Version: January 2021
AGREEMENT AMENDMENT NO. 1
TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH
TINA LA PERLE AND THE CITY OF SALINAS
FOR HOMELESS SERVICES INTERVENTION AND COORDINATION
This Amendment No. 1 to the original Agreement for Professional Services (Amendment) is entered into this 18
th day of October 2022, by and between the City of Salinas (City) and Tina La Perle, (Contractor). City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Professional Services, Agreement No. 22ERF01, for Homeless Services Intervention and Coordination effective on July 1, 2022, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (Agreement); and
WHEREAS, the City and Contractor desire to amend the Agreement to extend term or services by the Consultant and to reflect the revised compensation to the be paid to the Consultant.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, Section 2 - Term; Completion Schedule, is amended to extend the termination of the term of service to be provided by the Consultant from October 31, 2022, to December 31, 2022.
2. The Agreement, Section 3 - Compensation, is amended to increase the compensation amount by $20,000.00 (Twenty Thousand Dollars and Zero Cents) for a total of $71,000.00 (Seventy-One Thousand Dollars and Zero Cents). Funding will be from a combination of HUD ESG-CV funds, ERF and County ARPA funds.
3. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
City of Salinas Contractor:
Steven S. Carrigan, City Manager Tina La Perle, Consultant APPROVED AS TO FORM:
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
Form: Professional Services Agreement v. January 2021
Tina La Perle
July 2021
FY 2022-2023 AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND
TINA LA PERLE
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Contents
RECITALS ..................................................................................................................................... 1 TERMS ........................................................................................................................................... 1
1. Scope of Service. ................................................................................................................. 1
2. Term; Completion Schedule. ............................................................................................... 1
3. Compensation. ..................................................................................................................... 1
4. Billing. ................................................................................................................................. 2
5. Meet & Confer. .................................................................................................................... 2
6. Additional Copies................................................................................................................. 2
7. Responsibility of Consultant................................................................................................ 2
8. Responsibility of City. ......................................................................................................... 2
9. Acceptance of Work Not a Release. .................................................................................... 3
10. Indemnification and Hold Harmless. ................................................................................... 3
11. Insurance.............................................................................................................................. 3
12. Access to Records................................................................................................................ 3
13. Non-Assignability................................................................................................................ 3
14. Changes to Scope of Work. ................................................................................................. 4
15. Ownership of Documents. ................................................................................................... 4
16. Termination.......................................................................................................................... 4
17. Compliance with Laws, Rules, and Regulations. ................................................................ 5
18. Exhibits Incorporated........................................................................................................... 5
19. Independent Contractor........................................................................................................ 5
20. Integration and Entire Agreement........................................................................................ 5
21. Jurisdiction and Venue......................................................................................................... 5
22. Severability .......................................................................................................................... 6
23. Notices. ................................................................................................................................ 6
24. Nondiscrimination................................................................................................................ 6
25. Conflict of Interest. .............................................................................................................. 6
26. Headings. ............................................................................................................................. 7
27. Attorneys’ Fees.................................................................................................................... 7
28. Non-Exclusive Agreement................................................................................................... 7
29. Rights and Obligations Under Agreement........................................................................... 7
30. Licenses................................................................................................................................ 7 DocuSign Envelope ID: DE1EBB4E-5326-446E-97BE-AE26F655CC17 Form: Professional Services Agreement v. January 2021 ii Tina La Perle
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31. Counterparts......................................................................................................................... 7
32. Legal Representation. .......................................................................................................... 7
33. Joint Representation............................................................................................................. 7
34. Warranty of Authority.......................................................................................................... 8
35. No Waiver of Rights. ........................................................................................................... 8 Exhibit A- Insurance Requirements................................................................................................ 9 Exhibit B - Scope of Service and Compensation.......................................................................... 12 DocuSign Envelope ID: DE1EBB4E-5326-446E-97BE-AE26F655CC17 Form: Professional Services Agreement v. January 2021 Page 1 of 12 Tina La Perle
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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SALINAS AND TINA LA PERLE
FOR
HOMELESS SERVICES INTERVENTION AND COORDINATION
FOR FY 2022-2023
Agreement No. 22ERF01
This Agreement for Professional Services (the “Agreement” and/or “Contract”) is made and entered into this 15
th day of June, 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”), and Tina La Perle, an individual (hereinafter “Consultant”).
