AGREENIENT BET` VEEN CITY OF SAN PABLO
AND CONTRA COSTA HEALTH SERVICES
THIS AGREENIENT made and enteredinto on December 1, 2018 by andbet veenthe City of San Pablo ( hereinafter " CITY"), and Contra Costa Health Services, Health, Housing and Homeless Services, a department of Contra Costa County ( hereinafter referred to as CONTRACTOR")
THE PARTIES ENTER INTO THIS AGREEMENT based upon the followin facts, understandings and intentions:
CITY desires to contract with CONTRACTOR and CONTRACTOR has agreed to contract vith the CITY to provide homelessoutreach services in the City of SanPablo, asfiirther described herein, upon the terms and conditions hereinafter set forth.
NO` V, THEREFORE, IN CONSIDERATION of the muhial covenants and promises of the parties herein contained, the parties hereto agree as follows:
1. TERIVI
The effective date of this AGREEMENT is December 1, 2018 and shall terminate on November 30, 2019. The tenn may be eYtended for additional one year periods annually thereafter, upon munial vritten consent of the parties.
2. SCOPE OF SERVICES
A. CONTRACTOR shall provide County- contracted staff to provide Coordinated Outreach Referral and Engagement ( CORE) progY•am services to individuals living in a stateof homelessnesswithin the boundaries of the CITY of San Pablo. The primary mission of the CORE pro- ain is to engage and stabilize homeless individuals living outside through consistent outreach to facilitate and/or deliver health and basic needsservices to, and find permanenthousing, for such individuals.
The CONTRACTOR shall employ and utilize its CORE Team ( as defined belo v) to (i) seive asan entiy point into the County of Contra Costa's coordinated entiy system for unsheltered persons and ( ii) work to locate, engage, stabilize and housechronically hoineless individuals and families.
The CORE Team will assure the CITY receives an annual minimum of 1080 hours of service from the CORE Team assigned to perform CONTRACTOR' s obligations under this AGREEMENT ( after observance of holidays). The CORE Team will consist of two individuals who will provide services over the course of the AGREEMENT fot• at least 20 hours per week. The days and hours of the CORE Team to provide said services are to be determined by the CITY' s Chief of Police or his designee. The days and hours will be flexible based on the needs of the CITY' s police department and in collaboration with the Richmond Police Department. The CORE Team will be scheduled to provide said servicesbetween the hours of 12:00 PM to 8:00 PM, Tuesday and Thursday of each week during the term of this AGREEMENT, based on the needs of the CITY. A member of the CORE Team will check in at the beginning of eachshift with the City' s Police Department on-duty Watch Commander or Homeless Outreach Officer for assignment. The CITY shall provide the CONTRACTOR the name and contact information of the CITY coordinator.
1) At least 1( one) CORE Team shall be assigned by CONTRACTOR to perfonn CONTRACTOR' s obligations under this AGREEMENT. The CORE Team shall perform the services described herein during their shifts. CORE Teams shall be comprised of at least 2 persons qualified to provide the services described herein. CONTRACTOR warrants and represents that each of the individuals it employs and/ or retains to provide the services CONTRACTOR is required to perform hereunder shall ( i) possesses the requisite experience and training to competently perforin said services ( this is not an on-the-job training program for CONTRACTOR' s employees), ( ii) shall possess the requisite license( s), degrees, and/or approvals necessaiyto competently perform said services, and ( iii), to the extent said individuals shall have supervisory or disciplinary authority over any minor as part of the services to be pet•formed hereunder, said individuals shall undergo a criminal background check ptu suant to Cal. Pub. Resources Code sec. 5164 and pass that check before they are retained by CONTRACTOR to perfonn services under this AGREEMENT. The background check shall include a Live Scan in vhich fingerprints are submitted to the Departinent of Justice DOJ) and the Federal Bureau of Investigation ( FBI) for a criminal record check.
