HomeMy WebLinkAbout2017 CON Alpha Project - Homeless Outreach Services - Amendment #2SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ALPHA PROJECT FOR THE HOMELESS
THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this 19th day of
December, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and ALPHA PROJECT FOR THE HOMELESS, a nonprofit corporation (the
"CONSULTANT"), together the "Parties".
RECITALS
WHEREAS, the CITY and the CONSULTANT (the "PARTIES") entered into an
Agreement on March 2, 2017, (the "Agreement") wherein the CONSULTANT agreed to provide
outreach services for the homeless and intervention services for the not -to -exceed amount of
$50,000 with an expiration date of June 30, 2017.
WHEREAS, in June 2017, the PARTIES desired to enter into a First Amendment to the
Agreement to extend the term of the Agreement for one year for a not to exceed amount of
$120,000, for a total not to exceed Agreement amount of $170,000.
WHEREAS, on June 20, 2017, the City Council adopted Resolution No. 2017-114
approving the First Amendment to the Agreement to extend the term for one year, expiring on
June 30, 2018, but the not to exceed amount of the Amendment was inadvertently entered as
$70,000, instead of the correct amount of $120,000.
WHEREAS, to correct the amount of funds that should have been appropriated for the
Agreement, the Parties desire to enter into a Second Amendment to the Agreement for the
correct amount of $120,000, for a total not to exceed Agreement amount of $170,000 for the
period of March 2, 2017 through June 30, 2018, as was initially intended by the PARTIES.
WHEREAS, Section 5 (Compensation and Payment) of the Agreement states that the
monthly not to exceed amount is $7,140, however monthly invoicing and projection amounts
have exceeded that amount. The Parties previously contemplated a monthly not to exceed
amount of $10,000, which more accurately reflects the actual cost of services per month. The
Parties desire to amend Section 5 of the Agreement to increase the monthly not to exceed amount
from $7,140 to $10,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on March
2, 2017, as amended shall be for a total not to exceed Agreement amount of $170,000 for the
period of March 2, 2017 through June 30, 2018, and to amend Section 5 (Compensation and
Payment) to increase the monthly not to exceed amount from $7,140 to $10,000.
The parties further agree that with the foregoing exceptions, each and every term and
provision of the Agreement dated March 2, 2017 shall remain in full force and 'effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OF N IONAL CITY ALPHA PROJ CT OR THE HOMELESS
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
By:
Bob McEI
President
By:
Amy Gonyean
Chief Operating Officer
Second Amendment to 2017 Agreement 2 City of National City and
Alpha Project for the Homeless
RESOLUTION NO. 2017 — 242
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND
ALPHA PROJECT FOR THE HOMELESS TO CORRECT THE TOTAL
NOT TO EXCEED AMOUNT TO BE $170,000 FOR THE PERIOD OF
MARCH 2, 2017 THROUGH JUNE 30, 2018, TO PROVIDE OUTREACH
SERVICES FOR THE HOMELESS AND INTERVENTION SERVICES, AND
TO ADJUST THE MONTHLY NOT TO EXCEED AMOUNT TO $10,000
FOR THE TERM OF THE AGREEMENT, ENDING JUNE 30, 2018
WHEREAS, the City and Alpha Project for the Homeless, a nonprofit corporation,
("Alpha Project") entered into an Agreement on March 2, 2017, wherein Alpha Project agreed to
provide outreach services for the homeless and intervention services for the not -to -exceed
amount of $50,000 with an expiration date of June 30, 2017; and
WHEREAS, on June 20, 2017, the City Council adopted Resolution No. 2017-
114 approving the First Amendment to the Agreement to extend the term for one year, expiring
on June 30, 2018, but the not to exceed amount of the Amendment was inadvertently entered
as $70,000, instead of the correct amount of $120,000; and
WHEREAS, to correct the amount of funds that should have been appropriated
for the Agreement, a Second Amendment to the Agreement is necessary for the correct amount
of $120,000, for a total not to exceed Agreement amount of $170,000, for the period of March 2,
2017 through June 30, 2018, as intended in the First Amendment; and
WHEREAS, Section 5 (Compensation and Payment) of the Agreement states
that the monthly not to exceed amount is $7,140, however monthly invoicing and projection
amounts have exceeded that amount. The Parties previously contemplated a monthly not to
exceed amount of $10,000, which more accurately reflects the actual cost of services per
month. The Parties desire to amend Section 5 of the Agreement to increase the monthly not to
exceed amount from $7,140 to $10,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into
on March 2, 2017, as amended shall be for a total not to exceed Agreement amount of
$170,000 for the period of March 2, 2017 through June 30, 2018, and to amend Section 5
(Compensation and Payment) to increase the monthly not to exceed amount from $7,140 to
$10,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute a Second Amendment to the Agreement between the City of National City
and Alpha Project for the Homeless to correct the total not to exceed amount to be $170,000 for
the period of March 2, 2017 through June 30, 2018, to provide outreach services for the
homeless and intervention services, and to adjust the monthly not to exceed amount to $10,000
for the term of the Agreement, ending June 30, 2018.