RECITALS
WHEREAS, funding for this Agreement will be provided from Project Roomkey (PRK) from the County of Monterey, American Rescue Plan Act (ARPA) Funds form the County of Monterey, and Encampment Resolution Funding (ERF) Program; and WHEREAS, the funding sources of the FY 2022-2023 Agreement with Ms. La Perle is State ERF funds ($31,000) and County ARPA funds ($20,000); and WHEREAS, Consultant represents that he, she, or it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, City and Consultant agree as follows:
TERMS
1. Scope of Service. The project contemplated and the scope of Consultant’s services are described in Exhibit B, attached hereto and incorporated herein by reference.
2. Term; Completion Schedule. This Agreement shall commence on July 1, 2022, and shall terminate on October 31, 2022, unless extended in writing by either party upon (10) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement.
3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement on a time and materials basis according to the rates of compensation as set forth in Exhibit B. The total amount of compensation to be paid under this Agreement shall not exceed Fifty-One Thousand Dollars ($51,000).
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4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant’s bills shall include the following information to which such services cost or pertain:
(A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
(D) A brief description of any costs incurred; and
(E) The Consultant’s signature.
Any such invoices shall be in full accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately.
5. Meet & Confer. Consultant agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timely and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant.
7. Responsibility of Consultant. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant’s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
8. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall:
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(A) Assist Consultant by placing at its disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant. (C) Steve Carrigan, City Manager, or his designee, shall act as City’s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to Consultant’s services. City may unilaterally change its representative upon notice to the Consultant.
(D) Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed.
10. Indemnification and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder, including the performance of work of any of Consultant’s subcontractors or agents, or Consultant’s failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto.
12. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant’s usual and customary business hours. Consultant shall provide proper facilities to City’s representative(s) for such access and inspection.
13. Non-Assignability. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City.
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14. Changes to Scope of Work. City may at any time, and upon a minimum of ten (10) days written notice, seek to modify the scope of services to be provided for any project to be completed under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant’s notice to proceed with the changed scope.
15. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City’s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Consultant, as follows:
(1) If in the City’s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason whatsoever.
(B) Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of termination based upon the Consultant’s rates shown in Exhibit B and/or Section 3 of this Agreement, except that:
(1) In the event of termination by the City for Consultant’s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense.
(C) In the event that this Agreement is terminated by City for any reason, Consultant shall:
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(1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City.
20. Integration and Entire Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
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22. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A) Written notices to the City hereunder shall, until further notice by City, be addressed to:
City Manager
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
With a copy to:
City Attorney
City of Salinas
200 Lincoln Avenue
Salinas, California 93901
(B) Written notices to the Consultant shall, until further notice by the Consultant, be addressed to:
Tina La Perle
202 West Romie Lane
Salinas, California 93901
(C) The execution of any such notices by the City Manager shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party’s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree DocuSign Envelope ID: DE1EBB4E-5326-446E-97BE-AE26F655CC17 Form: Professional Services Agreement v. January 2021 Page 7 of 12 Tina La Perle
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which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant’s performance of the work or services pursuant to the terms of this Agreement.
26. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
27. Attorneys’ Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys’ fees in addition to such costs as may be allowed by the Court. City’s attorneys’ fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services.
29. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Legal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
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34. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
35. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
____________________________
Steven S. Carrigan
City Manager
APPROVED AS TO FORM:
_________________________
□ Christopher A. Callihan, City Attorney, or
□ Rhonda Combs, Assistant City Attorney
CONSULTANT
___________________________________
By: Tina La Perle
Consultant
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Exhibit A- Insurance Requirements
Insurance Requirements
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees, or subcontractors. With respect to General Liability and Professional Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(A)Commercial General Liability (“CGL”): Insurance Services Office Form (“ISO”) CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability: ISO Form CA 0001 covering any auto, or if Consultant has no owned autos, hired and non-owned, with limits no less than $1,000,000 per accident for bodily injury and property damage.
(C)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
(D)Professional Liability (also known as Errors and Omissions) insurance appropriate to the work being performed, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate per policy period of one year.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Salinas, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
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Primary Coverage
For any claims related to this Agreement or the project described within this Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO Form CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Consultant, its employees, agents, and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared by Consultant to and approved by the City. At the option of the City, Consultant shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the consultant shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of this Agreement or the beginning of Agreement work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
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Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all sub-consultants and/or subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from such sub-consultants and/or subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Maintenance of Insurance
Maintenance of insurance by Consultant as specified shall in no way be interpreted as relieving Consultant of its indemnification obligations or any responsibility whatsoever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary.
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Exhibit B - Scope of Service and Compensation
Scope of Work:
A. Contract Review/Analysis: Conduct contract review and analysis, providing recommendations for modifications, assist in the expansion of viable sub-contractors, and help to integrate adjustments with existing subcontractors at contract renewal/award.
