HomeMy WebLinkAbout2023 CON McAlister Institute for Treatment and Education - Homelessness ServicesAGREEMENT
BY AND BETWEEN
EN
THE +CITY OF NATIONAL CITY
AND
MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, I.C.
91-01
THIS AGREEMENT is entered into on this day of c 20 ', by
and between the CITY OF NATIONAL AL CITY, a municipal corporation (the "CITY"), and
MCALISTER INSTITUTE FOR TREATMENT E T . EDUCATION. . INC. (-McAlister"), a
California n r fit corporation (the "CONSULTANT '),
RECITALS
WHEREAS the CITY desires to employ a CONSULTANT T to provide services inoludinL
but notlimited to rental assistance, outreach, case management, and housing navigation for people
experiencing homelessness within National City.
WHEREAS, the CITY has allocated California Department of Housing and Community
Development Permanent Local Housing Allocation Program funds "PLHA. Program") to the
CONSULATANT.
WHEREAS, the CONSULTANT shall meet the requirements of the PLHA Program.
WHEREAS, the CITY ' has determined that the CONSULTANT 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 services including but not limited to rental assistance, outreach, case
management, and housing navigation for people experiencing homelessness as set forth in Exhibit
"A," and the CONSULTANT agrees to perform the services set forth here in accordance with all
tennis 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. EFFECT' DATE AND LENGTH OF AGREEMENT. This Agreement will
become effective on July 1, 2022. The duration of this Agreement is for the period of July 1, 2022
through June 30, 2023. 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. Any extension of this Agreement must
be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth
in the attached Exhibit "A+"
The CONSULTANT shall follow all grant rules and regulations and shall be
responsible for all reports, 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
c rnpensat on_asso ated with said hangein e s.
4. PROJECT_ COORDINATION AND SUPERVISION. The Housing Programs
Manager is hereby designated as the Project Coordinator for theCITY 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. The Manager of the McAlister Institute is thereby
designated as the Project Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall bebased on quarterly 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 "A" shall not exceed 440,710. 0, Monthly invoices
will be processed for yment 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
five (5) 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.
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: I) be free from defects; (2)
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.
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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 CONSLJLTA T' S written
r pro . t for the CITY' S Autposes, 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.
CITY understands that services provided by CONSULTANT may be clinical in
nature, containing confidential, medically privileged or other privacy protected information. As
such, documents of a clinical nature are not subject to this paragraph.
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 CIT'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
SUBCON SULTANT(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 set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or en3p l oyees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement.
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10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, T, in the
p
erfor-rnance 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
SU CO SULTA T( , 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. CONSULTANT must promptly produce a copy of any such
license, permit, or approval to CITY upon request. The CONSULTANT T represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
tern 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.
:I . Unldss disclosed in writing prior to the date of this Agrennent, 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 TLTANT 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 -section will render the CONSULTANT liable to the CITY for any increased costs that
result from the C ITY' 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 -T I IMI.NATION PROVISIONS. S. The COIF ULTA T 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 ensure 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 payor other forms of compensation, and selection for
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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 p►crform 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 perforrn 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; (ili) 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 ofthe 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 T shall be liable. to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, 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.
'l'he 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. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
16.1 PERS Eligibility Indemnification. IfCONSULTANT' s employees providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or the
California Public Employees Retirement System `PETS") to be eligible for enrollment in PERS
of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment
of any employer and employee contributions for PERS benefits on behalf of the employee as well
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as for payment of any penalties and interest on such contributions which would otherwise be the
responsibility of the CITY.
CONSULTANT 'S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under
PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid
by CITY for PERS benefits; or ) be entitled to any other PERS-related benefit that would accrue
to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or
compensation described in this Section 1. This Section 16 applies to CONSULTANT
notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary.
