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b. Collaborator shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
S Commercial General Liability insurance; said policy shall be written with limits no less than $ 1,000,000 per occurrence and $ 1,000,000 general aggregate. lEI Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
^ Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
13 Professional Liability insurance; said policy shall be written with limits no less than $ 1,000,000 per claim.
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7. Additional Provisions. Collaborator acknowledges that this Agreement □ is I3 is not subject to the provisions of one or more agreements for funding, attached hereto as Exhibit(s) and made a part hereof as though set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are applicable to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials ! .
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement, including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each Party agrees that any documents or records prepared for or provided to the other under this Section 8 will remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentialitv. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract □ does 3 does not implicate the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which if implicated is attached hereto as Exhibit and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate sub-Agreements with these cities in consultation with TSA and which sub-Agreements will be subject to TSA final written consent.
11. No Third-Partv Beneficiarv. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12. Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business
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associations by which the disclosing Party benefits, directly or indirectly, or has an interest, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law. This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreements, promises, representations, understanding, and negotiations, whether written or oral, including without limitation any previous version of this or any other document, signed or unsigned, including correspondence and emails. Any revisions to this Agreement shall be in writing and executed and dated by authorized representatives of both Parties hereto.
15. Severabilitv. If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Notices. Written notice by either Party to the other shall be effective three business days after mailing by registered mail to:
If to TSA:
The Salvation Army Bell Shelter
Attn: Steve Lytle
5600 Rickenbacker Road, Bldg. 2A/B
Bell,CA 90201
with copy to
The Secretary for Business Administration
The Salvation Army
180 East Ocean Boulevard
Long Beach, California 90802
If to Collaborator:
IN "WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date last below written:
THE SALVATION ARMY
a California corporation
Collaborator
By: By:
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Its: Its: _
Dated:
Attest:
Its:
Dated:
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EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Forty (40) reserved Crisis Housing beds for single adult participants referred by the City of Bell.
Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis if the participant is actively working on a housing plan. The Salvation Army Bell Shelter has the right not to extend the stay of any client beyond any 30-day period or extension if the individual is not actively working on a housing plan. In addition, The Salvation Army Bell Shelter has the right to terminate services for any client according to the shelter's established Termination Policy. We will provide at least three (3) referrals to other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis Housing beds, as such they are low demand and low barrier, which means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as "homeless", have a history of arson, or are registered sex offenders. 2) Supportive services for up to forty (40) participants at any time utilizing the City of Bell reserved Crisis Housing beds include, but are not limited to: intake, comprehensive needs assessment, individualized case management, referrals to health care/mental health services, life skills classes, employment services and referrals, transportation assistance, benefits advocacy, and permanent housing placement assistance.
3) Operational services/supports for up to forty (40) participants at any time include, but are not limited to: three (3) nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, and access to indoor and outdoor recreational facilities and social/holiday events.
EXHIBIT 8
The City of Bell shall provide the following:
1) Referrals of Individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Forty (40) beds will be reserved for participants referred by the City of Bell. No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. The Salvation Army Bell Shelter is not able to provide transportation services to pick up referred participants. 3) Payment at the rate of $60 per bed per night for forty (40) reserved beds, paid monthly in arrears upon the presentation of an invoice.
REIMBURSEMENT AGREEMENT
FOR
SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS R
EIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of March ____, 2022 (“Effective Date ”) by and among the CITY OF BELL, a California charter city (“Bell”), the CITY OF BELL GARDENS , a California general law city (“ Bell Gardens”),the CITY OF COMMERCE , a California general law city (“Commerce”), the CITY OF CUDAHY, a California general law city (“Cudahy”), the CITY OF HUNTINGTON PARK, a California general law city (“Huntington Park”), the CITY OF MAYWOOD , a California general law city (“Maywood”), the CITY OF SOUTH GATE , a California general law city (“South Gate”), and the CITY OF VERNON, a California charter city and municipal corporation (“Vernon”), collectively referred to herein as the “LCA1 Members” and/or the “Parties”.
RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon , are members of a Local Coordinating Alliance 1 (“LCA1”), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for sub regional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.
B. Los Angeles County ( First and Fourth Supervisorial Districts) (“County”) will separately participate with T he Salvation Army for the same services as set forth herein pursuant to separate agreement s directly with the Salvation Army Bell Shelter.
C. A “Shelter Bed” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 9020, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services wi thin such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended provide a safe and supportive twenty- four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The
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number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.
D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and hous ing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.
E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority’s (“LAHSA”) Homeless Management Information System ( “HMIS”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.
F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System (“County CES ”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.
Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members.
G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.
H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.
I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.
The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salva tion Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members’ homeless population, based on certain conditions.
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J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.
K. To this end, the City of Bell and The Salvation Army , a California corporation (“Salvation Army”) have entered into an agreement, dated March ____, 2022, as set forth in Exhibit A (the “Salvation Army Agreement ”), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population.
L. Separately, the City of Bell , as lead agency, appl ied for and received a $500,000 Measure H Innovation Fund Grant (“Measure H Grant”) from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by fifty percent (50%) from $999,324 to $499,324. In return for the Measure H Grant award, the LCA1 M embers agree that if the thirty -six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty -six (36) Shelter Beds, which is eighteen (18) out of the thirty -six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.
M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the “Homeless Liaison ”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.
N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing . If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
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O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each month during the term of this Agreement . If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell) . The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities , in ord er to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (9 0%) occupied during the term of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.
Section 2. Term; Termination.
(a) The term of this Agreement will commence on March 1, 2022 and end on June 30, 2023 (the “Term”) for a total of 487 days.
(b) In addition, t his Agreement may be terminated after June 30, 2022, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.
The City of Bell, as lead agency, may replace any party that terminates this A greement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after June 30, 2022, and a replacement SPA 7 city is not immediately av ailable to take such terminating Party’s share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.
Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly
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amount
due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.
As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.
Total Agreement Cost
The total cost of the Salvation Army Agreement is $999,324 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 487 days.
The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of th is Agreement to $499,324.
Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds at a cost of $117,420. Los Angeles County Fourth Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for two (2) additional Shelter Beds at a cost of $ 58,710, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty-two (42) under this pilot program.
The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8
th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $62,415.50 of the total Agreement of $499,324.
Monthly Invoice
The City of Bell, as lead agency , will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.
Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect
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Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty -six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or t hirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department , etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed avail ability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the forty (40) prioritized Shelter B eds under the Salvati on Army Agreement. The LCA1 Members acknowledge and agree that the thirty -six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvation Army Agreement. E ach day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty -six (36) prioritized Shelter B eds, cooperation and communication between the Parties is essential. Informal a nalysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless
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Liaison after the Effective Date and a secondary sixty (60) day use analysis will be provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.
Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receivin g housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID -19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need . The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36 ) Shelter B eds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM , Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.
After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell S helter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID -19 protocols, after hours intake should only be for emergency situations. An after -hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days . Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) i f an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If
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a par
ticipant is not vaccinated, they must remain in quarantine until two negative COVID- 19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure a llocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: t he Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
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Section 6. Defaults and Indemnification Provisions.
(a) Defau lts. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties , and their respective officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties . To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respectiv e officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds , the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.
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Section 6. Miscellaneous Provisions.
(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other P arties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. (c) Integration; Amendments . This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement) . It is understood that there are no oral agreements between the Parties hereto af fecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement ), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i ) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this A greement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0001/536707.2 -11-
IN W
ITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
____________________________________
Name:
Title:
Addr
ess: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:
_________________________________
An
gela Bustamante, City Clerk
APPROVE
D AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney
01135.0001/536707.2
CITY:
CITY OF BELL GARDENS,
a California general law city
By: __________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF COMMERCE,
a California general law city
By: __________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF CUDAHY,
a California general law city
By: ____________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
01135.0001/536707.2
_________________________________
CITY:
CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name:
Title:
Address: _______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF SOUTH GATE,
a California general law city
By: _____________________________
Name:
Title:
01135.0001/536707.2
Address: _________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF VERNON,
a California charter city
By: ____________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
Last updated 04/11/2014; v.1.00
AGREEMENT
THIS AGREEMENT (“Agreement”) is made by and between (1) The Salvation Army, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 (“TSA”), acting through its Bell Shelter; and (2) The City of Bell, a California Municipal Corporation (“Collaborator”). (Collectively, TSA and Contractor shall be referred to as “the Parties,” and either individually shall be a “Party.”)
WHEREAS TSA and Collaborator have identified substantially similar goals to serv e the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: Individual
Sole proprietorship
Corporation, nonprofit for profit
organized under the laws of the State of
Partnership
organized under the laws of the State of
Government Agency
Employer Identification Number: .
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties’ individual operations. TSA shall provide the services described in Exhibit "A", and Collaborator shall provide the services described in Exhibit "B", both attached hereto and made a part
hereof as though set forth in full.
2. No
Partnership, No Joint Venture, No Employment. Each Party represents that it does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party.
Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party (“Furnishing Party”), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party’s exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers’ compensation, federal or state tax– withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers’ compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees.
EXHIBIT A
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c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other , that the Parties’ status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3) neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from March 1, 2022 to June 30, 2023. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days’ written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Payment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $57 per bed night for 36 beds during the Term, which covers a total of 487 days. The maximum compensation payable under this agreement shall be $999,324 . TSA will
submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the “Indemnifying Party”) shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the “Indemnified Party”) from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
Commercial General Liability insurance; said policy shall be writt en wi th limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
Business/Commercial Automobile Liability i nsurance; said policy shall be written with a combined single limit no less than $1,000,000.
Worker’s Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
Professional Liability insurance; said policy sha ll be written with limits no less than $1,000,000 per claim.
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Initials ____________/____________.
b. Collaborator is and shall remain a member of a joint powers insurance authority throughout the term of this Agreement as required by law and within minimum limits described more particularly below:
Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
Business/Commercial Automobile Li ability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
Worker’s Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
7. Additional Provisions. Collaborator acknowledges that this Agreement of one or more agreements for funding, attached hereto as Exhibit(s) Initials ____________/____________.
is is not subject to the provisions
and made a part hereof as though
set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are applicable to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials ____________/____________.
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement,
including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each
Party agrees that any documents or records prepared
for or provided to the other under this Section 8 will
remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentiality. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract do es does not implicate the provisions of
confidentiality laws or regulations requiring a specific kind of contract governing information sharing between
the Parties, which if implicated is attached hereto as Exhibit "C" and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate a sub-Agreement with these cities in consultation with TSA and which sub-Agreement will be subject to TSA final written consent.
11. No Third-Party Beneficiary. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12 . Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business
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associations by which the disclosing Party benefits, directly or indirectly, or has an intere st, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law . This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreement s, promise s, representations, understanding , and negotiations, whether written or oral, including without limitation any previous version of this or any other document, signed or unsigned, including correspondence and emails. Any revisions to this Agreement shall be in writing and executed and dated by authorized representatives of both Parties hereto.
15. Severability. If any provision herein shall be held to be invalid or unenforceable for any reason, the remain ing provisions shall continue to be valid and enforceable. If a court finds that any provisi on of this Agreement is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Notices. Written notice by either Party to t he other shall be effective three business days after mailing by registered mail to:
If to TSA:
The Salvation Army Bell Shelter
Attn: Steve Lytle
5600 Rickenbacker Road, Bldg. 2A/B
Bell, CA 90201
with copy to
The Secretary for Business Administration
The Salvation
Army
180 East Ocean Boulevard
Long Beach, California 90802
If to Collaborator:
City of Bell
Attn: City Manager's Office
6330 Pine Avenue
City
of Bell, California 90202
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date last below written:
THE SALVATION ARMY
a California corporation
By: _______________________
The City of Bell, a California
Municipal Corporation, Collaborator
By: ______________________
Last updated 04/11/2014; v.1.00
Its: _______________________ Its: _______________________ Dated:_________________
Attest: _______________________
Its: _______________________
Dated:_________________
EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Thirty six (36) Reserved Crisis/Bridge Housing Beds for single adult (age 18+) participants referred by the City of Bell. (An additional 6 beds will be contracted directly with Los Angeles County Supervisorial Districts 1 and 4 under separate agreements.) Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis provided the participant is actively working on a housing plan with his/her case manager. The Salvation Army Bell Shelter has the right not to extend the stay of any participants beyond any 30-day period or extension if the individual is not actively working with his/her case manager on a housing plan.
In addition, The Salvation Army Bell Shelter has the right to terminate services for any participant according to the shelter’s established Termination Policy. We will provide at least three (3) referrals to
other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis or Bridge Housing beds; as such they are operated with a low barrier/low demand, trauma-informed program design. This means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. Some beds will be available in a sober living environment in a separate building for participants who choose a sober living environment. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as “homeless”, have a history of arson, or are registered sex offenders. 2) Comprehensive Supportive Services for up to thirty-six (36) participants at any time utilizing the City of Bell reserved Crisis/Bridge Housing beds include, but are not limited to:
- intake processing – including working collaboratively with the Homelessness Coordinator - outreach coordination with representatives of the City of Bell (Homelessness Coordinator, law enforcement, Community Services, etc.)
- program orientation
- comprehensive needs assessment – psychosocial assessment focusing on identification of strengths and areas of growth, which is used as a basis to inform the development of an individualized case plan
- individualized case management with development of an Individualized Service Plan including a Housing Plan
- referrals to health care/mental health services – currently, health care, including COVID-19 vaccination and testing, primary care and referrals, TB testing, etc. is provided on-site by JWCH Institute
- substance abuse supports – including referrals to outpatient treatment programs, AA/NA/CA groups, and referrals to on-site residential treatment program - life skills classes – including household budgeting, anger management, coping skills, landlord/tenant issues, conflict resolution
- employment supports and job referrals
- transportation assistance – including, when staffing allows, pick-up of individuals for intake who are referred by the City of Bell or its subcontractors; as well as van transportation, bus passes, and taxi vouchers, according to participant needs and availability - benefits advocacy – including SSI/SSDI, food stamps, Medi-Cal, housing vouchers, etc. - documentation preparation assistance – including helping participants obtain ID/driver’s license, birth certificates, verification of income and/or homelessness
- permanent housing placement assistance – including assistance with identifying housing opportunities, assisting clients identify voucher and other housing assistance programs, and assisting with landlord negotiations.
