CC - Item 4G - Professional Services Agreement with LA CADA for Homeless Outreach and Case Management ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER/`
DATE: JUNE 13, 2023
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH L.A. CADA FOR
HOMELESS OUTREACH AND CASE MANAGEMENT SERVICES
SUMMARY
The City of Rosemead has been a participant in the San Gabriel Valley Council of Governments
("SGVCOG") supplemental homeless services program to provide homeless outreach and housing
navigation services to individuals experiencing homelessness in Rosemead. On February 28, 2023,
the City Council approved the City's HOME -ARP allocation plan which allocated $1,222,084 for
homeless outreach and case management services. On April 3, 2023, the City Manager's Office
published RFP No. 2023-07 requesting proposals from qualified firms to provide homeless
outreach and case management services and received one proposal by the response deadline.
Therefore, it is recommended that the City Council authorize and direct the City Manager to
execute a Professional Services Agreement with L.A. CADA for homeless outreach and case
management services in the amount of $1,213,829 for a four-year period.
BACKGROUND
Beginning in August 2022, the City has been a participant in the San Gabriel Valley Council of
Governments ("SGVCOG") supplemental homeless services program to provide homeless
outreach and housing navigation services to individuals experiencing homelessness in Rosemead.
The focus of the program is to connect individuals experiencing homelessness with health services
and housing. Funded by a Measure H grant, the SGVCOG, has contracted with L.A. CADA to
provide these services to cities in the County's Service Planning Area ("SPA") 3, which includes
a cohort of Covina, La Puente, Rosemead, San Gabriel, Monterey Park, Temple City, Arcadia, and
South Pasadena. Services have been provided to the City on Wednesdays for 2-3 hours each week.
The current program term is expected to expire on June 30, 2023; however, the SGVCOG has
informed cities that the program will be continued through next fiscal year, but with the same
limited number of hours for each participating City.
Additionally, on February 28, 2023, the City Council approved the City's HOME -ARP allocation
plan. The American Rescue Plan Act of 2021 ("ARP") appropriated $5 billion to communities
across the U.S. to provide for the development of housing, supportive services, and shelter to
individuals experiencing homelessness and other vulnerable populations. These funds were
AGENDA ITEM 4.G
City Council Meeting
June 13, 2023
Page 2 of 4
allocated by formula to jurisdictions that qualified for funding through the HOME Investment
Partnership Program (HOME Program) from the U.S. Department of Housing and Urban
Development (HUD). The City was awarded $1,222,084 in HOME -ARP funding from HUD
which will be allocated for this use. On May 10, 2023, the City received notice from HUD that the
HOME -ARP plan was approved.
DISCUSSION
On April 3, 2023, the City Manager's Office published RFP No. 2023-07 requesting proposals
from qualified firms to provide homeless outreach and case management services. The City
received one proposal by the April 27, 2023, submittal deadline.
Firm
I Location
I Term
Total Proposal Amount
L.A. CADA
I Santa Fe Springs, CA
I Four Years
$1,213,829
L.A. CADA is a nonprofit 501(c)3 behavioral health care provider established in 1971 to serve
Los Angeles County. Their mission is saving lives, unite families, and protect the community by
providing access to non-profit, evidence -based behavioral services that address the needs of
vulnerable and disadvantaged populations. As a local agency, L.A. CADA has expertise in local
homeless resolution and the frequently related behavioral health issues. Their extensive continuum
of care includes emergency housing, transitional housing, supportive services, including linkage
to healthcare, permanent housing, and workforce development services.
L.A. CADA has facilities in Alhambra, Pasadena, Altadena, Bellflower, Pico Rivera, Santa Fe
Springs, South Gate, Whittier, downtown Los Angeles, east Los Angeles, Hollywood, and Long
Beach. They employ over 550 multidisciplinary behavioral healthcare workers, including
addiction specialists, physicians, psychiatrists, nurse practitioners, RNs, LVNs, state licensed
clinical therapists, registered SUD counselors, navigators, case managers, and dedicated peer
mentors with lived recovery experience.
L.A. CADA's proposal to the City includes the following items and activities:
• Outreach Team: L.A. CADA is proposing to provide two, full-time homeless outreach
navigators, with one navigator being designated as the on-site program coordinator, for
four hours per week. L.A. CADA can provide services on 4/10 shift or 5/8 shift schedule,
Monday through Thursday or Friday. Services will include housing navigation and
homeless outreach, including mental health assessments, substance use assessments, and
hygiene assistance.
• Dedicated Beds: A total of four (4) beds will be reserved for the City of Rosemead for
both residential treatment and/or emergency transitional housing.
• Case Management: The outreach team will provide extensive case management, which
will focus primarily on documentation and homelessness evaluation. Individuals will be
entered in both the Coordinated Entry System ("CES") and the Homeless Management
City Council Meeting
June 13, 2023
Page 3 of 4
Information Systems ("HMIS"), and the team will provide the necessary follow-up. Family
will be contacted where and when possible.
Reporting: The outreach team will maintain an ongoing, confidential database ensuring
that all engagements are documented and tracked. Reports will be distributed weekly to the
City.
• Additional Resources: The outreach team will remain flexible and adaptable to meet the
specific needs of Rosemead. Resources from within L.A. CADA as well as outside their
organization will be utilized. One (I) L.A. CADA vehicle will be dedicated to the City to
provide adequate transportation and navigation to the homeless.
L.A. CADA's proposal includes a first-year cost of $290,138, and they are requesting a 3%
Consumer Price Index adjustment for successive years. Based on the funding available, it is
recommended that the City enter into a four-year agreement for a total cost of $1,213,829, which
is within the HOME -ARP funding allocation of $1,222,084. Final contract execution will
commence upon notice of award from HUD.
STAFF RECOMMENDATION
It is recommended that the City Council authorize and direct the City Manager to execute a
Professional Services Agreement with L.A. CADA for homeless outreach and case management
services in the amount of $1,213,829 for a four-year period.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental Quality Act
("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As
such, this matter is exempt under CEQA.
STRATEGIC PLAN IMPACT
Goal A: Explore grant opportunities and continue to work with the San Gabriel Valley Council of
Governments and other regional partners to address homelessness.
FISCAL IMPACT
There is no impact to the General Fund. The Fiscal Year 2023-24 Proposed Budget includes an
estimated appropriation of $292,000 in HOME -ARP funds.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
City Council Meeting
June 13, 2023
Page 4 of 4
Submitted by:
A4L
Michael Bruckner
Assistant City Manager
Attachment A: LA CADA Proposal
Attachment B: RFP No. 2023-07
Attachment C: Professional Services Agreement
Attachment D: May 10, 2023 HUD Approval Letter
Attachment A
LA CADA Proposal
L.A.
CADA
A Path to Recovery
and Healthy Living
HEADQUARTERS and
ADMINISTRATIVE
OFFICES
12070 Telegraph Road
Suite 207
Santa Fe Springs, CA 90670
Admin: 562.777.7500
HR: 562.777.7503
Finance: 562777.7512
Fax: 562777.7510
w ..lacada.com
April 26, 2023
Ben Kim, City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Mr. Kim,
L.A. CADA is pleased to submit our proposal in response to Request for Proposals NO.
2023-07 for Homeless Outreach & Case Management Services in the City of
Rosemead. L.A. CADA has been a leading provider of substance use and behavioral
treatment services in the County of Los Angeles for over 50 years. We have a team of
highly qualified and experienced staff who are dedicated to providing quality services
to our clients. As such, L.A. CADA is uniquely positioned to provide the comprehensive
and client -centered services required to support the homeless population in
Rosemead.
