_______________________
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.
City of Vernon, a California Charter City and
California municipal corporation
_______________________________
DANIEL CALLEROS,
Interim City Administrator
ATTEST:
________________________________
YONNIE PARKER, Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
ZAYNAH N. MOUSSA, City Attorney
Burke, Williams & Sorensen, LLP, a
limited liability partnership
By:
Name:
Title:
Mark J. Austin
Partner
..
Item 12 Page 2 of 2
City Council Agenda Report
Meeting Date: September 17, 2024
From: Daniel Calleros, Interim City Administrator
Department: City Administration
Submitted by: Sara Sandoval, Senior Administrative Assistant Subject
Order Form and Services Agreement with Governmentjobs.com, Inc. (DBA “NEOGOV”) Recommendation
Approve and authorize the City Administrator to execute a NEOGOV Order Form for the purchase of Insight Enterprise Subscription, Candidate Text Messaging, Governmentjobs.com Subscription, and Perform Subscription for a three-year term at a total cost not-to-exceed $81,170.85, subject to the terms of the NEOGOV Services Agreement.
Background
In June 2015, the City's Human Resources (HR) Department selected NEOGOV as the most suitable system in accordance with competitive bidding and selection criteria set forth in the City’s purchasing requirements for the City to facilitate electronic job application submissions and tracking. NEOGOV met the needs of the Department in terms of pricing and capabilities and, specifically, NEOGOV provided application customization, separate applications for recruitment specifically linked to each recruitment by the HR Administrator (essential for the City's application needs between safety, miscellaneous, and volunteer positions within the City), better reporting capabilities, and a more user-friendly interface.
Since then, the City has effectively utilized the NEOGOV Service for employee recruitment and has integrated the use of NEOGOV's Performance Evaluation and On-boarding features. The Insight Enterprise Software License and the GovemmentJobs.com Subscription License are used for online application submission and tracking. The Performance Evaluation features are to process new employees and to conduct and record the performance evaluations of current employees respectively.
More recently, HR staff added the Candidate Text Messaging module that provides the ability to communicate with candidates via text messaging in addition to the current communication via email and telephone. Based on the existing use of NEOGOV for the processes noted above, NEOGOV is the sole source for procuring and implementing the desired Candidate Text Messaging feature. HR staff has worked with the City's purchasing division to ensure compliance with the City's purchasing ordinance and practices.
The proposed Services Agreement with NEOGOV will establish a three-year agreement for the Insight Enterprise Software License, GovemmentJobs.com Subscription License, Performance Evaluation License, and Candidate Text Messaging feature.
Pursuant to the Vernon Municipal Code (VMC) Section 3.32.110 (A)(2), this purchase is exempt from competitive bidding as the NEOGOV Software bundle is a sole source product that can only be obtained directly from NEOGOV. City Council approval is required pursuant to VMC Section
3.32.030(B) if, in the 12 months preceding the effective date of the proposed new, renewed, or otherwise amended contract, the City has paid or awarded the proposed vendor more than $100,000. With the approval of this Order Form and accompanying agreement for the desired ..
Item 13 Page 1 of 2
services over the next three years, the total value of contract awards to NEOGOV will be $116,043.15.
The proposed NEOGOV Order Form and Services Agreement have been reviewed and approved as to form by the City Attorney's Office.
Fiscal Impact
The fiscal impact is not-to-exceed $81,170.85. Sufficient funds are available in General Fund, IT Department, Repairs and Maintenance Account No. 011-010-110-529110 for the current fiscal year and will be budgeted in subsequent years.
Attachments
1. NEOGOV Order Form and Services Agreement ..
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NEOGOV ORDER FORM
NEOGOV:
GovernmentJobs.com, INC. (dba “NEOGOV”)
2120 Park Place, Suite 100
El Segundo, CA 90245
[email protected]
Customer Name & Address:
Vernon, City of (CA)
4305 Santa Fe Avenue
Vernon, CA 90058
Quote Creation Date: 03/06/2024 Contact
Name:
Lilia Hernandez
Quote Expiration Date: 30 days from Quote Creation Contact Email: [email protected] Payment Terms Annual. Net 30 from NEOGOV invoice. FTE:
Subscription Start Date: 06/21/2024
Subscription Term (months): 36
Fee Summary
Service Description Term Term Fees
Perform Subscription (PE) 06/30/2024 - 07/01/2024 $72.50 Prorated Total: $72.50
Insight Enterprise Subscription (IN) 07/02/2024 - 07/01/2025 $8,478.60 Candidate Text Messaging 07/02/2024 - 07/01/2025 $824.27 GovernmentJobs.com Subscription (GJC) 07/02/2024 - 07/01/2025 $1,978.17 Perform Subscription (PE) 07/02/2024 - 07/01/2025 $14,091.00 2024 Total: $25,372.04
Insight Enterprise Subscription (IN) 07/02/2025 - 07/01/2026 $9,029.71 Candidate Text Messaging 07/02/2025 - 07/01/2026 $877.84 GovernmentJobs.com Subscription (GJC) 07/02/2025 - 07/01/2026 $2,106.75 Perform Subscription (PE) 07/02/2025 - 07/01/2026 $15,006.91 2025 Total: $27,021.21
Insight Enterprise Subscription (IN) 07/02/2026 - 07/01/2027 $9,616.64 Candidate Text Messaging 07/02/2026 - 07/01/2027 $934.90 GovernmentJobs.com Subscription (GJC) 07/02/2026 - 07/01/2027 $2,243.70 Perform Subscription (PE) 07/02/2026 - 07/01/2027 $15,982.36 2026 Total: $28,777.60
Total: $81,170.85
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement affixed hereto. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.
2. Effectiveness& Modification. The Effective Date shall be the Subscription Start Date. This Order Form may not be modified or amended except througha written instrument signed by the parties.
3. Summary of Fees. Listed above is
a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.
B. Special Conditions (if any).
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IN WITNESS WHEREOF, this Order has been executed by such party’s duly authorized signatory as of the date set forth below, and such duly authorized signatory consents to the Agreement.
Customer Governmentjobs.com, Inc. (DBA “NEOGOV”)
Entity Name:
Signature:
Print Name:
Date:
2 Signature:
Title:
Date:
Print Name:
Signature:
Title:
Date:
Print Name:
1:25 pm, Aug 14 2024
Docusign Envelope ID: 174CAA71-E311-45B0-AF1F-7F096D202D47 CFO
Alex Chun
8/21/2024 | 10:33:27 AM PDT
8/21/2024 | 12:51:00 PM PDT
Chief Customer Officer
Sandy Miranda
Daniel Calleros, Interim City Administrator
City of Vernon
Attest:
___________________________________
Yonnie Parker, Deputy City Clerk
___________________________________
Date
Approved as to Form:
___________________________________
Zaynah N. Moussa, City Attorney
___________________________________
Date ..
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SECRETARY’S CERTIFICATE
I, David Eisler, Secretary of Governtmentjobs.com, Inc. d/b/a NEOGOV (“NEOGOV”), do hereby certify that the Board of Directors of NEOGOV have approved that each of the following persons is authorized to execute and sign customer sales contracts for and on behalf of NEOGOV and each of its subsidiaries including PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360):
NEW SALES CONTRACTS
Approval Limit (Annual Recurring
Revenue) Position Title(s)
$50,000 Accounting Manager
$100,000 Accounting Director (Mike Burns)
$1,000,000 CFO (Alex Chun)
$1,000,000+ CEO (Shane Evangelist)
(1) Signatory authority may be delegated to the next highest position of authority via email approval
RENEWAL CONTRACTS
Approval Limit (Annual Recurring
Revenue) Position Title(s)
$25,000 Renewal Sr. Manager (Amy Prins)
$50,000 Chief Customer Officer (Sandy Miranda)
$100,000 Chief Operating Officer (Aaron Coleman)
$100,000+ CFO/CEO (Alex Chun/Shane Evanglelist)
(1) Signatory authority may be delegated to the next highest position of authority via email approval IN WITNESS WHEREOF, I have hereunto signed my name on behalf of NEOGOV on the 18th day of March 2024.
By:
David Eisler
Secretary
NEOGOV
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1 SERVICES AGREEMENT
V071423
You agree that by placing an order through a NEOGOV standard ordering document such as an “Order Form”, “Service Order,” “Ordering Document,” “SOW” or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an “Order Form” for purposes of this Agreement), you agree to follow and be bound by the terms and conditions set forth herein. “Governmentjobs.com”, “NEOGOV”, “we”, and “our” means Governmentjobs.com, Inc. (D/B/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV” and, where applicable, its other affiliates; “Customer”, “you”, “your” means the NEOGOV client, customer, and/or the subscriber identified in the Order Form). “Services Agreement” or the “Agreement” shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any). “Addendum” means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the “NEOGOV Site”) and, as applicable, made a part of this Agreement. “Special Conditions” means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.
1. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the “Services”). Customer hereby acknowledges and agrees that NEOGOV’s provision and performance of, and Customer’s access to, the Services is dependent and conditioned upon Customer’s full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the earlier of: (i) date of your signature on an applicable Order Form; or (ii) use of the Services commences (the “Effective Date”). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.
2. SaaS Subscription.
a) Subscription Grant. “SaaS Applications” means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the “Service Specifications”). Subject to and conditioned on Customer’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and nonsublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer’s internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the “SaaS Subscription”). “Authorized Users” means (1) Customer employees, agents, contractors, consultants (“Personnel”) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier inthe applicable Order Form. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User’s access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the “Initial Term”). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms, up to a maximum of three (3) years, (each a “Renewal Term” and together with the Initial Term, collectively, the “Term”) unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such party’s intention to not renew the SaaS Subscriptions, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non -divisible
commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.
3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make Docusign Envelope ID: 174CAA71-E311-45B0-AF1F-7F096D202D47 ..
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2 available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.
4. Professional Services. “Professional Services” shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services may include training, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW, this Agreement and documents incorporated herein (including but not limited to the Professional Services Addendum) shall control in the event of a conflict with the terms of the SOW. All Professional Services purchased by Customer must be utilized within twelve (12) months of the date of the applicable Order Form or SOW.
5. Payment Terms.
a) Fees. Customer shall pay all Subscription, Onboarding and Set-Up fees (“Subscription Fees”) and Professional Service fees (“Professional Service Fees”, collectively the “Fees”) as set forth in an Order Form within thirty (30) days of the date of NEOGOV’s invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated “Bill To” party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non-cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth inthe Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term. b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV’s net income or those exempt by applicable state law.
Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days after the Effective Date of this Agreement and thereafter upon NEOGOV’s request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms and conditions of this Agreement. NEOGOV’s failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.
6. Term and Termination.
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3 a) Term. This Agreement shall commence on the Effective Date and shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is terminated earlier in accordance with this Agreement.
b) Termination for Cause; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party’s written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer’s use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy.Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all furtheruse of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, a
s of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. Unless otherwise specified, following 90 days after expiration or termination of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.
7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer’s records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV.
8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. “Update” means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades.
Updates are automatic and available upon Customer’s next login to the Services following an Update at no additional cost to Customer. “Upgrade” means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer’s hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation; Training Materials. “Program Documentation” shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.
NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by selfreview of online materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard features and functions (the “Training Materials”). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities.
c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer’s responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing its obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary. d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays.
Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and the NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case.
e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance orsupport services that are not expressly provided herein, including, but not limited to data uploads, manual Docusign Envelope ID: 174CAA71-E311-45B0-AF1F-7F096D202D47 ..
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4 data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.
9. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the “NEOGOV Intellectual Property”). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered.
10. Data Processing and Privacy.
a) Customer Data. “Customer Data” shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV’s provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV.
NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term “Customer Data”. Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services.
NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual property rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement. b) Platform Data. “Platform Data” shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing.
NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data. c) Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information from users located in the European Union, European Economic Area, or Switzerland (the “EU”) or the United Kingdom (“UK”), or has Authorized Users accessing the Services from the EU or UK, the terms of the NEOGOV Data Processing Addendum (“DPA”) made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement.
d) Data Responsibilities.
i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV’s cloud infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data.
NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless Docusign Envelope ID: 174CAA71-E311-45B0-AF1F-7F096D202D47 ..
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5 otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall provide and institute all appropriate tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses. e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOGOV’s confirmation of the natureand extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV’s systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV, such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all liability inin connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data.
11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services (“Third Party Services”). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term.
12. Nondisclosure.
a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or thatreasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the termsand conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.
However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the DisclosingParty for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the DisclosingParty in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.
c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the Docusign Envelope ID: 174CAA71-E311-45B0-AF1F-7F096D202D47 ..
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6 extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishesto contest the disclosure.
d) Equitable Relief. The parties recognize and agree there is no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.
13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services.
c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS
AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV
DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED.
d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT
CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND
ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES.
e) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services.
NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers’ acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR
ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES.
14. Indemnification.
a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (ii) in connection with Customer’s violation of any applicable laws, or (iii) any claim or allegation by any third party resulting from or related to Customer’s or any of its Authorized User’s breach of Section 3 of this Agreement.
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7 b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party’s intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV.
i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party’s intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination. ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer’s actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third-party intellectual property rights. iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV.
c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at the indemnifying party’s expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party’s prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability.
The indemnified party shall have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying party.
15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS
SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE
OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT UNDER
THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS
AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL
OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
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8 16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer’s documentation, Customer shall reimburse NEOGOV for its out-of-pocket costs associated with compliance with such request, including but not limited to NEOGOV’s reasonable attorneys’ fees.
17. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
18. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer’s logo for such purposes, subject to any trademark usage requirements specified by Customer.
19. Force Majeure. Except for Customer’s payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act, circumstance, event, impediment or occurrence beyond such party’s reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other cause beyond the reasonable control of such party.
20. Independent Contractor; No Third Party Beneficiary; Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.
This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a “Fulfillment Partner”), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services.
21. Entire Agreement; Amendment; Addendum. This Services Agreement, the Exhibits hereto, each Addendum (as may be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents (including the Exhibits and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services.
This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound. If you are subscribing for the HRIS or PowerEngage Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site.
22. General.
a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California.
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9 b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect.
Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same ora different kind. e) Electronic Delivery. Delivery ofa copy of this Agreement or an Order Form bearing an original signature by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature.
f) Assignment. Customer may not assign this Agreement without the express written approval of NEOGOV Any attempt at assignment in violation of this Section shall be null and void. g) Construction. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein.
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10 ExhibitA
Government Customer Addendum
If Customer is a Government Customer, the following Government Customer Addendum (“Government Addendum”) forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof,a “Government Customer” meansa Customer which isa (a) U.S. Federal agency, (b) state government, agency, department, or political subdivision (includinga city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority).
1. Applicability. The provisions of this Addendum shall apply only if Customer isa Government Customer under the Services Agreement.
2. Termination for Non-Appropriation of Funds. If Customer is subject to federal, state or local law which makes Customer’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then Customer will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. It is expressly agreed that Customer shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its fiscal operations. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services fora period of one year after the termination of the Services Agreement.
3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) and the indemnification provision included in Section 17 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.
4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws (“Open Records Laws”) the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to bea waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure requirements in accordance with the applicable Open Records laws.
5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in whicha federal, state, local, tribal or other municipal entity hasa full, majority, or other controlling interest; and/or (iii) any public school (including without limitationK-12 schools, colleges, universities, and vocational schools) (collectively referred to as the “New Entity”) may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any purchases bya New Entity pursuant to this Section, Customer: (i) shall not be construed asa dealer, re-marketer, representative, partner or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or continuinga contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations applicable to the New Entity.
6. Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exclude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any Docusign Envelope ID: 174CAA71-E311-45B0-AF1F-7F096D202D47 ..
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11 access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer'ssystems.
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12 Exhibit B
Integration Terms Addendum
NEOGOV offers integrations and platform APIs for integrations to third party systems (“Integration Services”). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the “Integration Terms Addendum”) shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html and/or https://apidocs.powerdms.com (“Affiliated API”) or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service (“Customer Application”) integrated using NEOGOV’s open API (“Open API”). Integration Services are not available for HRIS Services and this Exhibit B shall not apply to HRIS Services.
1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer’s human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the “API” or “Integration”). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted.
Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the API and all log-in information secure, and must use the API key as Customer sole means of accessing the API.
2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third-party materials, includingall intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.
3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rightor other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API.
4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the “Customer Applications”), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html and/or https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware,or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”),multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.
5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in wholeor in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV. NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control.
6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenantsset forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein.
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13 Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.
7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.
Customer agreesto monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior.
This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.
8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requeststo be made in too short a period of time, as-determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your API connections,or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions.
9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL NEOGOVBE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,
NEGLIGENCE, STRICTLIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST
PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF
BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE
AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.
10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
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City Council Agenda Report
Meeting Date: September 17, 2024
From: Deborah Harrington, Interim City Clerk
Department: City Clerk
Submitted by: Deborah Harrington, Interim City Clerk
Subject
Conflict of Interest Code (Statement of Economic Interests) Recommendation
Adopt Resolution No. 2024-019 amending the City of Vernon Conflict of Interest Code and repealing Resolution No. 2024-01.
Background
The Political Reform Act (Government Code Section 87300) requires every local government agency to review its Conflict of Interest Code biennially to determine its accuracy and provide a report to its governing body identifying changes or alternatively periodically when required amendments are necessary. The Code designates which public officials, employees, commissioners, committee members and consultants are required to file a Statement of Economic Interest (Form 700). The Code also designates all positions that make or participate in making governmental decisions that may have a foreseeable material effect on a filer’s financial interest and requires full disclosure for all designated positions.
On January 16, 2024, the Vernon City Council adopted Resolution No. 2024-01 amending its Conflict of Interest Code. The current code requires amendments due to title changes, position additions, or deletions. The proposed Resolution incorporates the recommended changes. The attached Conflict of Interest Code Positions list (attachment 2) reflects current positions, with any updates to the positions declared in tracked-changes (redlined) format. The individuals serving in positions designated in the Conflict of Interest Code are required to file a Statement of Economic Interests (Form 700) annually to reflect activity for each previous calendar year, utilizing the City’s electronic filing system.
The proposed Resolution includes the following updates since the Conflict of Interest Code’s last adoption in January 2024:
Finance Department: • Risk Manager (added)
Health & Environmental Control: • Environ. Health Program Administrator (removed) Human Resources: • Human Resources program Manager (added) • Senior Legal and Policy Advisor (removed) Public Utilities: • Assistant General Manager – Generation and Operations (removed) • Material Control Administrator (removed) • Principal Electrical Engineer (removed) Public Works Department: • Building and Planning Manager (removed) • Building and Planning Operations Supervisor (added) • Principal Civil Engineer (removed) ..
Item 14 Page 1 of 2
• Public Works Inspector (removed) • Public Works Inspector, Senior (removed) • Public Works Project Coordinator (removed) Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Resolution No. 2024-019
2. Conflict of Interest Code Positions Redline ..
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RESOLUTION NO. 2024-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING A CONFLICT OF INTEREST CODE FOR ALL AGENCIES, BOARDS,
COMMISSIONS, COMMITTEES, DESIGNATED CITY PERSONNEL, AND OFFICIALS AND REPEALING RESOLUTION NO. 2024-01
SECTION 1. Recitals.
A. On January 16, 2024, the City Council of the City of Vernon adopted Resolution No. 2024- 01 amending its Conflict of Interest Code for all agencies, boards, commissions, committees, designated City personnel and officials affiliated with the City, incorporating by reference the standard model Conflict of Interest Code of the Fair Political Practices Commission and repealing all resolutions in conflict therewith.
B. The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt a Conflict of Interest Code and to conduct a biennial review of its code.
C. Government Code Section 87306 requires every agency to amend its Conflict of Interest Code when necessitated by changed circumstances, including the creation of new positions, deletion of old positions and relevant changes in the duties assigned to existing positions.
D. Section 3 of this Resolution accurately sets forth those positions which should be designated and the categories of financial interests, which should be made reportable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.