2) Prior to the commenceinent of the terin of this AGREEMENT, CONTRACTOR shall provide a vritten list of the names and contact infonnation of all persons who the CONTRACTOR intends to employ to perfonn CONTRACTOR' s obligations under this AGREEMENT. At leastfive calendardays before CONTRACTOR removesor addsany person from or to this list, it shall provide vritten notice of same to the CITY coordinatar along with the name( s) and contact infoi7nation of the person( s) removed and/ or added.
B. Without liiniting the generality of tlie foregoing provisions, CONTRACTOR vill perfonn the following services:
1) Identify and initiate contacts vith homelessindividuals living on the streets, assesstheir housing and seivice needs, andfacilitate connections to shelter, benefits, behavioral health and primary healthcareservices. 2) Respond to calls for outreach and enga ement fi om the CITY' s s vorn employees. At the coininencetnent of the tenn of this AGREEMENT, CONTRACTOR shall provide to CITY a list of the names of persons ( and their contact information) , vho vill be assigned to respond to such calls. 3) Conduct a standardized intake and needs assessment assuring all hoineless individuals contacted are entered into the Homeless Mana ement Information System used by the CONTRACTOR.
4) Conduct VI- SPDAT ( Vulnerability Inde- Service Prioritization Assistance Tool), a housing assessmenttool, assuringthat homeless individuals vho are provided services hereunder are entered into the Coordinated Entry system for prioritizing their needs for longer tei-n housing.
5) Partner vith assigned CITY officer( s) during CORE Team vork shifts throughout the veek as needed and as determined by the CITY coordinator.
6) Connect homeless individuals, also designated as " homeless clients", via phone or in person vith other points in the homeless service continuum including, but not limited to, interim housing, substance abuse treatment and mental health counseling, and benefits, etc.
7) Perfonn special assigmnents to include, but not limited to, homeless counts, Homeless Connect and presentations. The number and nature of said assignmentsshall be determined by the CITY coordinator who shall timely inform CONTRACTOR of CONTRACTOR' s obligation to perform them.
8) Conduct patrols of strategic areas vithin the CITY' s limit on foot and via vehicle asdesignatedby the CITY coordinator and agreedupon by CONTRACTOR.
9) Observeandreport threatsto the health and/or safety of homeless individuals ( or threats by homeless individuals to the health or safety of others) encountered in the field and detennine the need to summon uniformed police, fire or other emergency personnel.
10) Nlaintain direct communications with the CITY' s Police Department to report illegal activity.
11) CORE Team supervisors and outreach vorkers vill participate in monthly ineetings with the CITY' s Police Manageinent, as vell as vith public and private partners asdeemedappropriate by the CITY coordinator. 12) CORE Team mana ement vill provide Sei- vice Iinpact Reports to the CITY at intervals deter nined and required by the CITY. The reports vill assist the CITY in evaluating outcomes of this AGREEMENT. The monthly report shall, in detail, describethe servicesrenderedby the CONTRACTOR during the previous 30 days as vell as the names of the persons rendering the service.
3. PAYMENT
A. CONTRACTOR shall be paid on a monthly basis in ai7-earsafter services havebeenrenderedand documented in eachmonthly invoice on the 15th day of each month, at the rate of 4943. 33 per month not to eYceed $ 60, 570 over the term of this AGREEMENT, unless the tenn is extended in accordance vith the provisions of Section 1. The first payment vill include the Housing Assistance Fee of $ 1250 for a total initial monthly payment of $ 6193. 33. The Housing AssistanceFeepayment of 1250 vill be madeoncethe contract is executed. Each month thereafter the monthly payment vill be $4943. 33.
B. The CONTRACTOR shall invoice the CITY each month during the tenn of this AGREENIENT. Said invoice shall be delivered by CONTRACTOR such that it is received by the CITY at least 10 daysprior to the day of eachmonth identified in Section 3( A), above. Each said invoice shall describe the date( s) the services vere provided as vell as the time( s) spent rendering the services.