Our proposal outlines a wide range of services that we will provide, including
proactive homeless outreach, intensive case management, and ASAM assessment. We
have a demonstrated track record of success working with individuals experiencing
addiction, behavioral problems, mental illness, trauma, and domestic violence. Our
staff members are highly qualified and trained to provide trauma -informed, recovery -
oriented services across the continuum of care and treatment, including outpatient,
intensive outpatient, and residential programs. Our team will provide a range of
supportive services, including case management, homeless outreach, substance
abuse, housing navigation, and other related counseling services.
We are committed to collaborating with the City of Rosemead to achieve our shared
goal of ending homelessness. We look forward to the opportunity to partner with the
City of Rosemead to address the challenges of homelessness and to provide
comprehensive and effective services to those in need. If you have any questions or
require additional information, please do not hesitate to contact me.
Sincerely,
41ylw7wo
Juan Navarro
Chief Executive Officer
• _ r • • _ IN 1, i 11 t _ e
L.A.
CADA Vicar L.A.CADA
.. �.
Los Angeles Centers for Alcohol and Drug Abuse
CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2023-07
HOMELESS OUTREACH & CASE MANAGEMENT SERVICES
Attachment: Proposal Forms
in response to
REQUEST FOR PROPOSAL NO. 2023-07
L.A.p
CADA LA CADA
Los Angeles Centers for Alcohol and Drug Abuse
CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2023-07
HOMELESS OUTREACH & CASE MANAGEMENT
SERVICES
Attachment: Technical Proposal
in response to
Request for Proposal No. 2023-07
Firm Qualifications
Type of organization, size, professional registration, and affiliations
Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) is a nonprofit 501(c)3
behavioral healthcare provider established in 1971 to serve Los Angeles County. Our mission
is to save lives, unite families, and protect the community by providing access to non-
profit, evidence -based behavioral s services that address the needs of vulnerable and
disadvantaged populations. L.A. CADA is a BIPOC-led nonprofit agency (Black, Indigenous,
People of Color) dedicated to equity for and BIPOC leadership by the marginalized
communities we serve. We ground our services in social justice, healthcare equity, and
adherence to CLAS National Standards for Culturally and Linguistically Appropriate Services
in Health and Health Care, I working to promote cultural humility into all agency services.
L.A. CADA's service system is trauma -informed on every level. As a local agency, we have
expertise in local homeless and frequently related behavioral health issues.
The key to L.A. CADA's homeless services approach is the utilization of non judgmental,
trauma informed, recovery -oriented, and culturally/linguistically-appropriate multi-
disciplinary teams. Our teams include Outreach Workers, Mental Health Clinicians, Case
Managers, and skilled medical personnel. Together, they have the skills needed to engage and
screen homeless individuals, and link them to critical services for targeted and intensive care
coordination. Service linkage for this project will include priority placement in
L.A. CADA's extensive continuum of care: emergency housing beds, transitional housing
beds, supportive services, including linkage to health care, permanent housing, and workforce
development services.
L.A. CADA's broad continuum of evidence -based care for homeless services and alcohol,
drug, and mental health disorders includes:
• 232 state -licensed residential treatment beds;
• 16 state -licensed residential beds for mental health crisis stabilization;
• 244 Recovery Bridge Housing (RBH) beds for the homeless
(including 45 beds in LGBTQ+ Affirming or exclusive programs; 32 beds co -located in the
Los Angeles Mission on Skid Row; and 71 RBH beds in the San Gabriel Valley);
• Over 500 state -certified outpatient slots;
• Jail -based treatment in Men's Central Jail
• Court -based treatment referral and navigation
(Alhambra, Pasadena, Bellflower, Downey, Long Beach, Norwalk, and East L.A. Municipal
Courts, as well as L.A.'s "Rainbow" Court, the nation's only LGBTQ+Affirming Community
Collaborative Court)
• School-based treatment in EI Rancho School District and Whittier Unified School District
We are headquartered in SPA 7 and our program facilities are located in Alhambra, Pasadena,
Altadena, Bellflower, Pico Rivera Santa Fe Springs, South Gate, Whittier, downtown Los
Angeles, East Los Angeles, Hollywood, and Long Beach — with new facilities continuously
in development.
We employ a diverse staff of over 550 multidisciplinary behavioral healthcare workers.
Agency employees include: addiction specialist M.D.s; physicians; psychiatrists; Nurse
Practitioners, RNs, and LVNs; state -licensed clinical therapists; registered SUD counselors;
navigators/case managers; as well as dedicated peer mentors with lived recovery experience,
and program support staff.
Identify and present qualifications of key team members and partners
Program Manager, Joshua Heinzman
Joshua Heinzman. Mr. Heinzman holds a Bachelor's Degree in Psychology and is a certified Substance
Use Disorder Counselor, with lived experience. He is the Supervisor of Homeless Services for L.A.
CADA, and has served as the Supervisor of the Community Engagement and Navigation Services for
Service Provider Area (SPA 7) for L.A. CADA. Mr. Heinzman has assisted L.A. CADA in the
implementation of all of our Homeless service programs and has developed strong relationships with
community partners in the process.
Program Coordinator, Syria Ramirez
Syria Ramirez has been with L.A. CADA for 3 years and currently serves as a Homeless Outreach
Navigator.
Homeless Outreach Navigator, TBD
L.A. CADA, upon notice of award, will recruit and hire a Homeless Outreach Navigator with
appropriate experience to fill this position. A Homeless Outreach Navigator will have experience
working with individuals with similar needs and will have performed similar work previously.
Resume of the principal individual(s) to contact for referral
Resumes will follow the technical proposal.
Provide a minimum of three (3) reference accounts at which similar work, both in scope and
design, has been completed by the contractor within the last five (5) years
L.A. CADA references for this project are:
1. Alhambra City Manager, Jessica
Binnquist 111 S First Street,
Alhambra, CA 91801
jbinnquistAcityofalhambra.org
Phone: 626-570-5010
2. Long Beach City Prosecutor, Doug Haubert
411 W. Ocean Blvd. 8" Floor, Long Beach, CA
90802 prosecutornlonebeach.gov
(562)570-5600
3. Nancy Chand, Deputy In -Charge, L.A. County Department of
Mental (Project LEAD)
Health 210 W. Temple Street, 19' Floor
Los Angeles, CA 90012
(213)974-2839
NRichards(a,oubdef.lacountv.gov
4. Dr. Gary Tsai, Director L.A. County Substance Abuse Prevention and
Control (SAPC) 1000 South Fremont Ave, Building A-9 East, 3rd Floor,
Alhambra, CA 91803
(626)299-4101
GTsaigph.lacounty.gov
List of accomplishments for each reference
L.A. CADA has been a part of Los Angeles County's Specialty Substance Use Disorder
Treatment System operated within the Department of Public Health since the mid 1980's. We
are a major provider of L.A. County homeless treatment beds for adults with alcohol, drug,
and mental health disorders, as well as the largest provider of Recovery Bridge Housing (RBH)
for the homeless in Los Angeles County. L.A. CADA is the L.A. County Service Planning
Area (SPA) 7 provider for Community Engagement and Navigation Services (CENS),
delivering needs assessment and service navigation for local residents, including the
homeless. All L.A. CADA programs work closely with the L.A. County Coordinated Entry
System (CES) for the homeless in the Service Planning Areas (SPAs) that L.A. CADA serves
(SPAs 3; 4; 6; 7; and 8). Our agency is a CES Access Point in SPA 7.
We deliver similar homeless outreach services for the Alhambra Homeless Outreach Mental
Evaluation Team. L.A. CADA outreach workers provide street outreach, needs assessment,
and service navigation for homeless residents of Alhambra, many of whom have behavioral
health issues. The project is part of our agency's 50 -year history in the delivery of services
addressing community homelessness and behavioral health disorders. Our agency has begun
delivery of similar services at the request of the cities of Monrovia, West Covina, Altadena,
the SGVCOG, Hawthorne, San Dimas and Glendora.
