HomeMy WebLinkAbout2020-09-21 City Council Agendas (10)
City of Palo Alto (ID # 11511)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/21/2020
City of Palo Alto Page 1
Summary Title: PSN Contract Funding 2020-2025
Title: Approval of a Contract Between Project Safety Net, Inc. for Youth
Mental Health Support in the Amount of $100,000 per Year; a One-time
Transfer of $21,604 in Donations, for a Not-to-Exceed Amount of $521,604
for the Term of September 21, 2020 Through June 30, 2025; and Approval of
a Budget Amendment in the Public Services Donation Fund by a 2/3 Vote
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council approve:
1. A contract between Project Safety Net, Inc. and the City of Palo Alto for youth
mental health support in the amount of $100,000/year, as well as a one-time
transfer of $21,604 in donations that Project Safety Net received from various
sources, for a not-to-exceed amount of $521,604, for the term of September 21,
2020 through June 30, 2025; and
2. An amendment of the Fiscal Year 2021 budget appropriation for the Public
Services Donation Fund, by a 2/3 vote, by:
a. Increasing the expense appropriation for Project Safety Net by $5,404;
and
b. Decreasing the ending fund balance by $5,404.
Background
Project Safety Net (PSN) is a collaborative community network formed in response to
the tragic teen suicide clusters the Palo Alto community experienced between May 2009
and January 2010. PSN’s mission is to mobilize community support and resources in
Palo Alto for youth suicide prevention and mental wellness.
PSN is a coalition working on community education, outreach, and training; access to
quality youth mental health services; and policy advocacy. PSN’s vision is “young people
are empowered, in partnership with the whole community, to advocate for themselves
and their peers. Youth suicide is ended. Stigma is non-existent, and high-quality mental
health services are culturally relevant, accessible, and well-utilized. A community where
City of Palo Alto Page 2
youth and young adults feel safe, supported, and accepted.” The PSN Collaborative
includes mental health organizations, nonprofits, youth organizations, faith-based
organizations, individuals, Palo Alto Unified School District and City of Palo Alto staff.
Additional information on Project Safety Net background, strategic road map, and
resources can be found on their website at www.PSNPaloAlto.com.
Discussion
Beginning Fiscal Year (FY) 2021, (July 1, 2020) Project Safety Net, Inc. (PSN, Inc.)
operates as a separate entity. Project Safety Net, Inc. became registered as an
incorporated nonprofit with the State of California on April 23, 2020. The next step is to
obtain 501(c)3 tax exemption status. The application for tax exempt status is expected
to be submitted by the end of September 2020.
The City’s financial support will continue at a level of $100,000 for a period of five years
beginning in FY 2021 through June 30, 2025. PSN, Inc. will also retain office space at
Cubberley Community Center through a new month-to-month, low cost lease
agreement, and will have access to meeting space to hold partner meetings, trainings,
and community events. Transitioning to a nonprofit model will provide PSN, Inc. with a
sustainable business model that can continue to operate while reducing reliance on the
City.
PSN, Inc. will continue to provide the Palo Alto community with valuable youth mental
health support and resources for youth suicide prevention and mental wellness through
education, outreach, training, ensuring access to quality mental health services, and
advocacy. The scope of services is included Attachment A. The goals of PSN, Inc. as
described in the scope of services include:
PROGRAM GOALS
1. To maintain a well-informed and diverse representation of community partners
who will collectively work towards youth resiliency, well-being and suicide
prevention as a COLLABORATION CONVENOR.
2. To improve youth well-being by providing culturally tailored MENTAL HEALTH
AND SUICIDE PREVENTION GATEKEEPER TRAININGS to diverse
stakeholders (e.g. LGBTQ+, immigrant, underserved, transitional age youth,
disabilities).
3. To CIVICALLY ENGAGE YOUNG PEOPLE to develop a policy agenda that will
ensure a continuum of mental health care for the most vulnerable youth,
advances youth wellbeing promotion, and prevents youth suicides.