[Signature Page to Follow]
Resolution No. 2017 — 242
Page Two
PASSED and ADOPTED this 19th day of December, 2017.
on Morrison, Mayor
ATTEST:
i/
Michael R. Dalla ,' ity Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of National City, California, on
December 19, 2017 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
//
City Cterk of the City of tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2017-242 of the City of National City, California, passed and
adopted by the Council of said City on December 19, 2017.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 19, 2017
AGENDA ITEM NO. 18
EM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second
Amendment to the Agreement between the City of National City and Alpha Project for the Homeless to correct
the total not to exceed amount to be $170,000 for the period of March 2, 2017 through June 30, 2018, to
provide outreach services for the homeless and intervention services, and to adjust the monthly not to exceed
amount to $10,000 for the term of the Agreement, ending June 30, 2018. (Neighborhood Services)
PREPARED BY: ;Armando Vergara
PHONE: ',(619) 336-4213
EXPLANATION:
On June 27, 2017, the City Council approved the First Amendment to the Agreement with Alpha Project for the
Homeless, to continue to provide outreach and intervention services for the homeless in National City from July 1,
2017 thru June 30, 2018. This First Amendment Agreement was based on a prior contract which had a monthly
not to exceed amount of $7,140, however all prior contracts where set at with a monthly not to exceed amount of
$10,000. Due to invoicing and projection amounts going over $7,140, staff is amending the monthly contract cap
to return to the prior initial not to exceed amount of $10,000.
As part of this agreement, Alpha Project continues to provide monthly statistics of National City outreach and
services including ongoing efforts to keep National City current with local and state initiatives. Staff seeks
approval to exercise this Second Amendment to the one (1) year extension. This Second Amendment would
appropriate proper funding amounts and increase the monthly not to exceed amount to $10,000 with term ending
June 30, 2018.
DEPARTMENT: Nei
APPROVED BY:
hood Services Department
ds are appropriated in Neighborhood Services Contract Services account.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
001-420-057-299-0000
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A1
ATTACHMENTS:
1. March 2, 2017 Agreement
2. First Amendment
3. Second Amendment
4. Resolution
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AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ALPHA PROJECT FOR THE HOMELESS
THIS AGREEMENT is entered into on this 2nd day of March, 2017, 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 to provide outreach services for the homeless and intervention services, 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 December 1, 2016.
The duration of this Agreement is for the period of 7 months through June 30, 2017.
Completion dates or time durations for specific portions of the project are set forth in Exhibit
"A". This Agreement may be extended by mutual agreement upon the same terms and conditions
for an additional one (1) year term. The Parties may exercise up to three one-year extensions.
Any extension of this Agreement must be approved in writing by the City Manager.
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
1
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 scope of services to be provided is
more fully described in 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.