As a provider for Alhambra's HOME Team, L.A. CADA has an understanding of homeless
issues and needs in the Los Angeles area. L.A. CADA knows that homelessness rose by 3%
in SPA 7 in 2020 and that the South Bay's unsheltered population is 65% larger than Skid
Row's 33. We know that the number of homeless individuals counted in local shelters dropped
by 19% in 2021 as compared to 2020's figures. L.A. CADA understands that there are an
insufficient number of homeless beds in SPA 7. To address the immediate need, L.A. CADA
opened a 20 -bed emergency shelter in Santa Fe Springs in the summer of 2022. Beds for
homeless people are available in L.A. CADA residential treatment programs, as well as our
Recovery Bridge Housing programs.
Another similar L.A. CADA project that conducts homeless services is the Priority Access
Diversion Program in Long Beach. This project is a collaboration between the Long Beach
City Prosecutor, the Long Beach Department of Public Health, the Los Angeles Public
Defenders Office, and L.A. CADA. Our agency identifies homeless defendants at highest risk
in Long Beach. In lieu of continued criminal prosecution for violations common to the
homeless (loitering, vagrancy, trespassing, possession of controlled substances or
paraphernalia, failures to appear, etc.), L.A. CADA is asked to intervene before or at the time
of arraignment. We offer defendants whole person care with priority placement in our
treatment programs, housing, or both. As this project proceeds in its fourth full year, L.A.
CADA and the City of Long Beach are working to the greatest extent possible to deliver these
services pre -arrest or pre -indictment. All participants are homeless with multiple prior
criminal convictions. L.A. CADA's experience and expertise with homeless persons involved
in the criminal justice system is an innovative asset to Montebello's Services to Supplement
to Existine Homeless Services Program.
As noted, our agency is co -located in many Community Collaborative Courts in L.A. County
to provide referral to treatment for defendants, including those who are homeless. We are also
a part of the L.A. County LEAD Project (Law Enforcement Assisted Diversion) in East Los
Angeles -- and soon in Long Beach and Hollywood. LEAD is a community-based diversion
intervention created to improve public safety, reduce unnecessary justice system involvement,
and improve the health and stability of people who participate in the program. LEAD focuses
on providing services to people who are disproportionately in contact with law enforcement,
including homeless people. This population often has unmet behavioral health needs and they
frequently cycle in and out of jail, have multiple contacts with the legal system, and are at
high risk for recidivism. Unfortunately, these are the very people who are typically excluded
or underserved by existing programs and are disproportionately impacted by poverty, racial
disparities in policing, and arrests.
In all of these projects, L.A. CADA has a demonstrated track record for meeting contractual
budgets, scope, and schedules.
Understanding of and approach to the project
L.A. CADA understands that the City of Rosemead's Homeless Outreach & Case Management
Services project requires a comprehensive approach to addressing the complex needs of individuals
experiencing homelessness. Our experience and expertise align with the key elements of the project
scope, including our certification as a substance use and behavioral treatment provider by the State of
California Department of Healthcare Services and the County of Los Angeles Department of Public
Health - Substance Abuse Prevention and Control.
We recognize that homelessness is often linked to underlying issues such as addiction, behavioral
problems, mental illness, and trauma. To address these challenges, we have demonstrated experience
in providing client -centered, trauma -informed, and recovery -oriented services to individuals
experiencing homelessness. Our critical services span a wide continuum of care and treatment,
including outpatient, intensive outpatient, and residential programs.
We are committed to providing supportive services, such as case management, homeless outreach,
substance abuse, housing navigation, and other related counseling services, to support the qualifying
populations as defined by HOME -ARP. Our proactive approach to homeless outreach will include both
a 3 -day per week program and a 5 -day per week program. Additionally, we will provide qualified and
licensed mental health professionals to conduct American Society of Addiction Medicine (ASAM)
assessments and, if necessary, transport individuals to detox or residential treatment based on
assessment outcomes.
We will ensure that our approach to case management services is consistent with the County of Los
Angeles Coordinated Entry System (CES) and Homeless Management Information System (HMIS),
and that all outreach and information provided is maintained on a confidential basis, in accordance
with state and federal laws and regulations.
We are committed to providing the City of Rosemead with weekly reports of engagements and services
provided. Our understanding of the project's scope of work and our approach to addressing its key
elements demonstrate our commitment to effectively assisting the City of Rosemead in accomplishing
its Homeless Outreach & Case Management Services goals.
Clearly address in the RFP response how each element of the Scope of Work will be
accomplished, as well as provide a project schedule
L.A. Centers of Alcohol and Drug Abuse (L.A. CADA) is well-equipped to provide the necessary
services to assist the City of Rosemead in achieving its Homeless Outreach & Case Management
Services goals. Our team is comprised of licensed and certified substance use and behavioral treatment
providers, with a demonstrated history of successfully treating individuals with addiction, behavioral
problems, mental illness, trauma, domestic violence, and homelessness.
Our approach to this project is client -centered, trauma -informed, and recovery -oriented. We will
provide critical services across a wide continuum of care and treatment, including outpatient, intensive
outpatient, and residential programs. Our supportive services will include case management, homeless
outreach, substance abuse treatment, housing navigation, and other related counseling services as
required by HOME -ARP.
To conduct proactive homeless outreach throughout the City of Rosemead, we will provide staffing
and costing for a 3 -day per week program and a 5 -day per week program. We will also provide
qualified, licensed mental health professional staffing to conduct an American Society of Addiction
Medicine (ASAM) assessment. If necessary, individuals may be voluntarily transported to detox or
residential treatment based on assessment outcomes.
To ensure that we can accommodate the needs of the community, we will reserve a certain number of
beds for residential treatment and/or emergency transitional housing dedicated to the City of
Rosemead. We will also provide intensive case management services, including documentation and
homelessness evaluations consistent with the County of Los Angeles Coordinated Entry System (CES)
and Homeless Management Information System (HMIS).
Confidentiality is of utmost importance to us, and we will ensure that all outreach and information
provided is maintained on a confidential basis consistent with state and federal laws and regulations.
We will also provide the City with weekly reports of engagements and services provided to ensure
transparency and accountability.
Our project schedule is as follows:
Phase 1: Planning and Preparation (30 days after formal execution of agreement)
• Review RFP and gather necessary information (1 week)
• Develop project plan and timeline (I week)
• Recruit and hire necessary staff (4 weeks)
Phase 2: Implementation
• Conduct proactive homeless outreach programs (12 weeks)
• Provide ASAM assessments and transport individuals to detox or residential treatment as
necessary (12 weeks)
• Provide supportive services, such as case management and housing navigation (12 weeks)
• Provide intensive case management services consistent with CES and HMIS (12 weeks)
Phase 3: Reporting and Evaluation
• Provide weekly reports to the City (24 weeks)
• Conduct program evaluation and submit final report to the City
In conclusion, L.A. CADA is fully committed to assisting the City of Rosemead in accomplishing its
Homeless Outreach & Case Management Services goals. Our experienced team, client -centered
approach, and comprehensive project plan make us well-equipped to provide the necessary services
and achieve the desired outcomes.
Summary of Approach to be taken
L.A. CADA is committed to providing high-quality Homeless Outreach & Case Management Services
to the City of Rosemead. To accomplish the goals of the project, we will employ evidence -based
practices and a team of highly trained and experienced staff who are committed to providing client -
centered, trauma -informed, and recovery -oriented services.
To meet the requirements of the Scope of Work, L.A. CADA will provide the following services:
• Assign staff with demonstrated experience with addiction, behavioral problems, mental illness,
trauma, domestic violence, and persons experiencing homelessness.