SECTION 3. The following positions are required to provide full disclosure pursuant to Government Code Section 87200: • City Attorney • City Council • City Manager/Administrator • City Treasurer Additionally, the City requires full disclosure for the positions listed below, which make or participate in making decisions that may foreseeably have a material effect on financial interests.
Full Disclosure includes all interests in real property in the City of Vernon, as well as investments, business positions, and sources of income, including gifts, loans, and travel payments. ..
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Resolution No. 2024-019
_________________________________
Administration Department: • Administrative Assistant (Confidential) • Administrative Assistant, Senior (Confidential)
• Assistant to the City Administrator • Deputy City Administrator • Executive Assistant to the City Administrator • Information Technology Analyst, Senior • Information Technology Manager • Information Technology Project Manager • Public Information Officer City Attorney Department: • Deputy City Attorney • Legal Analyst • Senior Deputy City Attorney City Clerk Department: • City Clerk • Deputy City Clerk Citywide: • Management Analyst • Principal Management Analyst • Procurement Specialist • Senior Management Analyst Commissions and Committees: Members,
Directors, Legal Counsel, Treasurer and
Secretary • Board of Library Trustees • Green Vernon Commission • Successor Agency to the Redevelopment Agency
• Vernon Business and Industry Commission • Vernon CommUNITY Fund Grant Committee
• Vernon Housing Commission
Consultants: • Consultant filling a designated position • The City Administrator, or designee, shall determine, in writing, that a particular
consultant, although a “designated position,”
is hired to perform a range of duties that is
limited in scope and thus is not required to
fully comply with the disclosure requirements
described in this section. Such written
determination shall include a description of
the consultant's duties and, based upon the
description, a statement of the extent of
disclosure requirements. The determination
is a public record and must be retained for
public inspection in the same manner and
location as this Conflict of Interest Code.
Finance Department: • Accountant • Accountant, Senior • Assistant Finance Director • Assistant Buyer • Business and Account Supervisor • Buyer • Deputy City Treasurer • Finance Manager • Finance Specialist • Finance Specialist, Senior • Financial Services Administrator • Payroll Analyst • Risk Manager Health & Environmental Control: • Deputy Director of Health & Environ. Control • Director of Health & Environ. Control • Environ. Health-Hazardous Materials Specialist I • Environ. Health-Hazardous Materials
Specialist II
• Environ. Health-Hazardous Materials
Specialist Trainee
• Environ. Health Technician • Health Officer
..
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Resolution No. 2024-019
_________________________________
Human Resources Department: • Director of Human Resources • Human Resources Analyst • Human Resources Analyst, Senior • Human Resources Program Manager • Police Department: • Police Captain • Police Chief • Police Lieutenant Public Utilities: • Assistant Civil Engineer – Public Utilities • Assistant General Manager of Public Utilities • Assistant Resource Scheduler • Associate Electrical Engineer • Associate Resource Scheduler • Business and Account Supervisor • Chief Utilities Dispatcher • Civil Engineer – Public Utilities • Control Room Operator, Senior • Customer Relations and Marketing Manager • Customer Service Manager • Electrical Engineer • Electric Operations Supervisor • Electric Service Planner • Gas Systems Field Supervisor • Gas Systems Manager • Gas Systems Superintendent • General Manager of Public Utilities • Integrated Resources Manager • Key Accounts Administrator • Maintenance Manager • Operations Manager • Planning and Analysis Manager • Plant Engineer • Power Resources Settlement Analyst • Power Resources Settlement Analyst, Senior
• Principal Resource Planner
• Principal Resource Scheduler/Trader • Resource Planner • Resource Scheduler • Utilities Compliance Administrator • Utilities Compliance Analyst • Utilities Dispatcher, Senior • Utilities Engineering Manager • Utilities Operations Manager • Utilities Operations Supervisor • Utilities Strategic Planning Coordinator • Utilities Program Analyst • Utility Program Administrator • Utilities Project Coordinator • Water Administrator • Water Project Coordinator • Water Project Specialist • Water Superintendent • Water Supervisor Public Works Department: • Assistant Engineer • Assistant Planner • Associate Engineer • Building and Planning Operations Supervisor • Building Inspector • Building Inspector, Senior • Civil Engineer • Code Enforcement Officer • Deputy Director of Public Works • Director of Public Works • Electrical Inspector • Electrical Inspector, Senior • Facilities Maintenance Supervisor • Fleet Supervisor • Plumbing and Mechanical Inspector • Plumbing & Mechanical Inspector, Senior • Project Engineer • Public Works Superintendent • Street Maintenance Supervisor SECTION 4. The Political Reform Act requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, that can be incorporated by reference and which may be ..
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Resolution No. 2024-019
_________________________________
amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. The terms of 2 Cal. Code of Regulations Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. These provisions constitute the Conflict of Interest Code of the City of Vernon. The City of Vernon is considered the "agency" within the purview of this code.
SECTION 5. Designated positions must file Statements of Economic Interests with the City Clerk’s Office utilizing the City’s electronic filing system. The City Clerk will perform the duties of Filing Officer for the City of Vernon.
SECTION 6. Any change provided for in this Conflict of Interest Code will not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor will it affect any prosecution, suit or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code.
SECTION 7. All resolutions or parts of resolutions, specifically Resolution No. 2024-01, not consistent with or in conflict with this resolution are hereby repealed.
SECTION 8. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED September 17, 2024.
_____________________________
Judith Merlo, Mayor
ATTEST:
_______________________________
YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
ZAYNAH N. MOUSSA, City Attorney ..
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Redline – Conflict of Interest Code September 2024
Administration Department: • Administrative Assistant (Confidential) • Administrative Assistant, Senior (Confidential) • Assistant to the City Administrator • Deputy City Administrator • Executive Assistant to the City Administrator • Information Technology Analyst, Senior • Information Technology Manager • Information Technology Project Manager • Public Information Officer City Attorney Department: • Deputy City Attorney • Legal Analyst • Senior Deputy City Attorney City Clerk Department: • City Clerk • Deputy City Clerk Citywide:
• Management Analyst • Principal Management Analyst • Procurement Specialist • Senior Management Analyst Commissions and Committees: Members, Directors, Legal Counsel, Treasurer and Secretary • Board of Library Trustees • Green Vernon Commission • Successor Agency to the Redevelopment Agency • Vernon Business and Industry Commission • Vernon CommUNITY Fund Grant Committee • Vernon Housing Commission
Consultants: • Consultant filling a designated position • The City Administrator, or designee, shall determine, in writing, that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code.
Finance Department: • Accountant • Accountant, Senior • Assistant Finance Director • Assistant Buyer • Business and Account Supervisor • Buyer • Deputy City Treasurer ..
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Redline – Conflict of Interest Code September 2024 • Finance Manager • Finance Specialist • Finance Specialist, Senior • Financial Services Administrator • Payroll Analyst • Risk Manager Health & Environmental Control: • Deputy Director of Health & Environ. Control • Director of Health & Environ. Control • Environ. Health Program Administrator • Environ. Health-Hazardous Materials Specialist I • Environ. Health-Hazardous Materials Specialist II • Environ. Health-Hazardous Materials Specialist Trainee • Environ. Health Technician • Health Officer Human Resources Department: • Director of Human Resources • Human Resources Analyst • Human Resources Analyst, Senior • Human Resources Program Manager • Senior Legal and Policy Advisor Police Department: • Police Captain • Police Chief • Police Lieutenant Public Utilities: • Assistant Civil Engineer – Public Utilities • Assistant General Manager – Generation and Operations • Assistant General Manager of Public Utilities • Assistant Resource Scheduler • Associate Electrical Engineer • Associate Resource Scheduler • Business and Account Supervisor • Chief Utilities Dispatcher • Civil Engineer – Public Utilities • Control Room Operator, Senior • Customer Relations and Marketing Manager • Customer Service Manager • Electrical Engineer • Electric Operations Supervisor • Electric Service Planner • Gas Systems Field Supervisor • Gas Systems Manager • Gas Systems Superintendent • General Manager of Public Utilities • Integrated Resources Manager • Key Accounts Administrator • Maintenance Manager • Material Control Administrator ..
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Redline – Conflict of Interest Code September 2024 • Operations Manager • Planning and Analysis Manager • Plant Engineer • Power Resources Settlement Analyst • Power Resources Settlement Analyst, Senior • Principal Electrical Engineer • Principal Resource Planner • Principal Resource Scheduler/Trader • Resource Planner • Resource Scheduler • Utilities Compliance Administrator • Utilities Compliance Analyst • Utilities Dispatcher, Senior • Utilities Engineering Manager • Utilities Operations Manager • Utilities Operations Supervisor • Utilities Strategic Planning Coordinator • Utilities Program Analyst • Utility Program Administrator • Utilities Project Coordinator • Water Administrator • Water Project Coordinator • Water Project Specialist • Water Superintendent • Water Supervisor Public Works Department: • Assistant Engineer • Assistant Planner • Associate Engineer • Building and Planning Manager • Building and Planning Operations Supervisor • Building Inspector • Building Inspector, Senior • Civil Engineer • Code Enforcement Officer • Deputy Director of Public Works • Director of Public Works • Electrical Inspector • Electrical Inspector, Senior • Facilities Maintenance Supervisor • Fleet Supervisor • Plumbing and Mechanical Inspector • Plumbing & Mechanical Inspector, Senior • Principal Civil Engineer • Project Engineer • Public Works Inspector • Public Works Inspector, Senior • Public Works Project Coordinator • Public Works Superintendent • Street Maintenance Supervisor ..
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City Council Agenda Report
Meeting Date: September 17, 2024
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Veronica Petrosyan, Deputy Director of Health and Environmental Control
Subject
Agreement with the Southeast Area Animal Control Authority (SEAACA) for Animal Control Services
Recommendation
A. Find that it is commercially unreasonable to rebid the proposed agreement with SEAACA every three years as SEAACA is a public agency providing animal control services in the Southeast area; and
B. Approve and authorize the Mayor to execute an Agreement with SEAACA, in substantially the same form as submitted, for animal control services for a total amount not-to-exceed $150,000, for a 5-year term.
Background
The Department of Health and Environmental Control (DHEC) is requesting approval to execute an agreement with SEAACA for on-call animal control support services. The Director of DHEC serves as the City of Vernon Animal Control Officer, overseeing the enforcement of the City’s animal control laws. Since 1980, the City has contracted with SEAACA, an independent unit of government (Joint Powers Authority), to provide on-call animal-control support services. The most recent agreement with SEAACA was approved on July 2, 2019 and was for a 5-year term beginning July 1, 2019 through June 30, 2024.
The proposed agreement with SEAACA, is exempt from competitive bidding in accordance with Vernon Municipal Code (VMC) Section 3.32.110(A)(5), which provides an exemption for “contracts with governmental entities for supplies, equipment or services.” SEAACA is a governmental entity that provides a unique service that is commercially unreasonable to rebid every three years. Accordingly, the proposed agreement stipulates a 5-year term (July 1, 2024, to June 30, 2029). City Council approval of the proposed Agreement is required based on the total contract amount exceeding $100,000 pursuant to VMC Section 3.32.040(A) and based on the 5-year term, as pursuant to VMC Sections 3.32.220(B) and 3.32.110 (B)(3), only Council has the authority to make the finding that it is “commercially unreasonable” to rebid this contract in three years.
The proposed agreement also allows for annual fee adjustments with the consent of both parties.
In accordance with VMC Section 3.32.220(C), SEAACA’s fees are equivalent to its direct costs for providing services, and potential fee increases would be limited to a pass-through of increased costs charged to the contractor.
The proposed agreement has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact ..
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The fiscal impact is estimated at $150,000. Sufficient funds are available in the General Fund, Health Department, Professional Services Technical Account No. 011-020-200-529225 for the current fiscal year and will be budgeted in subsequent years.
Attachments
1. SEAACA Agreement ..
Item 15 Page 2 of 2
________________________________________________________________________________________________ VERNON 2024 - 2025 1 8/5/2024
AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT (“Agreement”) is entered into this 1st day of July 2024 by and between the SOUTHEAST AREA ANIMAL CONTROL AUTHORITY, whose address is 9777 SEAACA Street, Downey, California 90241 (herein "SEAACA") and the CITY OF VERNON, a California Municipal corporation, whose address is 4305 Santa Fe Avenue, Vernon, California 90058 (herein "CITY"), (cumulatively the “Parties”).
RECITALS
A. SEAACA is a public agency organized by the cities of Downey, Norwalk, Pico Rivera, Bell Gardens, Montebello, Paramount, Santa Fe Springs and South El Monte pursuant to the provisions of Section 6500 et seq. of the California Government Code for the purpose of providing animal control services within the boundaries of those cities and such other municipal corporations as are approved by SEAACA:
B. SEAACA has performed animal control services for the CITY during the fiscal years 1980- 1981 through 2023-2024 in accordance with Agreements, and the CITY and SEAACA desire to continue the contractual relationship.
C. Both CITY and SEAACA have authorized entering into this Agreement by formal action of their respective governing bodies, taken at properly noticed public meetings. NOW THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:
SECTION I. SEAACA AGREES:
1.To perform the following services for CITY:
a. The impounding and picking up of stray, sick or injured animals from the public streets and private property;
b. The enforcement of applicable leash law requirements; c. The operation of animal control shelters;
d. The enforcement of applicable rabies vaccination requirements; e. The enforcement of applicable standards for animal care; f. The enforcement of applicable State statutes and ordinances, and such other services as are customarily rendered by SEAACA.
2. To provide kennel and animal shelter services to CITY at 9777 SEAACA Street, Downey, California. At that facility SEAACA shall accept all animals delivered for impound from CITY on a 24-hour-a-day, seven-days-a-week basis.
3. During the course of this Agreement, CITY shall be provided animal control services as needed and pursuant to a request for emergency or routine services by the CITY or its Police Department or CITY Residents.
4. That if requested in writing by CITY, additional hours of patrol and called for services, as described herein, may be performed by SEAACA when SEAACA determines that such additional services will not interfere with the maintenance level of the animal control services provided elsewhere by SEAACA. CITY will pay for such additional services in such amounts as are agreed to by SEAACA and CITY.
5..To maintain its kennels and animal shelter in a humane manner and keep said premises in .
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_______________________________________________________________________________________ VERNON 2024- 20252 8/5/2024
a sanitary condition at all times; to comply with all applicable laws of the State of California; and to give the prescribed notices and humane methods for the care and destruction of any animal coming under its jurisdiction.
6. At CITY's request, as set forth in this section, to inspect and canvass all properties within the CITY to determine the location at which animals are present, provided, however, SEAACA shall not be involved in the actual issuance of licenses for any such animals. If CITY desires this service, it agrees to give SEAACA thirty (30) days written notice prior to the start of the Fiscal Year in which the inspection and canvass is to be performed. Fiscal Year shall be the period from July 1 through June 30. If CITY requests this inspection and canvass, it further agrees to pay to SEAACA the amount that will be calculated and presented to the CITY fifteen (15) days prior to the start of the Fiscal Year.
SECTION II. CITY AGREES:
1. To cooperate and assist SEAACA in performing its obligations hereunder. 2. To pay SEAACA during the first year of this Agreement in accordance with the schedule of fees outlined in the attachment, Exhibit "A", (hereinafter “Fee Schedule”) setting forth Field, Shelter and medical fees and billed to CITY periodically, said sum to be paid within thirty (30) days after receipt of invoice. The Fee Schedule shall be adjusted annually by mutual agreement of the Parties. Prior to the end of each year of this Agreement the Parties shall commence negotiations for the Fee Schedule to apply for the next fiscal year. If the Parties are unable to agree upon a Fee Schedule, the Parties may terminate this Agreement. Each Fee Schedule after the first year of this contract shall be reduced to writing and signed by all Parties. If payment is not delivered to SEAACA within thirty (30) days after CITY's receipt of invoice, payment shall be considered to be delinquent and SEAACA is entitled to recover interest thereon. Said interest shall be at the rate of 1% per calendar month or any portion thereof on delinquent funds. If such payment is not delivered to SEAACA within the time set forth hereinabove, SEAACA may satisfy such indebtedness, including interest thereon, from any funds of the CITY on deposit or to the credit of SEAACA, without giving further notice to CITY of SEAACA's intent to do so.
3. To furnish to SEAACA at CITY's own cost and expense, any notices, forms, or other documents of a similar nature which are to be issued in the name of the CITY.
SECTION III. THE PARTIES AGREE:
1. That the services to be performed by SEAACA shall only encompass those duties and functions of SEAACA which are rendered by it, and which is authorized to provide pursuant to the provisions of the Joint Exercise of Powers Agreement and the statutes of this State.
2. That the rendition of services performed hereunder, the standard of performance and other matters incidental to the performance of such services and control of personnel so employed shall remain in SEAACA. In the event that a dispute arises between SEAACA and the CITY as to the extent of the duties and functions to be rendered hereunder or the manner of the performance of such services, the determination thereof shall be made by SEAACA.
3. That for the purpose of performing all functions, SEAACA shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to provide the level of services to be rendered hereunder. ..
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_______________________________________________________________________________________ VERNON 2024- 20253 8/5/2024
4. That all persons employed by SEAACA in the performance of this Agreement shall be SEAACA employees and no CITY employee as such shall be taken over by said SEAACA, and no person employed hereunder shall have any CITY pension, civil service, or any status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance thereof where necessary, every SEAACA officer and employee engaged in the performance of any service hereunder shall be deemed to be an officer or employee of said CITY while performing services for said CITY, which services are within the scope of this Agreement.
SECTION IV. INDEMNIFICATION
1. That CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation for any SEAACA personnel performing services hereunder for said SEAACA, or any liability other than that provided for in this Agreement. Except as herein otherwise specified the CITY shall not be liable for compensation or indemnity to any SEAACA employee for injury or sickness arising out of his/her employment.
2. That SEAACA, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of said CITY or of any officer or employee thereof, nor for any defective or dangerous condition of the property of the CITY, and CITY shall hold SEAACA and its officers and employees harmless from, and shall defend SEAACA and the officers and employees thereof against any claim for damages resulting there from.
3. That CITY, its officers and employees shall not be deemed to assume any liability for intentional or negligent acts of SEAACA or of any officer or employee thereof, and SEAACA shall hold CITY and its officers and employees harmless from and shall defend CITY and the officers and employees thereof against any claim for damages resulting there from.
SECTION V. INSURANCE
SEAACA is a member of the California Joint Powers Insurance Authority (California JPIA) and participates in self-insurance and commercial insurance programs administered by the California JPIA for its members. Primary Liability Program, including Automobile Liability Coverage Limit is $2,000,000 per occurrence, Annual Aggregate Limit shall be $2,000,000; Workers’ Compensation Program Coverage Limits shall be Statutory, Employers Liability is $1,000,000.
SECTION VI. TERM
That the term of this Agreement shall be for the period of five years, July 1, 2024, through June 30, 2029, inclusive, unless the Agreement is terminated as herein provided. CITY AND SEAACA may extend this agreement for an additional five-year period by mutual written agreement.
Should SEAACA default during the term of this Agreement in the performance of its obligations as set forth herein and fail to cure said default within fifteen (15) days' written notice to do so, then CITY may terminate this Agreement, and upon payment to SEAACA of monies owing to SEAACA for satisfactory performances rendered pursuant to this Agreement and through the date of said termination, thereafter, there shall be no obligation of the CITY to SEAACA. Should CITY fail to pay the sums owing to SEAACA as provided hereunder or otherwise default in any provision of this Agreement and fail to cure said default within fifteen (15) days' written notice to ..
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_______________________________________________________________________________________ VERNON 2024- 20254 8/5/2024
do so then SEAACA may terminate this Agreement and upon the effective date of the termination, there shall be no further obligation of SEAACA to the CITY. Such termination shall not be deemed a waiver of any rights SEAACA may have against CITY for any sums due to SEAACA under the terms of this Agreement.
