AGREEMENT NUMBER: AO-24-006
FUNDING AGREEMENT WITH THE CITY OF REDONDO BEACH
EXPANSION OF THE REDONDO BEACH PALLET SHELTER
THIS AGREEMENT ("Agreement") is made and entered into this day of 2024.
BY COUNTY OF LOS ANGELES, a body corporate and
politic, and a subdivision of the State of California,
hereinafter referred to as (the "County"),
AND CITY OF REDONDO BEACH, a Chartered Municipal Corporation, hereinafter referred to as (the "City").
RECITALS
WHEREAS, in December 2020, the City constructed a 15-unit pallet emergency interim housing for people experiencing homelessness ("PEH") at 1521 1/2 Kingsdale Avenue in the City of Redondo Beach; and in September 2022, the City added five more units at the site for a total of 20 units ("Pallet Shelter");
WHEREAS, on January 10, 2023, the Los Angeles County Board of Supervisors ("Board") declared a local emergency on homelessness in Los Angeles County due to the existence of conditions of extreme peril to the safety of persons on the basis of pervasive and pernicious homelessness in the County (“Homeless Emergency”); WHEREAS, on February 7, 2023, the Board authorized the Chief Executive Officer ("CEO"), or her designees, to enter into and/or amend agreements, for professional and other services, approved as to form by County Counsel, that support the Homeless Emergency and PEH missions within the County, through expedited and streamlined contracting processes, including the non-adherence of the County’s sole source policy and other competitive procurement requirements, and terminate said agreements as necessary; WHEREAS, the City has identified a vacant lot immediately north of and contiguous to the site of the Pallet Shelter for the construction of 25 additional units to be used as emergency interim housing for PEH ("Project") and has requested funding from County; WHEREAS, pursuant to Government Code section 26227, the Board may appropriate and expend money to establish County programs or to fund other programs deemed to be necessary to meet the social needs of the population of the County;
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
WHEREAS, County’s Board of Supervisors Second Supervisorial District is desirous of providing funding in the amount up to $800,000 in Homeless Services funds to the City to support the Project;
WHEREAS, the City agrees to expend the County's Homeless Services funds exclusively for the Project, which is of significance for the population of Los Angeles County as the site will be used for emergency interim housing for PEH to be safely housed while they create, and complete housing plans and behavioral health plans as needed to become permanently housed; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows:
1.0 THE PROJECT
1.1 Pursuant to the provisions of this Agreement, the City shall fully perform, complete, and deliver on time, all tasks, deliverables, services and other work as set forth herein and Exhibit A, Statement of Work, and Exhibit B, Pricing Schedule, which are attached and incorporated herein by reference. If the City provides any tasks, deliverables, goods, services, or other work, other than as specified in this Agreement, the same shall be deemed to be a gratuitous effort on the part of the City, and the City shall have no claim whatsoever against the County.
1.2 As applicable, any improvements funded pursuant to this Agreement are subject to the provisions and requirements of the California Environmental Quality Act ("CEQA"). The City shall be fully responsible for compliance with the provisions of CEQA.
1.3 As applicable, the City intends to solicit and subcontract with any number of licensed professional firms for design, architectural and civil and structural engineering services, geotechnical and materials testing and inspection services, environmental consultant services and construction cost estimating services for the capital improvement project development activities, and with a construction general contractor(s) for work performed on the Project. All appropriate provisions and requirements of this Agreement shall apply to the sub- agreements. The City shall be responsible for performance of the aforementioned subcontractors.
1.4 The City shall require that all persons working on the Project be paid not less than applicable prevailing wage rates in accordance with California Labor Code section 1771.
1.5 The City and the County agree that the liability of the County herein shall be limited to the payment of the County Funds pursuant to the terms of this Agreement. Any contracts entered into or other obligations or liabilities incurred
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
by the City in connection with the activities provided for herein or otherwise relating to this Agreement shall be the sole responsibility of the City, and the County shall have no obligation or liability whatsoever thereunder.
2.0 AGREEMENT TERM
The term of the Agreement will be from the Effective Date, as defined in Section 13.0, until June 30, 2025, unless sooner terminated or extended, in whole or in part, as provided in this Agreement.