B. Needs Assessment: Identify areas of need/gaps in homeless services. In conjunction with the Planning Manager, provide overarching direction, in the larger context, which may include assisting with grant applications, letters of intent, initial collaborative meeting facilitation, and the like bringing forward innovative programming ideas/strategies. Support implementation of specified new projects and tangibly assist to address existing system shortcomings/dysfunction.
C. Service Provider Collaboration/Assistance: Facilitate increased collaboration with existing Service Providers (SP) to enhance grant performance. Conduct case conferencing and meetings orienting SP staff to City’s funding expectations in emergency shelter and motel programming.
D. Project Management - CESH: Provide program oversight, guidance, and support to awarded CESH Round 1 & Round 2 Agencies. Promote strategy, responsivity, and effective use of funds to meet need. Provide fulfillment support and monitoring of progress via regularly occurring meetings. Executes review of monthly activity reporting, conducts on-going program evaluation, and assists with the CESH annual performance reporting.
E. Street Outreach: Strengthen response to unsheltered homelessness through comprehensive, essential collaboration with City funded SO Providers, orienting Providers to share the challenge and responsibility disproportionately impacting the City of Salinas. Address overarching system issues, such as burden on emergency service and Emergency Solutions Grant funding. Orient/train Outreach Lead/s to the emergency shelter – trailer & motel screening process. Review and/or provide policy language and other supplemental advocacy materials. Provide back-up coverage/supervision of the SORT during the Coordinator’s absence/vacations.
Tina La Perle is proposed to work an average of 32 hours per week providing interventionist services and may work up to 40 hours per week periodically, as approved in advance by City Planning Manager. Compensation is set at an hourly rate of $90.75 per hour with the contingency of a Shelter in Place order, at $98.25 per hour for the duration of the lock-down period.
Achievement of work plan objectives are contingent upon adequate space, equipment, and departmental staffing levels. Additional duties are accommodated, however primary activityfulfillment could be slowed. Contractor agrees to abide by all City instituted COVID-19 protocols.
The Planning Manager may request periodic COVID testing/results from Contractor and can be assured Contractor will work in a manner such to mitigate any health risk to City Staff in the line of duty.
DocuSign Envelope ID: DE1EBB4E-5326-446E-97BE-AE26F655CC17 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-562, Version: 1
California Library Literacy Services Adult And Family Literacy Grant Awards Approve a Resolution accepting the California Library Literacy Services grant award of $181,085 for the continuation of the library’s adult and family literacy programs.
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DATE: OCTOBER 18, 2022
DEPARTMENT: LIBRARY & COMMUNITY SERVICES DEPARTMENT
FROM: KRISTAN LUNDQUIST, LCS DIRECTOR
BY: ERNESTO LIZAOLA, COMMUNITY EDUCATION MANAGER
TITLE: CALIFORNIA LIBRARY LITERACY SERVICES ADULT
AND FAMILY LITERACY GRANT AWARDS
RECOMMENDED MOTION:
A motion to approve a Resolution: 1) accepting the California Library Literacy Services (CLLS) grant awards in the amount of $91,085 in support of Adult Literacy and $90,000 in support of Family Literacy, for a total award of $181,085; 2) authorizing execution of all grant acceptance documents with the California State Library; and 3) authorizing the establishment of CLLT – Adult Literacy Fund appropriations totaling $181,085 and corresponding revenue budget for the programs.
BACKGROUND:
On August 29, 2022, the Salinas Public Library’s Literacy Services was notified by the California State Library Literacy Services (CLLS) of approval for an award of $91,085 to support adult literacy programs, and $90,000 to support family literacy programs, for a total grant award of $181,085. These funds will support adult and family literacy programming for English-speaking adults with low-literacy skills, and their families, and will be provided primarily to adults and families enrolled in the library’s Adult and Family Literacy programs.
The grant will enable the library to employ temporary part-time staff to work in adult and family literacy programs, acquire books, supplies and learning materials that enhance our adult and family education programs, and increase our capacity to provide high-quality adult and family literacy services, including but not limited to Computer Literacy instruction, Citizenship and High School Equivalency preparation programs, Family Reading Circles, Family Learning events, and staff trainings to enhance family literacy skills and best practices. Library staff are prepared to offer both in-person and/or virtual instruction.
The California Library Literacy Services funding formula for adult literacy services program includes a baseline amount ($20,000) for each approved library literacy program, and a per capita amount per adult learner served in our program as reported in the most recent Final Report on file from our library; and additional funding based on local funds raised and expended for adult literacy services, reflecting a commitment to state/local partnerships in support of literacy services.