SECTION VII. AMENDMENT
This Agreement shall not be amended, or any provision or breach hereof waived, except in writing signed by the parties expressly referring to this Agreement.
SECTION VIII. NOTICE
That any notice required to be sent hereunder shall be deemed received if addressed to the address of the parties as set forth hereunder and deposited, postage prepaid, in the United States Post Office, or to such other address as the parties may, from time to time, in writing, furnish to the other party.
IN WITNESS WHEREOF, the CITY OF VERNON by order of its City Council caused this Agreement to be signed by its Mayor and attested by its Clerk, and SEAACA, by order of its Commission, has caused this Agreement to be subscribed by the Chairman of said Commission and attested by the Executive Director of said Commission. ..
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_______________________________________________________________________________________ VERNON 2024 - 2025 5 8/5/2024
AGREEMENT WITH SOUTHEAST AREA ANMAL CONTROL AUTHORITY FOR ANIMAL CONTROL AND SHELTERING SERVICES FOR FISCAL YEAR 2024-2025 -Signature Page-
CITY OF VERNON
BY: ____________________________________
Judith Merlo, Mayor
SOUTHEAST AREA ANIMAL CONTROL AUTHORITY
BY: ____________________________________
Tony Ayala, Chairperson
ATTEST:
_________________________________
Yonnie Parker, Deputy City Clerk
APPROVED AS TO FORM AND CONTENT:
________________________________
Zaynah N. Moussa, City Attorney
ATTEST:
_____________________________
Denise Woodside, Executive Director
APPROVED AS TO FORM AND CONTENT:
_____________________________
Scott Nichols, SEAACA Attorney ..
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_______________________________________________________________________________________ VERNON 2024 - 2025 6 8/5/2024
EXHIBIT A
FEES SCHEDULE: JULY 1, 2024, THROUGH JUNE 30, 2025
AGREEMENT FOR ANIMAL CONTROL AND SHELTERING SERVICES - CITY OF VERNON
ITEM UNIT COST
Field Officer Service, per hour$102.08
Shelter of live animals; per animal, per day$ 21.10
Special holding, quarantine impounds;
Per animal, per day$ 34.04
Veterinary medical services, per impound
$110.00
Impoundment of livestock, per animal $185.00 Use of special equipment, per hour $125.00 ..
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City Council Agenda Report
Meeting Date: September 17, 2024
From: Michael Earl, Director of Human Resources
Department: Human Resources
Submitted by: Lisa Wirtz, Human Resources Analyst
Subject
2025 Calendar Year Medical, Dental, Vision, Life, and Employee Assistance Program Benefit Proposals for City Employees and Retirees
Recommendation
Approve the acceptance of the 2025 Calendar Year Medical, Dental, Vision, Life, and Employee Assistance program proposals and authorize the City Administrator to execute 2025 calendar year carrier agreements with Blue Shield of California, Anthem, MetLife, EyeMed, Lincoln Financial, and Anthem PRISM EAP.
Background
Each year, with the assistance of the City’s insurance benefits brokerage and consulting firm, currently Alliant Insurance Services, Inc., the City reviews its various lines of coverage for employees and retirees to ensure the City is continuously receiving competitive rates. Blue Shield of California currently provides four (4) medical plans for employees and early retirees. For calendar year 2025, Blue Shield of California submitted a proposal with the desired benefits and coverage at competitive rates. The Access+ HMO 15, TRIO ACO HMO 15, PPO Combined Deductible and the HDHP PPO Savings Embedded plans were negotiated between the carrier and broker with a final renewal rate increase of 3%.
Blue Shield of California has continuously provided the City with competitive rates while maintaining the same level of coverage for employees and retirees. In 2024, the renewal for all Blue Shield plans came in at a 6% increase. The City’s final negotiated renewal premium rate increases continue to remain below the market trend for comparable plans in the state of California. In addition, Blue Shield of California has continuously provided a wellness stipend of between $25,000 an $30,000 for which the City may use to offset the cost of providing a variety of programs and services. For 2025, Blue Shield of California has increased the wellness stipend to $40,000. Furthermore, Blue Shield of California is offering a Special Premium Arrangement equal to 25% of the first month’s gross premium, not to exceed $101,918, which will be applied as a credit towards the City’s invoice. It is recommended that the City continue to contract with Blue Shield of California for the 2025 calendar year.
Anthem currently provides two (2) Medicare plans for retirees. For calendar year 2025, Anthem submitted a proposal with the desired benefits coverage at competitive rates consistent with the Medicare plan market. Regulatory changes for both medical and prescription drug coverage in this market has resulted in larger premium increases for 2025 than historically seen with Medicare plans. The Anthem Medicare HMO was negotiated with a final rate increase of 26.9% and the Anthem Medicare PPO was negotiated at a final rate increase of 21.3%. Anthem has continuously provided the City with competitive rates while maintaining the same level of coverage for Medicare-eligible retirees. It is recommended that the City continue to contract with Anthem for the 2025 calendar year.
MetLife currently provides two (2) dental plans for employees and retirees. For 2025, MetLife submitted a proposal with the desired benefits and coverage at competitive rates. The Dental ..
Item 16 Page 1 of 2
HMO plan is in a rate guarantee with no increase for the 2025 calendar year. For the Dental PPO plan, MetLife has proposed an increase of 6%. It is recommended that the City continue to contract with MetLife for the 2025 calendar year.
EyeMed currently provides vision insurance benefits for City employees. There is no change in premiums for the 2025 plan year. It is recommended that the City continue to contract with EyeMed to provide vision insurance benefits for 2025.
Mutual of Omaha is our current provider for the City’s Basic Life Insurance, Voluntary Life Insurance, and Voluntary Long Term Disability benefits for employees and eligible dependents.
Alliant Insurance Services presented two (2) additional carriers that provided competitive quotes.
Lincoln Financial offered to match our existing plan design as Mutual of Omaha provides at a cost savings of 16.9% in Basic Life Insurance premiums with a three (3) year rate guarantee. In addition, Lincoln includes a benefit enhancement allowing for two (2) incremental increases in voluntary coverage above the Guaranteed Issue amount and without requiring Evidence of Insurability (EOI). It is recommended that the City change life insurance carriers and contract with Lincoln Financial for the 2025 calendar year.
The City also provides an Employee Assistance Program (EAP) benefit provided through Anthem PRISM EAP. The renewal for the EAP provides the same coverage with no increase in premiums for 2025. It is recommended that the City continue to contract with Anthem PRISM EAP for the 2025 calendar year.
Fiscal Impact
The total annual estimated premium for all lines of coverage is $5,449,457. The amount will vary based on enrollment of employees and retirees and their plan selections. Furthermore, the total annual premium is offset by employee and retiree contributions. Below is a breakdown of the approximate cost per line of coverage:
Blue Shield of California: $4,892,052
Anthem: $249,647
MetLife: $253,526
EyeMed: $46,267
Lincoln: $3,666
Anthem PRISM EAP: $4,299
Sufficient funds for this expenditure are available in the Insurance Premiums – Medical Account for each City Department’s Fiscal Year 2024-25 budget and will be subsequently budgeted for the remainder of the renewal period.
Attachments
1. Benefit Renewal Confirmation Documents ..
Item 16 Page 2 of 2
701 B Street, 6th Floor, San Diego, CA 92101
September 10, 2024
Danita Mitchell
Blue Shield
Please accept this as formal confirmation to Blue Shield on behalf of the City of Vernon for their medical plans.
PLAN AND RATE CONFIRMATION
Line of Coverage: Access + HMO 15, Trio ACO HMO 15, PPO, HDHP PPO Policy #: W0065496
Rate Guarantee: 1 year rate guarantee (1/1/2025 – 12/31/2025) Renewing as is with the following changes:
- ALL Rx Riders, All PPO Savings Plans: o Brand Drugs with generic equivalents or biosimilar drugs - To encourage the use of generic and biosimilar drugs, a member must pay the difference between the brand drug and its generic equivalent or biosimilar drug plus the applicable copay of the brand drug when the member or provider requests the brand drug. - Rx Home Delivery - Amazon Rx Home delivery will be replacing CVS Caremark as our mail order partner. Impacted members will be notified fall of 2024. - Full PPO Savings Two-Tier Embedded Deductible 2800/3300/5200 with $0 HDHP Preventive Drug Benefit o In accordance with IRS guidelines, the High Deductible Health Plan deductible will be increased to the minimum value of $1,650 per individual and $3,300 per family. The out-of-pocket maximum has also been raised to align with these minimum deductible values.
Blue Shield Access + HMO 15:
EE Only: $902.87
EE + SP: $1701.90
EE + Child(ren): $1543.59
EE + Family: $2399.29
Blue Shield TRIO ACO HMO 15:
EE Only: $682.78
EE + SP: $1502.10
EE + Child(ren): $1229.00
EE + Family: $2116.60
Blue Shield PPO:
EE Only: $998.62
EE + SP: $2196.99
EE + Child(ren): $1797.53
EE + Family: $3095.76 ..
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701 B Street, 6th Floor, San Diego, CA 92101
Blue Shield HDHP PPO:
EE Only: $698.97
EE + SP: $1542.16
EE + Child(ren): $1261.06
EE + Family: $2174.54
Special Premium Arrangement
SPA in the amount equivalent to 25% of first month’s gross premium (premium + producer service fee) not to exceed $101,918 from 1/1/2025 through 12/31/2025 policy year. Dollars will be paid by BSC directly to the group in the form of a credit to billed premium. However, if the group terminates with Blue Shield prior to 12/31/2025, the group will be required to remit all the money associated with the SPA at the time of termination.
Wellness Allowance
$40,000
ALLIANT INSURANCE SERVICES COMMISSION CONFIRMATION
Net Commissions
Once the below items are available, please provide:
• SBCs
• Electronic Versions of Enrollment Materials (anything that would normally be included in an open enrollment packet so the group can have it electronically – employee enrollment and change forms, etc.)
• Final Sold Plan Summaries
• Contracts
• Contact Sheet for Employer Use
If all the above is confirmed by you, please sign this letter below.
Sincerely,
Paul Cocanour
Alliant Insurance Services, Inc. ____________________________________ _________________________________ Date ..
Item 16 Page 2 of 9
September 11, 2024
Peter Cassidy
Anthem
Please accept this as formal confirmation to Anthem on behalf of the City of Vernon for their Medicare plans.
PLAN AND RATE CONFIRMATION
Line of Coverage: Anthem Advantage HMO and Anthem LPPO $10P High plans.
Policy #: CAEGR030
Guarantee: 1 year rate guarantee (1/1/2025 – 12/31/2025) Renewing as is with no benefit changes.
Anthem Advantage HMO:
Medicare HMO PEPM: $435.03
Anthem LPPO:
Medicare PPO PEPM: $524.96
ALLIANT INSURANCE SERVICES COMMISSION CONFIRMATION
Net of commissions
Once the below items are available, please provide: • SBCs • Electronic Versions of Enrollment Materials (anything that would normally be included in an open enrollment packet so the group can have it electronically – employee enrollment and change forms, etc.) • Final Sold Plan Summaries • Contracts • Contact Sheet for Employer Use If all the above is confirmed by you, please sign this letter below.
Sincerely,
Paul Cocanour
Alliant Insurance Services, Inc.
____________________________________ ___9/11/24______________________ Date ..
Item 16 Page 3 of 9
Please accept this as formal confirmation to MetLife on behalf of the City of Vernon for their Dental PPO plan.
PLAN AND RATE CONFIRMATION
Line of Coverage: MetLife Dental PPO
Policy #: 5956024
Rate Guarantee: 1 year rate guarantee (1/1/2025 12/31/2025) Renewing as is with no plan changes.
EE only: $64.48
EE + Spouse: $127.07
EE + Child(ren): $155.63
EE + Family: $237.42
ALLIANT INSURANCE SERVICES COMMISSION CONFIRMATION
Net Commissions (please confirm)- Correct
Once the below items are available, please provide:
SBC- These are only updated when there have been changes to the plans.
Electronic Versions of Enrollment Materials (anything that would normally be included in an open enrollment packet so the group can have it electronically employee enrollment and change forms, etc.) Since the group is on a file feed all eligibility updates should be fed over directly on the file feed. Attached are EE facing flyers.
Final Sold Plan Summaries- Attached
Contracts- We only provide updated contracts when there have been changes to the plans and even then we would only provide a certificate rider. Since there are no changes for 2025 the current contracts remain valid.
Contact Sheet for Employer Use- Attached
If all the above is confirmed by you, please sign this letter below. ..
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City Council Agenda Report
Meeting Date: September 17, 2024
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Veronica Petrosyan, Deputy Director of Health and Environmental Control
Subject
Transfer Agreement No. 2024MP81 with the Los Angeles County Flood Control District (District) for Safe, Clean Water Program Funds (Measure W)
Recommendation
Approve and authorize the City Administrator to execute a Transfer Agreement between the City of Vernon and the District, in substantially the same form as submitted, to receive Measure W funds for a 4-year term.
Background
In November 2018, the Los Angeles County voters approved Measure W, the Safe, Clean Water Program. This initiative aims to enhance local water supply, improve water quality, and safeguard public health. Additionally, the SCWP assists municipalities in meeting the requirements of the Municipal Separate Storm Sewer System (MS4) Permit. According to Section 16.04.A.2 of the District Code, 40% of annual SCWP tax revenues will be allocated to municipalities within the District. The distribution will be proportional to the amount of revenue collected in each municipality. Furthermore, Section 16.05.A.1 mandates that municipalities must establish a Transfer Agreement with the District before receiving SCWP funds.
On August 6, 2024, the City Council approved to execute Transfer Agreement No. 2024MP81 between the City of Vernon and the District to receive annual Safe, Clean Water Program funds (Measure W) for a 4-year term (Attachment 2). Subsequent to the approval, the City received a revised agreement from the District which added Section VII - Execution of Agreement to outline the signature requirements. The updated version of the agreement must be executed by the City to receive SCWP funds.
The updated Transfer Agreement No. 2024MP81 has been reviewed and approved as-to-form by the City Attorney’s Office.
Fiscal Impact
Entering into this Transfer Agreement will result in an estimated $925,000 in revenue to the General Fund, which will be allocated annually through the budget process to the Public Works and Health Departments.
Attachments
1. Updated Transfer Agreement No. 2024MP81
2. August 6, 2024 Agenda Report ..
Item 17 Page 1 of 1
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND VERNON AGREEMENT NO. 2024MP81
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Vernon, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: Vernon Name: Haris Harouny Name:
Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:
Phone: (626) 300-2620 Phone:
Municipal Program
Agreement No.2024MP81
July 1, 2024
Veronica Petorsyan
4305 Santa Fe Ave, Vernon, CA 90058
(323) 826-1448
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Item 17 Page 1 of 14
Email: [email protected] Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.
B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.
B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.
VII. EXECUTION OF AGREEMENT
This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.
The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (nonfacsimile/electronic) transmission of “original” versions of such documents.
Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature.
Municipal Program
Agreement No.2024MP81
Item 17 Page 2 of 14
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
By:
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name:
Title:
Date:
Municipal Program
Agreement No.2024MP81
ATTEST:
___________________
Yonnie Parker,
Deputy City Clerk
APPROVED AS TO FORM:
____________________
Zaynah N. Moussa,
City Attorney
Daniel Calleros
Interim City Administrator
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E
XHIBITA–ANNUALPLANCONTENTS
A-1. Descriptionofall projectsanticipatedtobefundedusingtheSCWProgramPayment. Includeadiscussionofhow theprojectswill result intheachievementofoneormoreSCWProgramGoals, includingquantitativetargetsand correspondingmetricsforsubsequentreportingofall applicableparameters. A-2. Description of all programs anticipated to be funded using the SCW Progra mPayment. Includeadiscussionof
howtheprogramswill result intheachievementofoneormoreSCWProgramGoals; includingquantitativetargets andcorrespondingmetricsforsubsequentreportingofall applicableparameters. A-3. Description of all operation and maintenance activities anticipated to be funded usingtheSCWProgramPayment. Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals. Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable. A-7. Provide the budget for the activities described in provisions A1 throughA-5 SCW Program Payment. Municipal Program Agreement No.2024MP81 Page 4 of 14 ..
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E
XHIBITB–GENERALTERMSANDCONDITIONS
B-1. AccountingandDepositofFundingDisbursement
1. SCWProgramPaymentsdistributedtotheMunicipalityshall beheld inaseparate interest-bearingaccountand shall notbecombinedwithotherfunds. Interestearnedfromeachaccountshall beusedbytheMunicipalityonly foreligibleexpendituresconsistentwiththerequirementsoftheSCWProgram. 2. The Municipality shall not be entitled to interest earned on undisbursed SCW Pro gramPayments; interestearned
priortodisbursement ispropertyoftheDistrict. 3. The Municipality shall operate in accordance wit hGenerallyAcceptedAccountingPrinciples(GAAP). 4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW P rogram
Payment. B-2. Acknowle
dgementofCreditandSignage
TheMunicipalityshall includeappropriateacknowledgementofcredittotheDistrict’sSafe, CleanWaterProgramfor its supportwhenpromotingactivitiesfundedwithSCWProgramfundsorusinganydataand/or informationdeveloped SCWProgramfunds. WhentheSCWProgramPayment isused, inwholeor inpart, forconstructionofan infrastructure Project, signageshall beposted inaprominent locationatProjectsite(s)orattheMunicipality’sheadquartersandshall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. B-3. Acquisition of Real Property - Covenant Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that ar e
consistentwiththeSCWProgramGoalsandwiththeprovisionsofChapter16and18oftheCode. Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program fundsshall record
adocument intheofficeoftheRegistrarRecorder/County
Clerkcontainingacovenantnottosell orotherwiseconveythereal propertywithoutthepriorexpresswrittenconsentof theDistrict, whichconsentshall notbeunreasonablywithheld. B-4. Amendment Except as provided in Section II of the Agreement, no amend mentorvariationofthetermsofthisAgreementshall be
validunlessmade inwritingandsignedbytheparties. Nooral orwrittenunderstandingoragreementnot incorporated in thisAgreement isbindingonanyoftheparties. B-5. Assignment The Municipality shall not assign this Agreemen t. B-6. Audit and Recordkeeping 1. The Municipality shall retain for a period o fseven(7)years, all recordsnecessary inaccordancewithGenerally AcceptedAccountingPrinciplestodeterminetheamountsexpended, andeligibilityofProjects implemented usingSCWProgramPayments. TheMunicipality, upondemandbyauthorizedrepresentativesoftheDistrict, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, origin al estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures. 2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds. 3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period th Municipal Program Agreement No.2024MP81 Page 5 of 14 ..
