVINA, CALIFORNIA
By:
David Ca many
City Manager
CITY OF COVINA, CALIFORNIA
By:
Christopher Marcarello
Interim City Manager
COVINA HOUSING AU T ORITY
By:
Christopher Marcarello
Interim Executive Director
141111 '(013e14 0li
, CALIFORNIA
CITY OF DUARTE, CALIFORNIA
By: jz&ft-
Mjfiuel Enriquez
Interim City Manager
CITY OF AZUSA, CALIFORNIA
in
Sergio Gonzalez
City Manager
Page 6 of 6
AMENDMENT NO. ONE
TO
MEMORANDUM OF UNDERSTANDING
THIS AMENDMENT NO. ONE TO MEMORANDUM OF UNDERSTANDING
("Amendment") is made and entered into as of July 25, 2021 ("Effective Date') by and
among the City of West Covina, a municipal corporation ("West Covina"); the City of
Covina, a municipal corporation, and the Covina Housing Authority (the City of Covina
and the Covina Housing Authority shall collectively be referred to as "Covina"), the City
of Glendora, a general law city and municipal corporation ("Glendora"), the City of Duarte,
a municipal corporation ("Duarte'), and the City of Azusa, a municipal corporation
("Azusa"). West Covina, Covina, Glendora, Duarte and Azusa are sometimes referred to
herein collectively as "Cities" or "ESGV Cohort."
WHEREAS, Cities entered into a Memorandum of Understanding dated January
27, 2020 relating to the Cities' Homelessness Plan Implementation Program ("MOU");
and
WHEREAS, the MOU provides for a term of 18 months commencing on the date
of the last city's execution of the MOU; and
WHEREAS, Cities desire to clarify the effective date of the MOU; and
WHEREAS, West Covina, as the lead agency for the Cities, previously entered
into amendments to extend the term of its agreement with the County of Los Angeles
("County') through December31, 2021; and
WHEREAS, the Cities desire to extend the term of the MOU to coincide with the
term of West Covina's agreement with the County.
NOW, THEREFORE, the Cities agree as follows:
1. The Cities agree that the Effective Date of the MOU is January 27, 2020.
2. Section I (Term) shall be amended to read as follows:
Term: This MOU shall be effective as of January 27, 2020 ("Effective Date"). This
MOU shall remain in effect through December 31, 2021, unless further extended
by the Cities.
3. All other terms of the MOU remain in full force and effect.
4. This Amendment may be executed in counterparts, each of which shall be deemed
an original and all of which together shall constitute the same amendment.
Page 1 of 2
Amendment No. One to ESGV Cohort MOU
The individuals signing this Amendment have the authority to commit the city they
represent to the terms of this Amendment, and do so commit by signing.
CITY OF WEST COVINA, CALIFORNIA
By: f�
David C r any
City Manager
CITY OF COVINA, CALIFORNIA
By:_ L4t:
Christopher Marcarello
City Manager
COVINA HOUSING AUTH RITY
By:
Christopher Marcarello
Executive Director
CITY OF GLENDORA, CALIFORNIA
By: a -
A wrager
aymond
C
CITY OF DUARTE, CALIFORNIA
By:
Daniel Jordan
City Manager
CITY OF AZUSA. CALIFORNIA
Sergio Gonzalez
City Manager
Page 2 of 2
Amendment No. One to ESGV Cohort MOU
ATTACHMENT NO.4
SECOND AMENDMENT TO
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
UNION STATION HOMELESS SERVICES
FOR
5 CITIES HOMELESS OUTREACH & COORDINATED ENTRY SYSTEM (CES) SERVICES
THIS SECOND AMENDMENT ("Amendment") is made and entered into as of December
7, 2021 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation
("City"), and UNION STATION HOMELESS SERVICES, a California nonprofit corporation
("Consultant").