3) Operational Services/Supports for up to thirty-six (36) participants at any time include, but are not limited to, three (3) hot, nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, access to indoor and outdoor recreational facilities, and social/holiday events.
4) COVID-19 – Public Health Protocols and Collaboration – The Salvation Army Bell Shelter will continue to work closely in collaboration with the Los Angeles County Department of Public Health DPH) to mitigate potential spread of infection/disease related to the ongoing COVID-19 global pandemic. Proactive measures have and will be taken to operate programs and facilities according to DPH, CDC, and California Department of Public Health guidelines and directives, including following Public Health Orders that may be issued by State and Local officials from time to time. These efforts will be geared toward protecting the health and well-being of all participants and staff and the continued smooth/safe operation of the program and facility, while minimizing disruptions to service delivery and intake process for new participants. 5) Measurable Outcomes – The Salvation Army Bell Shelter will strive to inspire success for all participants. The measurable outcomes for this grant are as follows:
(a) 100 unduplicated individuals will be served each year during the term. (b) 20% of participants (of those able to work – e.g. not disabled or retired) will be employed by exit date.
(c) 30% of participants will exit to permanent housing. (d) 85% of participants will complete a Housing Plan.
(e) 10% of participants will exit to another level of care (DMH IHP, other stable temporary housing location). *(Note: we will redirect any Veterans who are referred to this program to our existing VA beds, so they would not enter the project and would not be counted in this measure. We can’t do the same for DMH, because the participant needs to be screened and enrolled by DMH before they can transfer to the DMH Interim Housing Program at Bell Shelter or another facility.)
EXHIBIT B
The City of Bell shall provide the following:
1) Referrals of individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Thirty-six (36) beds will be reserved for participants referred by the City of Bell, with an additional six (6) beds contracted separately with Los Angeles County – First and Fourth Supervisorial Districts.
No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. Based upon staff availability at any given time, The Salvation Army Bell Shelter, will make every attempt to provide pick-ups or other transportation support for participants referred by the City of Bell. 3) Payment at the rate of $57 per bed per night for thirty-six (36) reserved beds, paid monthly in arrears upon the presentation of an invoice.
EXHIBIT C
Confidentiality
As stipulated in the Agreement between the Parties, the Parties agree to treat all information related to participants served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the participant.
The nature of the services provided under this contract implicates the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which are described herein.
The Parties agree individually to develop and implement written procedures to ensure:
1. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual who applies for and/or receives assistance will be kept secure and confidential.
2. The name, personal information, or location of any program participant will not be disclosed without written consent of the participant.
3. A standardized Release of Information form will be used to document participant consent for the release of confidential information. See copy attached, which by reference is made a part hereto of the Agreement.
The Salvation Army Bell Shelter
RELEASE OF INFORMATION CONSENT FORM
Name: DOB: SSN:
I am hereby authorizing the release of the information listed below to the agencies named. I further express my knowledge that this release is in effect while I am in the shelter program and for a period of one (1) year after my discharge from the program. I understand that I may cancel the permission for release in writing at any time. I know that any release of information beyond that listed below must be accompanied by a specified signed release, and that any information will be accompanied by a cover sheet with the following statement:
CONFIDENTIALITY
This information has been disclosed to you from records whose confidentiality is protected by Federal Law. Federal regulations (42CFR part 2) prohibit you from making any disclosures of it without specific written consent of the person to whom it pertains, or as otherwise permitted by such regulations. A general authorization for release of medical or other information is NOT sufficient for this purpose.
INFORMATION THAT MAY BE RELEASED:
Name, Date of Birth, Social Security Number, Admission Date, Current Status, Financial, Medical Information.
AGENCIES INFORMATION MAY BE RELEASED TO: YES NO INITIALS DPSS, SDI, SSDI (welfare):
Health Care Provider, Paramedics, County Hospital:
Social Security Administration:
Veteran’s Administration:
DCFS Worker: (specify)
Parole and/or Probation Officer: (specify)
Mental Health Provider: (specify)
City of Bell:
Other (specify):
Client Signature Date
_______________________________________ ______________________________ Staff Signature Date
Narrative Timeline
1/5/21 The City of Bell, in partnership with the cities of Maywood, Cudahy, and Commerce, hires a shared Homeless Services Liaison with a $123,770 Measure H grant provided by the Gateway Cities Council of Governments. This partnership initiates a cooperative multi-city response to homelessness in the four-city Southeast Los Angeles area.
6/23/21 Salvation Army Bell Shelter notifies City of Bell staff that forty (40) shelter beds may become available due to an expiring contract. The City of Bell had previously asked the Salvation Army in April of 2020 to notify the City of Bell if any shelter beds became available due to expiring contracts at the Bell shelter.
6/29/21 City of Bell staff expresses interest to the Salvation Army in contracting for shelter beds, if a larger subregional group of cities agrees to coordinate homeless services and join in sharing of costs for the shelter bed agreement.
7/20/21 Salvation Army provides City of Bell with a draft agreement version #1 for shelter beds for the City Council to review.
7/28/21 Bell City Council provides approval for staff to initiate subregional negotiations on homeless shelter beds with surrounding cities.
7/29/21 City of Bell requests assistance from the Gateway Cities Council of Governments Homeless Program Manager to determine interest from the LCA1 subregion cities (Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon) in a coordinated cost sharing agreement for forty (40) homeless shelter beds in the Salvation Army Bell Shelter.
8/3/21 Gateway COG Homelessness TAC meeting
8/4/21 LCA1 cities meeting organized by Gateway COG
8/5/21 Bell and Gateway COG Homelessness Program Manager meeting
8/6/21 Bell, Salvation Army meeting
8/9/21 Bell, Salvation Army, Gateway COG meeting
8/9/21 Distribution of draft Bell, Salvation Army shelter bed agreement version #1 to LCA1 cities for comments
8/10/21 Gateway COG Homelessness TAC working group meeting
8/12/21 Bell, Salvation Army meeting
8/14/21 D raft agreement version #2 for shelter beds developed, as LCA1 cities determine metrics and review cost sharing options
8/17/21 Gateway COG Homelessness TAC working group meeting
8/18/21 LCA1 cities meeting
8/25/21 LCA 1 cities meeting organized by Gateway COG
9/1/21 Bell, Vernon meeting
9/1/21 Bell contacts LA County Supervisorial District 1 (Solis) to determine interest in developing shelter bed agreement
9/3/21 Bell, Salvation Army meeting
9/10/21 Bell, LA County Supervisorial District 1 meeting to discuss inclusion of the unincorporated communities of East Los Angeles and Walnut Park.
9/10/21 Distribution of draft cost reimbursement agreement version #2 to LCA1 cities and LA County Supervisorial District 1 for comments
9/13/21 City of Bell submits grant application to Gateway COG for Measure H Innovation grant funds for LCA1 cities and LA County Supervisorial District 1 shared use of shelter beds and shared Homeless Liaison
9/13/21 Bell, Gateway COG meeting
9/15/21 Second request by Bell for comments on the draft reimbursement agreement version #1 to LCA1 cities
9/15/21 Bell, South Gate meeting
9/15/21 Bell, Vernon meeting
9/16/21 Bell, LA County Supervisorial District 1 meeting
9/17/21 Bell, LA County CEO’s Office, LA County Supervisorial District 1, LA County Homelessness Initiative, Gateway COG meeting
9/22/21 Bell, LA County Supervisorial District 1 meeting
9/22/21 Gateway COG Homelessness TAC
9/22/21 Submittal of LCA1 comments to draft reimbursement agreement version #2 provided to Bell City Attorney and Salvation Army.
9/22/21 Gateway COG Homelessness TAC recommends funding of $500,000 in Measure H grant funds for City of Bell and LCA1 coordinating cities for shared use shelter beds; and $182,435 in grant funding for a renewal of the shared Homeless Liaison position for the cities of Bell, Maywood, Cudahy and Commerce.
10/1/21 Bell, Salvation Army meeting
10/4/21 Distribution of version #3 of draft reimbursement agreement to LCA1 cities for comments.
10/6/21 Gateway Cities Council of Governments Board of Directors approves the “Road Map Toward Ending Homelessness” which promotes a subregional approach to providing homeless solutions in the Gateway Cities
10/6/21 Gateway Cities Council of Governments Board of Directors approves the Gateway Cities COG Work Plan for LA County Homelessness Measure H Funds.
10/25/21 Request for comments from LCA1 cities on draft reimbursement agreement version #3.
10/26/21 Bell, Cudahy meeting
10/28/21 Meeting of LCA1 cities, Gateway COG, and LA County Supervisorial District 1 to discuss final draft reimbursement agreement – rescheduled to 11/4/21 due to Contract Cities Conference.
10/29/21 Bell, Maywood meeting
11/2/21 Bell, LA County Supervisorial District 1 meeting
11/3/21 Bell, Maywood, LA County CEO’s Office, LA County Homelessness Initiative, Gateway COG, LA County Supervisorial District 1 meeting
11/4/21 Bell, Maywood, Salvation Army, Gateway COG, LA County CEO’s Office, LA County Homelessness Initiative, LA County Supervisorial District 1 meeting
11/4/21 LCA 1 cities reach consensus on final draft cost sharing agreement. Issues arise with LA County Supervisorial District 1 participation in cost sharing agreement.
11/5/21 Bell, Salvation Army meeting
11/9/21 Bell, Huntington Park meeting
11/24/21 Updated final draft agreement sent to Huntington Park as requested for additional review.
11/15/21 Bell, Gateway COG, LA County CEO’s Office, LA County Homelessness Initiative, LA County Supervisorial District 1 meeting. Consensus reached on LA County Supervisorial District 1 participation through a separate social program agreement with the Salvation Army to simplify funding, and inclusion of additional program metrics in the final agreement. Final draft reimbursement agreement to be amended when LA County Supervisorial District 1 social program draft agreement is received, and draft Measure H grant funding contract is received from Gateway COG.
12/1/21 Final agreement edits sent to LA County Supervisorial District 1 and LCA1 cities with increased metrics and recalculated costs based on requests from LA County CEO’s office and LA County Homeless Initiative.
12/2/21 Bell, Vernon meeting
12/3/21 Bell, Salvation Army meeting
12/15/21 New Los Angeles County Supervisorial District Boundaries are adopted. The unincorporated community of East Los Angeles remains in District 1 (Solis), the unincorporated community of Walnut Park is moved to District 4 (Hahn).
12/16/21 Salvation Army provides updated agreement between the City of Bell and Salvation Army for review, based on the edits to the final cost sharing agreement and the changes to the LA County Supervisorial District 1 Social Program Agreement.
12/21/21 LA County Supervisorial District 1 submits request for Social Program Agreement to LA County CEO’s Office.
1/7/22 LA County Homeless Initiative informs Gateway COG that Measure H Innovation funding is available for early deliverables and payment for approved project reimbursement in January 2022, despite the delay in providing agreements for the funding.
1/14/22 Salvation Army receives draft Social Program Agreement HP-01-001 for review from County of Los Angeles Executive Office for LA County Supervisorial District 1 participation in the Bell Crisis Housing program for the unincorporated East Los
Angeles community. Salvation Army requests minor edits to the special program agreement.
1/18/22 Salvation Army forwards LA County draft Social Program Agreement to the City of Bell for review.
1/18/22 Bell, Salvation Army meeting
1/19/22 Bell, Gateway COG meeting
1/19/22 Bell, Maywood meeting
1/21/22 Bell, Salvation Army meeting
1/25/22 Bell, Maywood, LA County Supervisorial District 4, Salvation Army meeting to discuss the effect of new supervisorial district boundaries on the final cost sharing agreement. LA County Supervisorial District 4 expresses interest in joining unincorporated Walnut Park to the LCA1 cities and District 1 with a future amendment to final agreement. LA County Supervisorial District 4 staff concurs that the agreement should move forward to final execution with the existing parties at this point.
2/7/22 LA County Supervisorial District 4 (Hahn) notifies Salvation Army of interest to participate through a separate social program agreement for two (2) shelter beds for the unincorporated community of Walnut Park.
2/9/22 Presentation to the Bell City Council
2/23/22 (Projected) Agreements submitted to the Bell City Council and LCA1 cities for approval.
3/1/22 (Projected) Initiation of LCA1 cities & unincorporated East Los Angeles and Walnut Park subregional shelter bed program, if Los Angeles County Department of Public Health has approved the intake of program participants at the Salvation Army Bell Shelter based on COVID-19 protocols.
AGREEMENT
THIS AGREEMENT ("Agreement") is made by and between (1) The Salvation Anny, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 ("TSA"), acting through its Bell Shelter; and (2) The City of Bell, a California Municipal Corporation ("Collaborator"). (Collectively, TSA and Contractor shall be referred to as "the Parties," and either individually shall be a "Party.")
WHEREAS TSA and Collaborator have identified substantially similar goals to serve the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: D Individual
D Sole proprietorship
D Corporation, D nonprofit D for profit
organized under the laws of the State of
D Partnership
organized under the laws of the State of
181 Government Agency
Employer Identification Number:
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties' individual operations. TSA shall provide the services described in Exhibit A, and Collaborator shall provide the services described in Exhibit B, both attached hereto and made a part hereof as though set forth in full.
