HomeMy WebLinkAbout2016 CON Alpha Project - Homeless Outreach Services - Agreement ExtensionAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ALPHA PROJECT FOR THE HOMELESS
THIS AGREEMENT is dated September 15, 2016 and is entered into by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Alpha Project for the
Homeless, a nonprofit corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide outreach services
for the homeless and intervention services.
WHEREAS, the CITY has determined that the CONSULTANT is a nonprofit
corporation and is qualified by experience and ability to perform the services desired by the
CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on October 1, 2016. The duration of this Agreement is for the period of 2
months through November 30, 2016.
3. SCOPE OF SERVICES. Alpha Project will commit two full-time outreach
workers to deploy a two -person team five times per week, eight hours per day to provide
homeless outreach services. Outreach teams will respond to referrals and requests for
contact from the National City Police Department's PERT team, Patrol Units,
Neighborhoods Services Department, as well as businesses/residents, city departments and
agencies affect by homelessness throughout the city. By providing direct interaction with
the homeless, the Homeless Outreach teams are able to effectively reduce the number of
homeless men, women and children on the street and direct these individuals to care and
service that best serve those individual's needs, as well as the needs of the affected
communities. Services will include; family reunification, rental assistance, security
deposits, bus tickets, housing placements and transportation. Monthly statistical reporting
of all services provided and contacts will be kept. The CONSULTANT will perform services
as set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to
keep staff and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed $20,000 total compensation
for the period of services.
4. PROJECT COORDINATION AND SUPERVISION. Joseph Olson hereby is
designated as the Project Coordinator for the CITY and will monitor the progress and execution
of this Agreement. The CONSULTANT shall assign a single Project Director to provide
supervision and have overall responsibility for the progress and execution of this Agreement for
the CONSULTANT. Amy Gonyeau thereby is designated as the Project Director for the
CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "B" shall not exceed the schedule given in Exhibit
"B" (the Base amount) without prior written authorization from the $10,000 per month. The
total amount of this agreement shall not exceed $20,000. Monthly invoices will be processed for
payment and remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The City shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10)
business days, the CONSULTANT and the City shall each prepare a report which supports their
position and file the same with the other party. The City shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
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7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY'S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
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9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being understood
that the CONSULTANT its agents, servants, and employees are as to the CITY wholly
independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely
such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONSULTANT to use due diligence
under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY'S later inability to obtain the specified items or any reasonable
substitute within a price range that allows for project completion in the time frame specified or,
when not specified, then within a commercially reasonable time.
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13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 14, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been
or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees
to defend, indemnify and hold harmless the City of National City, its officers and employees,
against and from any and all liability, loss, damages to property, injuries to, or death of any
person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by
anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other
obligations under this Agreement; provided, however, that this indemnification and hold
harmless shall not include any claims or liability arising from the established sole negligence or
willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and
hold harmless obligations contained herein shall survive the termination of this Agreement for
any alleged or actual omission, act, or negligence under this Agreement that occurred during the
term of this Agreement.
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16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and
maintain throughout the term of this Agreement, the following checked insurance policies:
A. ❑ If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insureds, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project" or
"location".
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
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according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
I. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of
the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled
by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of
the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the
arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence
and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof
against a specified party as part of the arbitration award.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
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B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Joseph Olson
Acting Director of Neighborhood Services
Neighborhood Services Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
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Alpha Project for the Homeless
To CONSULTANT:
Amy Gonyeau
Chief Operating Officer
Alpha Project for the Homeless
3737 Fifth Ave, Suite 203
San Diego, CA 92103
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates
apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
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24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
Leslie Deese, City Manager
PPROVED AS TO FORM:
Cam'. di. acitua Silva
City A i ey
11
ALPHA PROJECT FOR THE HOMELESS
(Corporation — signatures of corporate officers required)
(Partnership — one signatur
(Sole proprietorship — one
By:
Bob McElroy, President
By:
Amy Gonyean, Chief Operating Officer
City of National City and
Alpha Project for the Homeless
ATTACHMENT A
SCOPE OF SERVICES
CITY OF NATIONAL CITY
SERVICES
Alpha Project will commit two full-time outreach workers, dedicated to National City, to
connect with prospective unsheltered participants and to begin the process of rapport
building that will lead to their inclusion in various long-term programs. The target
population will include numerous individuals resistant to treatment and reticent about
committing to formal service programs. Overcoming these client -specific barriers to
participation will involve outreach workers gaining the trust of such individuals and
guiding them through a low -demand process to facilitate their placement in appropriate
programs. It will also require linguistic, cultural and class sensitivity that accepts and
includes each participant's established adaptation to prolonged periods of
homelessness and marginalization. In short, outreach efforts to unsheltered clients will
meet those clients at their own level and accommodate their own realities to make
program placement feasible. For their own sake, reluctance or grudging willingness to
accept program services will not constitute barriers to entry. On the contrary, such
variables are to be expected and will indicate that outreach is targeting the right
individuals.