• Provide services that are critical across a wide continuum of care and treatment, including
outpatient, intensive outpatient, and residential programs.
• Supportive services, such as case management, homeless outreach, substance abuse, housing
navigation, and other related counseling services required to support the qualifying populations
as defined by HOME -ARP.
• A 3 -day per week program and a 5 -day per week program to conduct proactive homeless
outreach throughout the City of Rosemead.
• Staff qualified, licensed mental health professional staffing to conduct an American Society of
Addiction Medicine (ASAM) assessment and, if necessary, individuals may be voluntarily
transported to detox or residential treatment based on assessment outcomes.
• Dedicate a number of beds to reserve for residential treatment and/or emergency transitional
housing dedicated to the City of Rosemead
• Intensive case management services to include documentation and homelessness evaluations,
consistent with the County of Los Angeles Coordinated Entry System (CES) and Homeless
Management Information System (HM1S).
• Confidentiality of all outreach and information provided, consistent with state and federal laws
and regulations.
• Weekly reports of engagements and services provided to the City.
L.A. CADA will work individually with the outreach participants and city staff to learn the
specific needs of the program participants and the areas of focus the city would like to prioritize.
We understand that each city in Los Angeles county that is trying to make an impact in this housing
crisis, has differing resources; as such L.A. CADA will tailor the delivery of proposed
supplemental homeless outreach and services for the needs of the City of Rosemead, working
closely with city staff and to ensure that local needs are fully met and services are not duplicative.
Additionally, L.A. CADA has developed an extensive and comprehensive list of resources available
in SPA 3 as we provide the CENS services to SPA 7. We are aware of a plethora of service providers
and resources that will be useful to the program participants and ensure the success of the program
in SPA 3.
We anticipate the need for urgent linkages to services (specialized case manager, mental health
clinician, and SUD counselor) L.A. CADA staff will work with CBOs on this program and deliver:
Housing Navigation; Case Management; Homeless PreventionlProblem-Solving. L.A. CADA
will also provide Supportive Services (referral to legal services, workforce development, etc.);
Mental Health Support; Health Support; and direct funding resources. L.A. CADA will identify
participant's existing services providers. If one does not exist, the participant will be enrolled into
either L.A. CADA's continuum of care whenever possible, or the most appropriate provider. For
participant's linked to another provider, L.A. CADA will ensure a warm handoff is completed.
Additionally, these participant's will have regular/consistent follow-ups with the outside provider
to ensure client/participants are making progress towards established housing plans and case
management goals. L.A. CADA will provide support as needed to assist in participant's achieving
these plans and goals. For those with an external provider, monthly care coordination with said
provider will be conducted. For participant's enrolled into services, housing plans and case
management goals will be established within no more than two weeks of admission. Subsequently,
all housing plans will be reviewed and re -assessed every 90 days. Participants will have weekly
case management sessions, which will include any and all required housing navigation services.
Priority will be given to medical and mental health needs.
We understand that the successful implementation of this project will require close collaboration with
the City of Rosemead and other community partners. We are committed to attending regularly
scheduled and as -needed coordination and/or staff meetings and/or performance improvement
meetings with the City and other County partners to manage Participants' issues including, but not
limited to, health, behavioral health, substance use disorder, life skills, employment/educational, or
any other issues. We will build and maintain collaborative partnerships with community organizations,
service providers, and public entities to ensure that Participants have access to a comprehensive array
of supportive services.
We have created a project schedule that outlines the timeline for accomplishing the Scope of Work.
We will work closely with the City of Rosemead to ensure that all deadlines are met and that the project
is completed on time and within budget.
Overall costs associated with the project
The cost proposal is to follow the technical proposal. L.A. CADA in the provision of Homeless
Outreach Services operates on a flat rate, not through cost reimbursement.
Indication of information and participation required from City staff
L.A. CADA has a developed working relationship with the city of Rosemead through the Regional
Homeless Services Efforts through SGVCOG. As such, L.A. CADA will continue to work closely with
City staff when necessary to ensure the success of the program. L.A. CADA will always keep an open
line of communication with the City of Rosemead and we expect to meet regularly during program
start up and implementation.
Other information that may be appropriate
L.A. CADA understands that the City of Rosemead seeks providers to deliver services to PEH in
Rosemead that fill gaps within the existing homeless services system. We know that these gaps are:
• Insufficient availability of certain types of beds and interim housing units;
• Mental health and health services;
• Easily accessible supportive services (e.g., legal services, workforce development);
• Easily accessible financial assistance; and
• Insufficient culturally -sensitive resources
Our agency is highly qualified to fill these specific gaps through our continuum of care which
includes:
• Emergency and interim shelter beds;
• a 50 -year local demonstrated track record in delivery of homeless mental health and health services;
• strong experience in service coordination for homeless people, including ancillary supportive
services (and partnerships in place with adult schools, workforce development agencies, legal
services domestic violence services, etc.)
• expertise in homeless case management that includes linkage to benefits and other financial
assistance; and
• A BIPOC-led workforce that reflects the service area demographics and is fully trained in the
delivery of culturally- and linguistically appropriate care.
L.A. CADA also understands that project services must be grounded in best practices for People
Experiencing Homelessness (PEH), including Housing First and Trauma -Informed Care. Both are
core L.A. CADA evidence -based practices (EBP) and all staff are trained in these and other EBPs
following hire.
Disclosure of any potential or existing conflicts of interest with the City of Rosemead or any
individual City Official or member of the City staff
L.A. CADA has no potential or existing conflicts of interest with the City of Rosemead or any
individual City Official or member of the City of Rosemead staff.
L.A.
. ` L.A.CADA
CADA
Los Angeles Centers for Alcohol and Drug Abuse
CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2023-07
HOMELESS OUTREACH & CASE MANAGEMENT SERVICES
Attachment: Resumes/Proposed Staff *
in response to
Request for Proposals 2023-07
* Please note that staff can be revised as per the needs of the city of Rosemead
Joshua Heinzman
(310)866-6273
4515 Saturn Street Los Angeles, CA 90019
jh9783@gmail.com
Objective To join an organization where my personal, professional, and educational
experience is utilized to the benefit of those in need of, and seeking social
services.
Skills & Abilities Servant leadership, organizational expertise, adaptable, problem solving,
critical thinking, collaborative, compassionate, dedicated, and teachable.
Certified Addiction Treatment Counselor CATC-III #143078
Experience September 2020- Current
Program Supervisor, Los Angeles Centers for Alcohol and Drug Abuse L.A. CADA
• Management and operations of five homeless outreach programs/teams,
supervision of SPA -7 CENS department, in custody START program
counselor, court navigation services, and counselor for LGBTQ+ specific
programming.
• Facilitated the launch of four homeless outreach programs/teams.
April 2018 — September 2020
Multi -Unit Store Manager, Lamps Plus
• Managed a brick and mortar location as well as the company's installation
department, oversaw sales performance, inventory, and customer service.
• Navigated the covid19 pandemic, and the store was able to re -open and
remain in business.
September 2015 — April 2018
Administrative Manager, Lowe's Home Improvement
• Managed a brick and mortar location as well as the company's installation
department, oversaw sales performance, inventory, and customer service.
• Assisted with in-store management re -structuring.
March 2014—June 2015
Primary Counselor & Case Manager, Breathe Life Healing Center
• Facilitated individual/group sessions, provided case management services,
and conducted outpatient programming for patients completing residential
treatment.
• Developed the Organization's Outpatient treatment program, as well as
family week programming/curriculum.
Education University of Massachusetts- Masters of Social Work (Intern)
2022- Current
Antioch University— Bachelors of Arts Human Services Administration
2021
SYRIA RAMIREZ
Azusa, CA 91702
626-506-4957 - ramirersyria@gmail.com
PROFESSIONAL SUMMARY
To seek and maintain full-time position that offers professional challenges utilizing
interpersonal skills, excellent time management and problem -solving skills.