2. No Partnership, No Joint Venture, No Employment. Each Party represents that does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party. Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party ("Furnishing Party"), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party's exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers' compensation, federal or state tax withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers' compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees. c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other, that the Parties' status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3)
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neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from July 5, 2022 to June 30, 2023. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days' written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Payment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $57 per bed night for 36 beds during the Term, which covers a total of 361 days. The maximum compensation payable under this agreement shall be $740,772. TSA will submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the "Indemnifying Party") shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the "Indemnified Party") from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys' fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
181 Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate. 181 Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
181 Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
(81 Professional Liability insurance; said policy shall be written with limits no less than $1,000,000 per claim.
Initials ____ ...__ __ , ____ _
11}�
b.Collaborator is and shall remain a member of a joint powers insurance authority throughout the term of this Agreement and shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
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(81 Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
181 Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
181 Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
.
.
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1. Additional Provisions. Collaborator acknowledges that this Agreement D is [81 is not subject to the provisions of one or more agreements for funding, attached hereto as Exhibit(s) and made a part hereof as though set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are app!cabk_ to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials _..,tt::'.:'-----''-----'/ 1SA
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement, including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each Party agrees that any documents or records prepared for or provided to the other under this Section 8 will remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentiality. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract 181 does D does not implicate the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which if implicated is attached hereto as Exhibit C and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate sub-Agreements with these cities in consultation with TSA and which sub-Agreements will be subject to TSA final written consent.
11. No Third-Party Beneficiary. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12. Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business associations by which the disclosing Party benefits, directly or indirectly, or has an interest, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law. This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreements, promises, representations, understanding, and negotiations, whether written or oral, including without limitation any previous version of this or any other
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EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Thirty six (36) Reserved Crisis/Bridge Housing Beds for single adult (age 18+) participants referred by the City of Bell. (An additional 6 beds will be contracted directly with Los Angeles County Supervisorial Districts 1 and 4 under separate agreements.) Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis provided the participant is actively working on a housing plan with his/her case manager. The Salvation Army Bell Shelter has the right not to extend the stay of any participants beyond any 30-day period or extension if the individual is not actively working with his/her case manager on a housing plan.
In addition, The Salvation Army Bell Shelter has the right to terminate services for any participant according to the shelter’s established Termination Policy.
We will provide at least
three (3) referrals to other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis or Bridge Housing beds; as such they are operated with a low barrier/low demand, trauma-informed program design. This means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. Some beds will be available in a sober living environment in a separate building for participants who choose a sober living environment. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as “homeless”, have a history of arson, or are registered sex offenders. 2) Comprehensive Supportive Services for up to thirty-six (36) participants at any time utilizing the City of Bell reserved Crisis/Bridge Housing beds include, but are not limited to:
- intake processing – including working collaboratively with the Homelessness Coordinator - outreach coordination with representatives of the City of Bell (Homelessness Coordinator, law enforcement, Community Services, etc.)
- program orientation
- comprehensive needs assessment – psychosocial assessment focusing on identification of strengths and areas of growth, which is used as a basis to inform the development of an individualized case plan
- individualized case management with development of an Individualized Service Plan including a Housing Plan
- referrals to health care/mental health services – currently, health care, including COVID-19 vaccination and testing, primary care and referrals, TB testing, etc. is provided on-site by JWCH Institute
- substance abuse supports – including referrals to outpatient treatment programs, AA/NA/CA groups, and referrals to on-site residential treatment program - life skills classes – including household budgeting, anger management, coping skills, landlord/tenant issues, conflict resolution
- employment supports and job referrals
- transportation assistance – including, when staffing allows, pick-up of individuals for intake who are referred by the City of Bell or its subcontractors; as well as van transportation, bus passes, and taxi vouchers, according to participant needs and availability - benefits advocacy – including SSI/SSDI, food stamps, Medi-Cal, housing vouchers, etc. - documentation preparation assistance – including helping participants obtain ID/driver’s license, birth certificates, verification of income and/or homelessness
- permanent housing placement assistance – including assistance with identifying housing opportunities, assisting clients identify voucher and other housing assistance programs, and assisting with landlord negotiations.
3) Operational Services/Supports for up to thirty-six (36) participants at any time include, but are not limited to, three (3) hot, nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, access to indoor and outdoor recreational facilities, and social/holiday events.
4) COVID-19 – Public Health Protocols and Collaboration – The Salvation Army Bell Shelter will continue to work closely in collaboration with the Los Angeles County Department of Public Health DPH) to mitigate potential spread of infection/disease related to the ongoing COVID-19 global pandemic. Proactive measures have and will be taken to operate programs and facilities according to DPH, CDC, and California Department of Public Health guidelines and directives, including following Public Health Orders that may be issued by State and Local officials from time to time. These efforts will be geared toward protecting the health and well-being of all participants and staff and the continued smooth/safe operation of the program and facility, while minimizing disruptions to service delivery and intake process for new participants. 5) Measurable Outcomes – The Salvation Army Bell Shelter will strive to inspire success for all participants. The measurable outcomes for this grant are as follows:
(a) 100 unduplicated individuals will be served each year during the term. (b) 20% of participants (of those able to work – e.g. not disabled or retired) will be employed by exit date.
(c) 30% of participants will exit to permanent housing. (d) 85% of participants will complete a Housing Plan.
(e) 10% of participants will exit to another level of care (DMH IHP, other stable temporary housing location). *(Note: we will redirect any Veterans who are referred to this program to our existing VA beds, so they would not enter the project and would not be counted in this measure. We can’t do the same for DMH, because the participant needs to be screened and enrolled by DMH before they can transfer to the DMH Interim Housing Program at Bell Shelter or another facility.)
EXHIBIT B
The City of Bell shall provide the following:
1) Referrals of individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Thirty-six (36) beds will be reserved for participants referred by the City of Bell, with an additional six (6) beds contracted separately with Los Angeles County – First and Fourth Supervisorial Districts.
No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. Based upon staff availability at any given time, The Salvation Army Bell Shelter, will make every attempt to provide pick-ups or other transportation support for participants referred by the City of Bell. 3) Payment at the rate of $57 per bed per night for thirty-six (36) reserved beds, paid monthly in arrears upon the presentation of an invoice.
EXHIBIT C
CONFIDENTIALITY & NONDISCLOSURE AGREEMENT
This Agreement is made by and between The Salvation Army, a California corporation, (Company) and The City of Bell, a California Municipal Corporation (Vendor) (singularly a "party," collectively the "parties").
WHEREAS, Vendor may wish to engage Company's services under a separate contract (the Contract); and WHEREAS, in order for Company and Vendor to determine whether they wish to enter into the Contract, Company and/or Vendor may have access to information that the other party considers confidential, valuable, and/or proprietary, as well as information that may be subject to federal, state, and contract restrictions, or any combination thereof;
NOW, THEREFORE, in consideration of the above premises and commitments contained herein, it is hereby agreed that:
l. Confidentiality and Nondisclosure. Company and Vendor will each hold in confidence any and all Confidential information of the other party and not disclose to any other person, including its own employees, agents, and volunteers (subject to the exception provided in 3 below) or any third party, without written permission of the of the other party. Confidential Information shall mean all information, including without limitation that which is verbal, written, or in other physical or electronic form and is:
A. Technical and nontechnical information including patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and includes, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, business forecasts, sales and merchandising, and marketing plans and information; or B. Information related that would identify a client of any one of Company's programs as an alcohol or drug abuser either directly, by reference to other publicly available information, or through verification of such an identification by another person; or
C. Information related to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual; or D. Information related to the services contemplated as being provided under the Contract, including but not limited to compensation; or
E. Disclosed verbally or in writing as "Confidential."
2. Federally Restricted Information. Check all that apply:
� Company expects that Vendor will have access to information described under Section 1(8), and accordingly, Company and Vendor have executed a Qualified Service Organization Agreement and attached it as Exhibit AA, the contents of which are incorporated by reference as though set forth in full here.
IZ! Company eltpects that Vendor will have access to information described under Section l(C), and accordingly, Company and Vendor have executed a Business Associate Agreement and attached it as Exhibit BB, the contents of which are incorporated by reference as though set forth in full here.
Exhibit AA
Qualified Service Organization Agreement
This Qualified Service Organization Agreement (QSOA) is made by and between The Salvation Army, a California corporation, (Company) and the City of Bell, a California Municipal Corporation (Vendor).
WHEREAS, Vendor has engaged or intends to engage Company's services under a separate contract (the Contract); and
WHEREAS, Company has reason to believe that in the course of Vendor's work under the Contract, Vendor may have access to information related that would identify a client ofany one of Company's programs as an alcohol or drug abuser either directly, by reference to other publicly available information, or through verification of such an identification by another person;
WHEREAS, such information may be covered by the restrictions in Title 42, Chapter I, Subchapter A, Part 2, of the Code of Federal Regulations (Covered Information).
NOW, THEREFORE, in consideration of the above premises and commitments contained herein, it is hereby agreed that:
I.Vendor hereby acknowledges that in the course of providing professional services under the Contract, if it receives, stores, processes, or otherwise deals with any Covered Information, Vendor is fully bound by the restrictions set forth in 42 CFR §§ 2.1 -2.67. Company can provide a copy of these regulations on request.
2. Vendor agrees that, if necessary, Vendor will resist in judicial proceedings any efforts to obtain access to Covered Information except as permitted by the regulations described above.
3. Vendor's obligation in this Exhibit A shall continue to the extent required by the regulations described above.
4. This QSOA may be executed in any number of counterparts, each of which shall be deemed an original.
Facsimile copies of the same shall be treated as originals.
IN WITNESS WHEREOF, the parties have executed this Qualified Service Organization Agreement as of the date and year last below written.
City of Bell
Vendor
By:
Its:
Date:
The Salvation Army, a California corporation -
By:
Its:
Attest:
Its:
Date:
Exhibit BB
Business Associate Agreement
This Business Associate Agreement (BAA) is made by and between The Salvation Army, a California corporation, (Company or Covered Entity) and the City of Bell, a California Municipal Corporation (Vendor or Business Associate).
WHEREAS, Vendor has engaged or intends to engage Company's services under a separate contract (the Contract);
and
WHEREAS, Company has reason to believe that in the course of Vendor's work under the Contract, Vendor may have access to information related to the past, present, or future physical or mental health or conditioi, of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual; and WHEREAS, Company and Vendor wish to meet their respective obligations, to the extent applicable, under the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), as amended, and more specifically under the Standards for Privacy oflndividually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E (the Privacy Rule).
NOW, THEREFORE, in consideration of the above premises and commitments contained herein, Covered Entity and Business Associate agree as follows:
l. Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule.
a. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy oflndividually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. A reference in this BAA to a section in the Privacy Rule means the section as in effect or as amended b. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § l 64.502(g).
c. Protected Health Information. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. d. Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.103.
e. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee.
2. Obligations and Activities of Business Associate.
a. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the BAA or as Required By Law. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of Protected Health Information and agrees to report to Covered Entity, within twenty-four (24) hours, any use or disclosure of Protected Health Information not permitted or required by this BAA of which it becomes aware. b. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement.
AGENDA ITEM 3
City of Bell
Agenda Report
DATE: July 28, 2021
TO: Mayor and Members of the City Council
FROM: Paul Philips, City Manager
Alex Gonzalez, Special Assistant, City Manager's Office
APPROVED
BY:
juhPhillips, City Manage Paul^Phillips, City Manner
SUBJECT: Crisis Housing Agreement with The Salvation Army RECOMMENDATION:
It is recommended that the City Council:
1) Approve in form the Crisis Housing Agreement with The Salvation Army; and 2) Approve entering into negotiations for Subcontracting Agreements with surrounding cities to share the costs of the Crisis Housing beds.
The attached agreement is not the final agreement, it is a standard agreement provided by the Salvation Army that is included to initiate discussion and receive City Council guidance and support. The following issues are expected to be addressed in the final agreement. Cost sharing sub agreements with collaborating agencies to reduce the direct cost burden to the City of Bell as lead agency, clarification that City of Bell as lead and other collaborating agencies do not share in the operational responsibilities of crisis housing beds, indemnity provisions, and confidentiality provisions in relation to compliance with the California Public Records Act. The final number of beds contracted by the City of Bell as lead agency is subject to change, based on the number of collaborating agencies that agree to sign sub agreements and the availability of funding. The number of daily crisis shelter beds that are needed by the City of Bell to directly support homeless outreach services is dynamic and ranges from ten beds on the high end to three beds at the low end. As it is difficult for homeless outreach staff and coordinating police staff to convince unhoused individuals to accept temporary housing and support, it is critical that a flexible shared inventory of crisis shelter beds be available to collaborating agencies that is outside of the coordinated care system inventory to directly and immediately address the unpredictable demands of homeless outreach staff and public safety staff. These crisis housing beds are not intended to serve as unused inventory to comply with or guard against the possibility of federal court injunctions. This inventory is intended to be used to directly and immediately address homelessness in collaborating agencies as a supplement to the coordinated care system, as the coordinated care system does not always provide an available bed in the moment when an unhoused individual agrees to seek assistance.
BACKGROUND:
The City of Bell is a participant in the regional Coordinated Care system that provides crisis housing beds for all of Los Angeles County under the coordination of Los Angeles Homeless Services Authority (LAHSA). For unhoused individuals within the Bell City limits to receive crisis housing and the attendant services that accompany crisis housing such as: drug and alcohol counseling, health care and mental health services, employment services, benefits advocacy and permanent housing placement, the City's homeless liaison must request assistance from LAHSA and be assigned an open shelter bed from the coordinated care system. Without an available bed in the coordinated care system, unhoused individuals in the City of Bell are not able to receive shelter, experience significant barriers to receiving services, and remain unhoused. The countywide coordinated care system faces a demand level for crisis shelter beds that is not met with the existing countywide inventory, as most cities do not provide shelter beds within their city limits.