3.0 FUNDING
3.1 The County hereby allocates to the City an amount not to exceed $800,000 for the Agreement Term and as set forth in Exhibit B, Pricing Schedule, to support the construction of the Project, as described in this Agreement and Exhibit A, Statement of Work. Any costs incurred to complete this Agreement in excess of the maximum not-to-exceed cost will be borne by the City.
3.2 The City agrees to expend County Funds exclusively for the Project, as further described in Exhibit A, Statement of Work.
3.3 The City must invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in Exhibit A, Statement of Work, and Exhibit B, Pricing Schedule. The City must prepare invoices, which will include the charges owed to the City by the County under the terms of this Agreement.
3.4 The City’s invoices must be priced in accordance with Exhibit B, Pricing Schedule. The City will be paid only for the tasks, deliverables, goods, and services approved by the County.
3.5 The County Funds will be paid to the City within thirty (30) days in accordance with Exhibit A, Statement of Work, and Exhibit B, Pricing Schedule.
3.6 The County reserves the right to discontinue funding the Project if the City and County mutually agree: (1) there has not been reasonable progress with the Project, (2) the County determines that the City is incapable of satisfactorily completing the Project, or (3) the content of any required written reports, including Project Status Reports, Expenditure Reports, and Project Final Report are unsatisfactory. The County shall provide the City with notice of any such potential discontinuity of funding and a reasonable opportunity to cure any deficiencies in performance prior to discontinuing Project funding. In the event of discontinuation of funding by the County, any unexpended funds shall immediately be returned to the County. Any such decision to discontinue funding shall be made by the County's CEO or her designee.
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
4.0 DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS
TRANSFER
4.1 The County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement/contract with the County will be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).
4.2 The City must submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov with banking and vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
4.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit will supersede this requirement with respect to those payments.
4.4 At any time during the duration of the Agreement, the City may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary.
The A-C, in consultation with the contracting department(s), will decide whether to approve exemption requests.
5.0 COUNTY’S RIGHT TO RETURN OF FUNDS OR PROPERTY
5.1 Any County Funds not used by the City for the purposes of the Project, as further described in the Statement of Work, Exhibit A, shall remain the property of the County, and the City shall, upon request by the County, promptly repay the County any such County Funds.
5.2 If there are any unused County Funds at the expiration or termination of the Agreement term, the City shall promptly return any such County Funds.
5.3 The County reserves the right to take possession of any property purchased with misused and/or unused County Funds if the City fails to make timely repayment of the County Funds.
5.4 Nothing contained in this Section 5.0 shall limit or prevent the County from taking any and all action to seek repayment of unused County Funds or the County Funds which were not used in accordance with the terms of this Agreement.
6.0 INDEMNITY, INSURANCE AND RECORDS RETENTION
6.1 Indemnity
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
The City agrees to indemnify, defend, and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County indemnitees") from and against any and all liability, actions, causes of action, or expense of any kind, including, but not limited to, defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the City activities, operations or services relating to the Project, including any workers' compensation suits, Federal Fair Labor Standards Act, State wage or hour law violations, liability, or expense, arising from or connected with services performed by or on behalf of the City by any person pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County indemnitees.
6.2 Insurance
Without limiting the City's indemnification of the County, the City shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the County's Risk Manager and evidence of such programs satisfactory to the County shall be delivered to the County' on or before the effective date of this Agreement. Such evidence shall specifically identify this Agreement and shall contain express conditions that the County is to be given written notice at least thirty (30) days in advance of any modification or termination of any program of insurance. All such insurance, except for Workers' Compensation, shall be primary to and not contributing with any other insurance or self-insurance coverage maintained by the County and shall name the County of Los Angeles as an additional insured. a. Commercial General and Auto Liability: with limits of not less than $1 million per occurrence.
b. Workers' Compensation:
A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, and which specifically covers all persons providing services by or on behalf of the City and all risks to such persons under this Agreement and including Employer's Liability coverage with a $1 million per limit. c. Crime Insurance:
A comprehensive blanket crime insurance policy with each insuring agreement in an amount not less than $25,000, insuring against loss of money, securities, or other property referred to hereunder which may result from:
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
(1) Dishonesty or fraudulent acts of officers, directors, or employees of City, or
(2) Disappearance, destruction or wrongful abstraction inside or outside the premises or the City, while in the care, custody or control of the City, or
(3) Sustained through forgery or direction to pay a certain sum in money.
d. Property Coverage:
If, under the terms of this Agreement, the City shall have possession of rented or leased or be loaned any County- owned real or personal property, the City shall provide:
(1) For real property: insurance providing special form ("all risk") coverage for the full replacement value.