The monthly report shall, in detail, describethe servicesrenderedby the CONTRACTOR during the previous 30 days as well as the names of the persons rendering the service. In the event a payment is not received by CONTRACTOR vithin 10 days after the day identified in Section 3(A), CONTRACTOR shall notify CITY and CITY shall have until the end of the samemonth to make such a payment or asmany days asmay be other vise agreed upon by the parties to make payinent to the CONTRACTOR.
4. INDEPENDENT CONTRACTOR
A. CONTRACTOR is and shall be deemed an independent contractor, and shall have eYclusiveresponsibility for and control over the details and meansof providing its servicesunder this AGREEMENT. CONTRACTOR agreesthat its services shall be perfoi7ned vith due diligence, competently ancl in accordance vith generally accepted industry practices and as generally 5 directed by CITY. As an indepencient contractor, CONTRACTOR and its employees shall not be eligible for any payinent, benefits or remuneration of any nature, vhich the CITY may otherwise provide to its o vn einployees.
The flat amount specified in Section 3(A) shall be the only remuneration CITY pays to CONCTRACTOR for the latter' s perfonnance under this AGREEMENT. All persons, if any, hired by CONTRACTOR shall be employees, volunteers, or subcontractors of CONTRACTOR and shall not be constnied asemployees or a ents of the CITY in any respect.
B. CONTRACTOR shall perfoi7n and coordinate all its activities in a timely mannerso that the assignedactivities will be completedaccording to any reasonable deadlines imposed by the CITY' s police chief or designee.
5. AUTHORIZED REPRESENTATIVES
CITY' s authorized representatives to administer the tei- ns of this AGREEMENT shall be Chief Ron P. Raman and Lieutenant Brian Bubar. CONTRACTOR' S representative to administer the terms of this AGREEMENT shall be Lavonna Martin and Jenny Robbins. Not vithstanding any other terms of this AGREEMENT, either party may at any time changethe designation of representatives upon vritten notice provided to the other party vithout this AGREEMENT havin; to be amended or modified.
6. AIVIENDNIENT
This AGREEMENT may not be inodified or ainended e;ccept through written agreeinent bet veen the parties.
7. O` V IERSHIP AND 1VIAINTENANCE OF DOCUVIENTS
A. CONTRACTOR' s records and documents pertaining to actual monthly activities vithin CITY shall be given to CITY by the end of each month, if requested. Such documents vill be redactedby CONTRACTOR removing personally identifiable infoi7nation vhich is restrictedunder HIPAA guidelines before they are provided to the CITY. CONTRACTOR is entitled to keepcopies of thesesameitems for its internal useand for reporting to 6 govei imental agencies ( e.g. HUD and County of Contra Costa) on services rendered to homeless individuals.
B. CONTRACTOR sh111 retain said records and documents for the tluee- year period immediately follo ving the tei-nination of this AGREEMENT, and upon reasonable notice from CITY, shall make said records and documents available at a mutually agreeable location in the City of Concord to the CITY for inspection and copying.
8. STANDARD OF PERFORIVIANCE
CONTRACTOR represents to CITY that CONTRACTOR' S services shall be perfoi- ned in an expeditious and timely manner and with the degree of skill and care that is required by cun-ent, good, sound procedures and practices applicable to the profession vhich provides the services CONTRACTOR is agreeing to perform hereunder. CONTRACTOR fiu- ther a• ees that the services shall be in conformance vith this AGREEMENT.
9. NIUTUAL INDENINIFICATION
A. CITY shall defend, save and hold hannless and indemnify Contra Costa Health Services, Health, Housing and Homeless Services ( H3), and its officers, agents and employees from all liabilities and claims for dama es for death, sicknessor injury to persons or property, including vithout limitation, all consequential damages, from any cause vhatsoever arising from or coru-iected vith the operations or the services of CITY hereunder, resulting from the conduct, negligent or other vise, of the CITY, its a ents or einployees.