Because the City continues to invest in its Literacy services, and the library continues to run a very successful program which served more than 400 adults in 2021/2022, the library award is one of the highest in the State.
During the ongoing COVID-19 pandemic, Literacy staff have continued to find innovative ways to serve adult learners and families with virtual and distance learning instruction, and the reintegration of in-person instruction. This includes individual tutoring and small classes resuming in-person sessions, as well as adapting to individual needs and abilities for which we offer virtual options including a combination of video conferencing instruction via Zoom and YouTube videos; guided and self-paced learning with student handbooks and curricula; take-home activity kits; oneon-one help via Zoom, email, phone; and much more.
CEQA CONSIDERATION:
The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The grant will support the City Council 2022-2025 Goals:
Effective and Culturally Responsive Government
Youth and Seniors
DEPARTMENTAL COORDINATION:
The Library & Community Services Department will work with the Finance Department to establish expenditure accounts, and prepare final budget reports required at the end of the grant period.
FISCAL AND SUSTAINABILITY IMPACT:
There is no impact to the City’s General Fund Budget. No additional Measure E funding will be required beyond that already allocated to the Library’s annual budget. No matching funds are required.
ATTACHMENTS:
Resolution
Award Letter, California Library Literacy Services dated August 29, 2022 Application
RESOLUTION NO. _________ (N.C.S.)
A RESOLUTION ACCEPTING THE CALIFORNIA LIBRARY LITERACY SERVICES GRANT AWARD IN THE AMOUNT OF $91,085 IN SUPPORT OF ADULT LITERACY, AND $90,000 IN SUPPORT OF FAMILY LITERACY FOR A TOTAL GRANT AWARD OF $181,085,
AND AUTHORIZE RECEIPT OF FUNDS
BE IT RESOLVED BY THE CITY COUNCIL OF SALINAS that the City Manager or his designee may accept funding in the amount of $181,085 from California Library Literacy Services in support of adult and family literacy programs, and further authorize the receipt of funds; BE IT FURTHER RESOLVED that the City Council of the City of Salinas authorizes the establishment of CLLT – Adult Literacy Fund appropriations totaling $181,085 and corresponding revenue budget for the programs; and
BE IT FURTHER RESOLVED that the Library and Community Services Director is hereby authorized to take whatever additional action may be necessary to effectuate the intent of this Resolution.
PASSED AND APPROVED this 18th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________________ Kimbley Craig, Mayor ATTEST:
______________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-563, Version: 1
Conflict of Interest Code - Biennial Review
Adopt an Ordinance amending Salinas City Code Chapter 1, Article 3, updating the City’s conflict of interest code.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: OCTOBER 18, 2022
DEPARTMENT: ADMINISTRATION
FROM: PATRICIA M. BARAJAS, CITY CLERK
PATRICIA PEÑALOZA, SR HUMAN RESOURCES ANALYST
TITLE: CONFLICT OF INTEREST CODE - BIENNIAL REVIEW
RECOMMENDED MOTION:
A motion to adopt an ordinance amending Salinas City Code Chapter 1, Article 3, updating the City’s conflict of interest code.
EXECUTIVE SUMMARY:
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). The last review of the Code was completed in 2020.
BACKGROUND:
The Political Reform Act (PRA) of 1974 designates positions that are required to file economic interest statements, including elected officials, City Manager, City Attorney and Finance Director.
Additionally, the PRA requires local agencies to adopt conflict of interest codes designating positions that participate in decision making process that may have a foreseeable material effect on financial interests, as outlined in California Government Code 82019.
The PRA requires a biennial review of local conflict of interest code to determine if an amendment is necessary. The attached ordinance amends Salinas City Code Chapter 1, Article 3 to reflect position reclassifications, deletes eliminated positions and positions not required to file.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
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STRATEGIC PLAN INITIATIVE:
Amending the Salinas City Code as required by the Political Reform Act meets the City Council goal of Effective, Sustainable Government by improving efficiencies and fostering transparency.
DEPARTMENTAL COORDINATION:
The City Clerk’s Office works directly with the Human Resources Department to identify changes in the designated positions list and process all Assuming Office and Leaving Office statements in a timely manner. Additionally, during the various filing deadlines, staff coordinates with all departments to ensure staff and commissioners, file their statement by the state-imposed deadlines.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are appropriated and available for the Statement of Economic Interest (Form 700) electronic filing system subscription and ordinance codification costs.
ATTACHMENTS:
Ordinance
ORDINANCE NO. __________(N.C.S.)