16.2 Limitation of CITY Liability, The payment made to. CONSULTANT under this
Agreement shall be the full and complete compensation to which CONSULTANT and
`ON ULTANT's officers, employees, agents, and subcontractors are entitled for performance of
any work under this Agreement. Neither CONSULTANT nor O SULTA T's officers,
employees, agents, and subcontractors are entitled to any salary or wages., or retirement, health,
leave or other fringe benefits applicable to CITY employees, The CITY will not make any federal
or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any
workers' compensation insurance on behalf of CONSULTANT.
16.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and
indemnify the CITY for any obligation, claim, suit.. or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of (1)
CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT
construed to be an employee of the CITY, . "or work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement
17. 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 Labor 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, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attorney's fees and defensecosts 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.
18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its U CO LTAI` T(), when applicable, to purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of S1,000,000 per occurrence,
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance ofthis Agreement, with a minimum coverage of 1,000,0
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combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. 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.
C. Commercial General Liability Insurance, with minimum lirnits 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 S ,00O,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 41 e ti. n" should b d with specificity
on an endorsement that shall be incorporated into the policy.
I. 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 0 days prior
written notice to the CITY's Risk Manager, at the address listed in subsection G below, of
cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" forin, 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.
shall be:
G. The Certificate Holder for all policies of insurance required by this Section
C ` it,. o f rational City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business
in California. that hold a current policy holder's alphabetic and financial sizecategory rating of not
less than A.VII according to the current Best's Key Rating Guide, or a company of 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 List of Approved
Surplus Line Insurers t LA LI") and otherwise meet rating requirements.
1. This Agreement shall not takeeffect 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 insurance policies required by
this Section 18 in full force and effect at all times during the term of this Agreement, the CITY
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may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
J. All deductibles and self insured retentions in excess of S10,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Section 18, including limits, based onthe nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
K. If the CONSULTANT maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of
the specified m i nimum limits of insurance and coverage shall be available to the CITY.
19. 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 deterTnining 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 judo 'lent 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.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by either party.
Termination without cause shall be effective only upon -day's written notice. During said 3 -
iay 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 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 a rty 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.
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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. gay nainta y 4lSe' ice,... 4ifgi __t .._ gra - - -
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:
Housing Programs Manager
- - .-... ---Housing.-Autho.rity....-
City of National City
1243 National City Boulevard
National City, CA 91950-4397
t
To CONSULTANT: 1
Chief Executive Officer
McAlister Institute for Treatment & Education, Inc.
1400 N. Johnson Avenue, Suite 101
El Cajon, CA 92020
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 cnfirrrld 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 T 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.
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If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Refbrrn 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 Section 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,
1 `0.4, and 1.771, 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.
24. ADMINISTRATIVE 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 a
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 deterrnination of the validity of this
Agreement or any provision hereof.
L. No Obligations to Third aties. Except as otherwise expressly pr+ovided
herein, theexecution 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 ' he ul s. 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.rdrnt 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. Assignment & Assumption of Rights. CONSULTANT T shall not assign this
ALL-reement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
H. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breachof any such provision or any other provision
hereof..
IeApplicable Law. This Agreementshall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California.
Standard Agreement
Page 10 of 12
City o ' National City and
Revised January 2021 McAlister Institute for Treatment L Education. Inc.
J. Audit. If this Agreement exceeds ten -thousand dollars 10,0 , the parties
shall be subject to the examination and audit of the State Auditor for a period of three years
after final payment under the Agreement, per Government Code Section 8546.7.
K. 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 ratter 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.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to tl bx r th su c_e s s s_ n.c ... s n arti. hereto. _ : _.. - . .
M. Subcontractors or Subconsultants. The CITY is engaging the services ofthe
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 benefitof and in favor
ofthe CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless
provision of Section 15 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, GO each party has actively participated in the drafting, preparation and
ne-gotiation-ofthis 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 l
has deemed appropriate, relative to any, and all matters contemplated under this Agreement, (iv)1
each party and such party's counsel and advisors have reviewed this Agreement, 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,
Standard Agreement
Page 11 of 12
City of National City and
Revised January 2021 McAlister Institute for Treatment & Education, Inc.