The Salvation Army Bell Shelter is located within the city limits of the City of Bell and the shelter receives unhoused residents from the regional coordinated care system throughout Los Angeles County. The Bell Shelter is one of the largest shelters in the nation, and the shelter provides a significant portion of the region's crisis housing beds. The greater Salvation Army Bell Shelter complex provides a variety of supportive services and housing options; crisis housing beds are only one segment of the critical regional resources that the Salvation Army provides in the City of Bell. The crisis housing beds at the Bell Shelter are assigned through contracts with regional agencies such as LAHSA and contracts with other cities. Existing contracts provide the operations revenue for the Bell Shelter, and without these contracts the shelter would not be able to operate.
The City of Bell does not currently have a contract for crisis housing beds at the Bell Shelter.
Therefore, the City's only resource to serve unhoused individuals is the overburdened coordinated care system, which limits the City's ability to directly address local homelessness issues.
DISCUSSION:
The City of Bell and the cities surrounding the Bell Shelter face a disproportionate homelessness impact. Unhoused individuals that are transported to the Bell Shelter from the greater region and do not successfully take advantage of the services provided at the Bell Shelter or refuse to conform to the rules of the Bell Shelter increase the unhoused population in the surrounding communities and in the adjacent Los Angeles River channel. The Gateway Cities Council of Governments provided Measure H innovation funding in 2020-2021 for the City of Bell to be the lead agency in hiring a Homeless Liaison for the cities of Bell, Commerce, Cudahy, and Maywood to cooperatively address the disparate homelessness impact in the area. The work of the homelessness liaison has been critical in addressing issues within the surrounding communities, but without a secure inventory of crisis housing beds the challenges in the area are difficult to address. As a recognition of the unique impacts of homelessness in the local area around the Bell Shelter, the attached agreement would provide a secure source of crisis housing beds that the surrounding communities can access in addition to the coordinated care system. If the City Council approves this agreement in form. City staff will initiate negotiations with the cities of Commerce, Cudahy, and Maywood to sign cost sharing agreements for these crisis housing beds.
Based on the negotiations, other surrounding communities may also be invited to share the costs of this crisis housing beds agreement and the homeless liaison that is funded through December of 2021 to coordinate for the group of local cities that choose to participate. As the issue of homelessness is difficult to address and the existing shelter bed inventory is limited, it is expected that additional cities may choose to join the existing four city cooperative to improve local response as a supplement to the coordinated care system if this agreement is approved.
FISCAL IMPACT:
This agreement is not budgeted. It is critical that this agreement be approved in form before negotiations for cost sharing commence with surrounding cities so that the beds are not offered to another regional agency or city. There is a high demand for these beds, and any delay in responding to this opportunity will result in the loss of these beds to another agency or city. The total cost of the agreement to the City of Bell will be determined in the future by the cost sharing sub-agreements that are signed with surrounding communities. The final crisis housing agreement and cost sharing sub-agreements will be provided at a future City Council meeting after negotiations are completed and participating communities determine their crisis shelter bed needs. Funds are available in the next three years for these crises shelter beds through Bell Community Housing Authority funds and upcoming local homelessness funds from the California Comeback Plan that Governor Newsom signed on July 19, 2021. Long term funds for homeless services can be achieved through reorganization of the Bell Community Housing Authority operations and assets.
ATTACHMENTS:
1. Crisis Housing Agreement
AGREEMENT
THIS AGREEMENT ("Agreement") is made by and between (1) The Salvation Army, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 ("TSA"), acting through its Bell Shelter; and (2) The City of Bell ("Collaborator"). (Collectively, TSA and Contractor shall be referred to as "the Parties," and either individually shall be a "Party.") WHEREAS TSA and Collaborator have identified substantially similar goals to serve the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: □ Individual
□ Sole proprietorship
□ Corporation, O nonprofit □ for profit
organized under the laws of the State of
□ Partnership
organized under the laws of the State of
S Government Agency
Employer Identification Number:
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties' individual operations. TSA shall provide the services described in Exhibit A, and Collaborator shall provide the services described in Exhibit B, both attached hereto and made a part hereof as though set forth in full.
2. No Partnership. No Joint Venture. No Emplovment. Each Party represents that does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party. Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party ("Furnishing Party"), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party's exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers' compensation, federal or state tax- withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers' compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees.
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c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other, that the Parties' status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3) neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from August 1, 2021 to June 30, 2022. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days' written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Pavment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $60 per bed night for 40 beds during the Term, which covers a total of 334 days. The maximum compensation payable under this agreement shall be $801,600. TSA will submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the "Indemnifying Party") shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the "Indemnified Party") from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys' fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
S Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
S Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
^ Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
S Professional Liability insurance; said policy shall be written with limits no less than $1,000,000 per claim.
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b. Collaborator shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
S Commercial General Liability insurance; said policy shall be written with limits no less than $ 1,000,000 per occurrence and $ 1,000,000 general aggregate. lEI Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
^ Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
13 Professional Liability insurance; said policy shall be written with limits no less than $ 1,000,000 per claim.
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7. Additional Provisions. Collaborator acknowledges that this Agreement □ is I3 is not subject to the provisions of one or more agreements for funding, attached hereto as Exhibit(s) and made a part hereof as though set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are applicable to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials ! .
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement, including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each Party agrees that any documents or records prepared for or provided to the other under this Section 8 will remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentialitv. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract □ does 3 does not implicate the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which if implicated is attached hereto as Exhibit and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate sub-Agreements with these cities in consultation with TSA and which sub-Agreements will be subject to TSA final written consent.
11. No Third-Partv Beneficiarv. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12. Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business
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associations by which the disclosing Party benefits, directly or indirectly, or has an interest, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law. This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreements, promises, representations, understanding, and negotiations, whether written or oral, including without limitation any previous version of this or any other document, signed or unsigned, including correspondence and emails. Any revisions to this Agreement shall be in writing and executed and dated by authorized representatives of both Parties hereto.
15. Severabilitv. If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Notices. Written notice by either Party to the other shall be effective three business days after mailing by registered mail to:
If to TSA:
The Salvation Army Bell Shelter
Attn: Steve Lytle
5600 Rickenbacker Road, Bldg. 2A/B
Bell,CA 90201
with copy to
The Secretary for Business Administration
The Salvation Army
180 East Ocean Boulevard
Long Beach, California 90802
If to Collaborator:
IN "WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date last below written:
THE SALVATION ARMY
a California corporation
Collaborator
By: By:
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Its: Its: _
Dated:
Attest:
Its:
Dated:
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EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Forty (40) reserved Crisis Housing beds for single adult participants referred by the City of Bell.
Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis if the participant is actively working on a housing plan. The Salvation Army Bell Shelter has the right not to extend the stay of any client beyond any 30-day period or extension if the individual is not actively working on a housing plan. In addition, The Salvation Army Bell Shelter has the right to terminate services for any client according to the shelter's established Termination Policy. We will provide at least three (3) referrals to other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis Housing beds, as such they are low demand and low barrier, which means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as "homeless", have a history of arson, or are registered sex offenders. 2) Supportive services for up to forty (40) participants at any time utilizing the City of Bell reserved Crisis Housing beds include, but are not limited to: intake, comprehensive needs assessment, individualized case management, referrals to health care/mental health services, life skills classes, employment services and referrals, transportation assistance, benefits advocacy, and permanent housing placement assistance.
3) Operational services/supports for up to forty (40) participants at any time include, but are not limited to: three (3) nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, and access to indoor and outdoor recreational facilities and social/holiday events.
EXHIBIT 8
The City of Bell shall provide the following:
1) Referrals of Individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Forty (40) beds will be reserved for participants referred by the City of Bell. No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. The Salvation Army Bell Shelter is not able to provide transportation services to pick up referred participants. 3) Payment at the rate of $60 per bed per night for forty (40) reserved beds, paid monthly in arrears upon the presentation of an invoice.
REIMBURSEMENT AGREEMENT
FOR
SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of June 22, 2022 (“Effective Date”) by and among the CITY OF BELL, a California charter city (“Bell”), the CITY OF BELL GARDENS , a California general law city (“Bell Gardens”),the CITY OF COMMERCE, a California general law city (“Commerce”) , the CITY OF CUDAHY, a
California general law city (“Cudahy”), the CITY OF HUNTINGTON PARK, a California general law city (“Huntington Park”), the CITY OF MAYWOOD, a California general law city (“Maywood”), the CITY OF SOUTH GATE, a California general law city (“South Gate”) , and the CITY OF VERNON , a California charter city and municipal corporation (“Vernon”), collectively referred to herein as the “LCA1 Members” and/or the “Parties”.
RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon, are members of a Local Coordinating Alliance 1 (“LCA1”), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for subregional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.
B. Los Angeles County (First and Fourth Supervisorial Districts) (“County”) will separately participate with The Salvation Army for the same services as set forth herein pursuant to separate agreements directly with the Salvation Army Bell Shelter.
C. A “Shelter Bed” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services within such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended to provide a safe and supportive twenty-four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The
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number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.
D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.
E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority’s (“LAHSA”) Homeless Management Information System (“HMIS ”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to faci litate participant transfer and coordination among available regional homeless services programs.
F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System (“County CES”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.
Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members.
G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.
H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.
I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.
The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members’ homeless population, based on certain conditions.
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J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.
K. To this end, the City of Bell and The Salvation Army, a California corporation (“Salvation Army”) have entered into an agreement, dated June 8, 2022, as set forth in Exhibit A (the “Salvation Army Agreement”), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population.
L. Separately, the City of Bell, as lead agency, applied for and received a $500,000 Measure H Innovation Fund Grant (“Measure H Grant”) from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by sixty-seven percent (67%) from $740,772 to $240,772. In return for the Measure H Grant award, the LCA1 Members agree that if the thirty- six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty-six (36) Shelter Beds, which is eighteen (18) out of the thirty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.
M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the “Homeless Liaison”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.
N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing. If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
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O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each month during the term of this Agreement. If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell). The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities, in order to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (90%) occupied during the term of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.
Section 2. Term; Termination.
(a) The term of this Agreement will commence on July 5, 2022 and end on June 30, 2023 (the “Term”) for a total of 361 days.
(b) In addition, this Agreement may be terminated after June 30, 2022, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.
The City of Bell, as lead agency, may replace any party that terminates this Agreement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after June 30, 2022, and a replacement SPA 7 city is not immediately available to take such terminating Party’s share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.
Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly
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amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.
As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.
Total Agreement Cost
The total cost of the Salvation Army Agreement is $740,772 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 361 days.
The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of this Agreement to $240,772.
Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds. Los Angeles County Fourth Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for two (2) additional Shelter Beds, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty-two (42) under this pilot program.
The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8
th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $30,096.50 of the remaining Agreement after Measure H Innovation Grant reimbursement of $240,772.
Monthly Invoice
The City of Bell, as lead agency, will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.
Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a
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Shelter Bed is available at any specific time, as the complex and shifting factors that affect Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the thirty-six (36) prioritized Shelter Beds under the Salvation Army Agreement. The LCA1 Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvation Army Agreement. Each day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty-six (36) prioritized Shelter Beds, cooperation and communication between the Parties is essential. Informal analysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use
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analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless Liaison after the Effective Date and a secondary sixty (60) day use analysis will be provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.
Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receiving housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need. The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Beds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.
After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell Shelter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID-19 protocols, after hours intake should only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days. Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) if an incoming
01135.0001/536707.2 -8-
participant is vaccinated, the participant may move into a public safety prioritized bed. If a participant is not vaccinated, they must remain in quarantine until two negative COVID- 19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure allocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: the Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
01135.0001/536707.2 -9-
Section 6. Defaults and Indemnification Provisions.
(a) Defaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties, and their respective officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties. To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell
01135.0001/536707.2 -10-
shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.
Section 6. Miscellaneous Provisions.
(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other Parties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. (c) Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement). It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0001/536707.2 -11-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
___________________________________
Name:
Title:
Address: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:
________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
________________________________
David J. Aleshire, City Attorney
RESOLUTION NO. 22-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA,
APPROVING A REIMBURSEMENT AGREEMENT FOR SHELTER BEDS WITHIN THE
SALVATION ARMY SHELTER LOCATED IN THE CITY OF BELL, CALIFORNIA
WHEREAS, The City of Commerce is one of eighty-four (84) cities within Los Angeles County that are served by the regional Continuum of Care (CoC) system that provides shelter beds for all of Los Angeles County under Los Angeles Homeless Services Authority’s Coordinated Entry System (County CES); and
WHEREAS, For unhoused individuals to receive a shelter bed and the attendant services that accompany temporary shelter housing such as: drug and alcohol counseling, health care and mental health services, employment services, benefits advocacy and permanent housing placement, the shared Homeless Services Liaison of the cities of Bell, Commerce, Cudahy, and Maywood must request assistance and be assigned an available shelter bed from the County CES system. Without an available bed in the County CES system, unhoused individuals are not able to receive services or shelter; and
WHEREAS, A Salvation Army Shelter is located within the city limits of the City of Bell and the shelter receives unhoused residents from the regional CoC system. The Salvation Army Bell Shelter complex provides a variety of supportive services and housing options, shelter beds are only one segment of the critical regional resources that the Salvation Army provides; and
WHEREAS, The LCA1 cities and unincorporated areas (Bell, Bell Gardens, Commerce, Cudahy, East Los Angeles, Huntington Park, Maywood, South Gate, Vernon, and Walnut Park) surrounding the Salvation Army Bell Shelter face a disproportionate homelessness impact; and
WHEREAS, As a recognition of the unique impacts of homelessness in the SELA area around the Salvation Army Bell Shelter, a proposed Social Services Collaborator Agreement between the City of Bell and the Salvation Army Bell Shelter would provide a secure source of thirty-six (36) shelter beds (either low barrier beds or bridge beds depending on the acuity of the unhoused individual’s service needs) that the participating LCA1 cities can access in addition to the shelter beds in the CoC system; and
WHEREAS, On behalf of the LCA1 cities, the City of Bell applied for and received $500,000 in Measure H Innovation Funds from the Gateway COG to support a shared shelter bed pilot program and to reduce the cost to the LCA1 cities by fifty percent (50%). The cities have achieved consensus to share costs equally for this innovative pilot program; and
WHEREAS, Los Angeles County Supervisorial District 1 (Solis) and Supervisorial District 4 (Hahn) are in the process of separately contracting with the Salvation Army Bel l Shelter to add six (6) additional shelter beds to this coordinated group of thirty -six (36) shelter beds that will result in a total of forty -two (42) shelter beds coordinated by the Homeless Services Liaison that is based in the City of Bell; and
WHEREAS, The maximum estimated cost to the City of Commerce for this agreement is $62,415.50 for a term starting on March 1, 2022 and ending on June 30, 2023. However, the total cost of the agreement to the City of Commerce will be determined by the timing of the execution of the final Reimbursement Agreement for Shelter Beds within the Salvation Army
CC Mtg: 05/10/2022
Reso #22-50
Bell Shelter with the participating LCA1 parties. The total cost and/or term may also be reduced if delays in program implementation occur due to COVID -19 public health restrictions at the Salvation Army Bell Shelter that may restrict or reduce the initial availability of shelter beds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1.