(2) For personal property: insurance providing special form ("all risk") coverage for the actual cash value.
6.3 Records Retention and Inspection:
Within ten (10) days of the County CEO or her designee's written request, the City shall allow the County access to financial and program records during regular business hours at any place the City keeps those records.
7.0 FINANCIAL RECORDS AND AUDITING
7.1 The City agrees to maintain satisfactory financial accounts, documents, and records of the expenditure of the County Funds and to make them available to the County for auditing at reasonable times. The City also agrees to retain such financial accounts, documents, and records for five (5) years following termination of this Agreement.
7.2 The City agrees to use a generally accepted accounting system. The City also agrees to maintain, and make available for County inspection, accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.
7.3. At any time during the term of this Agreement or at any time within five (5) years of the expiration or other termination of this Agreement, authorized representatives of the County may conduct an audit of the City records for the purpose of verifying appropriateness and validity of expenditures of County Funds under the terms of this Agreement.
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
7.4 The City, within thirty (30) days of notification from the County of its audit findings, may dispute the audit findings in writing to the County and provide the County with records and/or documentation to support the expenditure claims.
The County shall review this documentation and make a final determination as to the validity of the expenditures.
7.5 The City will provide the County's CEO within one hundred twenty (120) days after the end of the fiscal year in which the Project was completed, a report itemizing actual expenditures funded by monies received pursuant to this Agreement.
7.6 It is understood and agreed that any funds paid to the City hereunder may only be used for the purposes specified in this Agreement. In furtherance of this understanding, it is agreed that should the County determine that any funds paid to the City hereunder have been used for purposes other than those authorized by this Agreement, the City is required to immediately refund any such improperly used funds to the County.
8.0 CONFLICT OF INTEREST
The City covenants that neither the City nor any of its agents, officers, employees, or sub-contractors who presently exercise any function of responsibility in connection with the program has a personal interest, direct or indirect, in the Agreement, except to the extent he or she may receive compensation for his or her performance pursuant to this Agreement.
The City, its agents, officers, employees, and sub-contractors shall comply with all applicable Federal, State and County laws and regulations governing conflict of interest.
9.0 AUTHORITY
The City warrants and certifies that it possesses the legal authority to execute this Agreement and to undertake the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the City's governing body, authorizing receipt of the County Funds, and directing and designating the authorized representative(s) of the City to act in connection with the Project specified and to provide such additional information as may be required by the County.
10.0 STANDARD TERMS AND CONDITIONS
10.1 Amendments
For any change which affects the scope of work, agreement term, agreement sum, payments, or any term or condition included under this Agreement, an amendment to the Agreement must be prepared and executed by the City and by the County.
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
The County’s Board or CEO or designee may require the addition and/or change of certain terms and conditions in the Agreement during the term of this Agreement. The County reserves the right to add and/or change such provisions as required by the County’s Board or CEO. To implement such changes, an Amendment to the Agreement must be prepared and executed by the City and by the County.
The County, may at their sole discretion, authorize extensions of time as defined in Paragraph 2.0 (Agreement Term).The City may request extensions of time as defined in Paragraph 2.0 (Agreement Term) by submitting a written request to the County, demonstrating good cause for the extension. The County shall review the request and shall not unreasonably withhold approval of a reasonable extension of time. The County shall respond to the City's request within ten (10) business days of receipt. If the County fails to respond within this period, the requested extension shall be deemed approved. The City agrees that such extensions of time will not change any other term or condition of this Agreement during the period of such extensions. To implement an extension of time, an Amendment to the Agreement must be prepared and executed by the City and by the County.
Except as otherwise provided herein, any amendment(s) to this Agreement shall be at the mutual consent of the County and the City and shall be executed by an authorized designee of the County and approved as to form for the County by County Counsel.
10.2 Independent Contractor
This Agreement is by and between the County and the City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
The City shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Agreement all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, disability benefits, Federal, State, or local taxes, worker's compensation benefits or other compensation, benefits, or taxes for any personnel provided by or on behalf of the City.