EN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year
first above written.
CITY OF NATIONAL CITY
Arman
Manager
am, Acting -City
Date: 6-/e5Oz.9
APPROVED AS TO FORM:
By:
BarryJr hu , City Attorney
McAlister Institute for Treatment
Education, Inc.
(Corporat/ori signatures of Iwo corporate
officers' required)
(Partnersh (Partnership or Soleproprietorship — one
signature)
fea iW
(Frin.t)
(Title)
(Print)
(Title)
PrAh'rfror
Standard Agreement Page 12 of 12 City of National City and
Revised January 2021 McAlister institute For Treatment 8z Education, Inc.
Exhibit "A"
SCOPE OF SERVICES
McAlister Institute for Treatment & Education, Inc.
1. The CITY OF NATIONAL CITY (the "CITE'"', desires to employ the McAlister Institute for
Treatment & Education, Inc. ("McAlister" or the "CONSULTANT") to provide services including but
not limited to outreach, case management, and housing navigation for people experiencing
homelessness within Natonal-pity.
2. The City has allocated California Department of Housing and Community Development (HCD)
Permanent Local Housing Allocation Program funds ("PLHA Program") to the CONSULTANT.
3. The CONSULTANT shall meet the requirements of the Permanent Local Housing Allocation (" PLHA
Program").
3,1.. Rules and Regulations for the PLI-IA Program can be found at littps:l/www.hcd.ca.gov/grants-
and-funding/programs-acti v e/perrnanent-local-hou sing-allocat ion.
4. The CONSULTANT is to provide services to people experiencing homelessness within the National
City boundaries.
4.1. People experiencing homelessness can be defined as extremely low -Income. The meaning of
extremely low -Income is set forth in DISC Section 50106, which is a maximum of 30% of AMI.
4.1.1. The CONSULTANT shall utilize income limits issues by HCD at the following link:
https:!/www.hcd.ca.gov/grants-fundin /incor e-limits/state-and-federal-incorn -
lirnits.shtml.
4.2. An interactive boundary map of the City can be found here:
https://www. p,-oo e.con/maps/d vies er?mid 1' FiE.Png b4+Q li -
'OULt m h3 :7 kv 11=3 . 4 1803600 48%2C 117 . 35100000001 ' z_ 1 J
The CONSULTANT staff shall work with CITY staff and may partner with other organizations to
assist people experiencing homelessness.
5,1. The CONSULTANT agrees to meet with CITY staff on an as needed basis.
.2, The CONSULTANT agrees to subcontract with SECS to administer PLHA Program rental
assistance.
REPORTING
h. Annual reports for the period of July 1. to June 30 will be due by July 15.
,1. The OI LUTA TT's Annual Report will consist of two parts: Part I and Part II.
.2. The Annual Report is subject to public review. No personal identifying information will be
released.
Annual Report Part I: For the PLHA Annual Report Part 1, use Attachment 1 of Exhibit "A."
7.1. In Attachment 1 of Exhibit "A"respond to each narrative and outcome (number of unduplicated
persons or families assisted) during the program year for rental assistance, supportive/case
management, and clientele as defined below.
Page of 7
Exhibit ",r,
Scope of services continued
McAlister Institute for Treatment & Education, Inc.
7.2. Rental Assistance, with a term of six (6) months or more, meaning a voucher, operating
subsidy, or privately funded assistance that provides the difference between the monthly
rental rate and the tenant's contribution of thirty percent (30%) of their income (after certain
deductions are taken out) to pay for rent and utilities combined.