4. PROJECT COORDINATION AND SUPERVISION. Armando Vergara
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 $50,000 for the duration of this
Agreement, a period of 7 months, December 1, 2016 through June 30, 2017. The compensation
for the CONSULTANT'S work shall not exceed $7,140 per month. 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 ieasonabic 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 famishing of copies to the CITY, if requested.
b. 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 Services 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.
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
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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.
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
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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 lirnit 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, officials,
agents, employees, and volunteers against and from any and. all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits, 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, employees
or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT
shall employ competent counsel, reasonably acceptable to the City Attorney.
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.
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
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indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and
against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature
and description, including reasonable attomey'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. D 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,
employees, and volunteers as additional insureds, and a separate additional insured endorsement
Asti be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
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, officials, 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:VII
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
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"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, aTe 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 attomey'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 shR11, in addition, be limited to the amount of attomey'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. 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.
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
Outreach to Homeless and Page 7 of 11 City of National City and
Intervention Services (March 2017) Alpha Project for the Homeless
7
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.
20. 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: Armando Vergara
Director of Neighborhood Services
Neighborhood Services Department
City of National City
1243 National City Boulevard
National City, CA 91950-4397
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.
21. 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,
Outreach to Homeless and Page 8 of 11 City of National City and
Intervention Services (March 2017) Alpha Project for the Homeless
8
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.
22. 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.
23. 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.
E. 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. To the extent any exhibits,
schedules, or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement shall control.
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.
Outreach to Homeless and Page 9 of 11 City of National City and
Intervention Services (March 2017) Alpha Project for the Homeless
9
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. Subcontractors or Subconsultants. The CITY is engaging the services of
the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 17 and the indemnification and hold
harmless provision of Section 15 of this Agreement.
M. 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.
Outreach to Homeless and Page 10 of 11 City of National City and
Intervention services (March 2017) Alpha Project for the Homeless
10
IN WITNESS WHEREOF, the patties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CTIY
Leslie Deese, City Manager
APPROVED AS TO FORM:
George H. Eiser, ]1T
Ind City Attorney
Outreach to Homeless and
Intervention Services (March 2017)
ALPHA PROJECT FOR THE HOMELESS
ref/Pore:ion —fe7
(Porkers*arSokproprietorship —ow )
By:
By:
Array Gonyean
Chief Operating Officer
Page 11 of 11 City otx t City aid
Apia Peatfor the H ndcs
11
EXHIBIT 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 PERT team, Neighborhood Services Department, as weii as companies, city
departments and agencies affected by homelessness throughout the city. These often include
public libraries, 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 and women 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.
Service Provider: Alpha Project 1 of 2
12
Services shall include:
1. Produce monthly statistical reporting and record keeping of housing placements,
services provided and numbers of contacts
2. Deploy outreach teams 5 days per week to provide homeless outreach services
3. Transportation will be provided upon client's request
4. Outreach teams will work closely with National City businesses to educate and assist
in homeless related issues
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.
Service Provider: Alpha Project 2 of 2
13
DELIVERABLES
Monthly report on homeless counts along pre -determined zones. Report to include total count,
total assessed, males vs. female, count per city beats, and count of placement or service.
Reports to contain detail information from field data collected as a result of outreach and case
management
Service Provider: Alpha Project 3 of 2
14
EXHIBIT B
COMPENSATION & INVOICING
CITY OF NATIONAL CITY
COMPENSATION
For the satisfactory performance and completion of the services under this Agreement, the City
shall pay 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:
1. 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 $7,140/month.
b. Total cost of services for the period of December 1, 2016 and June 30, 2017, shall
not exceed $50,000.
Note: The following shall be considered part of the fully burdened houriy 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
15
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
S. 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
r
16
ACORD,k
Ctleri: 27411 ALPHPROJ
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER:
SOWN EN IEttUi E7 Vr `fC
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MRIPT1ON OF OPERATIONS MI
DATE DWYYYY)
10/2712016
THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMIA1WELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate homier Is an AbDRiONAL INSURED, the policy(Fes) must be onaorsed. If SUBROGATION 18 WAIVED, subject to
the terms end Donations of the policy, certain ponchos may require an endorserlient. A ant on thla certificate doss not confer rthls to the
oertiflcate holder in lieu of such endorsers).