B. Contra Costa Health Services, Health, Housing and Homeless Services ( H3), shall defend, save and hold harmless and indemnify CITY and its officers, a ents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, includin vithout limitation, all consequential damages, from any cause vhatsoever arisin from or connected with the operations or the services of Contra Costa Health Services, Health, 7 Housing and Hoineless Seivices ( H3), resultin from the conduct, negligent or other vise, of the Contra Costa Health Services, Health, Housing and Homeless Services ( H3), its agents or its einployees.
10. INSURANCE REQUIRENIENTS
CONTRACTOR shall, at its own expense, procure and maintain in full force at all times during the teim of this AGREEMENT the follo ving insurance:
A. Commercial General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance vith liinits of no less than one million dollars ( 1, 000, 000) limit per occurrence and two million dollars ( 2, 000, 000) a gregatelimit for bodily injury, personal injury, andproperty damage.
B. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering all vehicles used in the performance of this AGREEMENT providing one million dollars ( 1,000, 000) per accident for bodily injury, personal injury, and property damage.
C. Compliance vith State ` Vorkers' Compensation Requirements.
CONTRACTOR covenantsthat it vill ensureitself againstliability for Worker' s Coinpensation pursuant to the provisions of California Labor Code 3700, et seq. CONTRACTOR shall, at all times, upon deinand of the City Council andproperly authorized a ents, furnish proof that Vorkers' Cotnpensation Insurance is bein maintained by it in force and effect in accordance vith the California Labor Code.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the follo ving provisions:
1) CITY, its officers, agents, employees, and volunteers are to be covered as additional insured on an endorsement at least as broad as an ISO CG 20 10 or as anAdditional Covered Party asnoted on Contractor' s insurance certificate) vith respect to: Liability arising out of activities and operationsperfonned by or on behalf of CONTRACTOR pursuant to this AGREEMENT and preinises o vned, occupied, or used by
3 CONTRACTOR. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, einployees, or volunteers.
2) CONTRACTOR' s insurancecoverage shall be primary insurancewith respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurancemaintained by CITY, its officers, officials, employees, or volunteers shall be in e cess of CONTRACTOR' s insurance and shall not contribute vith it. 3) Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, einployees, or volunteers.
4) The insurance CONTRACTOR is required to obtain hereunder shall provide coverage for CONTRACTOR' s liabilities under this AGREEMENT, including but not limited to CONTRACTOR' s
obligations under Section 9.
5) The aforementionedpolicies shall be issuedby an insurancecarrier having a rating of Best A: VII or better vhich is satisfactory to the City Attorney and the CITY' s Pooling Authority and evidence of said insurance shall be delivered to CITY at the time of the execution of this AGREENfENT or as provided below. In lieu of actual delivery of such policies, a Certificate issued by the insurance carrier sho ving such policy to be in force for the period coveredby the AGREEMENT may be delivered to CITY. EYcept for vorker's coinpensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for thirty ( 30) days' notice of cancellation to CITY. Said policies shall not be canceled earlier than, nor the amount of covera e reduced earlier than, thirty ( 30) days after the CITY receives notices from the insured of the intent of cancellation or reduction.
9 1 L TERMINATION
A. CITY or CONTRACTOR may terminate this AGREEMENT for any reason upon sixty ( 60) days written notice to the opposite party.
B. CITY and/or CONTRACTOR inay terminate the AGREEMENT upon ten 10) days written notice if the other party (the "breaching party") breaches this AGREEMENT and the breach is not cured within ten ( 10) days after the non- breaching pat•ty has delivered written notice to the breaching party notifying the breaching party of the nature of the breach and the stepsthat inust betaken and completed within said ten ( 10) day period to cure the breach. Upon passage of the said ten ( 10) day period without the breaching party curing the breach, the AGREEMENT shall be deemed terminated.