7..Supportive/case management means assessing housing and service needs, and
arranging/coordinating/monitoring the delivery of individualized services. Using the
centralizedor coordinated assessment systems, initial evaluation/verifying and document
eligibility, counseling, developing/securing/coordinating services, helping obtain Federal,
state -and -local benefits, rnonitoxin,g -valuating-parti iparits pro Tess, providim info rrnation
and referral to other providers,and Developing an individualized housing/service plan.
7.4. Extremely Low -Income meaning is set forth in HSC Section 50106, which is a maximum of
30% of AMI. The CONSULTANT shall utilize imconae limits issues by HCD at the
following link: https: /www.hcd.ca.govlgrants-fundinglincoine-liri.tsistate-and-federal-
income-1 imits . shtml .
7.5. Of the number of persons or families assisted, report on the following populations assisted.
• Seniors Assisted
• Veterans Assisted
• Disabled Persons Assisted
• Families with Children Assisted
• Transition -Aged Youth (18-24) Assisted
8. Annual Report Part II: The second part of the annual report will include year-end totals of the data
tracked in themonthly reports.
9. Monthly Reports: The CONL TANT will provide monthly reports by calendar month for the term
of the agreement. It is a condition of the agreement that the PLHA reporting outcomes (arid
expenditures) listed under the Annual Report Part 1 (#7) be tracked.
.1. CITY staff reco-mmends tracking the following:
.1.1 *Reports should reference the name (or personal identifying number) of people assisted.
.1.2.Nunnber of duplicated and unduplicated people assisted.
' .1. . er ice received by each person (unduplicated number of people assisted) and how many
times each person received the same service (duplicated number of people assisted).
.1.4.Date(s) of when services were rendered.
.1.5.uriber• of hotel vouchers issued using funds other than PLHA for people serviced in
National City experiencing homelessness.
.1,.otel vouchers are not an allowable cost of PLHA. funds.
.2. The "Hornless Outreach Case Management Data Collection Loge to track data is available for
use as a template (not required).
9..3. Monthly reports are due by the 15th day of the following month.
9.4. Failure to submit reports by the due date will result in withholding of funds until the report has
bccn submitted.Extensions may be granted upon request.
Page 2 of 7
Exhibit "A"
Scope of Services continued
McAlister lister institute for Treatment & Education, Inc.
if the monthly reporting due date falls on a Friday, Saturday or Sunday, then the report is due
the following Monday.
Monthly Reporting Due Dates
July 1 - July 31
Monday, August 15, 2022
Aug 1 - Aug 31 r
Thursday, ,September 1 g 2022
Sept 1 - Sept 30
Sunday, October 15, 2023
M
Oct I -Oct 31
Tuesday,November 15 2022
Nov 1 - Nov 0—
T1iurs y D cember 1 5, 22O2
Dec 1 -Dec 31
Monday, January 16, 2023
Jan 1 - Jan 31
Wednesday, February 15, 2023
Feb 1 - Feb 28
Wednesday, March 15, 2023
Mar 1 -Mar 31
Monday, April 17, 2023
Apr r I- Apr 30
Monday, May 15. 20 3
May 1 -May 31
Thursday, June 15, 2023
June 1- June 31
Monday, July 17, 2023
10. Submit annual and monthly reports to the Project Coordinator and CITY staff listed below.
Annual and Monthly Report Submitai
(Project Coordinator)
National City Housing Authority
Angelita Palma
Housing Programs Manager
apalma@nationalcityca.gov
National City Housing Authority
Executive Secretary
Nancy Valdivia-Ochoa
nvaldiviaoehoan ationalcityca. gov
Neighborhood Services
Ben Martinez
Neighborhood Services Manager
bmartinez@nationalcityca.gov
BUDGET & REIMBURSEMENTS
1 1, Reference Agreement #5 for compensation and payment.
12. Funding by activity listed below.
PLHA Funding ing Budget
lget
Activity
Funding Amount
Rental Assistance (Term of 6 months)
$190,000.00
Supportive/Case Management Services
2 Y i f11 . 8
Street Outreach
Total
S440.710. 4
Page 3 of 7
Exhibit' 'A"
Scope of Services continued
McAlister Institute for Treatment & Education, Inc.