Item 17 Page 5 of 14
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odetail theprecedingthree(3)yearsofexpenditures. Auditreportsshall bepostedontheDistrict’spublicly accessiblewebsite. Duedateexamplebelow. Every Third Fisc al Year
Fiscal YearAuditBeginsAuditReportDuetoDistrict
2023-247/1/2027No laterthan3/31/2028
4. Uponreasonableadvancedrequest, theMunicipalityshall permittheChiefEngineertoexaminethe infrastructure ProjectsusingSCWProgramPayments. TheMunicipalityshall permittheauthorizedDistrictrepresentative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other report s, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program. 5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of t his
Agreement, shall besubjecttotheenforcementandremedyprovisionsofSection18.14oftheCode. B-7. Availability of Funds District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient fu ndsto
permitthedisbursementsprovidedforherein. Ifsufficientfundsarenotavailableforanyreason including, butnot limited to, failuretofundallocationsnecessaryfordisbursementoftheSCWProgramPayment, theDistrictshall notbe obligatedtomakeanydisbursementstotheMunicipalityunderthisAgreement. Thisprovisionshall beconstruedasa conditionprecedenttotheobligationoftheDistricttomakeanydisbursementsunderthisAgreement. Nothing inthis Agreementshall beconstruedtoprovidetheMunicipalitywitharightofpriorityfordisbursementoveranyother Municipality. IfanydisbursementsduetotheMunicipalityunderthisAgreementaredeferredbecausesufficientfundsare unavailable, it isthe intentionoftheDistrictthatsuchdisbursementwill bemadetotheMunicipalitywhensufficientfunds dobecomeavailable, butthis intention isnotbinding. IfthisAgreement’sfundingforanyFiscal Year isreducedor deletedbyorderoftheBoard, theDistrictshall havetheoptiontoeithercancel thisAgreementwithno liabilityoccurring totheDistrictorofferanamendmenttotheMunicipalitytoreflectthereducedamount. B-8. Choice of Law The laws of the State of California govern this Agreement. B-9. Claims Any claim of the Municipality is limited to the rights, remedies, and claims procedures providedtotheMunicipalityunder
thisAgreement. Municipal expendituresofaSCWProgramPaymentthat involvestheDistrictshall utilizeaseparate andspecificagreementtothatProjectthat includesappropriate indemnificationsupersedingthat inthisAgreement. B-10. Compliance with SCW Program The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code. B-11. Compliance with Law, Regulations, etc. The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements. B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or po rtion
ofanyProjectfunded inwholeor inpartwithSCWProgramPaymentsduringtheuseful life(definedas30yearsunless specifiedotherwise inannual plansandsubsequentreports)oftheProjectwithoutpriorwrittenapproval oftheDistrict. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project. B-13. Disputes Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve th e
dispute. If the ma
tterhasnotbeenresolvedthroughtheprocesssetforth intheprecedingparagraph, anypartymay initiate mediationofthedispute. Mediationwill bebeforearetiredjudgeormediationservicemutuallyagreeabletotheparties. Municipal Program AgreementNo.2024MP81
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ostsofthemediation, includingmediatorfees, will bepaidone-halfbytheDistrictandone-halfbytheMunicipality. SCW Program Payments shall not be used to pay for any costs of the mediation. The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law. B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a
CaliforniaRegisteredProfessional (i.e., Professional Civil Engineer, EngineeringGeologist)thatthedesignhasbeen completed. Upon comple
tionoftheproject, theMunicipalityshall provideforafinal inspectionandcertificationbyaCalifornia RegisteredProfessional (i.e., Professional Civil Engineer, EngineeringGeologist), thattheProjecthasbeencompleted in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement. B-15. Force Majeure. In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. B-16. Funding Considerations and Exclusions 1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3. 2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. B-17. Indemnification The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality. B-18. Independent Actor The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District. The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-19. Integration This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement. B-20. Lapsed Funds 1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from Municipal Program Agreement No.2024MP81 Page 7 of 14 ..
Item 17 Page 7 of 14
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heendofthefiscal year inwhichthosefundsaretransferredfromtheDistricttotheMunicipality. 2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the endofthefiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District. 3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area t o
anewProjectwithbenefittothatMunicipality, iffeasible inareasonabletimeframe, orotherwisetothe WatershedArea. 4. In the event that fu
ndsareto lapse, duetocircumstancesbeyondtheMunicipality’scontrol, thentheMunicipality mayrequestanextensionofuptotwelve(12)months inwhichtocommitthefundstoeligibleexpenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later th an
three(3)monthsbeforethefundsareto lapse. 5. The decision to grant an extension is at the sole discretionoftheDistrict. 6. Funds still uncommitted to eligible expenditures after an extension is gran tedwill besubjectto lapsedfunding
procedureswithoutexception. ExampleBelow. Fiscal Year Transferred Funds Lapse After Extension
RequestDue
CommitBy
2019-206/30/2025No laterthan
3/31/2025
No laterthan
6/30/2026
B-21. Municipal ProjectAccess
Uponreasonableadvancerequest, theMunicipalityshall ensurethattheDistrictoranyauthorizedrepresentative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times. B-22. Non-Discrimination The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non- discrimination in employment and equal employment opportunity. B-23. No Third-Party Rights The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice 1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following: a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy. 2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened again st
theMunicipalityregarding itscontinuedexistence, considerationofdissolution, ordisincorporation. 3. The Municipality shall notify the District promptly of the following: a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including dis cussionofany
majorchangestothescopeoffundedprojectsorprograms, noteworthydelays in implementation, reduction in benefitsorcommunityengagement, and/ormodificationsthatchangetheSCWProgramGoals intendedto beaccomplished. b. Discovery of any p
otential archaeological orhistorical resource. Shouldapotential archaeological orhistorical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District. B-25. Municipality’s Responsibility for Work The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Municipality and any other entity concerning responsibility for Municipal Program Agreement No.2024MP81 Page 8 of 14 ..
Item 17 Page 8 of 14
p
erformanceofwork. B-26. Reporting The Municipality shall b esubjecttoandcomplywithall applicablerequirementsoftheDistrictregardingreporting requirements. Municipalitiesshall reportavailabledatathroughtheSCWReportingModule, onceavailable. 1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure R eports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the Distric tto
detail theactivitiesoftheprioryear. TheAnnual Progress/ExpenditureReportsshall bepostedontheDistrict’s publiclyaccessiblewebsiteandontheMunicipality’swebsite. TheAnnual Progress/ExpenditureReportshall include: a. Amount of funds received; b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, inclu de
any lessons learned; f. Description of the W
aterQualityBenefits, WaterSupplyBenefits, andCommunity InvestmentBenefitsanda summaryofhowSCWProgramPaymentshavebeenusedtoachieveSCWProgramGoalsfortheprior year, includinggraphical representationofavailabledataandspecificmetricstodemonstratethebenefits beingachievedthroughtheyears’ investments. g. Discussion of alignment with other local, region al, andstateefforts, resources, andplans, asapplicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District. i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 1 8 oftheCode. j. Report on an
nual andtotal (since inceptionofprogram)benefitsprovidedbyprogramsandprojectsfundedby SCWProgramPayment. This includescomparisonstoannual plansandalignmentwithcorresponding specificquantitativetargetsandmetrics(notethatSCWReportingModulewill facilitatecalculationofbenefits andgraphical representationofpertinentdata): i. Annual volume of stormwater captured andtreated ii. Annual volume of stormwater captured and reused iii. Annual volume of stormwater captured and recharg edtoamanagedaquifer iv. Annual creation, enhancement, or restoration of Community Investment Bene fits. Ifnone, discuss
considerationsexploredandreasonstonot include. v. Annual acreage increases in Nature-Based Solutio nsandclaimed level ofNBS(withmatrix
demonstratingdeterminationofgood, better, best, asoutlined inExhibitC). Ifnone, discuss considerationsexploredandreasonstonot include. vi. Annual expenditures providing DAC Benefits. If non e, discussconsiderationsexploredandreasons
tonot include. 2. Documentation of the Com
munityOutreachandEngagementutilizedforand/orachievedwiththeSCWProgram Paymentdescribed intheAnnual PlanExhibitA. This informationmustbereadilyaccessibletomembersofthe public. 3. As Ne
eded InformationorReports. TheMunicipalityagreestopromptlyprovidesuchreports, data, and information as may be reasonably requested by the District including, but not limited to material necessa ryor
appropriateforevaluationoftheSCWProgramortofulfill anyreportingrequirementsoftheCounty, stateor federal government. B-27. Representations, W
arranties, andCommitments
TheMunicipalityrepresents, warrants, andcommitsasfollows: 1. Authorization and Validity. The execution and delivery of thisAgreement, includingall incorporateddocuments, by
the individual signingonbehalfofMunicipality, hasbeendulyauthorizedbythegoverningbodyofMunicipality, as applicable. ThisAgreementconstitutesavalidandbindingobligationoftheMunicipality, enforceable in accordancewith itsterms, exceptassuchenforcementmaybe limitedby law. 2. No Violations. The execution, delivery, and performance by the Municipality of thisAgreement, includingall incorporated documents, do not violate any provision of any law or regulation in effect as of the date set fort hon
thefirstpagehereof, orresult inanybreachordefaultunderanycontract, obligation, indenture, orother instrument Municipal Program
AgreementNo.2024MP81
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Item 17 Page 9 of 14
t
owhichtheMunicipality isapartyorbywhichtheMunicipality isboundasofthedatesetforthonthefirstpage hereof. 3. No Litig
ation. Therearenopendingor, totheMunicipality’sknowledge, threatenedactions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan. 4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due. 5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. 6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years. B-28. Travel Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager. B-29. Unenforceable Provision In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that: 1. The Municipality has violated any provision of this Agreement; or 2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure. 3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B. 4. Failure to submit annual reports on meeting SCW Program Goals. Municipal Program Agreement No.2024MP81 Page 10 of 14 ..
Item 17 Page 10 of 14
E
XHIBITC–NATUREBASEDSOLUTIONS(NBS)BESTMANAGEMENTPRACTICES Municipalitiesshall consider incorporationofNature-basedsolutions(NBS) intotheirprojects. NBSreferstothe sustainablemanagementanduseofnatureforundertakingsocio-environmental challenges, includingclimatechange, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may b e
expandedupontofurtherquantifyNBSpracticesbasedonbenefitsderivedfromtheir incorporationonprojects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasin gthe
permeabilityof ImpermeableAreas; protectingundevelopedmountainsandfloodplains; creatingandrestoringriparian habitatandwetlands; creatingraingardens, bioswales, andparkwaybasins; enhancingsoil throughcomposting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to p rovide
additional benefitssuchassequesteringcarbon, supportingbiodiversity, providingshade, creatingandenhancingparks andopenspace, and improvingqualityof lifeforsurroundingcommunities. NBS includeProjectsthatmimicnatural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may cap ture
stormwaterto improvewaterquality, collectwaterforreuseoraquiferrecharge, ortosupportvegetationgrowthutilizing natural processes. Municipalities are
to include ineachAnnual Progress/ExpenditureReportwhetherandhowtheirprojectachievesa good, better, orbestforeachofthe6NBSmethods inaccordancewiththeguidancebelow. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class wit hineach
method. Ifat least3methodsscorewithinasingleclass, theoverall projectcanbecharacterizedasthatclass. Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated fo reach
method, tofacilitateDistricttrackingofmethodsbeingutilized. METHODS GOOD
BETTERBEST
Vegetation/Green
Space
Useofclimate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees)/greenspace5%-
15%coveredby
newclimate-appropriate
vegetation
Useofnative, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees)/greenspace16%-
35%coveredbynew
nativevegetation
Establishmentofplant
communitieswitha
diversityofnative
vegetation
(groundcover, shrubs, and
trees)/greenspacethat is
bothnativeandclimate-
appropriate
Morethan35%coveredby
newnativevegetation Increase of Permeability Installation of vegetated landscape – 25%-49% paved area removed Redesign of existing impermeable surfaces and/or installation of permeable surfaces (e.g. permeable pavement and infiltration trenches) Installation of vegetated landscape – 50%-74% paved area removed Improvements of soil health (e.g., compaction reduction) Installation of vegetate d landscape – 75%-100% paved area removed Creation of well-connect ed
andselfsustainednatural landscapes with healthy soils, permeable surfaces, and appropriate vegetation Protectionof
Undeveloped
Mountains&
Floodplains
●Preservationofnative
vegetation
●Minimal negative impact
toexistingdrainage
system
●Preservationofnative
vegetation
●Installationofnew
feature(s)to improve
existingdrainagesystem
●Creationofopengreen
space
●Installationoffeaturesto improve natural hydrology Municipal P rogram
AgreementNo.2024MP81
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Item 17 Page 11 of 14
C
reation&
Restorationof
RiparianHabitat&
Wetlands
●Partial restorationof
existingriparianhabitat
andwetlandsPlantingof
climateappropriate
vegetationbetween11and
20 differentclimate
appropriateornativeplant
speciesnewlyplanted
●Nopotablewaterusedto
sustainthewetland
●Full restorationofexisting
riparianhabitat
andwetlands
●Plantingofnative
vegetation-between21
and40differentnative
plantspeciesnewly
planted
●Nopotablewaterusedto
sustainthewetland
●Full restorationand
expansionofexisting
riparianhabitatand
wetlandsPlantingofplant
communitieswitha
diversityofnative
vegetation–between41
and50differentnative
plantspeciesnewly
planted
●Nopotablewaterusedto
sustainthewetland
NewLandscape
Elements
Elementsdesignedto
capturerunoffforother
simpleusage(e.g. rain
gardensandcisterns), capturing the 85th percentile 24-hour stor m
eventforat least50%of
theentireparcel Ele
mentsthatdesignto
capture/redirectrunoffand
filterpollution(e.g. bioswales and par
kway
basins), capturingthe85th
percentile24-hourstorm
eventfromthe
entireparcel L
argesizedelementsthat
captureandtreatrunoffto
supplementorreplace
existingwatersystems
(e.g. wetlands, daylighting
streams, groundwater infiltration, floodplain reclamation), capturing the
90thpercentile24-hour
stormeventfromtheentire
parcel and/orcapturingoffsite runoff
EnhancementofSoil U
seofsoil amendments
suchasmulchand
composttoretainmoisture in the soil and prevent erosion Planting of new climate appropriate vegetation to enhance soil organic matter Useofsoil amendments
suchasmulchand
compostthatare locally
generatedtoretain
moisture inthesoil, prevent
erosion, andsupport locally
basedcompostingand
other
soil enhancement
activities
Plantingofnewnative, climate-appropriate vegetation to enhance soil organic matter
Useofsoil amendments
suchasmulchand
compostthatare locally
generated, especiallyuse
ofnext-generationdesign
withregenerative
adsorbents(e.g. woodchips, bioc
har)to
retainmoisture inthesoil, prevent erosion, and support on-site composting and other soil enhancement activities Planting of new native, climate appropriate vegetation to enhance soil organic matterMunicipal P rogram
AgreementNo.2024MP81
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E
XHIBITD–OPERATIONSANDMAINTENANCEGUIDANCEDOCUMENT
Municipalitiesshall operateandmaintain infrastructureprojectsfortheuseful lifeoftheprojectandaretoconsiderusing thefollowingguidanceforoperationsandmaintenancefor infrastructureprojects. Operational maintenance isthecare andupkeepofProjectsthatmayrequiredetailedtechnical knowledgeoftheProject’sfunctionanddesign. Project specificoperational andmaintenanceplansshall considertheactivities listedbelowandsetforthspecificactivitiesand frequencies(not limitedtothosebelow)asdeterminedtobeappropriatebytheMunicipalitiesandbestpractices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of t he
ProjectwithapurposetomaketheoperatorawareofthestateofreadinessoftheProjecttodeliverstormwaterand urbanrunoffbenefits. 1. Litter Control • Regula
rremoval of litter, nonhazardouswastematerials, andaccumulateddebrisnearplantedareas, rock areas, decomposedgraniteareas, restareas, fenceperimeters, adjoiningaccessroadsanddriveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles. • Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms. • Inspection of weir gates and stop logs to clean debris, as required. 2. Vegetation Maintenance • Weed control o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds. o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs). o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths. • Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly. • Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats. o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control. o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment. o Wildflower and meadow maintenance. o Grass, sedge, and yarrow management. o Removal of unwanted hydroseed. 3. Wildlife Management • Exotic species control. • Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species. • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration). • Avoid disturbances to nesting birds. • Avoid spread of invasive aquatic species. 4. Facility Inspection • Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs. • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads). Municipal Program Agreement No.2024MP81 Page 13 of 14 ..
Item 17 Page 13 of 14
• In
spectshadestructuresforstructural damageordefacement. • Inspect hardscapes. • Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle ra cks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent lo cking. • Inspect all structures after major storm events, periodically inspect every 3 m onths, andoperategates
throughfull cyclestopreventthemfrom lockingup. 5. Irrigation System Management • Ensuring automatic irrigation controllers are functio ningproperlyandprovidingvariousplantspecieswith
properamountofwater. o Cycle controller(s
)througheachstationmanuallyandautomaticallytodetermine ifall facetsare functioningproperly. o Inspection should be
performedat leastmonthly. o Recover, replace, or refasten displaced or dama gedvalveboxcovers. o Inspect and repair bubbler heads. o Repair and replace broken drip lines or emitters causing a loss of wate r(topreventpondingand
erosion). o Maintain
dripsystemfilterstopreventemittersfromclogging. Inspectionandcleaningshouldoccur at leastmonthly. o Inspect and clea
nmainlinefilters, wyestrainers, basketfilters, andfiltersatbackflowdevicestwicea year. o Main
tainandcheckfunctionofthedripsystem. • Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not caus eexcessivelywet, waterloggedareas, andslope
failure. • Utilizin
g infrequentdeepwateringtechniquestoencouragedeeprooting, droughttolerantplant characteristicstopromoteaselfsustaining, irrigationfree landscape. • Determine watering schedules based on season, weather, variation in plantsize, andplantvarieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a hig h
enoughmoisturecontent. • Use moisture sensing de
vicestodeterminewaterpenetration insoil. 6. Erosion Management and Control • Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion. • Take corrective measures as needed, including filling eroded surface s, reinstallingorextendingbank
protection, andreplantingexposedsoil. 7. Ongoing Monitoring Activities • Monitor controllable intake water flow an dwaterelevation. • Examine inflow and outflow structures to ensure devices a refunctioningproperlyandarefreeof
obstructions. • Water quality
sampling(quarterly, unlessjustifiedotherwise). • Checking telemetry equipment. • Tracking and reporting inspection and maintenance records. 8. Vector and Nuisance Insect Control • Monitoring for the presence of vector and nuisance insect sp ecies. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation. • Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors. M unicipal Program
AgreementNo.2024MP81
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Item 17 Page 14 of 14
City Council Agenda Report
Meeting Date: August 6, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Lissette Melendez, Project Engineer
Subject
Transfer Agreement No. 2024MP81 with the Los Angeles County Flood Control District for Measure W Funds
Recommendation
Approve and authorize the City Administrator to execute the Transfer Agreement between the City of Vernon and the Los Angeles County Flood Control District, in substantially the same form as submitted, to receive Annual Safe, Clean Water Program Funds (Measure W), for a 4-year term.
Background
Safe, Clean Water Program (SCWP) Overview
In November 2018, Los Angeles County voters approved Measure W, the Safe, Clean Water Program. This initiative aims to enhance our local water supply, improve water quality, and safeguard public health. Additionally, the SCWP assists municipalities in meeting the requirements of the Municipal Separate Storm Sewer System (MS4) Permit.
Revenue Distribution
According to Section 16.04.A.2 of the Flood Control District Code, 40% of annual SCWP tax revenues will be allocated to municipalities within the District. The distribution will be proportional to the amount of revenue collected in each municipality. Furthermore, Section 16.05.A.1 mandates that municipalities must establish a Transfer Agreement with the District before receiving SCWP funds.
Transfer Agreement Details
The proposed Transfer Agreement, set to expire at the end of the 2027-28 Fiscal Year, ensures that SCWP payments will continue annually. These payments will be based on actual revenue collection timing by the Los Angeles County Flood Control District.
The City Attorney’s Office has reviewed and approved the Transfer Agreement as to form.
Fiscal Impact
Entering into this Transfer Agreement will result in an estimated $925,000 in revenue to the General Fund, which will be allocated annually through the budget process to the Public Works and Health Departments.
Attachments
1. Transfer Agreement No. 2024MP81 ..
Item 17 Page 1 of 15
TRANSFER AGREEMENT BETWEEN
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND VERNON AGREEMENT NO. 2024MP81
SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM
This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Vernon, hereinafter referred to as "Municipality."
WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District;
WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds;
WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities.
NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:
I. DEFINITIONS
The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply:
“Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A.
"Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated.
“Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated.
II. PARTY CONTACTS
The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement.
Los Angeles County Flood Control District Municipality: Vernon Name: Haris Harouny Name:
Address: 900 S Fremont Ave, Alhambra, CA
91803
Address:
Phone: (626) 300-2620 Phone:
Municipal Program
Agreement No.2024MP81
July 01, 2024
Veronica Petrosyan
4305 Santa Fe Ave Vernon, CA 90058
(323)826-1448
..
Item 17 Page 2 of 15
Email: [email protected] Email:
Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party.