The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. Approve and adopt this resolution authorizing the City Manager to sign the Reimbursement Agreement for Shelter Beds within the Salvation Army Bell Shelter, in a form approved by the City Attorney, in substantial conformance to the attached Agreement.
Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Commerce.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 10
th day of May, 2022.
________________________
Oralia Rebollo, Mayor
ATTEST:
______________________________
Lena Shumway
City Clerk
CITY :
CITY OF BELL GARDENS ,
a California general law city
By: ---------
Name:
Title:
Address: ----------
Public Safety Contact:
Staff Contact:
CITY :
CITY OF COMMERCE,
a California general law city
By: ---------
Name :
Title :
Address : ----------
Public Safety Contact:
Staff Contact:
CITY:
CITY OF CUDAHY,
a California general law city
By: (A~ (\~
Name: Af6nsc:Noyoa)icMA-CM
Title : City Manager
Address: 5220 Santa Ana Street, Cudahy CA 90201
Public Safety Contact: Deputy Moises Montes
Staff Contact: Andres Rangel
01135 .000 1/536707 .2
01135.0001/536707.2
_________________________________
CITY:
CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name: Ricardo Reyes
Title: City Manager
Address: 6550 Miles Ave
Huntington Park, CA 90255
Public Safety Contact:
Cosme Lozano
Police Chief
Staff Contact:
Steve Forster
Community Development Director
CITY:
CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
DocuSign Envelope ID: 5474483A-4515-4D30-9C5A-FC54AFEEDB49
01135.0001/536707.2
_________________________________
CITY:
CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name:
Title:
Address: _______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name: Heber Marquez
Title: Mayor
Address: 4319 E Slauson Ave,
Maywood, CA 90270
Public Safety Contact: _Steve Fowler,
Director of Building and Planning
Staff Contact: ___(323) 562-5721_
CITY:
CITY OF SOUTH GATE,
a California general law city
By: _____________________________
Name:
Title:
DocuSign Envelope ID: 4EF0A8F7-AA58-4FEA-B643-782AE56D1EED
DocuSign Envelope ID: 4EFOA8F7-AA58-4FEA-B643-782AE56D1 EED CITY:
CITY OF HUNTINGTON PARK,
a California general law city
BY:
Name:
Title:
Address:
Public Safety Contact:
Staff Contact:
CITY:
CITY OF MAYWOOD,
Name: Heber Mar-q-u- ez-
Title: Mayor
Address: 4319 E Slauson Ave,
Maywood, CA 90270
Public Safety Contact: Steve Fowler,
Director of Building and Planning
Staff Contact: (323) 562-5721
CITY:
CITY OF SOUTH GATE,
a California genera2 iw citz
Name: Al 8j@53
Title: Mayor
AT 7ST
Chris Jeffers
Interim City M nager
01 135.0001/536707.2
Address: 8650 California Ave.
South Gate, CA 90280
Public Safety Contact:
Lieutenant Evelyn Garcia
Staff Contact:
323) 563-9508
CITY:
CITY OF VERNON,
a Cali{aornia cliarter city
Title: Mayor
Address:4305 S. Santa Fe Ave., Vernon CA 90058
Public Safety Contact:
Robert Sousa, Chief of Police
Staff Contact:
Angela Kimmey, Deputy City Administrator
PR V AS TO FORM:
Raul F. Salinas
City Attorney
Lisa Pope, City Clerk
APPROVED AS TO FORM:
!ussa,
Interim City Attorney
Of135.0001/5]6707 2
AGREEMENT
THIS AGREEMENT ("Agreement") is made by and between (1) The Salvation Anny, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 ("TSA"), acting through its Bell Shelter; and (2) The City of Bell, a California Municipal Corporation ("Collaborator"). (Collectively, TSA and Contractor shall be referred to as "the Parties," and either individually shall be a "Party.")
WHEREAS TSA and Collaborator have identified substantially similar goals to serve the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: D Individual
D Sole proprietorship
D Corporation, D nonprofit D for profit
organized under the laws of the State of
D Partnership
organized under the laws of the State of
181 Government Agency
Employer Identification Number:
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties' individual operations. TSA shall provide the services described in Exhibit A, and Collaborator shall provide the services described in Exhibit B, both attached hereto and made a part hereof as though set forth in full.
2. No Partnership, No Joint Venture, No Employment. Each Party represents that does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party. Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party ("Furnishing Party"), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party's exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers' compensation, federal or state tax withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers' compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees. c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other, that the Parties' status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3)
Last updated 04/11/2014; v.I.00
EXHIBIT A
neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from July 5, 2022 to June 30, 2023. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days' written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Payment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $57 per bed night for 36 beds during the Term, which covers a total of 361 days. The maximum compensation payable under this agreement shall be $740,772. TSA will submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the "Indemnifying Party") shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the "Indemnified Party") from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys' fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
181 Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate. 181 Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
181 Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
(81 Professional Liability insurance; said policy shall be written with limits no less than $1,000,000 per claim.
Initials ____ ...__ __ , ____ _
11}�
b.Collaborator is and shall remain a member of a joint powers insurance authority throughout the term of this Agreement and shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
Last updated 04/1112014; v.1.01)
(81 Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
181 Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
181 Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
.
.
�= Imttals _....,_�"'-----''
,s� -----
1. Additional Provisions. Collaborator acknowledges that this Agreement D is [81 is not subject to the provisions of one or more agreements for funding, attached hereto as Exhibit(s) and made a part hereof as though set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are app!cabk_ to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials _..,tt::'.:'-----''-----'/ 1SA
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement, including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each Party agrees that any documents or records prepared for or provided to the other under this Section 8 will remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentiality. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract 181 does D does not implicate the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which if implicated is attached hereto as Exhibit C and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate sub-Agreements with these cities in consultation with TSA and which sub-Agreements will be subject to TSA final written consent.
11. No Third-Party Beneficiary. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12. Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business associations by which the disclosing Party benefits, directly or indirectly, or has an interest, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law. This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreements, promises, representations, understanding, and negotiations, whether written or oral, including without limitation any previous version of this or any other
Last updated 04111/2014; v.1.00
EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Thirty six (36) Reserved Crisis/Bridge Housing Beds for single adult (age 18+) participants referred by the City of Bell. (An additional 6 beds will be contracted directly with Los Angeles County Supervisorial Districts 1 and 4 under separate agreements.) Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis provided the participant is actively working on a housing plan with his/her case manager. The Salvation Army Bell Shelter has the right not to extend the stay of any participants beyond any 30-day period or extension if the individual is not actively working with his/her case manager on a housing plan.
In addition, The Salvation Army Bell Shelter has the right to terminate services for any participant according to the shelter’s established Termination Policy.
We will provide at least
three (3) referrals to other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis or Bridge Housing beds; as such they are operated with a low barrier/low demand, trauma-informed program design. This means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. Some beds will be available in a sober living environment in a separate building for participants who choose a sober living environment. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as “homeless”, have a history of arson, or are registered sex offenders. 2) Comprehensive Supportive Services for up to thirty-six (36) participants at any time utilizing the City of Bell reserved Crisis/Bridge Housing beds include, but are not limited to:
- intake processing – including working collaboratively with the Homelessness Coordinator - outreach coordination with representatives of the City of Bell (Homelessness Coordinator, law enforcement, Community Services, etc.)
- program orientation
- comprehensive needs assessment – psychosocial assessment focusing on identification of strengths and areas of growth, which is used as a basis to inform the development of an individualized case plan
- individualized case management with development of an Individualized Service Plan including a Housing Plan
- referrals to health care/mental health services – currently, health care, including COVID-19 vaccination and testing, primary care and referrals, TB testing, etc. is provided on-site by JWCH Institute
- substance abuse supports – including referrals to outpatient treatment programs, AA/NA/CA groups, and referrals to on-site residential treatment program - life skills classes – including household budgeting, anger management, coping skills, landlord/tenant issues, conflict resolution
- employment supports and job referrals
- transportation assistance – including, when staffing allows, pick-up of individuals for intake who are referred by the City of Bell or its subcontractors; as well as van transportation, bus passes, and taxi vouchers, according to participant needs and availability - benefits advocacy – including SSI/SSDI, food stamps, Medi-Cal, housing vouchers, etc. - documentation preparation assistance – including helping participants obtain ID/driver’s license, birth certificates, verification of income and/or homelessness
- permanent housing placement assistance – including assistance with identifying housing opportunities, assisting clients identify voucher and other housing assistance programs, and assisting with landlord negotiations.
3) Operational Services/Supports for up to thirty-six (36) participants at any time include, but are not limited to, three (3) hot, nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, access to indoor and outdoor recreational facilities, and social/holiday events.
4) COVID-19 – Public Health Protocols and Collaboration – The Salvation Army Bell Shelter will continue to work closely in collaboration with the Los Angeles County Department of Public Health DPH) to mitigate potential spread of infection/disease related to the ongoing COVID-19 global pandemic. Proactive measures have and will be taken to operate programs and facilities according to DPH, CDC, and California Department of Public Health guidelines and directives, including following Public Health Orders that may be issued by State and Local officials from time to time. These efforts will be geared toward protecting the health and well-being of all participants and staff and the continued smooth/safe operation of the program and facility, while minimizing disruptions to service delivery and intake process for new participants. 5) Measurable Outcomes – The Salvation Army Bell Shelter will strive to inspire success for all participants. The measurable outcomes for this grant are as follows:
(a) 100 unduplicated individuals will be served each year during the term. (b) 20% of participants (of those able to work – e.g. not disabled or retired) will be employed by exit date.
(c) 30% of participants will exit to permanent housing. (d) 85% of participants will complete a Housing Plan.
(e) 10% of participants will exit to another level of care (DMH IHP, other stable temporary housing location). *(Note: we will redirect any Veterans who are referred to this program to our existing VA beds, so they would not enter the project and would not be counted in this measure. We can’t do the same for DMH, because the participant needs to be screened and enrolled by DMH before they can transfer to the DMH Interim Housing Program at Bell Shelter or another facility.)
EXHIBIT B
The City of Bell shall provide the following:
1) Referrals of individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Thirty-six (36) beds will be reserved for participants referred by the City of Bell, with an additional six (6) beds contracted separately with Los Angeles County – First and Fourth Supervisorial Districts.
No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. Based upon staff availability at any given time, The Salvation Army Bell Shelter, will make every attempt to provide pick-ups or other transportation support for participants referred by the City of Bell. 3) Payment at the rate of $57 per bed per night for thirty-six (36) reserved beds, paid monthly in arrears upon the presentation of an invoice.
EXHIBIT C
CONFIDENTIALITY & NONDISCLOSURE AGREEMENT
This Agreement is made by and between The Salvation Army, a California corporation, (Company) and The City of Bell, a California Municipal Corporation (Vendor) (singularly a "party," collectively the "parties").
WHEREAS, Vendor may wish to engage Company's services under a separate contract (the Contract); and WHEREAS, in order for Company and Vendor to determine whether they wish to enter into the Contract, Company and/or Vendor may have access to information that the other party considers confidential, valuable, and/or proprietary, as well as information that may be subject to federal, state, and contract restrictions, or any combination thereof;
NOW, THEREFORE, in consideration of the above premises and commitments contained herein, it is hereby agreed that:
l. Confidentiality and Nondisclosure. Company and Vendor will each hold in confidence any and all Confidential information of the other party and not disclose to any other person, including its own employees, agents, and volunteers (subject to the exception provided in 3 below) or any third party, without written permission of the of the other party. Confidential Information shall mean all information, including without limitation that which is verbal, written, or in other physical or electronic form and is:
A. Technical and nontechnical information including patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and includes, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, business forecasts, sales and merchandising, and marketing plans and information; or B. Information related that would identify a client of any one of Company's programs as an alcohol or drug abuser either directly, by reference to other publicly available information, or through verification of such an identification by another person; or
C. Information related to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual; or D. Information related to the services contemplated as being provided under the Contract, including but not limited to compensation; or
E. Disclosed verbally or in writing as "Confidential."
2. Federally Restricted Information. Check all that apply:
� Company expects that Vendor will have access to information described under Section 1(8), and accordingly, Company and Vendor have executed a Qualified Service Organization Agreement and attached it as Exhibit AA, the contents of which are incorporated by reference as though set forth in full here.
IZ! Company eltpects that Vendor will have access to information described under Section l(C), and accordingly, Company and Vendor have executed a Business Associate Agreement and attached it as Exhibit BB, the contents of which are incorporated by reference as though set forth in full here.
Exhibit AA
Qualified Service Organization Agreement
This Qualified Service Organization Agreement (QSOA) is made by and between The Salvation Army, a California corporation, (Company) and the City of Bell, a California Municipal Corporation (Vendor).