WHEREAS, City and Consultant entered into a Professional Services Agreement dated
January 30, 2020 for Consultant to provide homeless outreach and Coordinated Entry System
(CES) services ("Original Agreement"); and
WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of fourteen
(14) months, ending February 28, 2021; and
WHEREAS, City and Consultant extended the term through December 31, 2021 through
the First Amendment to the Original Agreement; and
WHEREAS, pursuant to the City's Memorandum of Understanding for the Homelessness
Plan Implementation Program with the Cities of Azusa, Covina, Duarte and Glendora (together
with City, the "ESGV Cohort"), members of the ESGV Cohort agreed to provide cash contributions
in the amount of Thirty -Three Thousand Dollars ($33,000.00), which amount would be managed
and controlled by each city; and
WHEREAS, members of the ESGV Cohort have agreed to instead provide their cash
contributions, totaling One Hundred Sixty -Five Thousand Dollars ($165,000.00), toward payment
for additional services from Consultant; and
and
WHEREAS, the City of Glendora will pay Consultant directly for such additional services;
WHEREAS, City desires to increase Consultant's maximum compensation accordingly.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Section 2.1 of the Agreement shall be amended to reflect that Consultant's total
compensation shall not exceed Five Hundred Eight Thousand Two Hundred Fifty
Dollars ($508,250.00). Consultant acknowledges and agrees that the City of
Glendora will pay Consultant directly for the additional services provided to the City
of Glendora, in an amount not to exceed Thirty -Three Thousand Dollars
($33,000.00). Accordingly, Consultant's total compensation from the City of West
Covina will not exceed Four Hundred Seventy -Five Thousand Two Hundred Fifty
Dollars ($475,250.00).
2. Section 2.3 of the Original Agreement shall be amended to reflect that Consultant's
invoices shall be itemized by city and describe the services performed and the date
of performance.
3. All terms not defined herein shall have the same meaning and use as set forth in
the Original Agreement.
4. All other terms, conditions, and provisions of the Original Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the
date set forth above.
CITY OF WEST COVINA
David Carmany
City Manager
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
2
CONSULTANT
Anne Miskey
Chief Executive Officer
Union Station Homeless Services
Homeless Outreach and CES Services
Form Revised April 2020
ATTACHMENT NO.5
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
Union Station Homeless Services
FOR
5 Cities Homeless Outreach & Coordinated Entry System (CES) Services
THIS AGREEMENT is made and entered into this 30.-rek day of January, 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
("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to City to provide homeless outreach and Coordinated Entry System (CES) services,
as more fully described herein; and
B. WHEREAS, Consultant 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 Consultant 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 Consultant 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 CONSULTANT
1.1. Scope of Services. Consultant 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 Consultant
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 consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant 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
Consultant's performance of this Agreement. Consultant 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 Consultant shall at all times
observe and comply with all such laws and regulations. City officers and employees shall not be
Union Station Homeless Services
Form Updated August 2019
liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant
to comply with this section.
1.3. Performance to Satisfaction of Citv. Consultant 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 Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant 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. Consultant 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, Consultant 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 Agreement. Consultant acknowledges that City may enter into
agreements with other consultants 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 Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without 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. Consultant's covenant under this Section
shall survive the termination of this Agreement.
1.8 Public Records Act Disclosure. Consultant 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 Consultant, 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
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all
Union Station Homeless Services
Revised August 2019
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. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's total compensation shall not exceed Three Hundred Forty -Three Thousand Two
Hundred Fifty Dollars ($ 343,250.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services unless the City, prior to Consultant 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 Consultant's standard hourly rates shall
be paid to the Consultant 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. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than once a month. Said invoice shall be based on the total of
all Consultant's services which have been completed to City's sole satisfaction. City shall pay
Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe the services performed, and the date of performance. 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 Consultant'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 Consultant is encountered, a time extension may be
mutually agreed upon in writing by the City and the Consultant. The Consultant shall present
documentation satisfactory to the City to substantiate any request for a time extension.
3
Revised August 2019
Union Station Homeless Services
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of fourteen (14) months, ending on 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 Consultant. In the event of such termination, Consultant 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 Consultant 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 Consultant
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 Consultant, 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;
G. 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
f. 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 Consultant 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 Consultant, whichever occurs
last. Compensation for work in progress shall be prorated based on the percentage of work
completed as of the effective date of termination in accordance with the fees set forth herein.
rd
Revised August 2019
Union Station Homeless Services
4.4. Documents. In the event of termination of this Agreement, all documents prepared
by Consultant 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. Consultant 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. Consultant 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 Consultant 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 Consultant 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 Consultant 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
consultant to comply with this section.
Union Station Homeless Services
Revised August 2019
If the Consultant 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 Consultant. 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 Consultant pursuant to its contract with the City; products and
completed operations of the Consultant; premises owned, occupied or
used by the Consultant; automobiles owned, leased, hired, or borrowed by
the Consultant.