III. EXHIBITS INCORPORATED BY REFERENCE
The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement:
EXHIBIT A – ANNUAL PLAN CONTENTS
EXHIBIT B – GENERAL TERMS AND CONDITIONS
EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT IV. MUNICIPAL PROGRAM IMPLEMENTATION
A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared.
B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code.
C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06.
V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES
A. SCW Program Payments will generally be available for disbursement by December 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph B, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District.
B. The District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section
18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B.
C. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations.
D. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code.
VI. TERM OF AGREEMENT
This Agreement shall expire at the end of the 2027-28 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board.
Municipal Program
Agreement No.2024MP81
Item 17 Page 3 of 15
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
By:
Name:
Title:
Date:
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT:
By:
Name:
Title:
Date:
Municipal Program
Agreement No.2024MP81
ATTEST:
__________________
Yonnie Parker,
Deputy City Clerk
APPROVED AS TO FORM:
__________________
Zaynah N. Moussa,
City Attorney
Daniel Calleros
Interim City Administrator
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Item 17 Page 4 of 15
EXHIBIT A – ANNUAL PLAN CONTENTS
A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters.
A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment.
Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals.
Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach.
A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable.
A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment.
Municipal Program
Agreement No.2024MP81
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Item 17 Page 5 of 15
EXHIBIT B – GENERAL TERMS AND CONDITIONS
B-1. Accounting and Deposit of Funding Disbursement
1. SCW Program Payments distributed to the Municipality shall be held ina separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program.
2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District.
3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP).
4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment.
B-2. Acknowledgement of Credit and Signage
The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted ina prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” Ata minimum the sign shall be 2’x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph.
B-3. Acquisition of Real Property- Covenant
Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code.
Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld.
B-4. Amendment
Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties.
B-5. Assignment
The Municipality shall not assign this Agreement.
B-6. Audit and Recordkeeping
1. The Municipality shall retain fora period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures.
2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds.
3. Municipality shall file a copy of all audit reports by the ninth (9 ) month from the end of each three (3) year period to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Due date example below.
th
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Every Third Fiscal Year
Fiscal Year Audit Begins Audit Report Due to District
2023-24 7/1/2027 No later than 3/31/2028
4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program.
5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code.
B-7. Availability of Funds
District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed asa condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount.
B-8. Choice of Law
The laws of the State of California govern this Agreement.
B-9. Claims
Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement.
B-10. Compliance with SCW Program
The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code.
B-11. Compliance with Law, Regulations, etc.
The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements.
B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District.
Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project.
B-13. Disputes
Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute.
If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties.
All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality.
SCW Program Payments shall not be used to pay for any costs of the mediation.
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The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law.
B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed.
Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement.
B-15. Force Majeure.
In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
B-16. Funding Considerations and Exclusions
1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3.
2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit.
B-17. Indemnification
The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality.
B-18. Independent Actor
The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District.
The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202)
B-19. Integration
This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement.
B-20. Lapsed Funds
1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality.
2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will Municipal Program
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apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District.
3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area.
4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures.
Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse.
5. The decision to grant an extension is at the sole discretion of the District.
6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Example Below.
Fiscal Year
Transferred
Funds Lapse
After
Extension
Request Due
Commit By
2019-20 6/30/2025 No later than
3/31/2025
No later than
6/30/2026
B-21. Municipal Project Access
Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times.
B-22. Non-Discrimination
The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding nondiscrimination in employment and equal employment opportunity.
B-23. No Third-Party Rights
The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice
1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following:
a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy.
2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation.
3. The Municipality shall notify the District promptly of the following:
a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished.
b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District.
B-25. Municipality’s Responsibility for Work
The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project.
The District will not mediate disputes between the Municipality and any other entity concerning responsibility for performance of work.
B-26. Reporting
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The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available.
1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include:
a. Amount of funds received;
b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code;
d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned;
f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments.
g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District.
i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code.
j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data):
i. Annual volume of stormwater captured and treated
ii. Annual volume of stormwater captured and reused
iii. Annual volume of stormwater captured and recharged toa managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include.
v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include.
vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include.
2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public.
3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government.
B-27. Representations, Warranties, and Commitments
The Municipality represents, warrants, and commits as follows:
1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law.
2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof.
3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipal Program
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Municipality's ability to complete the Annual Plan.
4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due.
5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority.
6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years.
B-28. Travel
Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager.
B-29. Unenforceable Provision
In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that:
1. The Municipality has violated any provision of this Agreement; or
2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure.
3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B.
4. Failure to submit annual reports on meeting SCW Program Goals.
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EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects.
The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes.
Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class.
Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized.
METHODS GOOD BETTER BEST
Vegetation/Green
Space
Use of climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 5%-
15% covered by
new climate-appropriate
vegetation
Use of native, climate
appropriate, eco-friendly
vegetation
(groundcover, shrubs, and
trees) / green space 16%-
35% covered by new
native vegetation
Establishment of plant
communities with a
diversity of native
vegetation
(groundcover, shrubs, and
trees) / green space that is
both native and climateappropriate
More than 35% covered by
new native vegetation
Increase of
Permeability
Installation of vegetated
landscape – 25%-49%
paved area removed
Redesign of existing
impermeable surfaces
and/or installation of
permeable surfaces (e.g.
permeable pavement and
infiltration trenches)
Installation of vegetated
landscape – 50%-74%
paved area removed
Improvements of soil health
(e.g., compaction
reduction)
Installation of vegetated
landscape – 75%-100%
paved area removed
Creation of well-connected
and self-sustained natural
landscapes with healthy
soils, permeable surfaces,
and appropriate vegetation
Protection of
Undeveloped
Mountains &
Floodplains
●Preservation of native
vegetation
●Minimal negative impact
to existing drainage
system
●Preservation of native
vegetation
●Installation of new
feature(s) to improve
existing drainage system
●Creation of open green
space
●Installation of features to
improve natural hydrology
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Creation &
Restoration of
Riparian Habitat &
Wetlands
●Partial restoration of
existing riparian habitat
and wetlands Planting of
climate appropriate
vegetation between 11 and
20 different climate
appropriate or native plant
species newly planted
●No potable water used to
sustain the wetland
●Full restoration of existing
riparian habitat
and wetlands
●Planting of native
vegetation - between 21
and 40 different native
plant species newly
planted
●No potable water used to
sustain the wetland
●Full restoration and
expansion of existing
riparian habitat and
wetlands Planting of plant
communities with a
diversity of native
vegetation – between 41
and 50 different native
plant species newly
planted
●No potable water used to
sustain the wetland
New Landscape
Elements
Elements designed to
capture runoff for other
simple usage (e.g. rain
gardens and cisterns),
capturing the 85th
percentile 24-hour storm
event for at least 50% of
the entire parcel
Elements that design to
capture/redirect runoff and
filter pollution (e.g.
bioswales and parkway
basins), capturing the 85th
percentile 24-hour storm
event from the
entire parcel
Large sized elements that
capture and treat runoff to
supplement or replace
existing water systems
(e.g. wetlands, daylighting
streams, groundwater
infiltration, floodplain
reclamation), capturing the
90th percentile 24-hour
storm event from the entire
parcel and/or capturing offsite runoff
Enhancement of Soil
Use of soil amendments
such as mulch and
compost to retain moisture
in the soil and prevent
erosion
Planting of new climate
appropriate vegetation to
enhance soil organic
matter
Use of soil amendments
such as mulch and
compost that are locally
generated to retain
moisture in the soil, prevent
erosion, and support locally
based composting and
other
soil enhancement
activities
Planting of new native,
climate-appropriate
vegetation to enhance soil
organic matter
Use of soil amendments
such as mulch and
compost that are locally
generated, especially use
of next-generation design
with regenerative
adsorbents (e.g.
woodchips, biochar) to
retain moisture in the soil,
prevent erosion, and
support on-site
composting and other
soil enhancement
activities
Planting of new native,
climate appropriate
vegetation to enhance soil
organic matter
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EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits.
1. Litter Control • Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations. • Maintaining trash receptacles. • Removal of trash, debris, and blockages from bioswales. • Inspection and cleaning of trash booms. • Inspection of weir gates and stop logs to clean debris, as required.
2. Vegetation Maintenance • Weed control o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds.
o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs).
o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths.
• Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth. o Prevent encroachment of adjacent property and provide vertical clearance. o Inspect for dead or diseased plants regularly. • Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats.
o Draining and drawdown of wetland and excessive bulrush removal o Weed and nuisance plant control. o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment.
o Wildflower and meadow maintenance. o Grass, sedge, and yarrow management. o Removal of unwanted hydroseed.
3. Wildlife Management • Exotic species control. • Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species.
• Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration).
• Avoid disturbances to nesting birds. • Avoid spread of invasive aquatic species.
4. Facility Inspection • Inspect project sites for rodent and insect infestations on a regular basis. • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs.
• Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads).
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• Inspect shade structures for structural damage or defacement. • Inspect hardscapes. • Inspect and maintain interpretive and informational signs. • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks). • Maintain deck areas (e.g. benches, signs, decking surfaces). • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up.
5. Irrigation System Management • Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly.
o Inspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads. o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion).
o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly.
o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year.
o Maintain and check function of the drip system.
• Keeping irrigation control boxes clear of vegetation. • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure.
• Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape. • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content.
• Use moisture sensing devices to determine water penetration in soil.
6. Erosion Management and Control • Inspect slopes for erosion during each maintenance activity. • Inspect basins for erosion. • Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil.
7. Ongoing Monitoring Activities • Monitor controllable intake water flow and water elevation. • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions.
• Water quality sampling (quarterly, unless justified otherwise). • Checking telemetry equipment. • Tracking and reporting inspection and maintenance records.
8. Vector and Nuisance Insect Control • Monitoring for the presence of vector and nuisance insect species. • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos. • Managing emergent vegetation. • Using hydraulic control structures to rapidly dewater emergent marsh areas. • Managing flow velocities to reduce propagation of vectors.
Municipal Program
Agreement No.2024MP81
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Item 17 Page 15 of 15
City Council Agenda Report
Meeting Date: September 17, 2024
From: Freddie Agyin, Director of Health and Environmental Control Department: Health and Environmental Control
Submitted by: Veronica Petrosyan, Deputy Director of Health and Environmental Control
Subject
Addendum No. 1 to the Substance Abuse and Mental Health Services Administration (SAMHSA) Grant Program Agreement with AltaMed Health Services
Recommendation
Approve and authorize the City Administrator to execute Addendum No. 1 to the SAMHSA Grant Program Agreement with AltaMed Health Services, in substantially the same form as submitted, to incorporate the City's insurance requirements.
Background
In September 2023, the City received a SAMHSA grant award of $1,998,900 for a three-year term for an “On-the-Streets Portable Clinical Care Program with Integrated Behavioral Health and HIV Care.” The grant's purpose is to pilot an approach to comprehensive healthcare for medically underserved minority persons experiencing unsheltered homelessness through the provision of portable clinical care delivered outside and that is focused on the integration of behavioral health, infectious disease services and HIV treatment, and primary care and prevention services.
The On-the-Streets Portable Clinical Care with Integrated Behavioral Health and HIV Care Pilot Project is designed to support the City’s Health Department and the Vernon Health + Wellness Center in a mission to ensure that access to health services are unimpeded and that equitable, respectable, quality offerings are available to all individuals regardless of ethnicity and socioeconomic status. The grant award will allow the City to focus its direct attention on unsheltered individuals within the City and in the surrounding Southeast Los Angeles community.
On July 16, 2024, the City Council approved to execute a SAMHSA Grant Program Agreement with AltaMed Health Services for the pilot project (Attachment 2). Subsequent to the City Council’s approval, staff recognized that the City's insurance requirements were inadvertently omitted from the SAMHSA Grant Program Agreement. Approval of Addendum No. 1 (Attachment 1) will incorporate the insurance requirements as set forth in Exhibit A.
Addendum No. 1 to the SAMHSA Grant Program Agreement has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Addendum No. 1 to the SAMHSA Grant Program Agreement
2. SAMHSA Grant Program Agreement ..
Item 18 Page 1 of 1
ADDENDUM NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF
VERNON AND ALTAMED HEALTH SERVICES CORPORATION FOR ON-THE-
STREETS PORTABLE CLINICAL CARE WITH INTEGRATED BEHAVIORAL HEALTH
AND HIV CARE
This Addendum No. 1 (Addendum) to the Agreement for on-the-streets portable clinical care with integrated behavioral health and HIV care dated July 16, 2024 (Agreement), is made as of July 16, 2024, by and between the City of Vernon, a California charter City and California municipal corporation (City), and AltaMed Health Services Corporation, (Contractor), a non-profit California corporation.
The City and Contractor agree as follows:
RECITALS
A. The City and Contractor are parties to a written Agreement dated July 16, 2024, under which Contractor provides on-the-streets portable clinical care with integrated behavioral health and HIV care.
B. The City and Contractor desire to incorporate City insurance requirements as set forth in Exhibit A, attached hereto.
NOW, THEREFORE, the parties to this Addendum agree as follows:
1. Contractor agrees to the insurance provisions set forth in Exhibit A, attached hereto.
2. Except as expressly modified by this Addendum, all provisions of the Agreement shall remain in full force and effect.
3. The provisions of this Addendum shall constitute the entire agreement of the parties with respect to the subject matter included in this Addendum and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Addendum.
4. The person or persons executing this Addendum on behalf of each of the parties warrants and represents that he or she has the authority to execute this Addendum on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
[Signatures Begin on Next Page].
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Exhibit A
1.0 INSURANCE. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representative, or employees. The policies shall state that they afford primary coverage.
1.1 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non-owned automobiles or any auto. The policy shall have a combined single limit of not less than one million dollars ($1,000,000). If Contractor is transporting one or more non- employee passengers in the performance of the services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000). If Contractor owns no autos, a hired, non-owned auto endorsement to the General Liability policy is acceptable.
1.1.1 Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify, and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the Contractor under the performance of the services. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds and, under the Contractors’ policy, there shall be a waiver of subrogation, and the policy shall be primary and non-contributory and will not seek contribution from the City’s insurance.
1.2 Commercial General Liability Insurance – Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a single limit of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) general aggregate limit written on an Insurance Services Office (ISO) ..
Item 18 Page 3 of 21
Comprehensive General Liability "occurrence" Form CG 00 01 or its equivalent for coverage on an occurrence basis. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds with respect to liability arising out of the Contractor's performance of this Agreement. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance.
The policy shall be endorsed to include a waiver of subrogation.
1.2.1 If Contractor intends to employ other contractors as part of the services rendered, the City must approve and will establish the appropriate insurance requirements.
1.2.2 Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify, and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the Contractor under the performance of the services.
1.3 Professional Errors and Omissions Coverage in a sum of not less than five million dollars ($5,000,000) per claim and the annual aggregate, covering all acts, errors, omissions, negligence, infringement, or intellectual property (except patent or trade secret), network and privacy risks (including coverage for information, as well as notification costs and regulatory defense) in performance of services for the City or on behalf of the City hereunder. Applicable aggregate must be identified and claims history provided to determine amounts remaining under the aggregates. Contractor shall maintain such coverage for at least five (5) year after the termination of this agreement.
1.4 Umbrella Liability Insurance – An umbrella (over primary) may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage and personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The umbrella policy shall have no additional exclusion or coverage difference from the primary policy. The coverage shall also apply to ..
Item 18 Page 4 of 21
automobile liability.
1.5 Workers’ Compensation/Employers Liability - Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners:
1.5.1 Provide a copy of the permissive self-insurance certificate approved by the State of California; or
1.5.2 Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a limit of one million dollars ($1,000,000) per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement or
1.5.3 If Contractor has no employees, it may certify or warrant to the City that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code, and the requirement for Workers’ Compensation coverage will be waived by completing the waiver form provided by the City.
1.6 If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
1.7 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice to City.
1.8 Insurance shall be placed with insurers with an A.M. Best rating of no less than A-VIII. Any self-insured retention or deductible in excess of $25,000 must be approved in advance by the City. Any policies written on a claims-based basis must include a minimum of a 3-year tail.
1.9 Prior to the commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to evidence coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any ..
Item 18 Page 5 of 21
or all policies upon request.
1.10 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees, and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. ..
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HUB International Insurance Services
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
AUGUST 8, 2024
PRODUCER
HUB International Insurance Services, Inc.
600 Corporate Pointe, STE. 600
Culver City, CA 90230
Phone (310) 568-5900 / Fax (866) 248-6053
CA DOI Lic. # 0757776
THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC
#/
AM Best #
AMBEST RATING
INSURED ALTAMED
HEALTH SERVICES CORPORATION
2040
CAMFIELD AVE
LOS
ANGELES, CA 90040
INSURER A: BETA RISK MANAGEMENT
AUTHORITY
055007 A-9
INSURER B: IRONSHORE SPECIALTY 25445 A15
INSURER C:
COVERAGES
INSR
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YYYY)
POLICY EXPIRATION
DATE (MM/DD/YYYY) LIMITS
A
GENERAL LIABILITY
HCL-24-044 07/01/2024 07/01/2025
EACH OCCURRENCE $2,000,000
COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $4,000,000 OCCUR CLAIMS MADE MED EXP (Any one
person) $5,000
PERSONAL & ADV INJURY $2,000,000 DAMAGE TO RENTED
PREMISES (Ea occurrence) $100,000
GEN’L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
PRODUCTS – COMP/OP AGG $4,000,000
MEDICAL PROFESSIONAL LIABILITY
OCCUR CLAIMS MADE
RETROACTIVE DATE:
EACH CLAIM
AGGREGATE
1ST EXCESS LIABILITY
OCCUR CLAIMS MADE
EACH CLAIM
AGGREGATE
$ $
WORKERS’COMPENSATION
WCStatutory Limits
Oth
-e
r
E.L. Each Accident $
E.L. – EA Employee $
E.L. – Policy Limit $
B
MANAGED CARE ERRORS &
OMISSIONS
HC7BAB9BUL004 5/30/2024 5/30/2025 Each Claim
Aggregate
$3,000,000
$3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: SAMHSA Grant Program Agreement for On-the Streets Portable Clinical Care with Integrated Behavioral Health and HIV Care dated 7/16/24.
The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers are named as additional insured with respect to legal liability arising from the acts or omissions of the named insured.
Coverage is primary & non-contributory. Waiver of subrogation applies. 30 days notice of cancellation applies.
CERTIFICATE HOLDER CANCELLATION *EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM
CITY OF
VERNON
ATTN
:FREDDIE AGYIN,DIRECTOR OF HEALTH &
ENVIRONMENTAL CONTROL
4305
SANTA FE AVENUE
VERNON
, CA 90058
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Rosemary Pudlik
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Item 18 Page 7 of 21
I
tisunderstoodandagreedthatcoverageaffordedbythisContractisextendedto: The City of Vernon, its directors, commissioners, of icers, employees, agents, a ndvolunteers
asaSupplementalMemberpursuanttoSection7.2, butonlyforlegalliabilityarisingoutoftheacts, errorsor omissionsoftheNamedMemberoraSubsidiarysolelyintheperformanceofthefollowingcontractwiththe NamedMemberorSubsidiary: SAMHSA Grant Program Ag
reementforOn-theStreetsPortableClinicalCarewithIntegratedBehavioral HealthandHIVCaredated7/16/24
ThisAmendmentdoesnotextendcoveragefortheacts, errorsoromissionsofTheCityofVernon, itsdirectors, commissioners, of icers, employees, agents, and volunteers. This Amendment extends protection to the Supplemental Member listed above prior to any applicable insuran ce, other coverage or self-insurance and will not seek the contribution from any insurance, other coverage or self- insurance available to the Supplemental Member. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. Authorized Representative of BETARMA Certificate Number: HCL-24-044 Amendment No: H490-12 BETA Risk Management Authority ("BETARMA") A Public Entity AMENDMENT SUPPLEMENTAL MEMBER Issued to: AltaMed Health Services Corporation Effective Date: 07/01/2024 at 12:01 a.m. Expiration Date: 07/01/2025 at 12:01 a.m. Additional Contribution: Per Contract HCL-H490(07/18) Page 1 of 1 Date Issued: July 1, 2024 (Ini tial)
..