SKILLS
• Family Assistance • Housing Navigation
• Community Outreach Programs • Bilingual
• Insurance Verification • Crisis intervention
• Public and Community Relations
WORK HISTORY
04/2022 to Current Homeless Outreach Navigator
LA CADA — West Covina, CA
• Took active role in client crisis intervention
• Built partnerships with related organizations to develop support and gain greater
attention for the homeless issues.
• Used critical thinking to break down problems, evaluate solutions and make
decisions.
• Community engagement with city officials and local Peace officers.
• Applied behavior analysis and cognitive behavioral therapy.
• Managed support services and fostered communication among social workers,
therapists, hospital staff and patients.
04/2021 to Current Residential Aide
LA CADA — Southgate, CA
• Reported unusual or urgent circumstances in patients' condition or environment
immediately to program director.
• Transported patients to medical appointments, court appearances, and provided
monitored support.
• Prepared test samples and obtained and recorded test data in accordance with
T""re13
• Used sample prep equipment to prepare for drug tests.
• Quickly learned new skills and applied them to daily tasks, improving efficiency
and productivity.
• Demonstrated respect, friendliness and willingness to help wherever needed.
• Performed duties in accordance with applicable standards, policies and regulatory
guidelines to promote safe working environment.
07/2020 to Current Resident Aide Driver
LA CADA — Pasadena, CA
• Remained alert to problems or health issues of clients and competently responded.
• Encouraged patients to participate in group activity to help boost mood and
improve overall wellness.
• Kept close eye on behavior and emotional responses of clients to address concerns
and protect each person from harm.
• Monitored and maintained cleanliness, sanitation, and organization of assigned
station and service areas.
• Interacted kindly with patients and families and displayed positive, outgoing
attitude, resulting in establishment of long-term, professional relationships.
• Offered support for client mental and emotional needs to enhance physical
outcomes and overall happiness.
• Scheduled and accompanied clients to medical appointments.
• Monitored and assisted residents through individual service plans.
• Administered medications to patients and remained vigilant for negative side
effects.
08/2018 to 06/2020 Assistant House Manager
PCCF Woman's Discipleship Home — Pasadena, CA
• Managed day-to-day operation of home.
• Supervised residents handling chores and provided constructive feedback.
• Assisted residents with daily living tasks.
• Managed all intake and discharge paperwork and procedures for residents.
• Maintained positive living environment .
EDUCATION
02/2015 Medical Billing Certification: Medical Assisting
Downey Adult School - Downey, CA
L.A.
CADA (cor * L.A.CADA
.*
Los Angeles Centers for Alcohol and Drug Abuse
CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2023-07
HOMELESS OUTREACH & CASE MANAGEMENT SERVICES
Attachment: Cost Proposal
in response to
Request for Proposal 2023-07
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Attachment B
Request for Proposal No. 2023-07
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that the City of Rosemead is soliciting proposals from interested and
qualified Vendors to provide Supportive Services consistent with HOME -ARP requirements.
Proposals shall be submitted in a sealed envelope marked "HOMELESS OUTREACH & CASE
MANAGEMENT SERVICES" and shall be sent to the City Clerk of the City of Rosemead, 8838 E.
Valley Blvd., Rosemead, California, 91770; or an electronic proposal shall be submitted via the
PlanetBids Vendor Portal at httos://Pbsystem.olanetbids.com/portal/54150/aortal-home.
Proposals are due no later than 30:OOAM on Thursday, April 27, 2023, at which time the names
of the proposers shall be public.
Copies of the proposal may be obtained from the City Clerk's Office, City of Rosemead,
8838 E. Valley Blvd., Rosemead, California, 91770, after the contract has been awarded. Said
specifications and proposal forms are hereby referred to and incorporated herein and made a
part by reference and all proposals must comply therewith.
The City of Rosemead reserves the right to accept in whole or part or reject any and all
proposals and to waive any informalities in the proposal process, and all proposals are binding
for a period of ninety (90) days after the proposal opening and may be retained by the City for
examination and comparison, as specified in the proposal documents. The award of this contract
shall be made by the Rosemead City Council.
CITY OF ROSEMEAD
CITY MANAGER'S OFFICE
Dated: April 3, 2023
REQUEST FOR PROPOSAL NO. 2023-07
HOMELESS OUTREACH & CASE MANAGEMENT SERVICES
City of Rosemead
City Manager's Office
8838 E. Valley Blvd.
Rosemead, CA 91770
Proposal Issue Date: April 3, 2023
Written Questions Due: April 13, 2023
Proposals Due: April 27, 2023
TABLE OF CONTENTS
3
John Guess and his wife, Harriet, arrived in the San Gabriel Valley in 1852 in an ox -drawn wagon
from Arkansas. They settled in 1855 on a 100 -acre ranch called Savannah on the site of what is
now Savannah School. Others followed, including Frank Frost and Leonard Rose. Rose purchased
500 to 700 acres to breed and train horses and called his place Rose's Meadow, which was
shortened to Rosemead and gave the city its name. Small truck farms and chicken and rabbit
ranches became popular, and the city incorporated in 1959. The quiet, pastoral lands are now
crowded with businesses, industries, shops and some 53,000 people. Once a lush green pasture
extending from the Los Angeles River east to the Pomona area, Rosemead was indeed a fine place
for early settlers to raise fruits, vegetables, grain, and feed. Today, the city boasts that its goals
include the improvement of quality of life offered in Rosemead in a business -friendly atmosphere
conducive to continued economic growth and prosperity. The city offers a desirable and
affordable community in which to live and a dynamic and expanding business sector that is an
economic growth engine for West Coast commerce.
BACKGROUND
The American Rescue Plan Act of 2021 (ARP) appropriated $5 billion to communities across the
U.S. to provide housing, services, and shelter to individuals experiencing homelessness and other
vulnerable populations. These funds were allocated by formula to jurisdictions that qualified for
funding through the HOME Investment Partnership Program (HOME Program) from the U.S.
Department of Housing and Urban Development (HUD). This special round of funding is called
the "HOME -ARP" program. The City was awarded $1,222,084 in HOME -ARP funding.
HOME -ARP funds must be used primarily to benefit individuals or families from the following
qualifying populations and defined as individuals or families who may be:
• Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302(a));
• At -risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1));
• Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking,
or human trafficking, as defined by the Secretary;
• In other populations where providing supportive services or assistance under section
212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family's homelessness or would
serve those with the greatest risk of housing instability;
Veterans and families that include a veteran family member that meets one of the preceding
criteria.
4
Proposers who are interested in working collaboratively with the City Manager's Office, the
Public Safety Department, and key staff should submit their proposals to the City Manager's
Office by 10:OOAM on Thursday, April 27, 2023. The selected consultant will work with the City
to coordinate homeless outreach and case management services for individuals at -risk of
becoming homeless or individuals currently experiencing homelessness. The following subjects
are discussed in this RFP to assist you in submitting a competitive proposal.
CONTRACT TERM AND BUDGET
The City of Rosemead is seeking to engage and contract for professional Homeless Outreach &
Case Management Services for a fee for services performed for a five (5) year period or until the
HOME -ARP funding has been expended. The initial term of this agreement shall be for three (3)
years with up to two (2) one (1) year optional renewals. The contract will provide for early
termination at the discretion of either party. Funding for this grant must be expended on eligible
activities by 2030. Funding for this program is contingent upon approval of the City's HOME -ARP
Plan by the Department of Housing of Urban Development.