(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 Consultant'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: Consultant hereby grants to City a waiver of any
right to subrogation which any insurer of said Consultant may acquire
against the City by virtue of the payment of any loss under such insurance.
Consultant 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 Consultant'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 Consultant
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. Consultant shall provide to City certificates of insurance
M.
Revised August 2019
Union Station Homeless Services
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 anyway 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.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant 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 Consultant
shall make available the professional services of Director of Adult Services, 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 CONSULTANT:
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
Revised August 2019
Union Station Homeless Services
6.5 Attornevs' Fees. If litigation is brought by any party in connection with this
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. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant'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 Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected and appointed officials, officers, agents and
employees, at Consultant'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 Consultant, 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 Consultant, 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 Consultant, 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
Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or
not the Consultant, its employees, and/or authorized subcontractors are specifically named or
otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant 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 Consultant's
Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant 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 Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant 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. Consultant 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 Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of the
Union Station Homeless Services
Revised August 2019
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant 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, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant 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
Consultant's performance or services rendered under this Agreement, Consultant 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
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant 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
Consultant. City shall indemnify and hold harmless Consultant 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 Consultant. Consultant 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. Consultant or Consultant'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
Revised August 2019
6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to
Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant
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. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant'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. Consultant covenants that none of Consultant'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. Consultant further covenants that in the performance of this Agreement, no person
having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant 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
Consultant and/or its subconsultants 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. Consultant 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 Consultant
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 Consultant 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.
6.22. Waiver. The delay or failure of either party at any time to require performance or
10
Union Station Homeless Services
Revised August 2019
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. Consultant 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]
11
Revised August 2019
Union Station Homeless Services
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 Carma
City Manager
CONSULTANT
fQ
Anne Miskey
Chief Executive Officer
Union Station Homeless Services
ATTEST:
Lisa Sherri 61
AssistanlZitv Clerk
APPROVE FORM:
Thomas P. Dua
City Attorney
APPROVED AS TO INSURANCE:
4elen Tran
Risk Management
Date: J C 2--v
Date:
Date: 2 v
Date: 1 [ 011 Z'D
12
Union Station Homeless Services
Revised August 2019
EXHIBIT A
SCOPE OF SERVICES
Union Station will provide homeless services to the ESGV Cohort (Cities of Azusa, Covina,
Duarte, Glendora, and West Covina) with a staff of (1) FTE Case Management Supervisor and
(4) FTE Case Managers. The Supervisor will coordinate with each City, supervise the four case
managers, identify co -location sites, maintain relationships with the CES and housing providers,
and develop a network of partners across Cities, faith groups, and others. The Supervisor will
also provide services to clients and will do all grant reporting. The staff will partner with law
enforcement and other outreach efforts and will work with landlords and people experiencing
homelessness to find housing options based on client needs. They will coordinate regional
outreach, work as a group on outreach efforts in individual Cities and provide staffing to other
special projects.
Target Outcomes of the Project are described below:
1. Number of unduplicated individuals initiated contact: 275
2. Number of unduplicated individuals engaged during report date: 50 (quarterly)
3. Total unduplicated individuals engaged: 200 (total)
4. Number of unduplicated individuals assessed: 85%
5. Number of unduplicated individuals referred and linked to services: 50%
6. Number of unduplicated individuals completing a housing plan with service provider: 100
7. Number of unduplicated individuals who are linked to a permanent housing resource: 30
8. Number of unduplicated individuals who are placed in permanent housing: 15
9. Percentage of unduplicated individuals who retain their permanent housing within 6 and/or 12
months of placement: 86%
13
Revised August 2019
Union Station Homeless Services
EXHIBIT B
FEE SCHEDULE
Union Station will provide Homeless Services to the ESGV Cohort (Cities of Azusa, Covina,
Duarte, Glendora, and West Covina) through a 5-person team for a cost not to exceed $343,250.
WE!
Union Station Homeless Services
Revised August 2019
FIRST AMENDMENT TO
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
UNION STATION HOMELESS SERVICES
FOR
5 CITIES HOMELESS OUTREACH & COORDINATED ENTRY SYSTEM (CES) SERVICES
THIS FIRST AMENDMENT ("Amendment') is made and entered into as of February 28,
2021 ("Effective Date') by and between the CITY OF WEST COVINA, a municipal corporation
("City'), and UNION STATION HOMELESS SERVICES, a California nonprofit corporation
("Consultant').