PRODUCER
Marsh & McLennan Agency LLC
Marsh & McLennan Ins Agncy LLC
PO Box 85688; CA IJc i0H18131
San Diego, CA 02186
iNSURED
Alpha Project For the HolneIess
3737 5th Ave. Suite 202
San Dives, CA 62103
mem Krista Mitchell
we , Edu 858 7s04425 N0): 858409.0734
AD541asa,M!tilt.rnitchelialbameyandbarney.com
IRSUREINS) AFFORDING COVERAGE
INSURERA: Philadelphia Indemnity Iniuranc
$SURER e : New York Marine And General Ins
INSURER C :
PAW s
18058
16808
iNSURER E
COVERAGES
Daum( F
REVISION NUMBER:
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, TERJ,II OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT 1hWd RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAiN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN le SUBJECT Tb ALt. THE TERMS,
EXCLUSIONS AND CONDtl1OPS OF SUCK POUCIES. LINNETS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS,
TYPE OF INSURANCE
A
COMMERCIAL MEYRAL, minim
CL.AIUS-MADE a OCCUR
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OTHER:
POLICY NUELNIR
PHPK1 545202
81if i116
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09t011201
EACH OCCURRENCE
oxrorxal
MED EXP (Arty one poem)
PERSONAL & ADV INJURY
! i 00.000
$ 100,000
$ 6,000
$1,000,000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COVPIOP AOG
$2,000,000
AUTOMOBILE LIASItuTY
x
x
ANY AUTO
ALL OWNED
AUTOS
tamp Amos X
UMBRELLA UAE
EXCESS IJAB
PHPK1645202
SCHEDULED
AUTOS
NON -OWNED
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09i01i2016
09/01/2017
r[31NEDiS1N LEuMrT
BODILY INJURY (Per person)
$
11,000,000
BODILY INJURY (Per accident)
imeeldentl
-PROPERTY DAMAGE
-�= OCCUR
CLAIMS -MADE
DED
X
RETENTION 110000
WORKERS COMPENSATION
AND SNP/DYERS' UAeIUTY 11 rFVET`- X
PHU6554881
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AGGREGATE
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DESCRIPTION OF OPERATION! If t OCAT)ONE 1 VEHICLES (ACOrec 1d1. Additions: Ronda Seltedule, ear be Method If now span le. requited)
City of National City if Included as additional Insured with respects to General Liability per the attached
endorsements.
CERTIFICATE HOLDER
City of National City
1243 National City Blvd.
National City, CA 01850
CANCELLATION______
SHOULD ANY OF THE ABOVE DESCRY POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN
ACCORDANCE WTIH THE POLICY PROVISIONS,
AUTHORIZED REPRESEtTAT V
it'44$41.1v.14-01.444.
11� 1968 2014 ACORD CORPORATION.. MI rights reserved,
#CORD 26 120141et) 1 of 1 Ti c AGM= new old Its an registered marks et A,COR0
18966425IM888856
Min(
17
INSURED: Ache Po1ect For the Homilies
POLICY #: PFPK1545202
POLICY PERIOD: 09/012016 TO O9I011201T
COMEEISCIAL GENERAL i ABI 'TY
CO 2012 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AlThOR!ATIONS
This eredomerront modifies Insurance provided under the following:
COMMERCIAL GENERAL LL BILiTY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
City of National City is Included as additional insured with respects to General Liability per the
attachedendorsements.
Information retired to oorr etE this Schedule, if not shown above, will be shown In the Dectarafiiona.
A. Section It — Who is An Insured is amended to
Inoiude es an additional insured any state or
gvvemmertel agency or subdivision or potitioal
subdivision shown In the Schedule, subject to the
following provisions:
1. This Insurance applies only with respect to
operation; performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision hes issued s
permit or a dhorization.