WHEREAS, Vendor has engaged or intends to engage Company's services under a separate contract (the Contract); and
WHEREAS, Company has reason to believe that in the course of Vendor's work under the Contract, Vendor may have access to information related that would identify a client ofany one of Company's programs as an alcohol or drug abuser either directly, by reference to other publicly available information, or through verification of such an identification by another person;
WHEREAS, such information may be covered by the restrictions in Title 42, Chapter I, Subchapter A, Part 2, of the Code of Federal Regulations (Covered Information).
NOW, THEREFORE, in consideration of the above premises and commitments contained herein, it is hereby agreed that:
I.Vendor hereby acknowledges that in the course of providing professional services under the Contract, if it receives, stores, processes, or otherwise deals with any Covered Information, Vendor is fully bound by the restrictions set forth in 42 CFR §§ 2.1 -2.67. Company can provide a copy of these regulations on request.
2. Vendor agrees that, if necessary, Vendor will resist in judicial proceedings any efforts to obtain access to Covered Information except as permitted by the regulations described above.
3. Vendor's obligation in this Exhibit A shall continue to the extent required by the regulations described above.
4. This QSOA may be executed in any number of counterparts, each of which shall be deemed an original.
Facsimile copies of the same shall be treated as originals.
IN WITNESS WHEREOF, the parties have executed this Qualified Service Organization Agreement as of the date and year last below written.
City of Bell
Vendor
By:
Its:
Date:
The Salvation Army, a California corporation -
By:
Its:
Attest:
Its:
Date:
Exhibit BB
Business Associate Agreement
This Business Associate Agreement (BAA) is made by and between The Salvation Army, a California corporation, (Company or Covered Entity) and the City of Bell, a California Municipal Corporation (Vendor or Business Associate).
WHEREAS, Vendor has engaged or intends to engage Company's services under a separate contract (the Contract);
and
WHEREAS, Company has reason to believe that in the course of Vendor's work under the Contract, Vendor may have access to information related to the past, present, or future physical or mental health or conditioi, of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual; and WHEREAS, Company and Vendor wish to meet their respective obligations, to the extent applicable, under the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), as amended, and more specifically under the Standards for Privacy oflndividually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E (the Privacy Rule).
NOW, THEREFORE, in consideration of the above premises and commitments contained herein, Covered Entity and Business Associate agree as follows:
l. Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule.
a. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy oflndividually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. A reference in this BAA to a section in the Privacy Rule means the section as in effect or as amended b. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § l 64.502(g).
c. Protected Health Information. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. d. Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.103.
e. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee.
2. Obligations and Activities of Business Associate.
a. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the BAA or as Required By Law. Business Associate agrees to use appropriate safeguards to prevent use or disclosure of Protected Health Information and agrees to report to Covered Entity, within twenty-four (24) hours, any use or disclosure of Protected Health Information not permitted or required by this BAA of which it becomes aware. b. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement.
REIMBURSEMENT AGREEMENT
FOR
SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS R
EIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of March ____, 2022 (“Effective Date ”) by and among the CITY OF BELL, a California charter city (“Bell”), the CITY OF BELL GARDENS , a California general law city (“ Bell Gardens”),the CITY OF COMMERCE , a California general law city (“Commerce”), the CITY OF CUDAHY, a California general law city (“Cudahy”), the CITY OF HUNTINGTON PARK, a California general law city (“Huntington Park”), the CITY OF MAYWOOD , a California general law city (“Maywood”), the CITY OF SOUTH GATE , a California general law city (“South Gate”), and the CITY OF VERNON, a California charter city and municipal corporation (“Vernon”), collectively referred to herein as the “LCA1 Members” and/or the “Parties”.
RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon , are members of a Local Coordinating Alliance 1 (“LCA1”), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for sub regional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.
B. Los Angeles County ( First and Fourth Supervisorial Districts) (“County”) will separately participate with T he Salvation Army for the same services as set forth herein pursuant to separate agreement s directly with the Salvation Army Bell Shelter.
C. A “Shelter Bed” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 9020, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services wi thin such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended provide a safe and supportive twenty- four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The
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number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.
D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and hous ing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.
E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority’s (“LAHSA”) Homeless Management Information System ( “HMIS”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.
F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System (“County CES ”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.
Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members.
G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.
H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.
I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.
The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salva tion Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members’ homeless population, based on certain conditions.
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J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.
K. To this end, the City of Bell and The Salvation Army , a California corporation (“Salvation Army”) have entered into an agreement, dated March ____, 2022, as set forth in Exhibit A (the “Salvation Army Agreement ”), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population.
L. Separately, the City of Bell , as lead agency, appl ied for and received a $500,000 Measure H Innovation Fund Grant (“Measure H Grant”) from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by fifty percent (50%) from $999,324 to $499,324. In return for the Measure H Grant award, the LCA1 M embers agree that if the thirty -six (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty -six (36) Shelter Beds, which is eighteen (18) out of the thirty -six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.
M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the “Homeless Liaison ”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.
N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing . If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
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O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each month during the term of this Agreement . If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell) . The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities , in ord er to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (9 0%) occupied during the term of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.
Section 2. Term; Termination.
(a) The term of this Agreement will commence on March 1, 2022 and end on June 30, 2023 (the “Term”) for a total of 487 days.
(b) In addition, t his Agreement may be terminated after June 30, 2022, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.
The City of Bell, as lead agency, may replace any party that terminates this A greement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after June 30, 2022, and a replacement SPA 7 city is not immediately av ailable to take such terminating Party’s share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.
Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly
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amount
due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.
As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.
Total Agreement Cost
The total cost of the Salvation Army Agreement is $999,324 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 487 days.
The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of th is Agreement to $499,324.
Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds at a cost of $117,420. Los Angeles County Fourth Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for two (2) additional Shelter Beds at a cost of $ 58,710, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty-two (42) under this pilot program.
The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8
th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $62,415.50 of the total Agreement of $499,324.
Monthly Invoice
The City of Bell, as lead agency , will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.
Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect
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Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty -six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or t hirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirty- two (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department , etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed avail ability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the forty (40) prioritized Shelter B eds under the Salvati on Army Agreement. The LCA1 Members acknowledge and agree that the thirty -six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvation Army Agreement. E ach day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty -six (36) prioritized Shelter B eds, cooperation and communication between the Parties is essential. Informal a nalysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless
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Liaison after the Effective Date and a secondary sixty (60) day use analysis will be provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.
Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receivin g housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID -19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need . The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36 ) Shelter B eds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM , Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.
After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell S helter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID -19 protocols, after hours intake should only be for emergency situations. An after -hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days . Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) i f an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If
01135.0001/536707.2 -8-
a par
ticipant is not vaccinated, they must remain in quarantine until two negative COVID- 19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure a llocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: t he Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
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Section 6. Defaults and Indemnification Provisions.
(a) Defau lts. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties , and their respective officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties . To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respectiv e officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds , the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.
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Section 6. Miscellaneous Provisions.
(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other P arties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. (c) Integration; Amendments . This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement) . It is understood that there are no oral agreements between the Parties hereto af fecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement ), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i ) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this A greement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0001/536707.2 -11-
IN W
ITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
____________________________________
Name:
Title:
Addr
ess: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:
_________________________________
An
gela Bustamante, City Clerk
APPROVE
D AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney
01135.0001/536707.2
CITY:
CITY OF BELL GARDENS,
a California general law city
By: __________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF COMMERCE,
a California general law city
By: __________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF CUDAHY,
a California general law city
By: ____________________________
Name:
Title:
Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
01135.0001/536707.2
_________________________________
CITY:
CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name:
Title:
Address: _______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF SOUTH GATE,
a California general law city
By: _____________________________
Name:
Title:
01135.0001/536707.2
Address: _________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:
CITY OF VERNON,
a California charter city
By: ____________________________
Name:
Title:
Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
Last updated 04/11/2014; v.1.00
AGREEMENT
THIS AGREEMENT (“Agreement”) is made by and between (1) The Salvation Army, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 (“TSA”), acting through its Bell Shelter; and (2) The City of Bell, a California Municipal Corporation (“Collaborator”). (Collectively, TSA and Contractor shall be referred to as “the Parties,” and either individually shall be a “Party.”)
WHEREAS TSA and Collaborator have identified substantially similar goals to serv e the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: Individual
Sole proprietorship
Corporation, nonprofit for profit
organized under the laws of the State of
Partnership
organized under the laws of the State of
Government Agency
Employer Identification Number: .
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties’ individual operations. TSA shall provide the services described in Exhibit "A", and Collaborator shall provide the services described in Exhibit "B", both attached hereto and made a part
hereof as though set forth in full.
2. No
Partnership, No Joint Venture, No Employment. Each Party represents that it does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party.
Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party (“Furnishing Party”), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party’s exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers’ compensation, federal or state tax– withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers’ compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees.
EXHIBIT A
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c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other , that the Parties’ status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3) neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from March 1, 2022 to June 30, 2023. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days’ written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Payment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $57 per bed night for 36 beds during the Term, which covers a total of 487 days. The maximum compensation payable under this agreement shall be $999,324 . TSA will
submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the “Indemnifying Party”) shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the “Indemnified Party”) from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
Commercial General Liability insurance; said policy shall be writt en wi th limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
Business/Commercial Automobile Liability i nsurance; said policy shall be written with a combined single limit no less than $1,000,000.
Worker’s Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
Professional Liability insurance; said policy sha ll be written with limits no less than $1,000,000 per claim.
Last updated 04/11/2014; v.1.00
Initials ____________/____________.
b. Collaborator is and shall remain a member of a joint powers insurance authority throughout the term of this Agreement as required by law and within minimum limits described more particularly below:
Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
Business/Commercial Automobile Li ability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
Worker’s Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
7. Additional Provisions. Collaborator acknowledges that this Agreement of one or more agreements for funding, attached hereto as Exhibit(s) Initials ____________/____________.
is is not subject to the provisions
and made a part hereof as though
set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are applicable to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials ____________/____________.
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement,
including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each
Party agrees that any documents or records prepared
for or provided to the other under this Section 8 will
remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentiality. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract do es does not implicate the provisions of
confidentiality laws or regulations requiring a specific kind of contract governing information sharing between
the Parties, which if implicated is attached hereto as Exhibit "C" and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate a sub-Agreement with these cities in consultation with TSA and which sub-Agreement will be subject to TSA final written consent.
11. No Third-Party Beneficiary. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12 . Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business
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associations by which the disclosing Party benefits, directly or indirectly, or has an intere st, financial or otherwise. Each Party represents that there is no actual conflict of interest between its engagements, employments, or familial or contractual relationships with third parties and the other Party.
13. Governing Law . This Agreement shall be governed according to the laws of the state in which services are performed.
14. Entire Agreement. This Agreement and the exhibits identified herein constitute the entire understanding between the Parties hereto and supercede all previous agreement s, promise s, representations, understanding , and negotiations, whether written or oral, including without limitation any previous version of this or any other document, signed or unsigned, including correspondence and emails. Any revisions to this Agreement shall be in writing and executed and dated by authorized representatives of both Parties hereto.
15. Severability. If any provision herein shall be held to be invalid or unenforceable for any reason, the remain ing provisions shall continue to be valid and enforceable. If a court finds that any provisi on of this Agreement is invalid or unenforceable, but by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Notices. Written notice by either Party to t he other shall be effective three business days after mailing by registered mail to:
If to TSA:
The Salvation Army Bell Shelter
Attn: Steve Lytle
5600 Rickenbacker Road, Bldg. 2A/B
Bell, CA 90201
with copy to
The Secretary for Business Administration
The Salvation
Army
180 East Ocean Boulevard
Long Beach, California 90802
If to Collaborator:
City of Bell
Attn: City Manager's Office
6330 Pine Avenue
City
of Bell, California 90202
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date last below written:
THE SALVATION ARMY
a California corporation
By: _______________________
The City of Bell, a California
Municipal Corporation, Collaborator
By: ______________________
Last updated 04/11/2014; v.1.00
Its: _______________________ Its: _______________________ Dated:_________________
Attest: _______________________
Its: _______________________
Dated:_________________
EXHIBIT A
The Salvation Army Bell Shelter shall provide the following:
1) Thirty six (36) Reserved Crisis/Bridge Housing Beds for single adult (age 18+) participants referred by the City of Bell. (An additional 6 beds will be contracted directly with Los Angeles County Supervisorial Districts 1 and 4 under separate agreements.) Participants may stay for an initial period of thirty (30) days, which may be extended on a monthly basis provided the participant is actively working on a housing plan with his/her case manager. The Salvation Army Bell Shelter has the right not to extend the stay of any participants beyond any 30-day period or extension if the individual is not actively working with his/her case manager on a housing plan.
In addition, The Salvation Army Bell Shelter has the right to terminate services for any participant according to the shelter’s established Termination Policy. We will provide at least three (3) referrals to
other programs for any participant who is terminated or whose stay is not extended.
The beds reserved by the City of Bell are classified as Crisis or Bridge Housing beds; as such they are operated with a low barrier/low demand, trauma-informed program design. This means participants do not have to commit to sobriety or adherence to medications for health or mental health conditions. Some beds will be available in a sober living environment in a separate building for participants who choose a sober living environment. However, The Salvation Army Bell Shelter reserves the right to assess all individuals referred by the City of Bell and to deny entry to any individuals who pose a safety threat, require a higher level of care, cannot be documented as “homeless”, have a history of arson, or are registered sex offenders. 2) Comprehensive Supportive Services for up to thirty-six (36) participants at any time utilizing the City of Bell reserved Crisis/Bridge Housing beds include, but are not limited to:
- intake processing – including working collaboratively with the Homelessness Coordinator - outreach coordination with representatives of the City of Bell (Homelessness Coordinator, law enforcement, Community Services, etc.)