Item 18 Page 8 of 21
I
tisunderstoodandagreedthatSection7.13. -TransferofRightsofRecoveryAgainstOtherstoBETARMA-does notapplytothefollowingperson(s)ororganization(s)listedbelowwithwhomtheNamedMemberora Subsidiaryagreedunderawrittencontractpriortothelosstowaiveitsrighttosubrogationagainsttheperson(s)or organization(s). The City of Vern
on, itsdirectors, commissioners, oficers, employees, agents, andvolunteers ALLOTHERTERMS, CONDITIONSANDEXCLUSIONSREMAINUNCHANGED. Authorized Repre sentativeofBETARMA
CertificateNumber: HCL-24-044AmendmentNo: H387-27
BETARiskManagementAuthority("BETARMA")
APublicEntity
AMENDMENT
WAIVEROFSUBROGATIONPRIORTOLOSSFORLISTEDPERSON(S)OR
ORGANIZATION(S)
Issuedto: AltaMedHealthServicesCorporation
EffectiveDate: 07/01/2024at12:01a.m. ExpirationDate: 07/01/2025at12:01a.m. AdditionalContribution: PerContract HCL-H387(10/13) Page 1 of 1DateIssued: July1, 2024(Initial) ..
Item 18 Page 9 of 21
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $$$$$ The ACORD name and logo are registered marks of ACORD
8/8/2024
License # 0757776
(310) 568-5900 (310) 568-9098
21458
AltaMed Health Services Corporation
AltaMed Health Network Inc.
2040 Camfield Avenue
Los Angeles, CA 90040 A X WCC-615-007165-014 4/1/2024 4/1/2025 1,000,000 1,000,000
1,000,000
The above referenced policy will include a blanket waiver of subrogation in favor of the City of Vernon, its Directors, Commissioners, Officers, Employees and Volunteers when required by written contract.
City of Vernon
Attn: Freddie Agyin
4305 Santa Fe Avenue
Vernon, CA 90058
ALTAHEA-01 SVALDEZ
HUB International Insurance Services Inc.
600 Corporate Pointe
Suite 600
Culver City, CA 90230
Employers Insurance Company of Wausau X ..
Item 18 Page 10 of 21
WC
C-615-007165-014 04/01/202
4 ..
Item 18 Page 11 of 21
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $$$$$ The ACORD name and logo are registered marks of ACORD
8/8/2024
License # 0M93299
(951) 365-3850
18058
AltaMed Health Services Corporation
Attn: Office of Compliance & Risk Mgmt
2040 Camfield Ave
Commerce, CA 90040
33138 1 A 1,000,000 X X PHPK2676892 4/11/2024 4/11/2025 Comp $500 Collison $1,000 B 5,000,000
LHA601540 7/1/2024 7/1/2025 5,000,000
Subject to all policy terms, exclusions and conditions.
The City of Vernon, its director, commissioners, officers, employees, agents and volunteers are an Additional Insured with respects to attached Auto Liability endorsement if required by written contract. Auto Liability Primary and Non-Contributory endorsement attached, and auto liability waiver of subrogation applies per attached endorsement.
City of Vernon
Risk Management
4305 Santa Fe Avenue
Vernon, CA 90058
ALTAHEA-01 HFARMANI
SIP Insurance Services - Temecula
301 E. Colorado Blvd. Suite #205
Pasadena, CA 91101
Heidi Farmani
[email protected]
Philadelphia Indemnity Insurance Company
Landmark American Insurance Company XXX XX X X ..
Item 18 Page 12 of 21
CA 20 48 02 99 © Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: PHPK2676892 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement
Effective: 04/11/2024
Countersigned By:
Named Insured:
AltaMed Health Services Corp.
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s) :
The City of Vernon, its director, commissioners, officers, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement. )
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form.
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SAMHSA GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF VERNON
AND ALTAMED HEALTH SERVICES CORPORATION FOR ON-THE-STREETS
PORTABLE CLINICAL CARE WITH INTEGRATED BEHAVIORAL HEALTH AND
HIV CARE
COVER PAGE
Provider: AltaMed Health Services Corporation
Responsible Principal of Provider: Paula Jamison, Sr. VP Notice Information – Provider: AltaMed Health Services Corporation 2040 Camfield Avenue
Los Angeles, CA 90040
Attention: Paula Jamison, Sr. VP
Telephone: (323) 303-2476
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Freddie Agyin,
Director of Health & Environmental
Control
Telephone: (323) 583-8811 ext. 840
Commencement Date: July 16, 2024
Termination Date: September 29, 2026
Consideration: Total not to exceed $1,499,175 (includes all applicable sales tax); and more
particularly described in Exhibit B
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Item 18 Page 1 of 78
SAMHSA GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF VERNON AND
ALTAMED HEALTH SERVICES CORPORATION FOR ON-THE-STREETS PORTABLE
CLINICAL CARE WITH INTEGRATED BEHAVIORAL HEALTH AND HIV CARE THIS GRANT PROGRAM AGREEMENT ("Agreement") is entered into on July 1, 2024, by and between the City of Vernon, a California charter City and California municipal corporation ("City") and AltaMed Health Services Corporation, a non-profit California corporation (“Provider”). City and Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
R E C I T A L S
A. The City has been awarded a grant for On-the-Streets Portable Clinical Care Program with Integrated Behavioral Health and HIV Care (“Project”) by the Substance Abuse and Mental Health Services Administration (“SAMHSA”).
B. The City as part of accepting the grant has agreed to SAMHSA’s Terms and Conditions and Special Terms and Conditions in the Notice of Award from SAMHSA to City (“Notice of Award”).
C. Provider is able and willing to abide by all the terms of the SAMHSA Terms and Conditions and Special Terms and Conditions in the Notice of Award.
D. City desires to enter into this Agreement for Provider to provide the services required by the SAMHSA Project.
E. Provider desires to enter into this Agreement with City to provide the services for the City and SAMHSA as required by the Project.
A G R E E M E N T
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, City and Provider hereby agree as follows:
1.TERM. This Agreement begins on the July 16, 2024 and expires on September 29, 2026 (“Term”), unless terminated earlier in accordance with the terms herein.
2. SERVICES.
2.1 Scope of Work. Provider shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about SAMHSAA Grant Program Agreement Between City of Vernon and AltaMed Health Services ..
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May 20, 2024, and titled RFP for On
-The-Streets Portable Clinical Care with Integrated
Behavioral Health and HIV Care, and the Scope of Work attached hereto as Exhibit “A”.
2.2 Invoices. Provider must complete the Scope of Work for the Project and submit properly itemized invoices to the satisfaction of the City and in the format attached hereto as Exhibit “B”, with all relevant information necessary for the City to complete the reporting requirements in SAMHSA’s Notice of Award attached hereto and incorporated by reference herein as Exhibit “C”. Provider invoices must include the position of any person performing billable work, the hours and location worked, and what billable work was completed. In addition to the invoice template requirements, Provider agrees to comply with the terms and conditions set forth in the SAMHSA Notice of Award, including but not limited to funding conditions, detailed narrative/justification for all costs, and required reports.
2.3 The SAMHSA award number must be included on all invoices.
2.4 Payment. Subject to the conditions and requirements set forth herein, City agrees to pay Provider a sum not to exceed $1,499,175 for work performed under this Agreement. Provider acknowledges that it is familiar with the section of the SAMHSA Notice of Award titled “Funding Limitations” and agrees to comply with its provisions.
2.5Use of Grant Monies. Provider use of any Project funds must comply with the Contractor Agreement between the City and SAMHSA. Provider must comply with all applicable federal laws and regulations, including Code of Federal Regulations (C.F.R) Part 200 (Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards), and 45 C.F.R. Part 75 (Uniform Administrative Requirements, Cost Principles, HHS Grants Policy Statement, and Audit Requirements for HHS Awards). It is Provider’s responsibility to understand and comply with all requirements set forth therein.
2.6Services Limited to Term. No services shall be rendered by Provider under the Project after September 29, 2026 and no payments will be made by City for services rendered under the Project after September 29, 2026.
3. COMPLIANCE WITH CONTRACTOR AGREEMENT BETWEEN CITY
AND SAMHSA AND INDEMNIFICATION OF CITY. ..
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3.1 Provider agrees to comply with all the provisions of the Contractor Agreement between the City and SAMHSA. Provider must indemnify, defend (with counsel reasonably acceptable to City), protect and hold City, and its officers, employees, agents and representatives, harmless from, any and all claims of any kind or nature arising out of the Project or this Agreement or the implementation hereof, including, but not limited to, any damages to property, injuries to persons or accidental death (including reasonable attorneys’ fees and costs), which may be caused by work performed under this Agreement or any activities associated with the Project, whether such activities or work is performed by Provider or by anyone directly or indirectly employed or contracted by the Provider (“Claims”). Provider’s indemnity obligations under this section will survive termination of this Agreement. Provider’s indemnity obligations under this section do not extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the willful misconduct of the City, or its officers, employees, agents or representatives.
3.2 Provider hereby waives, releases and discharges forever the City, and its employees, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with this Agreement, the performance of the Project, or Provider’ obligation to comply with all laws with respect to the Agreement.
4. LEGAL REQUIREMENTS.
4.1 Compliance with Applicable Laws. Provider must comply with all laws applicable to the performance of the Project.
4.2Nondiscrimination and Equal Opportunity. Provider must not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a ..
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subcontract, or participant in, recipient of, or applicant for any services or programs provided by Provider under this Agreement.
5. GENERAL PROVISIONS.
5.1 Compliance with Laws. Provider must carry out the Project in conformity with all applicable federal, state and local laws, including Labor Code requirements; all provisions of the City’s Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S. Code Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq., and Executive Order (E.O.) 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 C.F.R. Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
5.2Ownership of Materials. Provider hereby transfers and assigns to City all right, title and interest (including copyright rights) in and to all materials created or developed by Provider pursuant to this Agreement, including, without limitation, reports, summaries, articles, pictures and art (collectively, the “Materials”) (subject to any licensed third-party rights retained therein). Provider must inform City in writing of any third-party rights retained within the Materials and the terms of all license agreements to use any materials owned by others. Provider understands and agrees that Provider retains no rights to the Materials and must assist City, upon reasonable request, with respect to the protection and/or registrability of the Materials. Provider represents and warrants that, unless otherwise stated to City in writing, the Materials are original works and do not infringe or violate the rights of any third party or violate any law. The obligations of this paragraph are subject to any applicable requirements of a Federal funding agency.
5.3Assignment. Without the prior written consent of the City, Provider may not assign this Agreement nor delegate any duties herein.
5.4Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice (“Notice”) which either party ..
Item 18 Page 5 of 78
may desire to give to the other party under this Agreement must be in writing and may be given by email to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.
If to the City:
City of Vernon
Attention: Freddie Agyin
Director of Health & Environmental Control
4305 Santa Fe Ave
Vernon, CA 90058
Email: [email protected]
If to the Provider:
Provider: AltaMed Health Services Corporation
Attention: Paula Jamison
Sr. VP, Population Health Management
Address: 2040 Camfield Avenue
Los Angeles, CA 90040
Email: [email protected]
Notices sent by a party's attorney on behalf of such party are deemed delivered by such party.
5.5 Relationship between City and Provider. It is hereby acknowledged that the relationship between City and Provider is not that of a partnership or joint venture and that City and Provider are not deemed or construed for any purpose to be the agent of the other. Provider agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Provider with respect to the Project or Agreement.
5.6Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).
5.7Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or ..
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otherwise incorporated by reference, the terms of this Agreement shall strictly prevail.
The terms of the City’s Request for Proposals shall control over the Provider’s Proposal.
5.8 Written Amendment. This Agreement may only be changed by written amendment executed by Provider and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
5.9 Conflicts of Interest. No member, official or employee of City can have any personal interest, direct or indirect, in this Agreement, nor must any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
5.10Severability. If any provision of this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.
5.11Applicable Law; Venue. The laws of the State of California, without regard to conflict of laws principles, must govern the interpretation and enforcement of this Agreement. In the event of litigation between the Parties, venue in state trial courts lies exclusively in the County of Los Angeles, California Superior Court. In the event of litigation, venue lies exclusively in the United States District Court, Central District of California, in Los Angeles.
5.12 NoThird Party Rights. This Agreement is made and entered into solely for the benefit of the City and Provider and no other third party has any right of action under this Agreement.
5.13Disclosure of Documents. Provider acknowledges that the City is subject to the provisions of the California Public Records Act and that any information submitted to the City may be disclosed to the extent required by law.
5.14Liability. Provider is wholly liable for any Claims arising out of this Agreement. ..
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Exhibit A
Scope of Work
1. During the project period ending September 29, 2026
a. Provide basic primary health care services and supplies to 600 unhoused individuals
b. Conduct 600 screenings and assessments of substance use disorders and co- occurring mental and substance use disorders utilizing a low threshold approach that offers SUD services, including medication assisted Opioid Use disorder and alcohol use disorder with unhoused individuals.
c. Provide 600 unhoused clients with case management including comprehensive assessment of the client’s needs and development of an individualized service plan (including infectious disease prevention/treatment services, funding for treatment, etc) and referral/linkage to treatment as appropriate. d. Screen 600 unhoused individuals and their drug-using and/or sexual partners for HIV, viral hepatitis (B and C), STI’s, Mpox, and tuberculosis and provide HIV testing, usinga portable clinical care approach. Note: Hepatitis A testing will also be performed if an outbreak takes place in the area. e. Provide treatment for 210 unhoused individuals and their drug-using and/or sexual partners for HIV, viral hepatitis, STIs, Mpox, and tuberculosis, and provide HIV testing using a portable clinical care approach. f. Navigate 30 unhoused individuals to Mpox testing, treatment and prevention resources, and mental health support.
g. Provide testing to 600 unhoused individuals for STIs (gonorrhea, chlamydia, and syphilis) and provide treatment on-site as needed.
h. Screen 300 unhoused individuals for symptomatic tuberculosis. i. Test 300 unhoused individuals for latent or active tuberculosis j. Provide tuberculosis treatment to 20 unhoused individuals.
2.Prior to grant activities beginning implement infectious disease testing quality assurance measures following established guidelines.
3.Prior to grant activities beginning, develop a detailed plan of action with purposeful and documented engagement with sustainable permanent housing options and develop Memoranda of Agreement (MOAs) with the following, as appropriate: • Primary HIV treatment and care providers, including Ryan White providers, to strengthen integration of care through case management. • Treatment providers for referrals and linkages to follow-up care and treatment for individuals with viral hepatitis (B or C). • Care providers for referrals and linkages to Pre-Exposure Prophylaxis (PrEP). • Care providers for referrals and linkage to Post-Exposure Prophylaxis (PEP).
4. During the project period ending September 29, 2026, provide evidence-based harm reduction education and supplies including FDA-approved overdose reversal medication as well as drug supply testing and overdose prevention education and services on-site, as allowable under this award and adhering to federal, state, and local laws, regulations, and other requirements related to such programs or services for a total 600 unhoused individuals.
5. During the project period ending September 29, 2026, provide Mental ..
Item 18 Page 9 of 78
healthcare, treatment, and referral for a total of 300 unhoused individuals including:
a. Screening and assessment of mental health conditions and co- occurring mental and substance use disorders.
b. Trauma-informed, culturally responsive, client-centered, evidence- based, recovery- oriented, and integrated mental health and substance use services on-site
c. Deliver or coordinate any services determined to be necessary to address identified mental health conditions
6. During the project period ending September 29, 2026, provide outreach services to 1200 unhoused individuals living in the streets, encampments or other places not meant for human habitation by implementing strategies that effectively reach the people who are experiencing unsheltered homelessness.
7. During the project period ending September 29, 2026, provide 200 unsheltered homeless individuals case management services to address social determinants of health, including housing fora total of unhoused individuals including the following:
• Implementing strategies that effectively reach the people who are experiencing unsheltered homelessness
• Implementinga detailed plan of action with purposeful and documented engagement with sustainable permanent housing options, including collaborating with HUDs Continuum of Care to enroll individuals in the local Coordinated Entry System, as well as the Housing Opportunities for Persons with AIDS program and other public housing options.
• Providing case management services to coordinate all aspects of care, including behavioral health, primary care, infectious disease prevention and treatment, other supportive services (e.g., housing, benefits, employment), and assist with transitions for returning to the community after any hospitalization or emergency room visit as appropriate, including enrolling eligible individuals in health insurance, Medicaid, Medicare, and other benefit programs (e.g., Social Security Disability Insurance and Supplemental Security Income, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, prescription assistance programs, etc.), and other human and community-based services as appropriate.
8. During the project period ending September 29, 2026, provide transportation directly to and from referral providers for a total 150 unhoused individuals.
9.Prior to the beginning of service provision, provide training for 100% of staff and service providers on harm reduction strategies, evidence-based practices, motivational interviewing, intensive case management, community reinforcement approach and/or peer supports.
10. During the project period ending September 29, 2026, distribute hygiene kits, safer sex kits and, or equipment and supplies to 1200 unhoused individuals to enhance harm reduction efforts
11. During the project period ending September 29, 2026, utilize telehealth and/or telemedicine services with a total of 25 unhoused individuals
12. At the conclusion of4 quarters of service delivery, develop policies to support needed service system improvements regarding establishment of standards of ..
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care for IBHPC + HIV Street Medicine.
13. Annually throughout the performance period, participate ina virtual learning collaborative to share best practices and lessons learned, as well as brainstorm solutions to challenges faced by members of the learning collaborative.
14. Annually throughout the performance period, document best practices and lessons learned while implementing integrated care using a portable clinical care approach and Disseminate findings from pilot program.
15. Upon completion of the performance period, document best practices and lessons learned for the public through either the development of white papers, participation in conference presentations,a guide to be shared with the public about launching their own portable clinical care program, etc. ..
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Exhibit B
Invoice Requirements
Invoices must be submitted on a monthly basis and include the following information:
1. Project/Activity Name
2. Date (Performance Period)
3. Cost breakdown for proposed reimbursable expenses
4. A detailed description of work by each individual billing services including but not limited to hours worked, key personnel assigned, summary of meetings, staff hired with date of hire, number of clients served, type of services provided, and point of care.,
5. Itemized travel and boarding expense information
6. Adequate support as applicable including:
a. Itemized receipts (including but not limited to copies of reports/supporting documents referenced in Exhibits A, C-D)
b. Staff resumes/credentials
c. Staff training dates and applicable certifications
7. In addition to the invoice requirements noted above, the SAMHSA Grant Application, Notice of Award, and Disparity Impact Statement attached hereto as Exhibits C-E are incorporated herein by reference and Provider agrees to comply with all terms and conditions therein, including but not limited to funding conditions, detailed narrative/justification for all costs, and reporting requirements.
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Exhibit C
Grant Application
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OMB Number: 4040-0004
Expiration Date: 11 /30/2025
Application for Federal Assistance SF-424
* 1. Type of Submission:
Q Preapplication
Q Application
• Changed/Corrected Application
* 2. Type of Application: * If Revision, select appropriate letter(s):
•New
Q Continuation *Other (Specify)
Q Revision
* 3. Date Received: 4. Applicant Identifier:
7/26/2023
5a. Federal Entity Identifier: 5b. Federal Award Identifier:
-23-024 93.899
State Lase Only:
6. Date Received by State: 7. State Application Identifier:
8. APPLICANT INFORMATION:
* a. Legal Name: he City of Vernon
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
95-6000808 ZMK4GCEKJ7G3
d. Address:
* Street1: 305 Santa Fe Avenue
Street2:
* City: ernon
County/Parish:
* State: CA: California
Province:
* Country: USA: UNITED STATES
* Zip /Postal Code: 90058-1714
c. Organi-rational unit:
Department Name: Division Name:
f. \`ame and contact information of person to he contacted on matters involving this application:
Prefix: *First Name:
-
Middle Name:
* Last Name:
Suffix:
Title:
Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024. Received Date: 2023-07-26714:03:34.000-04:00 ..