SCOPE OF SERVICES/SCOPE OF WORK
For successful award, the consultant shall furnish all labor, materials, equipment, tools,
supervision, and other facilities to assist the City of Rosemead in accomplishing its Homeless
Outreach & Case Management Services goals, including but not limited to:
• Consultant shall be a licensed and certified substance use and behavioral treatment
provider by the State of California Department of Healthcare Services and the County of
Los Angeles Department of Public Health — Substance Abuse Prevention and Control.
• Consultant shall have demonstrated experience with addiction, behavioral problems,
mental illness, trauma, domestic violence, and persons experiencing homelessness.
• Consultant shall have demonstrated experience providing client centered, trauma
informed, recovery -oriented services.
• Consultant shall provide critical services across a wide continuum of care and treatment,
including outpatient, and intensive outpatient and residential programs.
• Consultant shall provide supportive services, such as case management, homeless
outreach, substance abuse, housing navigation, and other related counseling services
required to support the qualifying populations as defined by HOME -ARP.
• Consultant shall provide staffing and costing for the following services to conduct
proactive homeless outreach throughout the City of Rosemead:
o A 3 -day per week program
o A 5 -day per week program
5
• Consultant shall provide qualified, licensed mental health professional staffing to conduct
an American Society of Addiction Medicine (ASAM) assessment and, if necessary,
individuals may be voluntarily transported to detox or residential treatment based on
assessment outcomes.
• Consultants shall list the number of beds in reserve for residential treatment and/or
emergency transitional housing dedicated to the City.
• Consultant shall provide intensive case management services to include documentation
and homelessness evaluations, consistent with the County of Los Angeles Coordinated
Entry System (CES) and Homeless Management Information System (HMIS).
• Consultant shall ensure that all outreach and information provided is maintained on a
confidential basis, consistent with state and federal laws and regulations.
• Consultant shall provide the City with weekly reports of engagements and services
provided.
EVALUATION CRITERIA
A qualifying proposal must address all the following points:
1. Cover Letter
a. Project title
b. Firm name
c. Summary of key elements of the proposal
2. Firm qualifications
a. Type of organization, size, professional registration, and affiliations
b. Identify and present qualifications of key team members and partners
c. Resume of the principal individual(s) to contact for referral
d. The proposal must provide a minimum of three (3) reference accounts at which similar
work, both in scope and design, has been completed by the contractor within the last
five (5) years
e. List of accomplishments for each reference
3. Understanding of and approach to the project
4. Proposer should clearly address in the RFP response how each element of the Scope of Work
will be accomplished, as well as provide a project schedule
5. Summary of approach to be taken
6. Overall costs associated with the project
7. Indication of information and participation required from City staff
8. Other information that may be appropriate
9. Disclosure of any potential or existing conflicts of interest with the City of Rosemead or any
individual City Official or member of the City staff.
2
PROPOSAL SUBMISSION
Electronic Proposal Submittals:
Electronic proposal submittal through the City of Rosemead's Vendor Portal hosted by PlanetBids
at:.https:/Ipbsystem.pIanetbids.com/porta1/54150/r)orta[-home. Proposal submittal due date is
10:00 AM on Thursday, April 27, 2023.
It is the sole responsibility of the Bidder to see that their bid is submitted in proper time. Any
proposal received after the scheduled closing time for receipt of proposals will be returned to
the Bidder unopened. Faxed, emailed, or proposals submitted in a format other than specified
will be rejected.
To expedite the evaluation of the proposals, it is mandatory that the instructions and format
contained in this RFP be expressly followed. Any submission of proposals that does not follow
the instructions and format, and/or fails to comply with the requirements set forth in this RFP, in
the sole opinion of the City of Rosemead, may be judged non-responsive and rejected by the City
from further consideration. The City reserves the right to reject any and all proposals. The City
will not be liable for, nor pay any costs incurred by responding firms relating to the preparation
of the proposal.
CALENDAR OF EVENTS
The following is an anticipated RFP and project timeline:
ACTION:
DATES:
RFP ISSUED
APRIL 3, 2023
WRITTEN QUESTIONS DUE
APRIL 13, 2023
RESPONSES TO QUESTIONS
APRIL 19, 2023
PROPOSALS DUE
APRIL 27, 2023
POSSIBLE INTERVIEWS*
WEEK OF MAY 1, 2023
REPORT TO CITY COUNCIL
MAY 23, 2023
SELECTION OF VENDOR
The City Manager's Office will review and evaluate the proposals submitted based on each
responding firm's knowledge, experience, skills, past performance, and quality of the proposal.
In addition, the following criteria will also be used in the evaluation process:
1. Demonstrated professional skills and credentials of staff to be assigned to the services.
2. Quality of previous services.
7
3. Overall cost and fees associated with services.
4. The consultant's responsiveness to the requirements of the agreement as set forth in the
RFP.
5. A demonstrated understanding of the work plan and other proposal documents.
6. The consultant's recent experience in conducting contracts of similar scope, complexity,
and magnitude, particularly for government agencies.
7. Recent references from local clients with particular emphasis on local government.
8. Demonstration of success as well as value returned to the City.
CONTRACT AWARD
The final contract award will be subject to the approval of the Rosemead City Council. The
successful bidder will be notified as to the date and time of the City Council meeting so it may
send a representative to the meeting to present himself/herself to the Council and respond to
technical questions.
TERMS AND CONDITIONS
The following terms and conditions apply to this RFP:
1. Any submission of proposals received after the date and time specified in this RFP will not
be considered and will be returned unopened.
2. All material received relative to this RFP will become public information and be available
for inspection. The City reserves the right to retain all proposals submitted, whether the
proposal was selected or judged to be responsive.
3. Due care and diligence have been exercised in the preparation of this RFP and all
information contained herein is believed to be substantially correct; however, the
responsibility for determiningthe full extent of the services rests solely with those making
responses. Neither the City nor its representatives shall be responsible for any error or
omission in this response, nor for the failure on the part of the respondents to determine
the full extent of their exposures.
4. The RFP does not commit the City of Rosemead to award a contract. The City reserves the
right to select a vendor from the responses received; to waive any or all informalities
and/or irregularities; to re -advertise with either an identical or revised scope, to cancel
any requirement in its entirety; or to reject any or all proposals received. The City also
reserves the right to approve any subcontractors used by submitting vendors.
5. The City retains the right to contact any/all proposing vendors after submittal in order to
obtain supplemental information and/or clarification in either oral or written form.
Furthermore, an explicit provision of this RFP is that any oral communication made is not
binding on the City's proposal process.
6. The City will not be liable for, nor pay for any costs incurred by responding firms relating
to the preparation of any proposal for this RFP.
9
PROFESSIONAL SERVICES AGREEMENT
NAME OF PROJECT
(CONTRACTOR NAME)
PARTIES AND DATE.
This Agreement is made and entered into this INSERT DATE (Effective Date) by
and between the City of Rosemead, a municipal organization organized under the laws
of the State of California with its principal place of business at 8838 E. Valley Blvd.,
Rosemead, California 91770 ("City") and CONTRACTOR NAME with its principal place
of business at ADDRESS ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing TYPE OF SERVICE
to public clients, is licensed in the State of California and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render PROJECT SERVICE OR NAME
("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Tenn.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the TYPE OF SERVICE
services necessary for the City, herein referred to a "Services". The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for a INSERT TERM
YEAR year time period from Effective date with the option for up to two (2) one-year
extensions at the sole and absolute discretion of the City, unless earlier terminated as
provided herein. Consultant shall complete the Services within the term of the
Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
10
3.2.5 City's Representative. The City hereby designates the City
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative'). City's Representative shall have the power to act
on behalf of the City for all purposes under this Agreement. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant will designate to act as its
representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the
Consultant for all purposes under this Agreement. The Consultant's Representative shall
supervise and direct the Services, using his/her best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning
11
of and for the duration of this Agreement insurance coverage as specified in Exhibit B
attached to and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed INSERT COST AMOUNT per fiscal year. The City agrees to pay Consultant a fee
of INSERT COST AMOUNT WRITTEN ($INSERT NUMBERICAL COST) a month. Extra
Work may be authorized in writing, as described below, and will be compensated at the
rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods,
as appropriate, through the date of the statement. City shall, within 45 days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the
total compensation is $1,000 or more, Consultant agrees to fully comply with such
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Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall
make copies of the prevailing rates of per diem wages for each craft; classification or type
of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Consultant's principal place of business and at the project
site. Consultant shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Consultant shall be compensated only for those services which have
been adequately rendered to City, and Consultant shall be entitled to no further
compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
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CONSULTANT:
NAME
ADDRESS
Attn:
Tel:
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant
or provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
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insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all costs of such action.