CONFLICT OF INTEREST CODE BIENNIAL REVIEW
THE CITY COUNCIL OF THE CITY OF SALINAS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 1-03.03 is amended to read as follows:
(a) Designated positions are set forth below in this section. All city officials enumerated in Government Code Section 87200, each employee filling a designated position, and any employee filling a designated position on a temporary or acting basis for more than thirty consecutive calendar days, shall disclose all of the information set forth in applicable disclosure categories on Fair Political Practices Commission Form 700.
Designated Positions
Accounting manager
Airport manager
Assistant chief of police
Assistant city attorney
Assistant city manager
Assistant community development director
Assistant finance director
City clerk
City engineer
Community development director
Deputy fire chief
Deputy librarian
Fire chief
Human resources director
Information systems manager
Library/community services director
Police chief
Public works director
Recreation/ parks superintendent
Superintendent of maintenance services
SECTION 2: Section 1-03.08 is amended to read as follows:
Each official who serves on any of the following boards, commissions, and committees shall comply with all of the provisions of this chapter in the same manner as if a designated employee:
Airport Commission;
Board of Appeals;
Grievance Board;
Historic Resource Board;
Independent Citizens Oversight Committee (Measure E);
Independent Citizens Oversight Board (Measure G);
Library and Community Services Commission;
Oversight Board to the former Salinas Redevelopment Agency; Planning Commission (only in the event disclosure is no longer required pursuant to Government Code Section 87200);
Public Art Commission
Successor Agency to the former Salinas Redevelopment Agency; Traffic and Transportation Commission.
SECTION 3. This ordinance shall take effect thirty (30) days from and after its adoption.
SECTION 4. The City Clerk of the City of Salinas is hereby directed to cause the following summary of this ordinance to be published by one (1) insertion in a newspaper of general circulation in the City of Salinas:
“Salinas City Code Chapter 1, Article 3 is hereby amended in keeping with the Political Reform Act to update the list of designated City employees and City Commissions, Boards and Committees that must report specified economic interests.” SECTION 5. This Ordinance was introduced and read on October 18, 2022, and passed and adopted on _______________.
PASSED AND ADOPTED this ____ day of ________________, 2022, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________________
Kimbley Craig, Mayor
APPROVED AS TO FORM:
_____________________________________
Christopher A. Callihan, City Attorney
ATTEST:
_____________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#22-587, Version: 1
a. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Santa Rita Union High School District, et al. v. City of Salinas et al., Monterey County Superior Court Case No. 20CV000242.
b. Pending Litigation - California Government Code Section 54956.9(d)(1), conference with legal counsel regarding, Alisal Union School District, et al. v. City of Salinas, et al., Monterey County Superior Court Case No. 20CV00340.
c. Real Property Negotiations - California Government Code Section 54956.8, conference with real property negotiators City Manager Steven S. Carrigan, City Attorney Christopher A. Callihan, Community Development Director Megan Hunter, Assistant Community Development Director Lisa Brinton, and Planning Manager Rod Powell to discuss the terms and sale of real properties located at 37, 37A, 37-C/A, 39 ½, 39-C/A Soledad Street (APN 002191012000); and 34, 36, 38, 40 Soledad Street (APN 002194029000).
d. Labor Negotiations - California Government Code Section §54957.6 with its designated labor representatives Steven S. Carrigan, City Manager; Jim Pia, Assistant City Manager; Christopher A.
Callihan, City Attorney; Katherine Hogan, Assistant City Attorney; Mark Roberts, Finance Director; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; and Matt Weatherly, President, Public Sector Personnel Consultants, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential NonManagement Employees, Confidential Management Employees, and Department Directors. e. Labor Negotiations - California Government Code section 54957.6, with its designated labor representatives Steven S. Carrigan, City Manager; Jim Pia, Assistant City Manager; Christopher A.
Callihan, City Attorney; Katherine Hogan, Assistant City Attorney; Mark Roberts, Finance Director; Marina Horta-Gallegos, Human Resources Director; Sylvia Enriquez, Senior Human Resources Analyst; Che Johnson, Liebert Cassidy Whitmore, regarding labor relations with Service Employees International Union (SEIU), SEIU Supervisors, Salinas Municipal Employees Association/SEIU, Association of Management Personnel, Police Officers Association, Police Management Association, International Association of Firefighters, Fire Supervisors Association, Confidential Management Employees, Confidential NonManagement Employees. f. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Manager). g. Performance Evaluation and Labor - California Government Code §54957 and §54957.6, public employee performance evaluation and labor relations with unrepresented employee (City Attorney).
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