13. Reimbursement requests shall include a cover letter, itemized accounting of the expenditures for the
services and use of HHAP and PLHA funds, and source documentation to show actual expenditures
e.g. timesheets, paid invoices, checks, leases, etc.).
14. The CONSULTNT shall track PLI< 1 outcomes and expenditures breakdown separately from other
funding received for the period of July 1 to June 30 and report on the (outcomes and expenditures in
Attachment 1 of Exhibit "A„ (also reference the Annual Report Part I, #7).
14.1. The PLHA funding sheet (Attachment 1 of Exhibit ``A" will be due by July 15.
15. The CONSULTANT shall submit reimbursement requests by email to:
(Project Coordinator)
National City Housing Autho
Housing Programs Manager
Angl to Palma
apalma@nationalcityca.gov
Reimbu rser en t Requests
rional City Housing Authority
Execu r ive Secretary
Nancy Valdivia-Ochoa
nvaldiviaochoa@nationalcityca.gov
Page 4of7
Attachment No. 1 Exhibrt A
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM
Annual Report
Narrative Summary
1.1. Please describe any issues or barriers you encountered in securing required entitlements, permits, zoning changes, and environmental clearances as applicabi
Not Applicable
2. Please describe the targeted beneficiaries of your project including services to be provided.
3. Please describe any proposed amendment(s) to the approved Activities and schedule (pursuant to Guidelines Section 503(b))
Not Applicable
4, Please describe additional revenue generated from program funding in this reporting period and how revenue was generated (e.g. loan repayments, Interest, fees). Please provide a description
of how your estimate of households to be assisted was determined. (pursuant to Guidelines Section: 302 (8))
No Revenue was generated ,Torn program funding in this reporting period.
4a. Prograrn Income Earned this reporting period:
Soon
.4c, CUI dli Etatanco of Rouse Revenue;
S0,00
21h. Approximate Number of Households to he assisted with this periorl"s Reuse Revenue:
0
5. Please share any success stories you've had from PLHA-funded projects
Optional: Grantees may sent attachments and photos to PLHASCMhcd.ca.gov
6. If your five-year plan includes any of the following activities: 2, 3, 4, 7, 8, 9, or 10, explain how you are targeting 20% of your allocation toward ACWH. See Guidelines §303(e)
If AOWH is not applicable (e.g. if your plan only includes activities 1, 5, or 6), please enter "NIA."
Not Applicable
Page •5 of 7
A lierununr MO 1 EN h_*,rt A
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUND
Activity 6 Outcomes
r :rr hl,rr;er} AS51111Irrri poraccowt'Ifk+`11'r®exixilomslirlj or Ai lurk c,4 hrrl',Actuurr ui, urr`Il 019, but rrul 1101110(111Q. PffYrairlirfll will_ r+iiirsoiJltrJ, rure as tiolattr:rl, %unpaid Jou/ mut ithan'ivnli1ttt1t !M1fVlklist tlrri 11111,7k poutran lu Cm 1 or31J rratWl4 housing. niusrairrig un l cilpPIal t,aarlrr itx nLL`L(prittrr twttora lard 01110410 Ir:y iia1rdb4R, anti Ihc' rook Pr tn1G11ct!, ra3hrmialMon, -trrir! 17roterrtnricoi [!(¢motor rwrarl grad irons aeon. homey
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Amourr1 d_xpeartad an I-L ipid
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Amount Jr.pratrilled on
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Amount Expended Dn Raw
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Amount Expanded on
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Preservation of Parnlrrnetit
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Amount EXperlrI d On
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Amount Ettpetrdert on Other
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y0 00
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Su 00
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biA-Alvrtrttn
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Alpha 131ofertt
McAlister