4. To establish EVALUATION & SHARED MEASUREMENT infrastructure that
measures collective impact towards achieving common agenda and coalition’s
effectiveness.
City of Palo Alto Page 3
Timeline
Services shall commence on September 21, 2020 and continue through June 30, 2025.
Semiannual progress reports shall be completed and submitted to the City on the
fifteenth day after each six-month period.
Resource Impact
The FY 2021 contract amount of $100,000 is budgeted within the Community Services
Department as part of the FY 2021 Operating Budget. Funding for future fiscal years is
subject to City Council approval through the annual budget process.
Prior to Project Safety Net’s transition to a separate entity on July 1, 2020, the
collaborative was housed under the Community Services Department and was managed
by City staff. During their time as a City entity, PSN received donation funds from
various sources and spent those donations on the program. As of July 1, 2020, there is
$21,604 in remaining unspent donated funding. Staff recommends including the
remaining $21,604 as a one-time payment in FY 2021, in addition to the annual
$100,000 payment. With this payment of all remaining donated funds to PSN, staff
recommends eliminating all budgeted expenses and revenues in the Public Services
Donation Fund for PSN, as all future donations can be collected by PSN, Inc. and future
annual City support will be budgeted in the Community Services Department of the
General Fund.
Policy Implications
The 2030 Comprehensive Plan includes policies related to access to mental health
programs, including:
Policy C-5.2 Promote access to programs that enhance and increase the
physical and mental health, well-being, recreation, safety and cultural
opportunities of all residents and visitors.
Policy C-5.5 Encourage the continuation and development of mental health
programs that center on education, depression, isolation, stress, suicide
prevention and intervention strategies.
Stakeholder Engagement
PSN, Inc.’s Board of Directors is meeting regularly to discuss and deliberate on Board
Officer positions, finalizing by-laws, developing a year-one operating budget,
fundraising, and developing financial systems. Communication to partner agencies and
organizations is at the core of this work.
Environmental Review
This action is not considered a Project under the California Environmental Quality Act
(CEQA).
Attachments:
City of Palo Alto Page 4
• Attachment A: C21180082 Project Safety Net
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CITY OF PALO ALTO CONTRACT NO. C21180082
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND PROJECT SAFETY NET INC. FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 21st day of September, 2020, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PROJECT SAFETY NET INC, a non-profit organization, located at 4000 Middlefield Road, Bldg. T2, Palo Alto, CA 94303 ("CONSULTANT").
RECITALS The following recitals are a substantive portion of this Agreement.
A. CITY intends to provide youth and teens mental wellness support (“Project”) and desires
to engage a consultant to provide services in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in
this Agreement, the parties agree:
AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 30, 2025
unless terminated earlier pursuant to Section 19 of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made
a part of this Agreement. Any Services for which times for performance are not specified in this
Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”), and
reimbursable expenses, shall not exceed One Hundred Thousand Dollars per fiscal year ($100,000.00/year), for a not-to-exceed amount of Five Hundred Thousand Dollars ($500,000.00) during the term of this Agreement. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In addition, City shall make a one-time
transfer of Twenty One Thousand Six Hundred Four Dollars ($21,604.00) in donations previously
received by the City for Project Safety Net to CONSULTANT. The total amount of this Agreement shall not exceed Five Hundred Twenty One Thousand Six Hundred Four Dollars ($521,604.00). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the
CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit annual invoices to the CITY describing the services performed and the applicable charges as described in
Exhibit B (“SCHEDULE OF PERFORMANCE”) to this Agreement.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience to
perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections of
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such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make
recommendations to CITY for aligning the PROJECT design with the budget, incorporate CITY
approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign
or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City Manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Mary Gloner to have supervisory responsibility for the performance, progress, and execution of the Services and to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause
the substitution of the project director, project coordinator, or any other key personnel for any
reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate
or timely completion of the Project or a threat to the safety of persons or property.
CITY’s project manager is Kristen O’Kane, Community Services Department, 1305 Middlefield, Palo Alto, CA 94301, Telephone: (650) 463-4908. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may
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designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by
the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement. SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance
or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE.