10.3 Subcontracting
The requirements of this Contract may not be subcontracted by the City without the advance written approval of the County. Any attempt by the City to
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
subcontract without first obtaining prior written approval and the prior consent of the County may be deemed a material breach of this Contract.
10.3.1 If the City desires to subcontract, the City shall provide the following information promptly to the County:
A description of the work to be performed by the Subcontractor; A draft copy of the proposed subcontract; and
Other pertinent information and/or certifications requested by the County.
10.3.2 The City shall indemnify and hold the County harmless with respect to the activities of each and every Subcontractor in the same manner and to the same degree as if such Subcontractor(s) were the City employees.
10.3.3 The City shall remain fully responsible for all performances required of it under this Contract, including those that the City has determined to subcontract, notwithstanding the County’s approval of the City’s proposed subcontract.
10.3.4 The County’s consent to subcontract shall not waive the County’s right to prior and continuing approval of any and all personnel, including Subcontractor employees, providing services under this Contract. The City is responsible to notify its Subcontractors of this County right.
10.3.5 The City shall be solely liable and responsible for all payments or other compensation to all Subcontractors and their officers, employees, agents, and successors in interest arising through services performed hereunder, notwithstanding the County’s consent to subcontract.
10.3.6 City shall include all Subcontractors as insureds under City’s own policies or shall provide County with each Subcontractor’s separate evidence of insurance coverage. City shall be responsible for verifying each Subcontractor complies with the required insurance provisions set forth in this Contract.
10.4 City's Compliance with County's Defaulted Property Tax Reduction Program The City acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through any contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the City qualifies for an exemption or exclusion, the City warrants and certifies that, to the best of its knowledge, it is now in compliance, and during the term of this Agreement will maintain compliance, with Los Angeles County Code Chapter 2.206.
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
10.5 OSHA/CAL-OSHA Compliance
The City shall comply with the provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. § 661, et seq.) and the California Occupational Safety and Health Act (Chapter 993 of the 1973 Statutes of California).
10.6 Fair Labor
The City must comply with all applicable provisions of the Federal Fair Labor Standards Act and must indemnify, defend, and hold harmless the County and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the City’s employees for which the County may be found jointly or solely liable.
10.7 Citizenship
The City warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet citizenship or alien status requirements contained in Federal statutes and regulations. The City shall indemnify, defend, and hold harmless, the County, its officers and employees from employer sanctions and any other liability that may be assessed against the City or the County, or both, in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement.
10.8 Nondiscrimination
The City certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations.
10.9 County Lobbyists
The City and each County lobbyist or County lobbying firm as defined in Los Angeles County Code Section 2.160.010, retained by the City, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160,. Failure on the part of the City or any County lobbyist or County lobbying firm retained by the City to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which the County may immediately terminate or suspend this Agreement.
10.10 Recycled Bond Paper
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
Consistent with the Board's policy to reduce the amount of solid waste deposited at County landfills, the City agrees to use recycled-content paper to the maximum extent possible on the Project.
10.11 Notice to Employees Regarding the Federal Earned Income Credit The City shall notify its employees and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice 1015.
10.12 Consideration of GAIN/START Program Participants
Should the City require additional or replacement personnel after the effective date of this Agreement, the City will give consideration for any such employment openings to participants in the County‘s Department of Public Social Services Greater Avenues for Independence (GAIN) Program or Skills and Training to Achieve Readiness for Tomorrow (START) Program who meet the City’s minimum qualifications for the open position. For this purpose, consideration will mean that the City will interview qualified candidates. The County will refer GAIN/START participants by job category to the City. Cities must report all job openings with job requirements to:
[email protected] and
[email protected] and DPSS will refer
qualified GAIN/START job candidates. In the event that both laid-off County employees and GAIN/START participants are available for hiring, County employees must be given first priority.
10.13 Suspension and Terminations
The City agrees to suspend using County Funds on Project operations or otherwise for a period not to exceed sixty (60) working days effective immediately upon written notice of suspension from the County. This provision may be applied if, in the judgment of the County circumstances exist which could result in illegal or inappropriate expenditures of County Funds. The County's CEO or her designee may terminate this Agreement immediately by written notice to the City upon City's failure to comply with the provisions of this Agreement. It is also understood and agreed, however, that should the County determine that City's failure to perform relates to only part of the Project, the County, in its sole discretion, may elect to terminate only that part of the Agreement which shall in no way void or invalidate the rest of this Agreement.