hturnbot of P4rr$taira i I I4rd
by Rapti) Relroualito
NIA
Number of Pomona *Sainted
by'lirnI I Aaadatanco
Number tit Parsons arialsteit
by aJtlpprSi Ive/Carus
tJlatagemant
Sul l.l.'.ir the! Pt ;IA Ariusiol
lliwv,lnl_ J PI. F IA Arr!ixlrrf
Siatur vprdt et PLHA Amount
Bath.rvatdudrLI•IA Arrrraailt
Total t"J1alntun R1
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aa-elated L}y prof uur:1
MM
Number of Individuate. to
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Total Amount Expended
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Pages ii of 7
kicsNmert No 1 ErblSq A
Total
Ii
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A+ldition:11 ComnCrnta on {hitcc rnf :.:: 1 ActivJty Eiirmilditures, IrttiudIn{t axptttctituies an assistance dir ssrvke!r not listed
perau r" ur
RESOLUTION NO. 2022 195
RESOLUTION OF THE CITY COUNCIL OF CITY OF NATIONAL CITY, CALIFORNIA, FOR
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) YEAR TWO FUNDING TO 1
ESTABLISH YEAR TWO PLHA BUDGET GET PP P I TIONS AND THE CORRESPONDING
REVENUE BUDGET IN THE AMOUNT OF $400,000.06; (2) REALLOCATE $115,989.84 OF
UNUSED FUNDS FROM YEAR ONE PLHA FUNDING; 3 APPROVE A SPENDING PLAN
FOR SAID PLH ► FUNDING IN FISCAL YEAR 2023; AND (4) AUTHORIZE THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE ALPHA PROJECT FOR A NOT -TOR
EXCEED AMOUNT OF $60,000 AND THE MCALISTER INSTITUTE FOR A NOT -TO -EXCEED
AMOUNT OF $440,710.90, FOR HOMELESS OUTREACH, CASE MANAGEMENT,
EMERGENCY -HOUSING, AN D-OTHE USING -SE 1.CESF P EO PLEXPE RIE CIH
HOMELESSNESS AND THOSE ATNRISK OF BECOMING HOMELESS.
WHEREAS, the State of California Department of Housing and Community Development
("1-lCD")is authorized to provide up to $304 million under the SB 2 Permanent Local Housing
Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for
assistance to Cities and Counties as described In Health and Safety Code. section 50470 t seq.
Chapter 3641 Statutes of 2017 ("SB 2"); and
WHEREAS, HOD issued a Notice of Funding Availability ("NOFA") dated May 3, 2021,
under the Perr anent L a1 Hous!JpnJ"FLHA....ng Pr gr ;_ n __ _
WHEREAS, the City of National City ("City") applied for program funds underi he PLHA
formula allocation to administer one or more eligrble activities; and
WHEREAS, S, HCD approved City funding allocations for the PLHAProgram, subject to the
terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement,
and other contracts between the HCD and PLHA grant recipients; and
WHEREAS, on August 1 , 2020, Resolution 2020-164 approved the PLHA Plan, which
proposed that 1 % of its PLHA funds would go towards housing opportunities for those earning
60% or Less of the San Diego County Area Median Income (AMI) through three, types of activities
In order of priority as follows: 1 Emergency Rental Assistance Program that will help families
with low income in the City of National City who experience financial hardship due to an
emergency"; assist new development or rehabilitation housing projects that target Extremely
low-, Very low-, Low -or Moderate Income households Including necessary operating subsidies;
(3) provide for the preservation of affordable housing including the development of ADU's for a
growing workforce; and
WHEREAS, on June 1 , 2021, Resolution 2021-90 approved the. First Amendment for
Year One and Year Two PLHA funding to e used on housing opportunities for those earning
60% or below of the San Diego County Area Median Income MI , including .basic and
emergency services for the homeless, including outrean, case management, homeless
prevention; tion, emergency housing, and rental assistance; and
WHEREAS, Resolution 2021-90 approved Years Three, Four, and Five to assist new
development or rehabilitation housing projects that target Extremely l-, Very low-, Low -or
Moderate Income households including necessary operating subsidies; and (2) provide for the