Outreach staff will respond to referrals and requests for contact from the National City
Police Department's Patrol Units, PERT team, Neighborhood Services Department, city
departments as well as residents, businesses, and agencies affected by homelessness
throughout the city. These often include our public library, churches, benefits offices,
healthcare providers and other service providers.
The Homeless Outreach Program benefits the various communities affected by
homelessness by sending outreach teams into those neighborhoods to directly impact
the number of homeless men, women and children on the streets. By providing direct
interaction with the homeless, and in collaboration with NCPD's PERT team, the
Homeless Outreach teams are able to effectively reduce the number of homeless men
and women on the street and direct these individuals to care and services that best
serve those individual's needs, as well as the needs of the affected communities.
Services shall include:
1. Deploy two -person outreach teams 5 days per week, 8 hours per day to
provide homeless outreach services.
2. Transportation will be provided upon client's request.
3. Outreach teams will work closely with National City businesses and residents
to educate and assist in homeless related issues.
Service Provider: Alpha Project 1 of 2
4. Provide and maintain two bed shelter minimum per night for potential
clients.
5. Outreach teams will be available on an on call basis as well (during working
hours), when requested.
6. Rental assistance, security deposits and bus tickets home for family
reunification.
7. Receive and follow-up with residents' regarding the city's homeless
population within 72 hours (as documented in contact log).
8. Conduct outreach to homeless individuals, to connect them with appropriate
services available within the community (as documented in contact log and
intake forms).
9. Provide information and facilitate referrals to homeless individuals, including
information on obtaining public benefits and other services and programs
available in the community such as shelter and long-term housing, food
programs, medical services, drug and alcohol treatment programs, domestic
violence programs, and other programs as needed (as documented in
contact log and case files).
10. Provide one-on-one crisis intervention, assessment and case management
for homeless clients (as documented in case files).
11. Participate in ride-alongs, as determined by the City, with National City Police
Officers to provide homeless outreach and assistance (documented in Alpha
Weekly Reports).
12. Participate in regular coordination meetings such as National City's Homeless
Committee Meeting and the South Bay Homeless Advocacy Coalition to
ensure that referrals are current and services are coordinated with regional
efforts.
13. Networking with other community homeless group for the purpose of
examining best practices and sharing & receiving information in meeting
program objectives.
14. Provide weekly reports on program activities and outcomes to the National
City Homeless Committee Chair.
15. Provide monthly statistics as determined by the Homeless Committee Chair.
16. Review weekly reports to ensure objectives are being addressed.
17. Homeless Outreach workers will assist in notification of shopping cart
retrieval when associated with homeless activities.
18. Assist with documentation of stored homeless property after storage time
has expired per City abatement procedures and the donation of such items
not recovered.
19. Provide outreach to community and assistance with "No -Trespass"
notification notices when dealing with a homeless project site/location.
DELIVERABLES
Monthly report on homeless counts along pre -determined zones. Report to include total
count, total assessed, males vs. females, count per city beats, and count of placement or
services. Reports to contain detail information from field data collected as a result of
outreach and case management.
Service Provider: Alpha Project 2 of 2
ATTACHMENT B
COMPENSATION & INVOICING
CITY OF NATIONAL CITY
COMPENSATION
For the satisfactory performance and completion of the services under this Agreement, the City
shall pa'/ Service Provider compensation as set forth hereunder.
1. Service Provider shall be compensated and reimbursed by the City on the basis of
invoices submitted each month for services performed during the preceding the month.
a. Each invoice for work shall include:
i. Date work performed
ii. Description of the work performed
iii. Direct Costs
2. Professional services shall be invoiced in accordance with the following Rate Schedules:
a. Homeless Outreach and Intervention Services $10,000/month
Note: The following shall be considered part of the fully burdened hourly rate state in the
Agreement: vehicle expenses, parking, tolls, film, postage, computer usage, printing, normal
copying and document reproduction, blue print services, travel, lodging, telecommunications,
photography, and all other costs and expenses incurred in completing such services.
INVOICING
1. Payment Documentation: As a prerequisite to payment for services, Service Provider
shall invoice the City for services performed and for reimbursable expenses authorized
by this Agreement, accompanied by such records, receipts and forms as required.