- program orientation
- comprehensive needs assessment – psychosocial assessment focusing on identification of strengths and areas of growth, which is used as a basis to inform the development of an individualized case plan
- individualized case management with development of an Individualized Service Plan including a Housing Plan
- referrals to health care/mental health services – currently, health care, including COVID-19 vaccination and testing, primary care and referrals, TB testing, etc. is provided on-site by JWCH Institute
- substance abuse supports – including referrals to outpatient treatment programs, AA/NA/CA groups, and referrals to on-site residential treatment program - life skills classes – including household budgeting, anger management, coping skills, landlord/tenant issues, conflict resolution
- employment supports and job referrals
- transportation assistance – including, when staffing allows, pick-up of individuals for intake who are referred by the City of Bell or its subcontractors; as well as van transportation, bus passes, and taxi vouchers, according to participant needs and availability - benefits advocacy – including SSI/SSDI, food stamps, Medi-Cal, housing vouchers, etc. - documentation preparation assistance – including helping participants obtain ID/driver’s license, birth certificates, verification of income and/or homelessness
- permanent housing placement assistance – including assistance with identifying housing opportunities, assisting clients identify voucher and other housing assistance programs, and assisting with landlord negotiations.
3) Operational Services/Supports for up to thirty-six (36) participants at any time include, but are not limited to, three (3) hot, nutritious meals daily, evening snack, bed linens/towels, hygiene supplies, access to laundry facilities, access to indoor and outdoor recreational facilities, and social/holiday events.
4) COVID-19 – Public Health Protocols and Collaboration – The Salvation Army Bell Shelter will continue to work closely in collaboration with the Los Angeles County Department of Public Health DPH) to mitigate potential spread of infection/disease related to the ongoing COVID-19 global pandemic. Proactive measures have and will be taken to operate programs and facilities according to DPH, CDC, and California Department of Public Health guidelines and directives, including following Public Health Orders that may be issued by State and Local officials from time to time. These efforts will be geared toward protecting the health and well-being of all participants and staff and the continued smooth/safe operation of the program and facility, while minimizing disruptions to service delivery and intake process for new participants. 5) Measurable Outcomes – The Salvation Army Bell Shelter will strive to inspire success for all participants. The measurable outcomes for this grant are as follows:
(a) 100 unduplicated individuals will be served each year during the term. (b) 20% of participants (of those able to work – e.g. not disabled or retired) will be employed by exit date.
(c) 30% of participants will exit to permanent housing. (d) 85% of participants will complete a Housing Plan.
(e) 10% of participants will exit to another level of care (DMH IHP, other stable temporary housing location). *(Note: we will redirect any Veterans who are referred to this program to our existing VA beds, so they would not enter the project and would not be counted in this measure. We can’t do the same for DMH, because the participant needs to be screened and enrolled by DMH before they can transfer to the DMH Interim Housing Program at Bell Shelter or another facility.)
EXHIBIT B
The City of Bell shall provide the following:
1) Referrals of individuals who are experiencing homelessness for consideration for acceptance into the City of Bell Crisis Housing Program at The Salvation Army Bell Shelter. Note: Thirty-six (36) beds will be reserved for participants referred by the City of Bell, with an additional six (6) beds contracted separately with Los Angeles County – First and Fourth Supervisorial Districts.
No commitment is made to reserve other beds for referrals of individuals from the City of Bell. 2) Transportation support for referred participants. Based upon staff availability at any given time, The Salvation Army Bell Shelter, will make every attempt to provide pick-ups or other transportation support for participants referred by the City of Bell. 3) Payment at the rate of $57 per bed per night for thirty-six (36) reserved beds, paid monthly in arrears upon the presentation of an invoice.
EXHIBIT C
Confidentiality
As stipulated in the Agreement between the Parties, the Parties agree to treat all information related to participants served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the participant.
The nature of the services provided under this contract implicates the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which are described herein.
The Parties agree individually to develop and implement written procedures to ensure:
1. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual who applies for and/or receives assistance will be kept secure and confidential.
2. The name, personal information, or location of any program participant will not be disclosed without written consent of the participant.
3. A standardized Release of Information form will be used to document participant consent for the release of confidential information. See copy attached, which by reference is made a part hereto of the Agreement.
The Salvation Army Bell Shelter
RELEASE OF INFORMATION CONSENT FORM
Name: DOB: SSN:
I am hereby authorizing the release of the information listed below to the agencies named. I further express my knowledge that this release is in effect while I am in the shelter program and for a period of one (1) year after my discharge from the program. I understand that I may cancel the permission for release in writing at any time. I know that any release of information beyond that listed below must be accompanied by a specified signed release, and that any information will be accompanied by a cover sheet with the following statement:
CONFIDENTIALITY
This information has been disclosed to you from records whose confidentiality is protected by Federal Law. Federal regulations (42CFR part 2) prohibit you from making any disclosures of it without specific written consent of the person to whom it pertains, or as otherwise permitted by such regulations. A general authorization for release of medical or other information is NOT sufficient for this purpose.
INFORMATION THAT MAY BE RELEASED:
Name, Date of Birth, Social Security Number, Admission Date, Current Status, Financial, Medical Information.
AGENCIES INFORMATION MAY BE RELEASED TO: YES NO INITIALS DPSS, SDI, SSDI (welfare):
Health Care Provider, Paramedics, County Hospital:
Social Security Administration:
Veteran’s Administration:
DCFS Worker: (specify)
Parole and/or Probation Officer: (specify)
Mental Health Provider: (specify)
City of Bell:
Other (specify):
Client Signature Date
_______________________________________ ______________________________ Staff Signature Date
Narrative Timeline
1/5/21 The City of Bell, in partnership with the cities of Maywood, Cudahy, and Commerce, hires a shared Homeless Services Liaison with a $123,770 Measure H grant provided by the Gateway Cities Council of Governments. This partnership initiates a cooperative multi-city response to homelessness in the four-city Southeast Los Angeles area.
6/23/21 Salvation Army Bell Shelter notifies City of Bell staff that forty (40) shelter beds may become available due to an expiring contract. The City of Bell had previously asked the Salvation Army in April of 2020 to notify the City of Bell if any shelter beds became available due to expiring contracts at the Bell shelter.
6/29/21 City of Bell staff expresses interest to the Salvation Army in contracting for shelter beds, if a larger subregional group of cities agrees to coordinate homeless services and join in sharing of costs for the shelter bed agreement.
7/20/21 Salvation Army provides City of Bell with a draft agreement version #1 for shelter beds for the City Council to review.
7/28/21 Bell City Council provides approval for staff to initiate subregional negotiations on homeless shelter beds with surrounding cities.
7/29/21 City of Bell requests assistance from the Gateway Cities Council of Governments Homeless Program Manager to determine interest from the LCA1 subregion cities (Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon) in a coordinated cost sharing agreement for forty (40) homeless shelter beds in the Salvation Army Bell Shelter.
8/3/21 Gateway COG Homelessness TAC meeting
8/4/21 LCA1 cities meeting organized by Gateway COG
8/5/21 Bell and Gateway COG Homelessness Program Manager meeting
8/6/21 Bell, Salvation Army meeting
8/9/21 Bell, Salvation Army, Gateway COG meeting
8/9/21 Distribution of draft Bell, Salvation Army shelter bed agreement version #1 to LCA1 cities for comments
8/10/21 Gateway COG Homelessness TAC working group meeting
8/12/21 Bell, Salvation Army meeting
8/14/21 D raft agreement version #2 for shelter beds developed, as LCA1 cities determine metrics and review cost sharing options
8/17/21 Gateway COG Homelessness TAC working group meeting
8/18/21 LCA1 cities meeting
8/25/21 LCA 1 cities meeting organized by Gateway COG
9/1/21 Bell, Vernon meeting
9/1/21 Bell contacts LA County Supervisorial District 1 (Solis) to determine interest in developing shelter bed agreement
9/3/21 Bell, Salvation Army meeting
9/10/21 Bell, LA County Supervisorial District 1 meeting to discuss inclusion of the unincorporated communities of East Los Angeles and Walnut Park.
9/10/21 Distribution of draft cost reimbursement agreement version #2 to LCA1 cities and LA County Supervisorial District 1 for comments
9/13/21 City of Bell submits grant application to Gateway COG for Measure H Innovation grant funds for LCA1 cities and LA County Supervisorial District 1 shared use of shelter beds and shared Homeless Liaison
9/13/21 Bell, Gateway COG meeting
9/15/21 Second request by Bell for comments on the draft reimbursement agreement version #1 to LCA1 cities
9/15/21 Bell, South Gate meeting
9/15/21 Bell, Vernon meeting
9/16/21 Bell, LA County Supervisorial District 1 meeting
9/17/21 Bell, LA County CEO’s Office, LA County Supervisorial District 1, LA County Homelessness Initiative, Gateway COG meeting
9/22/21 Bell, LA County Supervisorial District 1 meeting
9/22/21 Gateway COG Homelessness TAC
9/22/21 Submittal of LCA1 comments to draft reimbursement agreement version #2 provided to Bell City Attorney and Salvation Army.
9/22/21 Gateway COG Homelessness TAC recommends funding of $500,000 in Measure H grant funds for City of Bell and LCA1 coordinating cities for shared use shelter beds; and $182,435 in grant funding for a renewal of the shared Homeless Liaison position for the cities of Bell, Maywood, Cudahy and Commerce.
10/1/21 Bell, Salvation Army meeting
10/4/21 Distribution of version #3 of draft reimbursement agreement to LCA1 cities for comments.
10/6/21 Gateway Cities Council of Governments Board of Directors approves the “Road Map Toward Ending Homelessness” which promotes a subregional approach to providing homeless solutions in the Gateway Cities
10/6/21 Gateway Cities Council of Governments Board of Directors approves the Gateway Cities COG Work Plan for LA County Homelessness Measure H Funds.
10/25/21 Request for comments from LCA1 cities on draft reimbursement agreement version #3.
10/26/21 Bell, Cudahy meeting
10/28/21 Meeting of LCA1 cities, Gateway COG, and LA County Supervisorial District 1 to discuss final draft reimbursement agreement – rescheduled to 11/4/21 due to Contract Cities Conference.
10/29/21 Bell, Maywood meeting
11/2/21 Bell, LA County Supervisorial District 1 meeting
11/3/21 Bell, Maywood, LA County CEO’s Office, LA County Homelessness Initiative, Gateway COG, LA County Supervisorial District 1 meeting
11/4/21 Bell, Maywood, Salvation Army, Gateway COG, LA County CEO’s Office, LA County Homelessness Initiative, LA County Supervisorial District 1 meeting
11/4/21 LCA 1 cities reach consensus on final draft cost sharing agreement. Issues arise with LA County Supervisorial District 1 participation in cost sharing agreement.
11/5/21 Bell, Salvation Army meeting
11/9/21 Bell, Huntington Park meeting
11/24/21 Updated final draft agreement sent to Huntington Park as requested for additional review.
11/15/21 Bell, Gateway COG, LA County CEO’s Office, LA County Homelessness Initiative, LA County Supervisorial District 1 meeting. Consensus reached on LA County Supervisorial District 1 participation through a separate social program agreement with the Salvation Army to simplify funding, and inclusion of additional program metrics in the final agreement. Final draft reimbursement agreement to be amended when LA County Supervisorial District 1 social program draft agreement is received, and draft Measure H grant funding contract is received from Gateway COG.
12/1/21 Final agreement edits sent to LA County Supervisorial District 1 and LCA1 cities with increased metrics and recalculated costs based on requests from LA County CEO’s office and LA County Homeless Initiative.
12/2/21 Bell, Vernon meeting
12/3/21 Bell, Salvation Army meeting
12/15/21 New Los Angeles County Supervisorial District Boundaries are adopted. The unincorporated community of East Los Angeles remains in District 1 (Solis), the unincorporated community of Walnut Park is moved to District 4 (Hahn).
12/16/21 Salvation Army provides updated agreement between the City of Bell and Salvation Army for review, based on the edits to the final cost sharing agreement and the changes to the LA County Supervisorial District 1 Social Program Agreement.
12/21/21 LA County Supervisorial District 1 submits request for Social Program Agreement to LA County CEO’s Office.
1/7/22 LA County Homeless Initiative informs Gateway COG that Measure H Innovation funding is available for early deliverables and payment for approved project reimbursement in January 2022, despite the delay in providing agreements for the funding.
1/14/22 Salvation Army receives draft Social Program Agreement HP-01-001 for review from County of Los Angeles Executive Office for LA County Supervisorial District 1 participation in the Bell Crisis Housing program for the unincorporated East Los
Angeles community. Salvation Army requests minor edits to the special program agreement.
1/18/22 Salvation Army forwards LA County draft Social Program Agreement to the City of Bell for review.
1/18/22 Bell, Salvation Army meeting
1/19/22 Bell, Gateway COG meeting
1/19/22 Bell, Maywood meeting
1/21/22 Bell, Salvation Army meeting
1/25/22 Bell, Maywood, LA County Supervisorial District 4, Salvation Army meeting to discuss the effect of new supervisorial district boundaries on the final cost sharing agreement. LA County Supervisorial District 4 expresses interest in joining unincorporated Walnut Park to the LCA1 cities and District 1 with a future amendment to final agreement. LA County Supervisorial District 4 staff concurs that the agreement should move forward to final execution with the existing parties at this point.
2/7/22 LA County Supervisorial District 4 (Hahn) notifies Salvation Army of interest to participate through a separate social program agreement for two (2) shelter beds for the unincorporated community of Walnut Park.
2/9/22 Presentation to the Bell City Council
2/23/22 (Projected) Agreements submitted to the Bell City Council and LCA1 cities for approval.
3/1/22 (Projected) Initiation of LCA1 cities & unincorporated East Los Angeles and Walnut Park subregional shelter bed program, if Los Angeles County Department of Public Health has approved the intake of program participants at the Salvation Army Bell Shelter based on COVID-19 protocols.