However.
a. The :neuronic afforded to such additional
hewed only applies to the extent permitted
by Iew; and
b. If coverage provkied to the acicakmal
insured is required by a oontraot or
agreement, the Irs3uran0e afforded to suoh
additional Insured wilt not be trailer than
that which you ere required by the oontraot
or agreement to provide for such additional
Insured.
CO 2Q 12 °4 12
2. This insurance does not apply to:
a. "Badly 'injury",, "property damage" or
"personal and advertising hlury" arising out
of operations performed for the federal
goverment, state or muretotpailty; or
b. "Bodily injury" or "properly da "
included within the "produ
operations hazard".
S. With respect to the insurance aTbrded to these
additional Insureds, the following le added to
Sect on III — Limits Of lltteecca~:e
if coverage provided to the eddtticrnal hawed is
required by s centred or agreement, the most we
wHt pay on behalf of the additional ensured Is the
amount of insurance:
rtResgUred by the cofntrsot or agreement; o
2 Available under the applioeble Limits of
insurance shown in the Dealaretions;
whichever is Less.
This endorsement shall not increase the
apptioabie Limb of harems shown In the
Declarations.
0 Insurance Services Office, Inc., 2012 Page 1 of 1
18
INSURED: Alpha Proms For the Homeless
POLICY#: PFIFIK1145202
POLICY PERIOD: 09/0112De TO OWOIR017
COMMERCIAL GENERAL LIABILITY
CG20040509
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOC-ATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modules irnermnce provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s): All locations, other then Construction Projects, occupied by the named Insured
Information required to complete this Schedule, if not shown tbove, will be shown in the Deo1nr$tionrt.
A. For et sums which the Insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Section I — Coverage A, and for all
medial expenses caused by accidents under
Bectlon 1— Coverage C, which can be attributed
only to Operellons at a tingle designated 'boa -
Hon" show In the Schedule above:
1. A separate Designated Location General
Aggimgato Urrd applies to each designated
"loestion", and that limit is equal to the
amount of the Genera Aggregate Um t
shown In the Declaration.
L. The Designated Location General Aggregate
Limit is the'most we will pay for the sum of all
damages under Coverage A, except darn -
ages ben use of 'bodily Ir$ur " or "property
damage' Included In the "prods-wrnprated
aperationt hazard', end for medical expenses
under Coverage C regardless of the nurnber
a. Insureds;
CG2604OS06
b. Claims made or "suits" brought or
c. Persons or organizations making Balms or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Covee C for• medical
expenses shell reduce the Designated Loca-
tion General Aggregate Lamtt for that desig-
nated "loceitlen". Such payments anal not re-
duce the General Aggregate Limit shown In
the Declarations nor shalt they reduce any
other Deelignaied Location Generel Aggre-
gate dlmit for any other designated "location"
shown In the Schedule above.
4. The limits shown in the Dedarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Uml shown In the Mole -
rations; such limits v X be subject to the app1.
eablre Designated Lotion General Amara -
gate Limit.
Insurance Services Office, Inc., 2008 urge t of
Weftvw Kluwer Servlc:ee I Uniform Fignity
19
B. For al Sums which the insured becomes legally
obligated to pay as es. Card by "000ur -
renees" under Section ! — e A, and for ail
medical expenses caused by occirimIte under
Section I — Coverage C, which cannot be attrib-
uted only to operations at a single designated
"looailon" shown in the Schedule above:
1. Any payments made under Coverage A for
damages or under Ceverage C for medical
expenses shalt reduce the amount 'amiable
under the General Aggregate Limit or the
Preclude -completed Operations Aggregate
Omit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
natd Location General Aggregate Limit
Page g of 2
C. when coverage for liability arising out of the
uproducts-completed operations hafzerd' is pm-
vided, any payments for damages betimes of
"wily Injury" cr "property Omega" -inckxlecl in
the "products-oompleted operations hazard" will
reduce the Products -completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Location Gen-
erel Aggregate Limit.