2. Service Provider shall include the following information on each invoice submitted for
payment by the City, in addition to the information required in the Compensation
Section above:
Service Provider: Alpha Project
1 of 2
a. The following certification phrase, with printed name, title and signature of
Service Provider's project manager or designated representative:
"I certify under penalty of perjury that the above statement is just and correct
according to the terms of Document No. and that payment has not
been received."
b. Dates of service provided
c. Date of invoice
d. A unique invoice number
3. City shall, at its discretion, return to Service Provider, without payment, any invoice,
which has been submitted without the above information and certification phrase.
4. Invoices shall be mailed to the attention of: City of National City
5. Should City contest any portion of an invoice, that portion shall be help for resolution,
but the uncontested balance shall be processed for payment. City may, at any time,
conduct an audit of any and all records kept by Service Provider for the Services. Any
overpayment discovered in such an audit may be charged against the Service Provider's
future invoices and any retention funds.
6. Service Provider shall submit all invoices within thirty (30) days of completion of work
represented by the request and within sixty (60) days of incurring costs to be
reimbursed under the Agreement. Payment will be made to Service Provider within
thirty (30) days after receipt by City of a proper invoice.
Service Provider: Alpha Project
2 of 2
Client#: 1251001 303ALPHAPRO
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE (MM!DDIYYYY)
4/06/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s),
PRODUCER
BB&T-John Burnham Ins Services
750 B Street Suite 2400
San Diego, CA 92101
619 231-1010
INSURED
Alpha Project for the Homeless
3737 5th Ave. #203
San Diego, CA 92103
NAMEACT Vicky Briley
(A/C, No, Ext): 619 525 2861
E-MAIL
ADDRESS:
FAX
No): 888 328 1308
INSURER(S) AFFORDING COVERAGE
INSURER A: Nonprofits' Insurance Alliance
INSURER B : State Compensation Ins. Fund CA
NAIC
XXNAIC
35076
INSURER C :
INSURER D
INSURER E :
INSURER F :
COVERAGES
CERTI
- .- -- -- ..I_..v.v....vniOCrl. ,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
M R
TYPE OF INSURANCE
ADDLSUBR
INSR
WVD
POLICY NUMBER
POLICY EFF
IMM/DD/YYYYUMM/DDNYYYY)
POLICY EXP
LIMITS
A
X
COMMERCIAL GENERALLULBILITY
201508694NP0
09/01/2015
09/01/201
EACHOCCURRENCE$1,000,000
CLAIMS -MADE
X
OCCUR
PREMISE$(Eggvcutrence)
$5500,000
MED EXP (Army one person)
$ 20,000
PERSONAL &ADV INJURY
$1,000,000
GENT
AGGREGATE
LIMIT APPLIES
PRO -
JECT
X
PER
LOC
GENERAL AGGREGATE
$2,0001000
PRODUCTS - COMP/OP AGG
$2,000,000
$
A
AUTOMOBILELIABILJTY
X
X
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
X
SCHEDULED
AUTOS
NON OWNED
AUTOS
201508694NP0
09/01/2015
09/01/201
ICE° some°ISINGLE LIMIT
$1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per eocldent}
$
PROPERTY DAMAGE
Per accident)
$
A
X
UMBRELLA LIAB
EXCESS LIAB
XOCCUR
CLAIMS -MADE
201508694UMB
09/01/2015
09/01/201
EACH OCCURRENCE
s2,000,000
AGGREGATE
$2,000,000
DED
X
RETENT ON $10000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY „! N
ANY OFFICER/MEMBERRIETOEAXCLUDEc^ D? ECUTIVEI ' I
(Mandatory In NH)
tf yes, describe under
DESCRIPTION OF OPERATIONS below
N / A000,000
910314015
6/30/2015
06/30/2016
PER
X STATUTE
OTH-
JFR
EL EACH ACCIDENT
Si$1
EL DISEASE- EA EMPLOYEE
$1,000,000
EL. DISEASE - POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace is required)
CERTIFICATE 1S SUBJECT TO POLICY LIMITS, TERMS, CONDITIONS & EXCLUSIONS.
RE: Proof of Insurance
CERTIFICATE HOLDER
CANCELLATION
City of National City
1243 National City Blvd
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S15973787/M14734986
VSBRI
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228
Michael R. Dalla, CMC - City Clerk
ALPHA PROJECT
Homeless Outreach Services — Agreement Extension
Dionisia Trejo (Neighborhood Services) Forwarded
Copy of Agreement to Alpha Project