WHEREAS, City and Consultant entered into a Professional Services Agreement dated
January 30, 2020 for Consultant to provide homeless outreach and Coordinated Entry System
(CES) services ("Original Agreement'); and
WHEREAS, Section 4.1 of the Original Agreement provides for an initial term of fourteen
(14) months, ending February 28, 2021; and
WHEREAS, City and Consultant now desire to extend the term through December 31,
2021: and
WHEREAS, City and Consultant intend and desire that this Amendment be effective
retroactive to the Effective Date.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
This Amendment shall be effective retroactive to the Effective Date.
2. The term of the Original Agreement shall be extended through December 31, 2021.
2. All terms not defined herein shall have the same meaning and use as set forth in
the Original Agreement.
3. All other terms, conditions, and provisions of the Original Agreement shall remain
in full force and effect.
[SIGNATURE PAGE FOLLOWS.]
Union Station Homeless Services
Homeless Outreach and CES Services
Form Revised April 2020
IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the
date set forth above.
CITY OF WEST COVINA
TANT
David Car any Anne Miskey
City Manager Chief Executive Officer
ATTEST:
Lisa ShPCCIerk
Assista
APPROVE O FORM:
Thomas P. D art
City Attorney
Union Station Homeless Services
Homeless Outreach and CES Services
Form Revised April 2020
5 Cities Program
October 2021 Data Report
HOUSING + EMPLOYMENT + LIFE SKILLS
M
w
z
0
c02
Table of Contents
HOUSING +EMPLOYMENT+ LIFE SKILLS
Project Timeline
II. October Data Report: 5 Cities
5 Cities Project Timeline
Start
Date
9/1 /19-2/28/2(
March 1-May 31, 2021 June 1, 2021-August 31, September 1, 2021 - December 1.2021 -
2021 November 30, 2021 February 28 , 2022
Quarter 4 Quarter 5 Quarter 6
We are here
*includes contract execution period, recruitment, hiring of permanent full-time staff
HOUSING + EMPLOYMENT + LIFE SKILLS
Projected
End Date
12/31 /21
HOUSING + EMPLOYMENT + LIFE SKILLS
October Monthly Data Report: 1011121=10131121
5 Cities Street -Based Outreach
5 Cities Street Based Outreach =I
Number of Unique Persons Initiated Contact
Octoben
YTD: July - October
Inceptionof
Period
1
Contracmi
West Covina
0
13
110
Glendora
0
12
49
Covina
1
13
91
Duarte
0
14
39
Azusa
1
16
93
Total
2
68
382
N/A
Number of Unique Persons Engaged in Period
(accepted housing service)
West Covina
0
13
81
Glendora
0
3
13
Covina
1
13
39
Duarte
0
5
25
Azusa
1
4
46
Total
2
38
204
50 (QTR)
200(TOTAL)
Number of Persons Assessed (CES Survey & COVID
Vulnerability Assessment)
West Covina
0
1
42
Glendora
0
5
27
Covina
1
2
36
Duarte
0
7
13
Azusa
1
41
21
Total
2
19
139
85%
5 Cities Street Based Outreach ML
Number of Unique Persons Referred and/or
Linked to Services
Octobemi
YTD: July - October
Inception..
Period
Contract
West Covina
11
37
83
Glendora
3
13
25
Covina
1
11
11
Duarte
g
21
66
Azusa
g
21
54
Total
18.03%
44.21 %
62.57%
50%
Number of Housing Plans Completed
West Covina
2
6
22
Glendora
0
0
1
Covina
0
1
1
Duarte
2
7
27
Azusa
2
6
14
Total
6
1 20
1 65
100
5 Cities Street Based Outreach =a
Number of Unique Persons Linked to a Permanent
Housing Resource
Octoben
YTD: July - October
Inception..
Period
Contract
West Covina
0
1
7
Glendora
0
0
3
Covina
0
0
0
Duarte
0
0
2
Azusa
0
4
6
Total
0
5
18
30
Number of Unique Persons Placed Into
Permanent Housing
West Covina
1
2
5
Glendora
0
0
4
Covina
1
3
4
Duarte
0
0
6
Azusa
01
01
0
Total
2
5
19
15
Percentage of Unique Persons Who Retained
permanent housing after 6 months/12 months
West Covina
0
0
5
Glendora
0
0
4
Covina
0
0
7
Duarte
0
0
0
Azusa
0
0
0
Total
0
0
16
85%