preservation of affordable housing including the development of.A U's for a growing workforce
at or below 60%AM; and
WHEREAS, EAS, on November ., 2021, per Resolution 2021-162 the City Council reapproved
the First Amendment in the form of a Resolution using a template that was satisfactory to HCDr
legal counsel; and
WHEREAS, HCD has notified the City of its PLHA Year Two funding for which
$400,000O6 will be appropriated to 2022-2023 for housing activities approved in Resolution
2 21- ;and
WHEREAS, City staff has also identified and verified PLHA funds in the amount of
$1151989,84 to supplement further the funding of housing activities approved in Resolution 2021-
90; and
WHEREAS, staff proposes a PLHA SpendIng Plan of the available PLHA funds for City
grant administration, rental assistance, supportive and case management services, and street
outreach to those people a periisn lri andat-risk of homelessness; and
WHEREAS, staff proposes to enter into are agreement with Alpha Project for a not -to -
exceed amount of $60,000.00 for services ir` iudin , but not limited to outreach, case
management, and housing navigation; and
_WHEREAS, _staff_ proposes_to -enter -.i nt an -agrrntwith.. the McAlister Institute -fora-
not-to-exceed a amount of $440,710.84 for servicing including, but not limited to homeless
outreach, case management, housing services, emergency hotel/motel vouchers, and rental
assistance for a term of 6 months. I
WHEREAS, E S, staff proposes $15,279.00 for City PLHA Program Administration; and
WHEREAS, staff proposes that the City Manager will be authorized to execute the
agreements with Alpha Project and McAlister Institute, approve budget adjustments as necessary
to reflect funding the allocation in the approved PLHA Plan, and extend the agreements as
necessary up to one year to complete the scope of work under the agreements.
NOW, THEREFORE, THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
- Section 1 # City Council authorizes Year Two PLHA funds in the amount of $4001000 for
planned activities stated in Resolution 2021-90.
Section 2: City Council 'authorizes reallocating $11598984.00 from Year One PLHA
funding to further supplement funding of housing activities. approved In Resolution 2 21-9 .
Section 3: City Council authorizes entering into an agreerient with the Alpha Project for
a not -to -exceed amount of $601000,00for services including, but not limited to outreach, case
management, and housing navigation, the form of which .shall be subject to review andapproval
by the City Attorney.
Section 4: City Council authorizes entering into an agreement with the McAlister Institute
for a not--to-exceed amount of $440,710.84 for services including, but not limited to homeless
outreach, case management, housing services, emergency hotel/motel vouchers, and rental
assistance for a term of 6 months, the form of which shall be subject to review and approval by
the City Attorney.
Section 5: City Council authorizes the allocation of $15,279.00 for City PLHA Program
Administration; and
Section 6: City Council authorizes the City Manager to execute the agreements, approve
budget_a,djustments_as necessary to -reflect funding the allocation--it-the-- -p r!" ve PLI4 - en,
and extend agreements as necessary up to one year to complete the scope under the
agreements.
Section 7: The City Clerk shall certify the passage and adoption of this Resolution and
enter it into the book of original Resolution.
PASSED and ADOPTED this 6th day of December 20.2
Alejandra otelc oils Mayor
ATTEST:
APPROVED D AS TO FORM:
Barry J.
Interim City L ttorney
Passed and adopted by the City Council of the City of National City, California, on
December 6, 2022 by the following vote, to -wit:
Ayes: Sotelo-Solis, Morrison, Rios, Rodriguez
Nays: None.
Absent: Bush
Abstain: None.
AUTHENTICATEDBY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
B:
Shelley CI7: gel, MMC, Deputy City Clerk