In the event of termination of all or part of this Agreement, the County shall be entitled to reimbursement of the portion of the County Funds not yet used by the City.
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
If this Agreement is terminated, the City shall within five (5) days of receipt of notice of termination from County, notify all other parties who are subcontractors of the City of such termination.
Nothing contained herein shall limit or prevent the County from seeking repayment of County Funds already used by the City which were not used in accordance with the conditions of this Agreement.
10.14 Termination for Default
This Agreement may be terminated immediately in whole or in part by the County by providing to the City a written Notice of Default if 1) the City fails to perform the work or progress toward achieving the objectives of the Project within the time specified in this Agreement or any extensions approved by the County, 2) the City fails to perform any other covenant or conditions of this Agreement, or 3) the City misuses the County Funds. In its sole discretion, the County may include in the Notice of Default a period of time for the City to cure the Default(s).
10.15 Termination for Convenience
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County, in its sole discretion, to be in its best interest. Termination of use of County Funds for the Project or otherwise shall be affected by notice of termination to the City specifying the extent to which the Agreement is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be specified in the termination notice.
After receipt of a notice of termination and except as otherwise directed by the County, the City shall stop using County Funds under this Agreement on the date and to the extent specified in such notice.
10.16 Termination for Improper Consideration
The County may, by written notice to the City, immediately terminate the right of the City to proceed under this City if it is found that consideration, in any form, was offered or given by the City, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing the Agreement or securing favorable treatment with respect to the award, amendment, or extension of the Agreement or the making of any determinations with respect to the City’s performance pursuant to the Agreement. In the event of such termination, the County will be entitled to pursue the same remedies against the City as it could pursue in the event of default by the City.
The City must immediately report any attempt by a County officer, employee, or agent to solicit such improper consideration. The report must be made to the
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
Los Angeles County Fraud Hotline at (800) 544-6861 or
https://fraud.lacounty.gov/.
Among other items, such improper consideration may take the form of cash; discounts; services; the provision of travel, entertainment, or tangible gifts.
10.17 Termination for Nonadherence to County Lobbyists Ordinance The City, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the City, must fully comply with the County’s Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the City or any County Lobbyist or County Lobbying firm retained by the City to fully comply with the County’s Lobbyist Ordinance will constitute a material breach of this Agreement, upon which the County may in its sole discretion, immediately terminate or suspend this Agreement.
10.18 Termination for Breach of Warranty of Compliance with the County's Defaulted Property Tax Reduction Program
The City acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contracts are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County taxpayers. Unless the City qualifies for an exemption or exclusion, the City warrants and certifies that to the best of its knowledge, it is now in compliance, and during the term of this Agreement will maintain compliance, with the Los Angeles County Code Chapter 2.206.
Failure of the City to maintain compliance with these requirements shall constitute default under this Agreement. Without limiting the rights and remedies available to County under any other provision of this Agreement, failure of the City to cure such default within ten days of notice shall be grounds upon which County may terminate this Agreement and/or pursue debarment of the City, pursuant to County Code Chapter 2.206.
10.19 City’s Acknowledgment of County's Commitment to Child Support Enforcement/Termination for Failure to Comply
The City acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. The City understands that it is the County’s policy to encourage all County contractors to voluntarily post the County’s poster in a prominent position at the City’s place of business. The City will also encourage its subcontractors, if any, to post this poster in a prominent position in the subcontractor’s place of business. Information and posters for printing are available at https://lacounty.gov/residents/familyservices/child-safety/safe-surrender/.”
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
The City must notify and provide to its employees and will require each subcontractor to notify and provide to its employees, information regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. Additional information is available at https://lacounty.gov/residents/family- services/child-safety/safe-surrender/.”
10.20 Scope of Application
The terms and conditions set forth in this Agreement apply solely to the subject matter described herein. These provisions are limited to the specific project and scope of services defined within the four corners of this Agreement, including attached exhibits. They do not extend to other agreements, projects, or matters not explicitly addressed in this document.