D. For the purposes of this endorsement. the Defi-
nitions Section is amended by the addition of
the following definition:
'Location' means premises involving the acme or
connecting lots, or premises whose connection is
Interrupted only by a street, roadway, waterway
or right-of-way era railroad.
E. The
Insur-
ance notprovisionslthisLimits
otherwise modified by ndorsement
shall continue to apply as stipulated.
insuranoe Services Office, Inc., 2008 CG 28 04 lid 08
20
FIRST AMENMENT TO THE.A.GRi
BY AND BETWEEN -
TRE c T'Y OF NATIONAL t1TY
AND
ALPR44 PROJECT FOR THE HOMELESS
THE FIRST AMENDMENT TO THE A REEMENT, is entere4
June 2017, by and bet CITY OP NATIONAL.Cam', a mu - into201day of
cafe, a ject for the How, a propat
° 'r Ott
corpora#�i�. (the"CONSULTANT").
RECITALS
WHEREAS, the CTIT and the CONSULTANT entered
2017, ("the Agrethe ement") ton+
the h►c 1e ss i in oa services.
ov1c a for
WB EAs, the original Agreement had a not�to-excecd. �aoturt of $ 50 a
on of June 30, 2017. and an
WHEREAS, pardes de to amend the Agreement to =tend the t
Agreementone year, expiring �` me 30, 2018 for the not to exceed , $o2nf0n,0/e
00.
NOW, THEREFORE, the pies hereto agree that the Agreement
2, 2017, shall be � to the Of the ��' 0�1 Marc
2018 for the not to eased amount of$770,000, for a total not to exceed � � Jul 30,
.
of $120,000.
provision off fbtther the fob exception, each eat ibe parties terns and
reement dated March 2,20►17 shall shall ieinain in iill force and effect
T TTC ESS WHEREOF, the p hereto have aid this P
Agreement the date and year above written. ent tothe
CITY OF TI0NAL CTTY
oson, Mayor
APPROVED AS TO FORM;
ALPHA. PROJECT FOR THE ]I0M i' gS
(*--Dina a1
ablepopricistraidP
Bob McElroy
President
Army Gonyean.
Chief Operating Qffiiaca
21
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ALPHA PROJECT FOR THE HOMELESS
THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this 19th day of
December, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation
("CITY"), and ALPHA PROJECT FOR THE HOMELESS, a nonprofit corporation (the
"CONSULTANT"), together the "Parties".
RECITALS
WHEREAS, the CITY and the CONSULTANT (the "PARTIES") entered into an
Agreement on March 2, 2017, (the "Agreement") wherein the CONSULTANT agreed to provide
outreach services for the homeless and intervention services for the not -to -exceed amount of
$50,000 with an expiration date of June 30, 2017.
WHEREAS, in June 2017, the PARTIES desired to enter into a First Amendment to the
Agreement to extend the term of the Agreement for one year for a not to exceed amount of
$120,000, for a total not to exceed Agreement amount of $170,000.
WHEREAS, on June 20, 2017, the City Council adopted Resolution No. 2017-114
approving the First Amendment to the Agreement to extend the term for one year, expiring on
June 30, 2018, but the not to exceed amount of the Amendment was inadvertently entered as
$70,000, instead of the correct amount of $120,000.
WHEREAS, to correct the amount of funds that should have been appropriated for the
Agreement, the Parties desire to enter into a Second Amendment to the Agreement for the
correct amount of $120,000, for a total not to exceed Agreement amount of $170,000 for the
period of March 2, 2017 through June 30, 2018, as was initially intended by the PARTIES.
WHEREAS, Section 5 (Compensation .and Payment) of the Agreement states that the
monthly not to exceed amount is $7,140, however monthly invoicing and projection amounts
have exceeded that amount. The Parties previously contemplated a monthly not to exceed
amount of $10,000, which more accurately reflects the actual cost of services per month. The
Parties desire to amend Section 5 of the Agreement to increase the monthly not to exceed amount
from $7,140 to $10,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on March
2, 2017, as amended shall be for a total not to exceed Agreement amount of $170,000 for the
period of March 2, 2017 through June 30, 2018, and to amend Section 5 (Compensation and
Payment) to increase the monthly not to exceed amount from $7,140 to $10,000.