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18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit
"D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY
as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrent-
ly with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or
modification. If the insurer cancels or modifies the insurance and provides less than thirty (30)
days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term
of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY.
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19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement. SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act.
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SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person due to that person’s race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the
penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department, incorporated
by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall comply with the following
zero waste requirements:
(a) All printed materials provided by CCONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise
approved by CITY’s Project Manager. Any submitted materials printed by a
professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not
being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060. SECTION 25. NON-APPROPRIATION 25.1. This Agreement is subject to the fiscal provisions of the Charter of the City
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of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following
fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for
a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS 26.1 This Project is not subject to prevailing wages. CONSULTANT is not required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not include
a public works construction project of more than $25,000, or the contract does not include a public works alteration, demolition, repair, or maintenance (collectively, ‘improvement’) project of more than $15,000.
SECTION 27. MISCELLANEOUS PROVISIONS. 27.1. This Agreement will be governed by the laws of the State of California.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 27.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
27.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants
of the parties. 27.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
27.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will
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be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall control. 27.9 If, pursuant to this Agreement with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct
marketing purposes without City’s express written consent.
27.10 [Reserved]
27.11 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27.12 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement.
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CONTRACT No. C21180082 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________ City Attorney or designee
PROJECT SAFETY NET INC.
By:
Name:
Title: Executive Director
Attachments: EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION EXHIBIT “D”: INSURANCE REQUIREMENTS
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Mary Cheryl B. Gloner
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EXHIBIT “A” SCOPE OF SERVICES
I. PROGRAM SERVICES
CONSULTANT shall provide services to youth and teens through mental health support and
suicide prevention services. Project Safety Net (PSN) provides resources and support for
youth suicide prevention and mental wellness through education, outreach, training, quality
mental health services, and advocacy.
II. PROGRAM GOALS
1. To maintain a well-informed and diverse representation of community partners who will
collectively work towards youth resiliency, well-being and suicide prevention as a
COLLABORATION CONVENOR.
2. To improve youth well-being by providing culturally tailored MENTAL HEALTH AND
SUICIDE PREVENTION GATEKEEPER TRAININGS to diverse stakeholders (e.g. LGBTQ+,
immigrant, underserved, transitional age youth, disabilities).
3. To CIVICALLY ENGAGE YOUNG PEOPLE to develop a policy agenda that will ensure a
continuum of mental health care for the most vulnerable youth, advances youth
wellbeing promotion, and prevents youth suicides.
III. PROGRAM OBJECTIVES
For Goal #1 – COLLABORATION CONVENOR
1. Convene quarterly community meetings reaching a total of 120 community partners to
engage in conversation, share information, cultivate relationships, build skills, network,
respond to community occurrences, and advance action plans.
Outcome Measures:
- 50% of participants report that will collaborate with other meeting participants to
advance youth wellbeing and suicide prevention.
- 80% of participants report will apply what experienced at community meetings into
their work, studies, or personal life.
For Goal #2 – MENTAL HEALTH AND SUICIDE PREVENTION GATEKEEPER TRAININGS
1. Lead a minimum of two mental health first aid certification trainings reaching 50
participants.
Outcome Measure:
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- 95% of participants successfully complete certification training.
- 70% as participants self-report increase knowledge to recognize the signs of mental
health/substance use challenges, crisis (particularly suicide), and to seek assistance.
For Goal #3 – CIVICALLY ENGAGE YOUNG PEOPLE
1. Convene a coalition of at least twelve youth representing local organizations, teen
groups, and community at large to shape Project Safety Net’s youth mental health and
suicide prevention policy agenda.
2. Support youth coalition to plan and host a youth mental health and suicide prevention
policy forum for the community with a minimum of 50 members in attendance.
Outcome Measures:
- 75% of youth coalition members will self-report they increased their skills in
- 80% of policy forum attendees report will identify at least one policy action they will
commit to take within the next three months of forum.
IV. METHODS
1. Serve as a central point and repository for youth mental health and suicide prevention
resources, services, programs, and partners (in person and virtually).