3.5.6 Indemnification: To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every
provision of this Agreement.
3.5. 10 City's Right to Employ Other Consultants: City reserves right to
employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not workdays. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third -Party Beneficiaries: There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid, nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its employees
or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer
as required under state law in the performance of the Services. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of City, during the term of his
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or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an
equal opportunity employer, and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[Signatures on next page]
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CITY OF ROSEMEAD CONTRACTOR
By: By: _
City Manager Date Date
Attest:
City Clerk Date
Name:
Title:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form: By:
Date
City Attorney
Name:
Title:
EXHIBIT A
PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the World Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Contractor agrees to amend, supplement or endorse the existing
coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth
in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy must include contractual liability that has not
been amended. Any endorsement restricting standard ISO "insured contract" language will not be
accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol I (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that
$1,000,000 combined single limit per accident. If Contractor owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy described above.
If Contractor or Contractor employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident or disease.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of Agency, its officers, agents, employees and volunteers.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Contractor shall
obtain and maintain an umbrella or excess liability insurance policy with limits that will provide
bodily injury, personal injury and property damage liability coverage at least as broad as the
primary coverages set forth above, including commercial general liability, automobile liability,
and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the Contractor
and "Covered Professional Services" as designated in the policy must specifically include work
performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and
in the aggregate. The policy must "pay on behalf of the insured and must include a provision
establishing the insurer's duty to defend. The policy retroactive date shall be on or before the
effective date of this agreement.
Cyber security and privacy liability: Contractor shall procure and maintain insurance with limits
of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the
following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally
identifiable information; including but not limited to personally identifiable information
(PII), protected health information (PHI), security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering
with computer systems, including hacker or denial of service attacks.
c. Liability arising from introducing a computer virus into or otherwise causing damage to
vendor (first -parry) or customer's (third parry) computer, computer system, network, or
similarly related property and the data, software, and programs.
d. Liability arising from professional misconduct or lack of the requisite skill required for
performing services defined in the contract or agreement.
e. Costs associated with restoring, updating, or replacing data.
f Costs associated with a privacy breach, including notification costs, customer support,
forensics, crises management, public relations consulting, legal services of a privacy
attorney, credit monitoring, and identity fraud resolution services for affected
individuals.
Requirements not limiting: Requirements of specific coverage features or limits contained in this
Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not intended by any parry
or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the Agency requires and shall
be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available
to the Agency.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum
financial size VIZ
General conditions pertaining to provision of insurance coverage by Contractor. Contractor and
City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third -parry general liability coverage
required herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010. Contractor also agrees to require all
contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of subrogation
prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors
to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in
this Agreement or any other agreement relating to the City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to City
and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third parry action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Contractor shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discovery period)
that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement
to Contractor `s general liability policy, shall be delivered to City at or prior to the
execution of this Agreement. In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such certificates
to delete any exculpatory wording stating that failure of the insurer to mail written notice
of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to
be provided by Contractor or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self-insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by Contractor, provide the same
minimum insurance coverage required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contractor agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on
any portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way involved
in the performance of work on the project contemplated by this agreement to self -insure its
obligations to City. If Contractor's existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other coverage, or
other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Contractor ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the Contractor,
the City will negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any parry hereto taking any steps that can be deemed to
be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City
to inform Contractor of non-compliance with any insurance requirement in no way imposes
any additional obligations on City nor does it waive any rights hereunder in this or any
other regard.
15. Contractor will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement. This
obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that
effect.
16. Contractor shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be submitted prior
to expiration. A coverage binder or letter from Contractor's insurance agent to this effect
is acceptable. A certificate of insurance and/or additional insured endorsement as required
in these specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations
of Contractor under this agreement. Contractor expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and
agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is not intended
by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved
in any way with the project reserves the right to charge City or Contractor for the cost of
additional insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for
the cost of complying with these requirements. There shall be no recourse against City for
payment of premiums or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against Contractor
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
Attachment C
Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
HOMELESS OUTREACH AND CASE MANAGEMENT SERVICES WITH
LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE (L.A. CADA)
PARTIES AND DATE.
This Agreement is made and entered into this July 1, 2023 (Effective Date) by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead,
California 91770 ("City") and the Los Angeles Centers for Alcohol and Drug Abuse (L.A.
CADA) with its principal place of business at 12070 Telegraph Road, Suite 207, Santa Fe
Springs, CA 90670 ("Consultant'). City and Consultant are sometimes individually
referred to herein as "Party' and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Homeless Outreach
and Case Management Services to public clients, is licenced in the State of California
and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render Homeless Outreach and Case
Management Services ("Services") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the Homeless Outreach and
Case Management Services necessary for the City, herein referred to a "Services'. The
Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA)
Page 2 of 11
Services are more particularly described in Exhibit "C" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with,
this Agreement, the exhibits attached hereto and incorporated herein by reference, and
all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for a four (4) year time
period from Effective date, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of the Agreement, and shall meet any other
established shcedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or different
services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute
other personnel of at least equal competence upon written approval of City. In the event
that City and Consultant cannot agree as to the substitution of key personnel, City shall
be entitled to terminate this Agreement for cause. As discussed below, any personnel
who fail or refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA)
Page 3 of 11
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City's Representative. The City hereby designates the City
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for all purposes under this Agreement. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant will designate to act as its
representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the
Consultant for all purposes under this Agreement. The Consultant's Representative shall
supervise and direct the Services, using his/her best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services: Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff, consultants
and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees: Consultant shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant warrants that
all employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and
that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all costs
arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the indemnification
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provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.2.10 Insurance: Consultant shall maintain prior to the beginning
of and for the duration of this Agreement insurance coverage as specified in Exhibit "B"
attached to and part of this agreement.
3.2.11 Safety: Contractor shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and life saving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement and shall not
exceed One Million Two Hundred Thirteen Thousand Eight Hundred Twenty -Nine
($1,213,829) as outlined in Exhibit A. Extra Work may be authorized in writing, as
described below, and will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
statement which indicates services rendered by Consultant. The City shall compensate
Consultant for all services rendered under this Agreement according to the terms outlined
in Exhibit A. City shall, within 45 days of receiving such statement, review the statement
and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work: At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any
work which is determined by City to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without written authorization from City's Representative.
3.3.5 Prevailing Wages: Consultant is aware of the requirements of
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California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the
total compensation is $1,000 or more, Consultant agrees to fully comply with such
Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall
make copies of the prevailing rates of per diem wages for each craft; classification or type
of worker needed to execute the Services available to interested parties upon request,
and shall post copies at the Consultant's principal place of business and at the project
site. Consultant shall defend, indemnify and hold the City, its elected officials, officers,
employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection: Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of final
payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination: City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least thirty (30) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination: If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents/ Data and other information of any kind prepared by Consultant in connection
with the performance of Services under this Agreement. Consultant shall be required to
provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services: In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine appropriate, services similar to those terminated.