The parties further agree that with the foregoing exceptions, each and every term and
provision of the Agreement dated March 2, 2017 shall remain in full force and effect.
22
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first above written.
CITY OF NATIONAL CITY ALPHA PROJECT FOR THE HOMELESS
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
By:
Bob McElroy
President
By:
Amy Gonyean
Chief Operating Officer
Second Amendment to 2017 Agreement
2 City of National City and
Alpha Project for the Homeless
23
RESOLUTION NO. 2017 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND
ALPHA PROJECT FOR THE HOMELESS TO CORRECT THE TOTAL
NOT TO EXCEED AMOUNT TO BE $170,000 FOR THE PERIOD OF
MARCH 2, 2017 THROUGH JUNE 30, 2018, TO PROVIDE OUTREACH
SERVICES FOR THE HOMELESS AND INTERVENTION SERVICES, AND
TO ADJUST THE MONTHLY NOT TO EXCEED AMOUNT TO $10,000
FOR THE TERM OF THE AGREEMENT, ENDING JUNE 30, 2018
WHEREAS, the City and Alpha Project for the Homeless, a nonprofit corporation,
("Alpha Project") entered into an Agreement on March 2, 2017, wherein Alpha Project agreed to
provide outreach services for the homeless and intervention services for the not -to -exceed
amount of $50,000 with an expiration date of June 30, 2017; and
WHEREAS, on June 20, 2017, the City Council adopted Resolution No. 2017-
114 approving the First Amendment to the Agreement to extend the term for one year, expiring
on June 30, 2018, but the not to exceed amount of the Amendment was inadvertently entered
as $70,000, instead of the correct amount of $120,000; and
WHEREAS, to correct the amount of funds that should have been appropriated
for the Agreement, a Second Amendment to the Agreement is necessary for the correct amount
of $120,000, for a total not to exceed Agreement amount of $170,000, for the period of March 2,
2017 through June 30, 2018, as intended in the First Amendment; and
WHEREAS, Section 5 (Compensation and Payment) of the Agreement states
that the monthly not to exceed amount is $7,140, however monthly invoicing and projection
amounts have exceeded that amount. The Parties previously contemplated a monthly not to
exceed amount of $10,000, which more accurately reflects the actual cost of services per
month. The Parties desire to amend Section 5 of the Agreement to increase the monthly not to
exceed amount from $7,140 to $10,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into
on March 2, 2017, as amended shall be for a total not to exceed Agreement amount of
$170,000 for the period of March 2, 2017 through June 30, 2018, and to amend Section 5
(Compensation and Payment) to increase the monthly not to exceed amount from $7,140 to
$10,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute a Second Amendment to the Agreement between the City of National City
and Alpha Project for the Homeless to correct the total not to exceed amount to be $170,000 for
the period of March 2, 2017 through June 30, 2018, to provide outreach services for the
homeless and intervention services, and to adjust the monthly not to exceed amount to $10,000
for the term of the Agreement, ending June 30, 2018.
[Signature Page to Follow]
Resolution No. 2017 —
Page Two
PASSED and ADOPTED this 19th day of December, 2017.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
'bk'bkATED AD le"
/ft/uhIuuwu,s%fl%W%*
January 11, 2018
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
Ms. Amy Gonyeau
Chief Operating Officer
Alpha Project for the Homeless
3737 Fifth Avenue, Suite 203
San Diego, CA 92103
Dear Ms. Gonyeau,
On December 19th, 2017, Resolution
Council of the City of National City,
the Agreement with Alpha Project for
We are enclosing for your records a
executed original Agreement.
Sincerely,
,;;214))
ba
Michael R. Dalla, CMC
City Clerk
Enclosure
No. 2017-242 was passed and adopted by the City
authorizing execution of a Second Amendment to
the Homeless.
certified copy of the above Resolution and a fully