AGENDA ITEM 3
City of Bell
Agenda Report
DATE: July 28, 2021
TO: Mayor and Members of the City Council
FROM: Paul Philips, City Manager
Alex Gonzalez, Special Assistant, City Manager's Office
APPROVED
BY:
juhPhillips, City Manage Paul^Phillips, City Manner
SUBJECT: Crisis Housing Agreement with The Salvation Army RECOMMENDATION:
It is recommended that the City Council:
1) Approve in form the Crisis Housing Agreement with The Salvation Army; and 2) Approve entering into negotiations for Subcontracting Agreements with surrounding cities to share the costs of the Crisis Housing beds.
The attached agreement is not the final agreement, it is a standard agreement provided by the Salvation Army that is included to initiate discussion and receive City Council guidance and support. The following issues are expected to be addressed in the final agreement. Cost sharing sub agreements with collaborating agencies to reduce the direct cost burden to the City of Bell as lead agency, clarification that City of Bell as lead and other collaborating agencies do not share in the operational responsibilities of crisis housing beds, indemnity provisions, and confidentiality provisions in relation to compliance with the California Public Records Act. The final number of beds contracted by the City of Bell as lead agency is subject to change, based on the number of collaborating agencies that agree to sign sub agreements and the availability of funding. The number of daily crisis shelter beds that are needed by the City of Bell to directly support homeless outreach services is dynamic and ranges from ten beds on the high end to three beds at the low end. As it is difficult for homeless outreach staff and coordinating police staff to convince unhoused individuals to accept temporary housing and support, it is critical that a flexible shared inventory of crisis shelter beds be available to collaborating agencies that is outside of the coordinated care system inventory to directly and immediately address the unpredictable demands of homeless outreach staff and public safety staff. These crisis housing beds are not intended to serve as unused inventory to comply with or guard against the possibility of federal court injunctions. This inventory is intended to be used to directly and immediately address homelessness in collaborating agencies as a supplement to the coordinated care system, as the coordinated care system does not always provide an available bed in the moment when an unhoused individual agrees to seek assistance.
BACKGROUND:
The City of Bell is a participant in the regional Coordinated Care system that provides crisis housing beds for all of Los Angeles County under the coordination of Los Angeles Homeless Services Authority (LAHSA). For unhoused individuals within the Bell City limits to receive crisis housing and the attendant services that accompany crisis housing such as: drug and alcohol counseling, health care and mental health services, employment services, benefits advocacy and permanent housing placement, the City's homeless liaison must request assistance from LAHSA and be assigned an open shelter bed from the coordinated care system. Without an available bed in the coordinated care system, unhoused individuals in the City of Bell are not able to receive shelter, experience significant barriers to receiving services, and remain unhoused. The countywide coordinated care system faces a demand level for crisis shelter beds that is not met with the existing countywide inventory, as most cities do not provide shelter beds within their city limits.
The Salvation Army Bell Shelter is located within the city limits of the City of Bell and the shelter receives unhoused residents from the regional coordinated care system throughout Los Angeles County. The Bell Shelter is one of the largest shelters in the nation, and the shelter provides a significant portion of the region's crisis housing beds. The greater Salvation Army Bell Shelter complex provides a variety of supportive services and housing options; crisis housing beds are only one segment of the critical regional resources that the Salvation Army provides in the City of Bell. The crisis housing beds at the Bell Shelter are assigned through contracts with regional agencies such as LAHSA and contracts with other cities. Existing contracts provide the operations revenue for the Bell Shelter, and without these contracts the shelter would not be able to operate.
The City of Bell does not currently have a contract for crisis housing beds at the Bell Shelter.
Therefore, the City's only resource to serve unhoused individuals is the overburdened coordinated care system, which limits the City's ability to directly address local homelessness issues.
DISCUSSION:
The City of Bell and the cities surrounding the Bell Shelter face a disproportionate homelessness impact. Unhoused individuals that are transported to the Bell Shelter from the greater region and do not successfully take advantage of the services provided at the Bell Shelter or refuse to conform to the rules of the Bell Shelter increase the unhoused population in the surrounding communities and in the adjacent Los Angeles River channel. The Gateway Cities Council of Governments provided Measure H innovation funding in 2020-2021 for the City of Bell to be the lead agency in hiring a Homeless Liaison for the cities of Bell, Commerce, Cudahy, and Maywood to cooperatively address the disparate homelessness impact in the area. The work of the homelessness liaison has been critical in addressing issues within the surrounding communities, but without a secure inventory of crisis housing beds the challenges in the area are difficult to address. As a recognition of the unique impacts of homelessness in the local area around the Bell Shelter, the attached agreement would provide a secure source of crisis housing beds that the surrounding communities can access in addition to the coordinated care system. If the City Council approves this agreement in form. City staff will initiate negotiations with the cities of Commerce, Cudahy, and Maywood to sign cost sharing agreements for these crisis housing beds.
Based on the negotiations, other surrounding communities may also be invited to share the costs of this crisis housing beds agreement and the homeless liaison that is funded through December of 2021 to coordinate for the group of local cities that choose to participate. As the issue of homelessness is difficult to address and the existing shelter bed inventory is limited, it is expected that additional cities may choose to join the existing four city cooperative to improve local response as a supplement to the coordinated care system if this agreement is approved.
FISCAL IMPACT:
This agreement is not budgeted. It is critical that this agreement be approved in form before negotiations for cost sharing commence with surrounding cities so that the beds are not offered to another regional agency or city. There is a high demand for these beds, and any delay in responding to this opportunity will result in the loss of these beds to another agency or city. The total cost of the agreement to the City of Bell will be determined in the future by the cost sharing sub-agreements that are signed with surrounding communities. The final crisis housing agreement and cost sharing sub-agreements will be provided at a future City Council meeting after negotiations are completed and participating communities determine their crisis shelter bed needs. Funds are available in the next three years for these crises shelter beds through Bell Community Housing Authority funds and upcoming local homelessness funds from the California Comeback Plan that Governor Newsom signed on July 19, 2021. Long term funds for homeless services can be achieved through reorganization of the Bell Community Housing Authority operations and assets.
ATTACHMENTS:
1. Crisis Housing Agreement
AGREEMENT
THIS AGREEMENT ("Agreement") is made by and between (1) The Salvation Army, a California corporation, located at 16941 Keegan Avenue, Carson, CA 90746 and designated by Federal Employer Identification Number 94-1156347 ("TSA"), acting through its Bell Shelter; and (2) The City of Bell ("Collaborator"). (Collectively, TSA and Contractor shall be referred to as "the Parties," and either individually shall be a "Party.") WHEREAS TSA and Collaborator have identified substantially similar goals to serve the community in which they both currently operate; and
WHEREAS TSA and Collaborator wish to continue to work separately toward those goals but could each benefit by the coordination of certain services; and
WHEREAS Collaborator represents to TSA that the information indicated applies to Collaborator:
Type of Entity: □ Individual
□ Sole proprietorship
□ Corporation, O nonprofit □ for profit
organized under the laws of the State of
□ Partnership
organized under the laws of the State of
S Government Agency
Employer Identification Number:
NOW THEREFORE, the Parties hereto agree as follows:
1. Scope of Services. TSA and Collaborator will work together as they determine possible, each in its individual discretion and subject to the terms and conditions of agreements, as well as the applicable federal, state, and local laws and regulations that govern the Parties' individual operations. TSA shall provide the services described in Exhibit A, and Collaborator shall provide the services described in Exhibit B, both attached hereto and made a part hereof as though set forth in full.
2. No Partnership. No Joint Venture. No Emplovment. Each Party represents that does not intend to create a partnership or joint venture and the Parties agree that nothing in this agreement shall be construed to create a partnership or joint venture between the Parties. Each Party is providing services separately for the community, as more particularly described below, and not as an employee or agent of another Party. Each Party shall be wholly responsible for its own work, which is neither directed by nor under the control of any other Party.
a. Employees furnished by either Party ("Furnishing Party"), if any, shall be deemed solely those of Furnishing Party and under Furnishing Party's exclusive control. Furnishing Party shall assume exclusive responsibility (i) for payment of the salaries or wages of said employees, and (ii) to satisfy any legal obligations or reports relating to their employment, including but not limited to Social Security, unemployment insurance, workers' compensation, federal or state tax- withholding requirements, tax obligations, and any related reporting requirements. b. All employees of the Parties shall be bound by this Agreement. Neither Party nor its employees shall be entitled to workers' compensation, employee medical-plan benefits, or any other employment benefits that the other Party provides to its regular, full-time employees.
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c. The Parties expressly represent and warrant to each other that: (1) each Party is not and shall not be construed to be an employee of the other, that the Parties' status shall be that of independent contractors, and that each Party is solely responsible for its actions and inaction; (2) each Party shall act solely as an independent contractor, not as an employee or agent of the other; and (3) neither Party is authorized to enter into contracts or agreements on behalf of the other Party or to otherwise create obligations of the other Party of any kind to third parties.
3. Term of Contract. The term of this contract shall be from August 1, 2021 to June 30, 2022. Notwithstanding the foregoing, this Agreement may be terminated at the convenience of either Party on thirty (30) days' written notice to the other Party. On termination, each Party shall cease to perform any additional services.
Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.
4. Compensation and Pavment. The Parties agree that payment for the performance of services rendered by TSA under this Agreement shall be at the rate of $60 per bed night for 40 beds during the Term, which covers a total of 334 days. The maximum compensation payable under this agreement shall be $801,600. TSA will submit a monthly invoice to Collaborator for payment in arrears for the prior month.
5. Indemnification and Legal Compliance.
a. Each Party (the "Indemnifying Party") shall indemnify, hold harmless, and, at the request of the other Party, defend the other Party (the "Indemnified Party") from and against any and all claims, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys' fees, established by judgment, alternative-resolution award, or determination of any administrative or regulatory body asserting authority over either Party or the subject matter of this Agreement, arising from (a) any material breach of any provision of this Agreement or (b) the negligence or willful misconduct in the performance of obligations hereunder by the Indemnifying Party or any employee, agent, or other representative of the Indemnifying Party.
b. The provisions of this Section 5 shall survive the expiration or termination of this Agreement with respect to any claims or liability arising prior to such expiration or termination. c. Each Party agrees, represents, and warrants to the other that it will abide by any and all laws, regulations, or other legal requirements applicable to its performing this Agreement. Each Party represents and warrants that it is not debarred or suspended from contracting with any government entity, and each Party will inform the other within five days if it becomes so. Each Party will notify the other within five days if it becomes subject to an investigation regarding its compliance with any laws, regulations, or other legal requirements applicable to its performance of services under this Agreement.
6. Insurance.
a. TSA shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
S Commercial General Liability insurance; said policy shall be written with limits no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
S Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
^ Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
S Professional Liability insurance; said policy shall be written with limits no less than $1,000,000 per claim.
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b. Collaborator shall obtain and maintain throughout the term of this Agreement policies of insurance as required by law and described more particularly below:
S Commercial General Liability insurance; said policy shall be written with limits no less than $ 1,000,000 per occurrence and $ 1,000,000 general aggregate. lEI Business/Commercial Automobile Liability insurance; said policy shall be written with a combined single limit no less than $1,000,000.
^ Worker's Compensation insurance shall be written with limits in conformity with the laws of the state in which services are performed.
13 Professional Liability insurance; said policy shall be written with limits no less than $ 1,000,000 per claim.
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7. Additional Provisions. Collaborator acknowledges that this Agreement □ is I3 is not subject to the provisions of one or more agreements for funding, attached hereto as Exhibit(s) and made a part hereof as though set forth in full. If this Agreement is subject to such provisions, then Collaborator represents that Collaborator has read and agrees to comply with them in any way that they are applicable to Collaborator and as further made applicable to Collaborator by virtue of this Agreement. Initials ! .
8. Reports and Auditing. Each Party, when requested, shall provide written reports to the other with respect to the services rendered hereunder. Each Party agrees to make available to the other Party all records necessary to verify its compliance with this Agreement, including, but not limited to schedules, wage records, payment records, receipts, and financial statements, all upon reasonable written notice or as required by law. Each Party agrees that any documents or records prepared for or provided to the other under this Section 8 will remain confidential unless otherwise required by law or expressly agreed in writing by the disclosing Party.
9. Confidentialitv. Each Party agrees to abide by any requests for confidentiality that the other should make, provided that the requests are specific and directed to particular services or documents, including correspondence and emails. The Parties agree to treat all information related to third parties served under the scope of services of this Agreement as confidential, and each Party further agrees not to disclose such information without the prior, written consent of the person served and the other Party to this Agreement. The nature of the services provided under this contract □ does 3 does not implicate the provisions of confidentiality laws or regulations requiring a specific kind of contract governing information sharing between the Parties, which if implicated is attached hereto as Exhibit and made a part hereof as though set forth in full.
10. Subcontracting and Assignment. Neither Party may subcontract, delegate, nor assign any right or obligation under this Agreement to any third party without the prior, express, written consent of the other Party. Any such attempt to assign, delegate, or subcontract without proper approval shall be void. Notwithstanding the foregoing, it is the understanding of the Parties that Collaborator intends to coordinate with other local cities for purposes of fully utilizing the shelter beds contemplated in this agreement to serve as many participants as possible, and it is understood that Collaborator will generate sub-Agreements with these cities in consultation with TSA and which sub-Agreements will be subject to TSA final written consent.
11. No Third-Partv Beneficiarv. This Agreement is made solely for the benefit of the Parties, including their respective successors and assigns subject to the terms of this Agreement, and no other person or entity may have or acquire any right by virtue of this Agreement, including without limitation those clients served under its scope of work.
12. Conflict of Interest. Each Party shall timely disclose to the other any relationship with any third party creating a potential conflict of interest, including other employment relationships, contracts, family and business