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3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Los Angeles Centers for Alcohol and Drug Abuse
12070 Telegraph Rd
Suite 207
Santa Fe Springs, CA 90670
Attn: Juan Navarro
Tel: (562) 777-7500
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property:
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data"). Consultant shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant
or provided to Consultant by the City. City shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
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Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the
performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees: If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all costs of such action.
3.5.6 Indemnification: To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any
such suit, action or other legal proceeding. Consultant shall reimburse City and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents or volunteers.
The City hereby agrees to, and shall hold Consultant, its officers, directors,
agents, employees, heirs successors and/or assigns harmless from and against any and
all claims, actions, suits, proceedings, costs, expenses, damages, and/or liabilities for
personal injury, including death, breach of confidentiality, and/or property damage which
may arise from the City's negligent acts, errors or omissions in the performance of this
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Agreement.
3.5.7 Entire Agreement: This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law: This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence: Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants: City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns: This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions: Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for or
against any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement. The
captions of the various articles and paragraphs are for convenience and ease of reference
only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.14 Amendment; Modification: No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver: No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries: There are no intended third party
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beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability: If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests: Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its employees
or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer
as required under state law in the performance of the Services. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment: Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination. Consultant shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification: By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement: Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts: This Agreement may be signed in counterparts, each
of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required: Consultant shall not subcontract any
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portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
CITY OF ROSEMEAD L.A. CADA
By: By:
City Manager Date Date
Attest:
City Clerk Date
Name:
Title:
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form: By:
Date
City Attorney
Name:
Title:
EXHIBIT A
PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME
Consultant shall provide professional homeless outreach and case mangamenet services
as outlined in Homeless Outreach and Case Management Proposal attached hereto as
Exhibit "C".
City shall pay consultant a total of One Million Two Hundred Thirteen Thousand Eight
Hundred Twenty -Nine ($1,213,829.00), over four (4) annual contract terms as outlined
below:
July 1, 2023—June 30, 2024: $290,137.85
July 1, 2024 — June 30, 2025: $298,841.99
July 1, 2025 — June 30, 2026: $307,807.25
July 1, 2026 — June 30, 2027: $317,041.46
Each of the above annual contract amounts ('the Annual Contract Sum") is all inclusive
and covers all labor, materials, direct and indirect costs, and expenses necessary for
Consultant to provide services under this Agreement. Moreover, the City agrees that it
shall pay compensation under this Agreement on a monthly, flat -rate basis.
This method of compensation is calculated by dividing each Annual Contract Sum by
twelve (12) months (the "Monthly Fee"). Specifically, the Monthly Fee for each contract
terms will be paid as follows:
July 1, 2023—June 30, 2024: $24,178.18
July 1, 2024 — June 30, 2025: $24,903.50
July 1, 2025 — June 30, 2026: $25,650.60
July 1, 2026 — June 30, 2027: $26,420.12
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Contractor agrees to amend, supplement or endorse the existing
coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth
in this section constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this agreement and which is
applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an
amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy must include contractual liability that has not
been amended. Any endorsement restricting standard ISO "insured contract" language will not be
accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any
Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that
$1,000,000 combined single limit per accident. If Contractor owns no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy described above.
If Contractor or Contractor employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident or disease.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of Agency, its officers, agents, employees and volunteers.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Contractor shall
obtain and maintain an umbrella or excess liability insurance policy with limits that will provide
bodily injury, personal injury and property damage liability coverage at least as broad as the
primary coverages set forth above, including commercial general liability, automobile liability,
and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
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Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against acts, errors or omissions of the Contractor
and "Covered Professional Services" as designated in the policy must specifically include work
performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and
in the aggregate. The policy must "pay on behalf of the insured and must include a provision
establishing the insurer's duty to defend. The policy retroactive date shall be on or before the
effective date of this agreement.
Requirements not limiting: Requirements of specific coverage features or limits contained in this
Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the Agency requires and shall
be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available
to the Agency.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum
financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor. Contractor and
City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third -party general liability coverage
required herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010. Contractor also agrees to require all
contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of subrogation
prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and subcontractors
to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in
this Agreement or any other agreement relating to the City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to City
and approved of in writing.
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5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Contractor shall not make any reductions in
scope of coverage (e.g. elimination of contractual liability or reduction of discovery period)
that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement
to Contractor `s general liability policy, shall be delivered to City at or prior to the
execution of this Agreement. In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to require its insurer to modify such certificates
to delete any exculpatory wording stating that failure of the insurer to mail written notice
of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to
be provided by Contractor or any subcontractor, is intended to apply first and on a primary,
noncontributing basis in relation to any other insurance or self-insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by Contractor, provide the same
minimum insurance coverage required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contractor agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on
any portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way involved
in the performance of work on the project contemplated by this agreement to self -insure its
obligations to City. If Contractor's existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other coverage, or
other solutions.
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12. The City reserves the right at any time during the term of the contract to change the amounts
and types of insurance required by giving the Contractor ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the Contractor,
the City will negotiate additional compensation proportional to the increased benefit to
City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can be deemed to
be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City
to inform Contractor of non-compliance with any insurance requirement in no way imposes
any additional obligations on City nor does it waive any rights hereunder in this or any
other regard.
15. Contractor will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement. This
obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that
effect.
16. Contractor shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall be submitted prior
to expiration. A coverage binder or letter from Contractor's insurance agent to this effect
is acceptable. A certificate of insurance and/or additional insured endorsement as required
in these specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations
of Contractor under this agreement. Contractor expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and
agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is not intended
by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
C-5
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved
in any way with the project reserves the right to charge City or Contractor for the cost of
additional insurance coverage required by this agreement. Any such provisions are to be
deleted with reference to City. It is not the intent of City to reimburse any third party for
the cost of complying with these requirements. There shall be no recourse against City for
payment of premiums or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against Contractor
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
Attachment D
HUD Approved Letter
Dated May 10, 2023
pt4EH)°e
Ben Kim, City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Mr. Kim:
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Los Angeles Field Office, Region IX
300 N. Los Angeles Street, Suite 4054
Los Angeles, CA 90012
May 10, 2023
The American Rescue Plan Act of 2021 appropriated $5 billion to provide housing, services,
and shelter to individuals experiencing homelessness and other vulnerable populations, to be allocated
by formula to jurisdictions that qualified for HOME Investment Partnerships Program allocations in
Fiscal Year 2021. On September 13, 2021, the Department published CPD Notice 21-10, titled:
Requirements for the Use of Funds in the HOME -American Rescue Plan Program (the Notice), which
you are encouraged to review to assist in developing your program. As a grantee, you are responsible
for ensuring that all grant funds are used in accordance with all program requirements.
In accordance with the Notice, and the HOME ARP Grant Agreement, as of the Federal Award
Date (see box 10 of Grant Agreement), the City of Rosemead may use up to five percent of its total
award for administrative and planning costs before HUD accepts its HOME -ARP Allocation Plan.
Therefore, your HOME -ARP Allocation Plan has been accepted by HUD, and the remaining award
will be made available.
HOME -ARP Funds (5% for administration and planning) $61,104.20
HOME -ARP Remaining Funds (95% of allocation) $1,160,979.80
Total HOME -ARP Award $1,222,084.00
HUD congratulates the City of Rosemead on its grant award, and we look forward to assisting
you in accomplishing your program's goals. If you have any questions or need further information or
assistance, please contact Nathaniel King at (213) 534-2459 or nathaniel.r.king@hud.gov.
Sincerely,
Rufus Washington
CPD Director
Office of Community Planning and
Development
www.hud.gov espanol.hud.gov