C. In the event of termination basedupon sixty ( 60) day notice as set forth above, CITY will pay CONTRACTOR for services performed through the effective date of the termination.
D. Any records or documents prepared for CITY prior to the effective date of any termination of this AGREEMENT shall be promptly delivered to CITY by CONTRACTOR, subject to Section 7 above.
E. The parties acknowledge that the City of Richmond has a similar contract in place with the CONTRACTOR. Taken together, these agreements enable the CITY to contract for at least 16 hours of services per week from the CONTRACTOR and allow the City of Richmond to contract for at least 24 hours of service from CONTRACTOR, thereby splitting the cost of a fiilltime CORE Team. Should the City of Richmond terminate its agreement with the CONTRACTOR, or, should the City of Richmond notify the CONTRACTOR of a breachof their agreement, or, should the CONTRACTOR notify the City of Richinond of a breach of their agreement, the CONTRACTOR must simultaneously deliver a copy of any default or termination notice delivered or received by CONTRACTOR and notify the CITY in writing within ten (10) days after the breach or termination of the contract between the CONTRACTOR and the City of Richmond.
10 12. COVIPLIANCE VITH CIVIL RIGHTS
During the perfoi- nance of this AGREEMENT, CONTRACTOR agrees as follows:
A. Equal Employment Opportunity. In perfonning under this AGREEMENT, CONTRACTOR shall not discriminate against any einployee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be liinited to, the follo ving: employment, promotion, upgrading, demotion, or transfer; recnlitment or recnzitment advertising; layoff or tet7nination; rate of pay or other fonns of compensation; and selection for training including apprenticeship.
B. Nondiscrinunation Civil Rights Act of 1964. CONTRACTOR , vill comply vith all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Nlaterials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONTRACTOR for work to be perfonned under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONTRACTOR of CONTRACTOR' s obligation under this AGREENIENT and the regulations relative to nondiscrimination on the grounds of race, religion, color, seY, or national origin.
13. CONIPLIANCE VITH LAWS
CONTRACTOR shall comply vith all applicable published Federal, Stateof Califonlia, and local la vs, ililes, and regulations, and shall obtain all applicable licenses and permits for the conduct of its business and the perfonnance of the services described herein.
14. CHOICE OF LA` VS
This AGREEMENT shall be constnied and inteipreted in accordance vith the laws of the State of Califoniia, eYcludin any choice of law niles vhich may 11 direct the application of the laws of another jurisdiction.
15. NON-` VAIVER
The waiver by either party of any breach of any term, covenant, or condition containedin the AGREEMENT, or any default in their performance of any obligations under the AGREEMENT shall not be deeinedto be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any vaiver of any incident of breach of default constitute a continuing vaiver of saine.
16. ENFORCEABILITY
In the event that any of the provisions or portions or application of any of the provisions of the AGREEMENT are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONTRACTOR shall negotiate an equitable adjustment in the provisions of the AGREEMENT with a vietiv toward affecting the intendedpuipose of the AGREEMENT. The illegality or invalidity of any of the provisions or portions or application of any of the provisions of the AGREEMENT shall not affect the legality or enforceability of the remaining provisions or portions or application of any reinaining provisions of the AGREEMENT.
17. INTEGRATION
This vritten AGREENIENT contains the entire AGREEMENT and all understandings between the parties as to the subject matter of this AGREEMENT.
It merges and supersedes all prior or contemporaneous agreements, commitments, representation, vritin s, and discussions bet veen CONTRACTOR and CITY, vhether oral or written.
18. SUCCESSORS AND ASSIGNS
CITY and CONTRACTOR respectively, bind themselves, their successors, assims, and legal representatives. CONTRACTOR shall not assignor transfer any interest in the AGREEMENT vithout the CITY' s prior vritten consent, vhich consent shall be at the CITY' s sole discretion. Any attempted assignment 12 or transfer in breach of this provision shall be void.