11.0 NOTICES AND APPROVALS
All notices and approvals shall be directed to and made by the following representatives of the parties:
a. To the County:
Chief Executive Office Homeless Initiative Division
Kenneth Hahn Hall of Administration, Room 493 500 West Temple Street Los Angeles, CA 90012 Attn: Courtney Price
Email: [email protected]
b. To the City:
City of Redondo Beach
415 Diamond Street Redondo Beach, CA 90277
Attn: Joy Ford, Senior Deputy City Prosecutor
Michael W. Webb, City Attorney
Emails: [email protected], [email protected]
12.0 SEVERABILITY
If any provision of this Agreement, or the application thereof, is held to be invalid, that invalidity shall not affect other provisions or applications of the Agreement that can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are severable.
13.0 EFFECTIVE DATE
After the Agreement has been executed by the City's authorized representative, the effective date of the Agreement shall be the date that the Agreement is fully executed by the County's CEO or her designee.
14.0 COMPLIANCE WITH LAW
The City shall comply with all applicable federal, state, County, and local laws,
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
statutes, ordinances, codes, rules, regulations, directives, and policies in connection with its activities pursuant to this Agreement, including but not limited to CEQA, environmental laws, fair housing laws, prevailing wage laws, zoning laws, building codes and regulations, and laws relating to accessibility to, usability by, and discrimination against, disabled individuals.
15.0 GOVERNING LAWS, JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, the City and the County agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning this Agreement and further agree and consent that venue of any action brought in connection with or arising out of this Agreement, shall be exclusively in the County of Los Angeles.
16.0 RIGHTS AND REMEDIES NOT EXCLUSIVE
The rights and remedies of the County provided in any given paragraph, as well as throughout the Agreement, are not exclusive and are cumulative with any and all other rights and remedies under the Agreement, at law, or in equity. ///
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FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
IN WITNESS WHEREOF, City has executed this Agreement, or caused it to be duly executed by its authorized representative, and County by order of its Board, has delegated to its CEO the authority to execute this Agreement on its behalf on the date and year written below.
COUNTY OF LOS ANGELES
By
FESIA A. DAVENPORT
Chief Executive Officer
APPROVED AS TO FORM FOR THE COUNTY:
DAWYN R. HARRISON
County Counsel
By
ANA LAI
Senior Deputy County Counsel
CITY OF REDONDO BEACH
By
James A. Light, Mayor
ATTEST
By___________________________
Eleanor Manzano, City Clerk
APPROVED AS TO FORM
By
Michael W. Webb, City Attorney
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
EXHIBIT A
STATEMENT OF WORK
EXPANSION OF THE REDONDO BEACH PALLET SHELTER
1.0 OVERVIEW
In December of 2020, the City of Redondo Beach (the City) placed fifteen (15) adults from the streets into newly built tiny homes from the Pallet Company at a site located at 1521 1/2 Kingsdale Avenue in the City ("Pallet Shelter"). In September of 2022, the City added five more units, bringing the total to twenty (20) tiny homes at the Pallet Shelter. To date, fifty-five (55) adults who stayed at the Pallet Shelter have been permanently housed. That is a 56% exit rate from interim housing to permanent housing; whereas the percentage of exits from shelter to permanent housing solutions within the City’s Service Planning Area ("SPA"), SPA 8, is 17%. All twenty (20) units are always occupied, and there is always a waitlist for people experiencing street homelessness.
The City's Pallet Shelter was built and operates in partnership with the County of Los Angeles ("County"). The Pallet Shelter has a useful life of 10 years. The service provider that manages the shelter is Harbor Interfaith Services who provides full wrap-around services, including health and behavioral services, employment assistance, case-management, and housing navigation. The noncongregate setting makes residents feel safer than congregate shelters, particularly for women and elderly.
The existing Pallet Shelter is located in an industrial zone in the City. Immediately north of and contiguous to the site of the Pallet Shelter, there is a vacant lot that is the property of the City. The City Council has approved this lot for the expansion of the Pallet Shelter if funding is identified. Using this lot for the additional units would result in cost savings per bed given the original Pallet Shelter is already there.
The total cost to expand the Pallet Shelter is estimated to be up to $1,568,000. Los Angeles County Supervisorial District Two is contributing $800,000 to the City for the capital cost of expanding the Pallet Shelter.