2. Integrate youth engagement at all levels of collaborative (governance, workgroups,
partners, community meetings)
3. Cultivate and broaden PSN membership to advance collective impact of PSN’s mission.
4. Transition Leadership Team body into a Partners Council to respond to community
priorities and advance PSN’s mission through coordination of strategic roadmap.
5. Involve youth in education, training, and outreach programming, which includes
trainings, speaker events, community conversations, youth connections, and services.
6. Coordinate, implement, and evaluate trainings in collaboration with schools/districts,
youth serving organizations (especially those that employ young professionals), the faith
community, and County of Santa Clara County Behavioral Health Department.
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7. Inform community members, including young people, of current youth mental health
and suicide prevention policies; provide opportunities to shape policies; educate on
advocacy skills, and mobilize to educate policymakers.
8. Partner with academic institutions to evaluate program’s process, impact, and
outcomes.
V. DELIVERABLES
1. Consultant shall provide semi-annual activity reports relating to this Scope of Services
for the periods ending December 31, 2020; June 30, 2021; December 31, 2021; June 30,
2022; December 31, 2022; June 30, 2023; December 31, 2023; June 30, 2024; December
31, 2024; June 30, 2025; within fifteen days after these dates.
2. Each report shall cover the preceding six months and such other information as the
Program Manager may request. The final report shall focus on the preceding six months
but shall also provide information on contract services for the entire year. The
additional summary report shall cover the period for the entire contract period up to
the date prior to submission. Each report shall be prepared in the form agreed upon by
the Program Manager and the Consultant.
VI. TIME SCHEDULE
• Services shall commence on September 21, 2020 and continue through June 30, 2025.
• Semiannual progress reports shall be completed and submitted to the City on the
fifteenth day after each six-month period.
VII. REQUIREMENTS
• The City of Palo Alto requires mention of its name in all materials that acknowledge
donors in any public announcements or publicity regarding funded programs.
• CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990.
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EXHIBIT “B” SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services within the terms of this Agreement and as detailed in Exhibit A. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
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EXHIBIT “C” COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in Exhibit A, Scope of Services. Compensation shall not exceed the budget amount set forth below.
The first annual payment and transfer of existing donations shall be submitted to CONSULTANT
within 45 days of execution of this Agreement. For subsequent years, CONSULTANT shall issue an annual invoice to City together with its submission of the semi-annual report for the period ending June 30th of each year. City shall pay the invoice within 45 days of the City’s Project Manager’s approval for completeness of the semi-annual report.
Total Annual Basic Services $100,000 per fiscal year Additional Services (Not to Exceed) $0.00
Transfer of Existing Donations $21,604 (one time) Maximum Total Compensation: $521,604 REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: none.
All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $0 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for
such services. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement.
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EXHIBIT “D” INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES YES
WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
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NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
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Certificate Of Completion
Envelope Id: 87C5448D046648F6837FA2EDF46EE391 Status: Completed
Subject: Please DocuSign: C21180082 Project Safety Net - final08272020.pdf
Source Envelope:
Document Pages: 17 Signatures: 1 Envelope Originator:
Certificate Pages: 2 Initials: 0 Terry Loo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Terry.Loo@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
8/27/2020 12:59:19 PM
Holder: Terry Loo
Terry.Loo@CityofPaloAlto.org
Location: DocuSign
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Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
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Mary Cheryl B. Gloner
psnexecutivedirector@gmail.com
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Using IP Address: 98.248.53.171
Sent: 8/27/2020 1:01:52 PM
Viewed: 8/27/2020 1:06:01 PM
Signed: 8/27/2020 1:06:38 PM
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Erin Perez
Erin.Perez@CityofPaloAlto.org
City of Palo Alto
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Sent: 8/27/2020 1:06:40 PM
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Kristen O’Kane
Kristen.O'Kane@CityofPaloAlto.org
Assistant Director Community Services
City of Palo Alto
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(None)
Sent: 8/27/2020 1:06:41 PM
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