19. NOTICES
All notices required hereunder shall be in vriting and mailed postage prepaid by Certified or Registered mail, return receipt requested, or by personal delivery to the addresses as sho vn below, or such other places as CITY or CONTRACTOR may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemedreceived three (3) days after the dateof the mailing thereof or upon personal delivery.
To CITY: Chief Ron P. Raman
San Pablo Police Department
13880 San Pablo Avenue
San Pablo CA, 94806
Phone: 510- 215- 3107
To CONTRACTOR: Lavonna Martin, Director
Contra Costa Health, Housin & Homeless Services
2400 Bisso Lane, Suite D2
Concord, CA 94520
Phone: ( 925) 608- 6700
Lavoiula. Martin@cchealth. org
13 20. AUTHORIZATION TO EXECUTE AGREENIENT
The persons vhose signatures appear belo v varrant and represent that they have been duly authorizedby their respective party to e ecutethis AGREENIENT on behalf of that party. They further warrant and represent that the party vhich they represent has taken the requisite action to approve this AGREEMENT and authorize its execution by the undersigned. The persons whose signahires appear below warrant and represent that this AGREEMENT is a lawful agreement that is binding upon the party which the undersi ed represents, enforceable against said party in accordancewith its terms and conditions.
IN` VITNESS ` VHEREOF, the parties have eYecuted this AGREEMENT in three ( 3) or more copies as of the date and year first vritten above.
Na ne• avonna Martin, NIPH, MPA Name: Nlatt Rodriguez
Title: Director Title: City Manager
Health, Housing and Homeless Services City of San Pablo
FO PR D
Sharan L. un nsel l
14 To: Board of Supervisors
From: Anna Roth, Health Services Director
Date: February 26, 2019
Subject: Agreement # 29- 820 with the City of San Pablo c. o
Contra
COSta
COUnty
RECOVIM NDATION( S):
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the CountyA reement #29-820 vith theCity of SanPablo, a governmentagency, to paythe County anamount not to eYceed $ 60, 570 for the Coocdinated Outreach, Refercal and Engagement ( CORE) Program to pcovide homeless outreach secvices, for the period from December l, 2018 through November 30, 2019.
FISCAL IMPACT:
Approval of tllis A reement vill allo v the County to receive an amount not to eYceed $60,570 from t11e City of San Pablo to provide homeless outreach services. No County match is required.
BACKGROUND:
The CORE Program locates and engages homeless clients throughout Contra Costa County. CORE teams serve as an entry point into the County' s coordinated entiy system for unsheltered persons and work to locate, engage, stabilize and house clu onically homeless individuals and families.
Approval of Agreement # 29-820 will allow County to receive funds to operate the CORE Program s'j APPROVE OTHER
j RECOvli NDATION OF CNTY ADVIINISTRr1TOR _ RECOVII tENDATION OF BOARD COMVIITTEE Action of Board On: 02/ 26/ 2019 i,% APPROVED AS RECOv NDED OTHER Clerks Notes:
VOTE OF SUPGRVISORS
YE
John Gioia, Dis( nct I Supzrvisor
Candace Andzrsen, Distnct
Supenisor
I: aren fitchofl, Districl IV Supzrvisor
Fedzral D. Glo er. Distnct V
Super isor
ABSE\ T: Dianz Burtis. Dishict III Supen isur
Contacr. Lavonna tartin,
92- 603- 6701
cc: L Nalktr. I N ilhzlm
I hzrzby certify that this is a mie and cortect copy of an action aken and tnterzd on thz minutes of the Board of Supzrvisors on the date shown.
ATTESTED: February 26, 2019
David J. T va, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy
BACKGROUND: ICONT' Dl
and provide services to the City of San Pablo through November 30, 2019. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract.
CONSEOUENCE OF NEGATIVE ACTION:
If this agreement is not approved, County will not receive funding and without such funding, the CORE program may have to operate at a reduced capacity.
ATTACHMENTS