2.0 PROJECT
The Project funded in part by this agreement will support the City to add twentyfive (25) units at the identified lot immediately north of and contiguous to the Pallet Shelter located at 1521 1/2 Kingsdale Avenue in the City to be used as emergency interim housing for people experiencing homelessness so that they can be safely
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
housed while they create, and complete housing plans and behavioral health plans as needed to become permanently housed.
3.0 TASKS/DELIVERABLES
The City shall complete the following tasks and deliverables:
Task
No.
Task Deliverable
1 Site Plan
Plans will be developed that incorporate grading of
the property to meet existing land conditions and
incorporate ADA access, shelter pad placement,
sewer grading for restrooms and general
accessibility.
Within 30 days of
approval of the Site
Plan, provide a
copy to County.
2 Electrical Engineering
The electrical infrastructure of the original shelter
was designed for a temporary facility with a sixmonth to one-year lifespan. This was done utilizing temporary power poles to provide electricity to the
shelter and office units. While this setup has worked
effectively, it was installed as a temporary measure.
An expanded shelter would need to have permanent
electrical supplied to the site through the installation of long-term support structures. It should be noted
that Southern California Edison is likely to require
the City to proceed with a permanent electrical
installation at the existing pallet site, irrespective of expansion.
Within 30 days of
completion, provide
County with proof of
permanent
electrical
installations.
3 Building Plan Design and Architecture
The original shelter was based on a temporary
concept. New longer-term structure installation will
be required to be supported with restroom and
shower facilities, electrical, mechanical, and
plumbing that meet current housing standards, and
level foundations to anchor the units in a more
permanent fashion. Architectural and planning
designs would need to be developed for review by
LACHD Building & Safety, and the Fire Department.
Within 30 days of
completion, City to
provide County with
documentation of
installation of
required electrical,
mechanical, and
plumbing.
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
4 Grading, Paving and Accessibility and Retainment/
Construction and Installation
Constructing and installing 25 new shelter units and
support elements will require grading, paving, and
accessibility upgrades, as well as the addition of
permanent electrical and plumbing services to
current code standards. The upgrades will serve
purposes beyond the pallet shelter program. The
electrical upgrades will be helpful for maintenance
and operations. It is likely that the permanent power
would be used to charge equipment batteries and
vehicles and provide onsite lighting and camera
security.
Within 30 days of
completion, City to
provide upon
receipt proof of
permitting for
grading, paving,
and other
upgrades.
5 Electrical and Plumbing
The City will complete all necessary electrical work
on site. The City will complete all necessary
plumbing work on the site.
Within 30 days of
completion, provide
County with a copy
of completed
electrical and
plumbing work.
6 Restroom and Showers
The City will ensure that restrooms and showers are
built to adequately accommodate the additional
shelters.
Within 30 days of
completion, provide
County with
documentation for
the added restroom
and shower
facilities
FUNDING AGREEMENT FOR EXPANSION OF REDONDO BEACH PALLET SHELTER AGREEMENT NUMBER: AO-24-006
EXHIBIT B
PRICING SCHEDULE
EXPANSION OF THE REDONDO BEACH PALLET SHELTER
MAXIMUM NOT TO EXCEED CONTRACT COST/SET FEE: $800,000 for tasks and deliverables rendered consistent with the Statement of Work, Exhibit A, during the Agreement Term of this Agreement at the direction of the County Project Manager.
Payment shall be made in arrears in a manner subject to the conditions as set forth here and in Section 3.0, Funding, Paragraph 3.1 of this Agreement. Any costs incurred to complete this project in excess of the maximum not-to-exceed cost shall be borne by the City.
TASKS AND DELIVERABLES TO BE COMPLETED:
Site Plan $50,000
Electrical Engineering $50,000
Building Plan Design and Architecture $75,000
Grading, Paving and Accessibility and
Retainment/Construction and Installation
$245,000
Electrical and Plumbing $285,000
Restroom and Showers $95,000
TOTAL $800,000
*Changes within line items and/or categories require written authorization from the County Project Manager. Written authorization may be defined to include letter, email, and fax.
An amendment is not required for changes within line items of a funding category, not to exceed the maximum contract amount.