Item 18 Page 14 of 78
OMB Number: 4040-0004
Expiration Date: 12/31 /2022
Application for Federal Assistance SF-424
* 9. "Cype of Applicant l: Select Applicant 'Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
x 10. Name of Federal Agency:
Substance Abuse and Mental Health Services Adminis
11. Catalog of Federal Domestic Assistance Number:
CFDA Title:
x 12. Funding Opportunity Number:
-23-024
* Title:
Minority HIV/AIDS Fund: Integrated Behavioral Health and HIV Care for Unsheltered Populations Pilot Project
13. Competition Identification Number:
-23-024
Title:
Portable Clinical Care Pilot Project
14. Areas Affected by Project (Cities, Counties, States, etc.):
File Name: 1247-Attachment 9.pdf
IS. Descriptive Title of Applicant's Project:
On-The-Streets Portable Clinical Care Program with Integrated Behavioral Health and HIV Care Attach supporting documents as specified in agency instructions.
File Name:
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024. Received Date: 2023-07-26714:03:34.000-04:00 ..
Item 18 Page 15 of 78
OMB Number. 4040-004
Expf ration Date: 12/31 /2Q22
Application for Federal Assistance SF-424
16. Congressional Districts Of:
* a. Applicant q-042 * b. Program/Project:
q-a42
Attach an addtt(onal list of Program/Project Congressional D(st~icts if needed.
17. Proposed Project:
* a. Start Date: 0/01 /2023 * b. End Date: 9/3 /2026
18. Estimated Fending (S):
* a. Federal 1,498,900.0
* b. Applicant 0.0
* c. State
* d. Local 0.0
* e. Other 0.0
* f. Program Income p,
* g. TOTAL 1,998,900.0
* 19. Is Application Subject to Review By State Under Ezecn6f e Order 12372 Process? p a. This application was made available to the State under the Executive Order 12372 Process for review on ~ b. Program is subject to E.0.12372 but has not been selected by the State for review.
Q c. Program is not covered by E.0.12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide ezplanation in attachment.) p Yes ~ No
Z1. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are tree, complete and accurate to the best of my knowledge. I also pro~zde the required assurances** and agree to comply with ant resulting terms if I accept an award.
I am aware that any false, ficfitious, or fraudulent statements or claims may subject me to criminal, civil, or administrati~~e penalties. (U.S. Code, Title 218, Section 1001)
~1 ** I AGREE
**The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representati~•e:
Prefix: *First Name:
-
Middle Name:
* Last Name:
Suffix: -
* T(tle: edical Director
* Telephone Number. Fax Number.
* Email:
* S(gnature of Authorized Representative: *Date Signed:
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024. Received Date: 2023-07-26T14:03:34.000-04:00 ..
Item 18 Page 16 of 78
Los Angeles Economic Development Corporation's Most Business-Friendly City July 5, 2023
Statement of Certification of Geographic Catchment Area This letter serves to certify the City of Vernon's On-The-Streets Portable Clinical Care Program will target unsheltered homeless individuals in Los Angeles County, California, which is one of the ALL INside Initiative jurisdictions.
In Community
. .~
Fredrick Agyin,
Director of Health
City of Vernon
4305 Santa Fe Avenue Vernon, CA 90058-1714
1247-Attachment 9 Page 5 ..
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BUDGET INFORMATION
-
Non-Construction Programs
OMB Approval No. 4040-0006
Expiration Date 02/28/2025
SECTION A -BUDGET SUMMARY
Grant Program
Function or Activit a y ~ ~
Catalog of Federal
Domestic Assistance
Number (b)
Estimated Unobligated Funds New or Revised Budget
Federal (c) Non-Federal (d) Federal (e) Non-Federal (fl Total (g) 1 . Personnel 0 $0.00 $0.00 $53,000.00 $0.00 $53,000.00
2. Contractual 0 $0.00 $0.00 $569,500.00 $0.00 $569,500.00 3 . Other 0 $0.00 $0.00 $35,000.00 $0.00 $35,000.00
4 . Indirect 0 $0.00 $0.00 $8,800.00 $0.00 $8,800.00
5. Totals $0.00 $0.00 $666,300.00 $0.00 $666,300.00
SECTION B -BUDGET CATEGORIES
6. Object Class Categories GRANT PROGRAM, FUNCTION OR ACTIVITY Total (1) Personnel (2) Contractual (3) Other (4) Indirect (5) a. Personnel X53,000.00 $532,000.00 $0.00 $0.00 $585,000.00 b. Fringe Benefits $0.00 $0.00 $0.00 $0.00 $0.00
c. Travel $0.00 $0.00 $0.00 $0.00 $0.00
d. Equipment $0.00 $0.00 $0.00 $0.00 $0.00
e. Supplies $0.00 $10,000.00 $0.00 $0.00 $10,000.00
f. Contractual $0.00 $0.00 $0.00 $0.00 $0.00
g. Construction $0.00 $0.00 $0.00 $0.00 $0.00
h. Other $0.00 $25,000.00 $35,000.00 $0.00 $60,000.00 i. Total Direct Charges (sum of 6a-6h) $53,000.00 $567,000.00 $35,000.00 $0.00 $655,000.00 j. Indirect Charges $0.00 $2,500.00 $0.00 $8,800.00 $11,300.00 k. TOTALS (sum of 6i and 6j) $53,000.00 $569,500.00 $35,000.00 $8,800.00 $666,300.00
7. Program Income $0.00 $0.00 $0.00 $0.00 $0.00
Standard From 424A (Rev. 7-97)
Prescribed by OMB Circular A-102
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024 . Received Date: 2023-07-26714:03:34.000-04:00 ..
Item 18 Page 18 of 78
SECTION C -NON-FEDERAL RESOURCES
(a) Grant Program (b) Applicant (c) State (d) Other Sources (e) TOTALS
8. Personnel $0.00 $0.00 $0.00 $0.00
9. Contractual $0.00 $0.00 $0.00 $0.00
10 . Other $0.00 $0.00 $0.00 $0.00
11 . Indirect $0.00 $0.00 $0.00 $0.00
12. TOTAL (sum of lines 8-11) $0.00 $0.00 $0.00 $0.00
SECTION D -FORECASTED CASH NEEDS
13. Federal
Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter $666,300.00 $166,575.00 $166,575.00 $166,575.00 $166,575.00
14. Non-Federal $0.00 $0.00 $0.00 $0.00 $0.00
15. TOTAL (sum of lines 73
and 74 ) $666,300.00 $166,575.00 $166,575.00 $166,575.00 $166,575.00
SECTION E -BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS (Years)
(b) First (c) Second (d) Third (e) Fourth
16. Personnel $53,000.00 $53,000.00 $0.00 $0.00
17. Contractual $569,500.00 $569,500.00 $0.00 $0.00
18 . Other $35,000.00 $35,000.00 $0.00 $0.00
19 . Indirect $8,800.00 $8,800.00 $0.00 $0.00
20. TOTAL (sum of lines 76-79) $666,300.00 $666,300.00 $0.00 $0.00
SECTION F -OTHER BUDGET INFORMATION
21. Direct Charges: 0 22. Indirect Charges: Indirect Charges: de minimis rate 10% on $88,000
23. Remarks:
Standard Form 424A (rev. 7-97) Paget
Authorized for Locai Reproduction
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024 . Received Date: 2023-07-26714:03:34.000-04:00 ..
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ASSURANCES -NON-CONSTRUCTION PROGRAMS
OMB Approval No. 4040-0007
Expiration Date 02/28/2025
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal
share of project cost) to ensure proper planning,
management and completion of the project described
in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act 7 of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited
to: (a) Title VI of the Civil Rights Act of 1964 (P.L.
88-352) which prohibits discrimination on the basis
of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20
U.S.C. §§1681- 1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of
the Rehabilitation
Previous Edition Usable Authorized for Local Reporoduction Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (fl the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee- 3), as amended, relating to confidentiality of .
alcohol and drug abuse patient records; (h) Title VIII
of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statutes)
under which application for Federal assistance is
being made; and, (j) the requirements of any other
nondiscrimination statutes) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -
assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit
the political activities of employees whose principal
employment activities are funded in whole or in part
with Federal funds.
Standard Form 4248 (Rev. 7-97)
Prescribed by OMB Circular A-102
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024 . Received Date:
2023-07-26714:03:34.000-04:00
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Item 18 Page 20 of 78
9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the
Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874),
and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§327- 333), regarding labor standards
for federally-assisted construction subagreements.
10. Will comply, if applicable, with flood insurance
purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area
to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which
may be prescribed pursuant to the following: (a)
institution of environmental quality control measures
under the National Environmental Policy Act of 1969
(P.L. 91-190) and Executive Order (EO) 11514;
(b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains
in accordance with EO 11988; (e) assurance
of project consistency with the approved State
management program developed under the Coastal
Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.); (fl conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of
the Clean Air Act of 1955, as amended (42 U.S.C.
§§7401 et seq.); (g) protection of underground sources
of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of
assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and
policies governing this program.
19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000,
as amended (22 U.S.C. 7104) which prohibits grant
award recipients or asub-recipient from (1) Engaging
in severe forms of trafficking in persons during the
period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that
the award is in effect or (3) Using forced labor in the performance of the award or subawards under the
award.
* SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL *TITLE
Medical Director
* APPLICANT ORGANIZATION *DATE SUBMITTED
The City of Vernon 07-26-2023
Standard Form 4246 (Rev. 7-97) Back
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024 . Received Date:
2023-07-26T 14:03:34.000-04:00
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Item 18 Page 21 of 78
OMB Number: 4040-0019
Expiration Date: 02/2812022
Project Abstract Summary
Funding Opportunity TI-23-024
Number:
CFDA(s):
Applicant Name: The City of Vernon
Descriptive Title of Applicant's Project:
On-The-Streets Portable Clinical Care Program with Integrated Behavioral Health and HIV Care Project Abstract:
In order to address the growing need in our community to provide healthcare to the unhoused, The City of Vernon is partnering with and MLK Hospital Street Medicine and Wellness Equity Alliance to implement our On-The-Streets Portable Clinical Care IBHPC+HIV Care Program. This program combines the best practices of Integrated Behavioral Health and Primary Care and HIV/AIDS prevention and treatment interventions with the promising practice of Street Medicine to provide comprehensive services to unsheltered people experiencing homelessness. On-The-Streets provides direct patient care through multi-disciplinary teams who conduct walking rounds and pop up clinics for the unsheltered homeless population in the Greater Vernon Area. Our implementation strategy for this program is built on a foundation trust-building, flexibility, and respect for the unsheltered individuals' unique experiences and wishes. We recognize that unsheltered individuals have many of the same medical issues as the general population, we also recognize that traditional doctor-patient relationship in brick and mortar practices does not meet the needs of this population. We firmly believe that quality healthcare is a fundamental right that should be accessible to every person, irrespective of their housing situation and we are experienced in addressing the unique needs and challenges faced by unhoused individuals, particularly those who have been living on the streets or encampments for extended lengths of time and those with complex co-morbidity issues. On the Streets will improve health outcomes of those who do not readily utilize shelters or the adjunctive services co-located within shelters by providing direct patient care to unsheltered individuals experiencing homelessness. The Street Medicine Team is a roaming multi-disciplinary team will be a with "relationship-based" model including frequent/re-occurring contact with patients. The team will be comprised a Psychiatric Nurse Practitioner, a Medical Assistant, Community Health Worker SUD Counselor, Community Health Worker/HIV Counselor/Tester and a Consulting Psychiatrist.
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024 . Received Date:
2023-07-26T 14:03: 34.000-04:00
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Item 18 Page 22 of 78
OMB Number: 4040-0010
Expiration Date: 11/30/2025
Project/Performance Site Locations)
Project/Performance Site Primary Location
Organization Name: City of Vernon
O I am submitting an application as an individual, and not on behalf of a company, state, local or tribal government, academia, or other type of organization.
UEI: ZMK4GCEKJ7G3
Street1*: 4305 Santa Fe Avenue
Street2:
City*: Vernon
County:
State*: CA: California
Province:
Country*: USA: UNITED STATES
Zip /Postal Code*: 90058-1714
Project/Performance Site Congressional District*: CA-037 Additional Locations) File Name:
Tracking Number: GRANT13946260 Opportunity Number: TI-23-024 . Received Date:
2023-07-26T 14:03:34.000-04:00
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Item 18 Page 23 of 78
A-1 The population of focus is unhoused individuals, youth and families living on the streets or locations not meant for habitation such as cars, vans, tents, and makeshifts in the City of Vernon and the surrounding area within the county of Los Angeles. This catchment area is west of the Los Angeles River, south of I-10 east of I-110, and north of I-105. The Zip Codes included are 9001 1, 90003, 90001, 90002, 90058, 90255, 90280, 90270.90744 and 90745. The greater Vernon area is part of Los Angeles Continuum of Care (CoC) and is located within Service Planning Area 6 South. It is located in one of the identified U.S. Interagency Council on Homelessness' ALLIn Initiative jurisdictions. (Certification in attachments) In this CoC, there are more than 45,000 unsheltered homeless adults and nearly 800 unsheltered homeless children. Approximately half are Hispanic/Latino. (US Department of~Housing and Urban Development Point-In-Time Courtl 2022) Demographically this population is 31 %Female, 67% Male, and 2% identifying as Non-binary, Questioning or Transgender; 42% are Hispanic/Latino, 31%Black or African American, 19% White and 5% multiple races or other. In addition: 5%are transition-age youth (age 18-24); 42% are chronically homeless; 30% have substance abuse disorders, 25%suffer from serious mental illness and an estimated 3-4% are positive with HIV. Socioeconomically they have low or no income and few resources. They have lost connection with family and friends and are socially isolated within encampments or in cars. They suffer from trauma and are reluctant to seek out care. Source: Los Angeles Homeless Services Authority, Greater Los Angeles Homeless Count Report, June 2023)
A-2 Vernon is located in Los Angeles County which has the largest homeless population in the U.S. The unsheltered population is experiencing profound healthcare access issues here. Improved health-cat•e access among people experiencing homelessness is identified as a critical need for Vernon and the surrounding area. As such, the City Health Department is targeting this population for services and care. (City of Vernon Community Health Needs Assessment, 2023) The upstream causes of poor health in the homeless population in the greater Vernon Area include extreme poverty, harsh living envit•onments, trauma and structural bari•iei•s to care. The downstream causes include infectious diseases, HIV, heart disease, substance use disorders (SUDs) and mental illnesses and SUDS which are all quite prevalent among this population.
Exacerbating this problem is the fact that aside from the City Department of Health and a few urgent care practices, there are minimal options for health care in Vernon with no primary care providers, women's health providers, mental health providers or substance use disorder resources. (Source: City of Vernon Commzmity Health Needs Assessment, 2023) The majority of unhoused individuals in Vernon have been living on the streets or in places not meant for habitation for many years and typically show signs of physical decline and mental health decompensation. There is currently no system in place to addt•ess the myriad of barriers these individuals face. As such the City Police Department is navigating complex systems of care in Los Angeles County to find health care and mental health services for these individuals. This is inefficient and unsustainable for the City. (Source: City of Vernon Community Health Needs Assessment, 2023)
A 2022 study by the RAND Institute found that 54% of unhoused people living in Los Angeles reported having a ►rental health condition. And, when a broad view of mental health is taken into consideration —including depression, stress and anxiety —some experts argue that it impacts all homeless people.
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In our area, just as in the rest of the United States, homeless services systems continued to expand the availability of both temporary and permanent beds in 2022, but these resources still fall short of reaching everyone in need. (Source: National Alliance to End Homelessness State of Homelessness: 2023 Edition.) And so, while we understand that housing can serve as an excellent platform for providing a system of care, the fact remains that housing remains elusive to the unhoused individuals in the Greater Vernon Area and street homeless men and women have life spans nearly 30 years shorter than their housed counterparts as access to primary care services remains difficult due to structural and economic barriers. (Source: Street Medicine Program, Keck School of Medicine, University of Southern California, Los Angeles, California and Street Medicine Institute, Ingomar, Pennsylvania) We simply cannot wait for all of these individuals to be housed before addressing these critical physical and mental health issues if we are to improve the overall health and wellness of the Greater Vernon Area.
Number of unduplicated Individuals to be Served with Award Funds Year 1 Year 2 Year 3 Total
300 400 500 1200
The overarching goal of this program is to improve access to healthcare for the unsheltered population is in the Greater Vec•non Area as ide~ltified in the 2023 Community Health Needs Assessment. While housing for homeless individuals is preferred, the City will address this inequity by implementing efficient and effective strategies to provide health care on the streets and in encampments with the following objectives:
l .During the project period ending Sept 30, 2026 we will:
a. Provide basic primary health care services and supplies to 600 unhoused individuals b. Conduct 600 screenings and assessments of substance use disorders and co-occurring mental and substance use disorders utilizing a low threshold approach that offers SUD services, including medication assisted Opioid Use disorder and alcohol use disorder with unhoused individuals.
c. Provide 600 unhoused clients with case management including comprehensive assessment of the client's needs and development of an individualized service plan (including infectious disease prevention/treatment services, funding for treatment, etc) and referral/linkage to treatment as appropriate.
d. Screen 600 unhoused individuals and their drug-using and/or sexual partners for HIV, viral hepatitis (B and C), STI's, Mpox, and tuberculosis and provide HIV testing, using a portable clinical care approach. Note: Hepatitis A testing will also be performed if an outbreak takes place in the area.
e. Provide treatment for 210unhoused individuals and their drug-using and/or sexual partners for• HIV, viral hepatitis, STI's, Mpox, and tuberculosis and provide HIV testing, using a portable clinical care approach.
f. Navigate 30 unhoused individuals to Mpox testing, treatment and prevention resources and mental health support.
g. Provide testing to 600 unhoused individuals for STIs (gonorrhea, chlamydia, and syphilis) and provide treatment on-site as needed.
h. G Screen 300unhoused individuals for symptomatic tuberculosis. i. Test 300 unhoused individuals for latent or active tuberculosis j. Provide tuberculosis treatment to 20 unhoused individuals. 1248-City of Vernon Street Medicine Narrative Page 13 ..
Item 18 Page 25 of 78
2. Prior to grant activities beginning implement infectious disease testing quality assurance measures following established guidelines.
3. Prior to grant activities beginning, develop a detailed plan of action with purposeful and documented engagement with sustainable permanent housing options and develop Memoranda of Agreement (MOAs) with the following, as appropriate:
• Primary HIV treatment and care providers, including Ryan White providers, to strengthen integration of care through case management.
• Treatment providers for referrals and linkages to follow-up care and treatment for individuals with viral hepatitis (B or C).
• Care providers for referrals and linkages to Pre-Exposure Prophylaxis (PrEP). • Care providers for referrals and linkage to Post-Exposure Prophylaxis (PEP).
4. During the project period ending Sept 30, 2026, provide evidence-based harm reduction education and supplies including FDA-approved overdose reversal medication as well as drug supply testing and overdose prevention education and services on-site, as allowable under this award and adhering to federal, state, and local laws, regulations, and other requirements related to such programs or services for a total 600 unhoused individuals.
5. During the project period ending Sept 30, 2026, provide Mental healthcare, treatment, and referral for• a total of 300 unhoused individuals including:
a. Screening and assessment of mental health conditions and co-occurring mental and substance use disorders.
b. Trauma-informed, culturally responsive, client-centered, evidence-based, cecoveryoriented, and integrated mental health and substance use services on-site c. Deliver or coordinate any services determined to be necessary to address identified mental health conditions
6. During the project period ending Sept 30, 2026, provide outreach services to 1200 unhoused individuals living in the streets, encampments or other places not meant for• human habitation by implementing strategies that effectively reach the people who are experiencing unsheltered homelessness.
7. During the project period ending Sept 30, 2026, provide 200 unsheltered homeless individuals case management services to address social determinants of health, including housing for a total of unhoused individuals including the following:
• Implementing strategies that effectively reach the people who are experiencing unsheltered homelessness
• Implementing a detailed plan of action with purposeful and documented engagement with sustainable permanent housing options, including collaborating with HUDs Continuum of Care to enroll individuals in the local Coordinated Entry System, as well as the Housing Opportunities for Persons with AIDS program and other public housing options. • Providing case management services to coordinate all aspects of care, including behavioral health, prima►•y care, infectious disease prevention and treatment, other supportive services (e.g., housing, benefits, employment), and assist with transitions for returning to the community after any hospitalization or emergency room visit as appropriate, including enrolling eligible individuals in health insurance, Medicaid, Medicare, and other benefit programs (e.g., Social Security Disability Insurance and Supplemental Security Income, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, prescription assistance programs, etc.), and other human and community-based services as appropriate.
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Item 18 Page 26 of 78
8. During the project period ending Sept 30, 2026, provide transportation directly to and from referral providers for a total 150 unhoused individuals.
9. Prior to the beginning of service provision, provide training for 100% of staff and service providers on harm reduction strategies, evidence-based practices, motivational interviewing, intensive case management, community reinforcement approach and/or peer supports. 10 During the project period ending Sept 30, 2026, distribute hygiene kits, safer sex kits and, or equipment and supplies to 1200 unhoused individuals to enhance harm reduction efforts
11. During the project period ending Sept 30, 2026, utilize telehealth and/or telemedicine services with a total of 25 unhoused individuals
12. At the conclusion of 4 quarters of service delivery, develop policies to support needed service syste►n improvements regarding establishment of standards of care for IBHPC +HIV Street Medicine.
13. Annually throughout the performance period, participate in a virtual learning collaborative to share best practices and lessons learned, as well as brainstorm solutions to challenges faced by members of the learning collaborative.
14. Annually throughout the performance period, document best practices and lessons learned while implementing integrated care using a portable clinical cac•e approach and Disseminate findings from pilot program.
15. Upon completion of the performance period, document best practices and lessons learned for the public through either the development of white papers, participation in conference presentations, a guide to be shared with the public about launching their own portable clinical care p►•ogram, etc
B-2 The City of Vel•non Health Depat
-tment is currently providing Integt•ated Behavioral Health and Primary Care (IBHPC) including HIV interventions from 3 mobile trailers and 2 ►nobile units (Mercedes Sprinter vans). In order to address the growing need in our community to reach the unhoused, we are pa~~tnering with MLK Hospital Street Medicine and Wellness Equity Alliance to implement our On-The-Streets Portable Clinical Care IBHPC+HIV Care Program. This program combines the best practices of IBH/Primary Care and I-IIV/AIDS prevention and treatment interventions with the promising practice of Street Medicine to provide comprehensive services to unsheltered people experiencing homelessness.
On-The-Streets provides direct patient care through multi-disciplinary teams who conduct walking rounds and pop up clinics for the unsheltered homeless population in the Greater Vernon Area.
Our implementation strategy for this program is built on a foundation trust-building, flexibility, and respect for the unsheltered individuals' unique experiences and wishes. We recognize that unsheltered individuals have many of the same medical issues as the genet•al population, we also recognize that traditional doctor patient relationship in bc•ick and mortar practice does not meet the needs of this population.
We firmly believe that quality healthcare is a fundamental right that should be accessible to every person, irrespective of their housing situation and we are experienced in addressing the unique needs and challenges faced by unhoused individuals, particularly those who have been living on the streets or encampments for extended lengths of time and those with complex co-morbidity issues. On the Streets will improve health outcomes of those who do not readily utilize shelters or 1248-City of Vernon Street Medicine Narrative Page 15 ..
Item 18 Page 27 of 78
the adjunctive services co-located within shelters by providing dire direct patient care to unsheltered individuals experiencing homelessness.
The Street Medicine Team is a roaming multi-disciplinary team will be a with "relationship -
based" model including frequent/re-occurring contact with patients. The team will be comprised a Psychiatric Nurse Practitioner, a Medical Assistant, Community Health Worker (CHW) SUD Counselor, CCHW/HIV Counselor/Tester, and a Consulting Psychiatrist.
Planning
Prior to deploying this team, we will
• convene a planning session with all partners, staff and stakeholders including individuals with lived experience.
• develop Electronic Medical Record workflow that allows for efficient reporting on outcomes for this project and a
• develop and review a Behavioral Health Disparity Impact Statement (DIS). • provide training to staff and other• stakeholders on the National CLAS standards, mental health and substance use disorders, harm reduction strategies; Street Medicine; Project specific policies and p►•oceduces; Integrated Care; U=U messaging, telehealth services, and other relevant topics
GIS Street Mapping
WEA will provide a series of comprehensive community health needs assessments (CHNAs) to identify the most impactful locations from a social detet•minants of health (SDoH) standpoint. WEA is able to pet•form 360° community health assessments using adata-science technique that consolidates a group of SDoH data-sets (>90) focusing on social vulnerability and the cascading impacts of SUD and HIV risk, coupled with GIS-guided anonymized cell phone data. Our group will evaluate this data overlaid on GIS to determine the "hotspots" where altel•native medical services (e.g. HIV prevention mobile units) sf~ould be deployed in order to achieve maximal impact.
These data-driven decisions will not supplant, but rather• enhance our coordination with CBOs and other community stakeholders involved in identifying sites. In addition, when we superimpose anonymized cellphone movement data (GIS), we can better understand where people are spending their time. Data like this can be analyzed more granula►•ly to identify specific places, days of the week, and time of day where these residents may be reached. It can also be used to identify movement patterns and behaviors to help inform strategy, such as how often residents visit health centers, child care facilities, as well as other community engagement (e.g. fast food, liquor establishments, churches, grocery stores, etc). Having adata-informed strategy to target equitable distribution of resources, close gaps in access, and ►neet patients and ►•esidents "where they are at" with targeted interventions designed based on information rather than an Deployment Strategy
In terms of data analytics, our approach isthree-pronged. First, we will work with our data analytics approach to provide demographic, SDo~-I, and mobility data to pinpoint specific locations in vulnerable neighborhoods from each region to deploy mobile clinics and/or provide community health education on HIV prevention. The analysis support will focus on identifying key communities that are particularly vulnerable due to lack of access to care (many socially-determined) and lack of actionable data for programs to target limited resources like mobile clinics-to reach the highest 1248-City of Vernon Street Medicine Narrative Page 16 ..
Item 18 Page 28 of 78
number of people. The city of Vernon (in collaboration with our partners) will provide the following deliverables:
• Conduct iterative analyses in order to identify specific locations within the regions that are frequently visited by community residents that are highly impacted by SDoH and community vulnerabilities, which may include data factors such as: socioeconomic and language barriers, access to care and transportation, housing stability, chronic condition prevalence, etc.
o We will mostly focus on areas of known high population density of IDUs, including shooting galleries and encampments.
• Utilizing these data indicators, we will outline the highest-risk geographies/neighborhoods to focus on (5 sq mi area each).
• Conduct analysis of mobility patterns using human mobility data within the region identified to isolate the highest-density areas- this shows high-level foot traffic and travel patterns across the areas) of analysis.
• From the highest-density areas identified, WEA will isolate specific sites/buildings to generate descriptive statistics on peak days and times- these will be the specific site recommendations for• mobile health or community outreach efforts. • Provide a written report outlining the methodology, findings, and recommendations. • Determine the data fields and frequency required to track outcomes of interest, which may be of interest to SAMHSA.
• Analyze tracked program data on an ad hoc basis to identify any key insights that can be used to guide the strategy of the program, outreach, or workflow ope►•ations.
Implementation
The Street Medicine team will utilize a combination of roaming rounds and pop-up clinics to • Provide basic primary health care services and supplies • Provide Low bar►•ier substance use disorder treatment • Syndemically address infectious diseases, including HIV/AIDS, sexually transmitted infections (STI), vi►•al hepatitis, Mpox, and tuberculosis, as appropl•iate • Provide harm reduction services
• Provide Mental healthcare, treatment, and referral
• Conduct outreach and provide case management services to address social determinants of health, including housing.
After our initial implementation we will conduct an Initial Project Evaluation and Continuous Quality Improvement (CQI) Analysis. We will revise procedures as appropriate based on results from CQI analysis and redeploy. We will follow up with a Rapid CQI Changes Assessment and revise protocols again if needed. We will report all findings including best practices lessons learned and challenges as well as throughputs and outcomes.
Integrated Behavioral Health Care —Chronic diseases that drive morbidity and health ca►•e costs are often influenced by behavioral health conditions such as depression, anxiety and substance use disorders. When effectively managed, these behavioral health symptoms are mitigated, improved patient outcomes can be seen for chronic and infectious diseases. We will utilize this approach with primary care and behavioral health providers working together, in teams. Traditionally, this Evidence Based Practice is site-based with practitioners co-located in the same building. We will adapt this model to work within a street medicine concept by taking the practitioners out of the building. We will keep them in integrated teams that will operate in the streets in roaming rounds and pop-up clinics in areas where unhoused individuals congregate. 1248-City of Vernon Street Medicine Narrative Page 17 ..
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Medication for Opioid Use Disorder and Medication for Alcohol Use Disorder —These EBPs use medications that target the brain in combination with counseling and behavioral therapies to provide a whole patient approach to treahnent. These practices are effective with this population of focus and are critical components of recovery for individuals experiencing homelessness. They decrease deaths by overdose and are supported by research. We will refer patients to certified providers.
Motivational interviewing (Mn is aclient-centered counseling approach that helps individuals overcome ambivalent feelings and insecurities and generate motivation to change undesired behaviors and reduce or stop unhealthy lifestyle choices. It helps individuals with a variety of presenting problems, including mental health disorders andlor SUDS typically experienced by tuisheltered homeless individuals. MI can move individuals towards recovery and engage theta iu treatment before and while working toward a stable housing placement.
Street Medicine —Street Medicine is a practice that has emerged in the past decade in which healthcare providers deliver medical care to homeless populations outside of traditional healthcare facilities in various settings where unsheltered people live. There are cturently no definitive standardized protocols for delivering street mnedicine. However, there are best practices w~iich can be followed. Street medicine works well with unsheltered people experiencing homelessness as it reduces health inequities and stigma ainon~ excluded populations. It also allows early interventions and easier access to healthcare services. These types of programs also represent a cost-effective delivery model that unproves health outcomes in uuderserved populations. It is preventive nature, which reduces serious and costly complications that can increase healthcare- associated costs for a coininunity.
C-2 Fidelity monitoring is a key eleulent in successful unpleineutation, sustainmeut, and expansion of otu~ program. As such the City of Vernon will incorporate Fidelity reviews as part of the evaluation and unprovetnent process to evaluate adherence, exposiue, quality of delivery, participant responsiveness, and program differentiation. The data collection protocol inay include data sources and methods of observation such as "site" visits while the team is working iu the streets or encampment, at teaiu ineetiugs, interviews with staff and patients, and a review of docuineutation.
D1 -The City of Vernon, which is one of only fotu cities in the state of Califonua with its own health departYneut, is focused on ensuring the health and safety of its residents, workers, visitors and neiahborina communities. The City of Vernon will lead. direct and oversee t}us nroiect. . He will be the Project
uector or s program. e as years o experience ea g popu atiou and public health systems across the nation and beyond. He serves as one of 12 members of the boards for the HIV Medicine Association (F.~TMA), representing >12,000 HIV providers in the US. Here has served as one of the leaders to promote the effectiveness of street medicine for people living with or at risk of HIV. Iu fact, he co-authored a white paper on this topic, which was published by F.[IVMA.
He is widely laiowu as a national subject matter expert on HIV prevention and treahnent for eo le ex eriencing homelessness.
is well positioned to be the Project Director having served as the first Chief Medical O icer or NYC dluing the first COVID-19 stage in 2020, overseeing COVID-19 clinical operations for the Office of Emergency Mauageuient and numerous CMO posts overseeing community health centers focusing on homelessness, indigenous health, migrant health, substance 1248-City of Vemon Street Medicine Narrative Page 18 ..
Item 18 Page 30 of 78
abuse and mental health across the US. He has been MAT medical director for a number of organizations. He was also previously the national director of infectious diseases for the AIDS Healthcare Foundation, the largest community-based HIV organization in the US.
MLK Community Healthcare is an integrated healthcare delivery system that serves the medicallyunderserved community of South Los Angeles in the Greater Vernon Area. Their Street Medicine Department is addressing the needs of the unsheltered patients that seek care in their facilities. The Street Medicine Department sends an interdisciplinary team of clinical care experts, social services personnel and outreach experts onto the streets to do regular checks on formerly hospitalized MLK Community Hospital patients who are unhoused. The team performs a range of health and supportive functions, from refilling prescription medicines to performing simple wound care or staple or suture removal. MLK Community Health Care Street Medicine has committed to proving appropriate referral of eligible unhoused patients in the MLK Community Healthcare service area and to collaborating on care for patients.
Wellness Equity Alliance (WEA), the organization that prepared the 2023 Community Health Needs Assessment for the City of Vernon will be providing the street medicine team staff and supplies, program coordination, project evaluation, quality assurance and improvement process as well as the Electronic Medical Record & Telehealth service/technical interface, GIS technology.
WEA is a national public health organization and multidisciplinary team of physicians, health professionals, and organizational experts with expertise in infectious disease, public health, emergency medicine, primary care, cardiology, pediatrics, psychiatry, community health work (CHW), nursing and advanced pI•actice pharmacy. WEA partners with governme~lt, non-profit or sovereign entities to provide comprehensive community &public health extension services tailored to minimize access barriers for historically marginalized communities. WEA's core mission is to addt•ess healthcare disparities largely driven by the social determinants of health (SDoH). Their team has experience and proven ability to rapidly deploy professional medical personnel and resources as needed to accommodate outbreaks and other unexpected issues in demanding environments.
WEA's team members built their• national reputation by partnering with more than 60 government agencies to respond to the COVID-19 mass vaccination program. Their work delivered more than 2 million COVID-19 vaccinations across more than 10 states in the US with a focus on underserved and historically marginalized communities. Standing up amulti-state, mass vaccination program in the midst of a pandemic required a relentless focus on quality care and rapidly implemented performance improvement cycles as CDC guidelines changed. Given the worsening of chronic disparities exacerbated by impact of the pandemic, they quickly expanded their operational models across the U.S. to encompass a wide scope of communicable diseases including HIV/AID, Tuberculosis, Hepatitis, STI's, Mpox as well as behavioral health, substance abuse diabetes and other clinical needs of historically marginalized populations.
Brett J. Feldman, MSPAS, PA-C, will be serving as an advisor through WEA on this project. Mr.
Feldman serves as the Vice Chair of the Street Medicine Institute, an international organization that provides technical assistance to street medicine prograrr►s around the world. His work has been featured on the BBC, Channel News Asia, Washington Post, LA Times, CNN, the Associated Press and Telemundo. A PBS documentary featuring Brett and the street medicine program that he founded, Close to Home: Street Medicine, won an Emmy award in 2018.
Mr. Feldman is also the Director and co-Founder of Street Medicine at the Keck School of Medicine (KSOM) of USC and an Assistant Professor of Family Medicine. He has practiced homeless medicine since 2007 and founded programs at Lehigh Valley Health Network (LVHN) 1248-City of Vernon Street Medicine Narrative Page 19 ..
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Street Medicine in Allentown, PA, and co-founded the KSOM of USC Street Medicine in Los Angeles, CA.
Title Role Qualifications Level of Effort
A master's degree in
public health, healthcare
Oversee and manage the day-to-day
ad►ninistration, social
operations of the integrated behavioral health
work, or a related field is
Project
and primary care street medicine program,
required. A clinical
o
.25 FTE (25 /o
Director ensuring smooth functioning and efficient degree (e.g., MD, DO, LOE) delivery of services. NP, PA) is preferred.
Extensive experience
serving marginalized
populations required.
A bachelor's degree in a relevant
field is required. Extensive
Lead the development and implementation of experience serving unsheltered Program an HIV integrated behavioral health and individuals such as ublic health, p 1 FTE Coordinator primary care street medicine program, healthcare administration social ~ 100%) ensuring alignment with the organization's work, or a related discipline is mission, goals, and strategic objectives. required.
Develop and implement an evaluation plan for A master's degree or higher in Project the integrated behavioral health and primary public health, social sciences, Evaluator care street medicine program, including the evaluation, or a related field is identification of evaluation methods, data required. .25FTE (25% collection tools, and perfor►nance indicators. LOE)
Master's degree in Nursing, with
a specialty in Psychiatric
ursing
Valid CA licensure as a
Physical health assessments, Mental health Psychiatric Nurse Practitioner assessments, Designing treatment plans, 10+years of experience in a Psychiatric Prescribing psycho-pharmaceuticals and clinical setting preferred Nurse medication, Experience working in
o
1 FTE (100 /o
Practitioner Working with patients and families to explain ambulatory settings Experience working with
LOE)
treatment plans, adjust medication and underserved communities, treatment for patients including those experiencing homelessness
5+years' experience prescribing
medication assisted treatment
(MAT)
Completion of a medical
Medical Assists with all clinical needs and supports assistant training program from 1 FTE (100% Assistant administrative overflow work. an accredited institution is LOE) required.
Community Associate's or Bachelor's degree
Health Worker Assists with patient outreach, resourcing, in public health, social work, ~ FTE (100% SUD patient retention, com►nunity surveillance, and nursing, psychology, or a related LOE) Counselor operational support; provide SUD counseling. field; Credentialed to provide SUD counseling. 3-5 years'
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experience SUD patients and
unsheltered homeless population
preferred.
Community Associate's or Bachelor's degree
Health Worker Assists with patient outreach, resourcing, in public health, social work, HIV patient retention, community surveillance, and nursing, psychology, or a related 1 FTE (100% Counselor/Tes operational support; provides HIV testing and field; 3-5 years' experience with LOE) ter
counseling. HIV patients and unsheltered
homeless population preferred.
Medical Doctor licensed to
practice in California; General
Psychiatry Board Certification
Diagnostic evaluations, treatment from The American Board of Consulting recommendations based on their assessments; Psychiatry and Neurology; Child Psychiatrist medication management; consultation, and Adolescent Psychiatry .25~FTE recommendations, and guidance to the street Board Certification from The (25 /o LOE) medicine team regarding patients with mental American Board of Psychiatry Health diagnoses. and Neurology; Certification in
Community Psychiatry from
American Association of
Community Psychiatrists
E1 The City of Vernon is committed to i►nplementing a robust monitoring and evaluation system to track the program's progress and outcomes. We will regularly collect data, analyze results, and use the findings to make informed decisions. WEA ground and support staff will continue to engage in highly tc•ained data collection efforts throughout the operational pe►•iod, which will funnel into our population health analytic tools analyzing the following measures:
• Using our local digital platforms (engaging local HIE platforms), we will perform M&E of the following:
o Changes in Knowledge, Attitudes and Beliefs (KAB) iterative surveys (starting with baseline) of those who have completed the workshops andqualitative data about feelings of "engagement" and "connection" to PCMHs, community centers, schools, etc. o Increase in PHQ-9 score implementation among patients o Increase in # of MAT patients (e.g. buprenorphine rx)# patients served o Demographics, including: Neighborhood makeup Primary languages spoken Race/ethnicity Sexual orientation/gender identity (SOGI) o # comorbidities
o # refer►•als to Social services, HIV care, primary care medical home o #adverse events
o Changes in HIV or behavioral health-related cases related to ED visits, pioid overdose, Hospitalizations, ICU admissions, or deaths
This (along with a number of WEA-determined QI measures), will help determine the level of success and direction of ongoing and sustainable clinical needs and assist in focusing on CQI efforts using the Triple Aim approach. \1Ve will work with the Vernon epidemiology team to continue to work on data comparisons to help us continue to laser-focus our ongoing operational blueprints and help us make improvements to our operational models as we continue to improve quality.
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Exhibit D
Notice of Award
..
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