HomeMy WebLinkAboutStaff Report 2303-11791
9
2
2
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: April 3, 2023
Report #:2303-1179
TITLE
Acceptance of $2,000,000 from the Consolidated Appropriation Act, 2022, Awarded by the
Department of Health and Human Services Substance Abuse and Mental Health Services
Administration (SAMHSA) for Assistance Related to North County TRUST (Trusted Response
Urgent Support Team), an Alternative Response Pilot Program; Approval of a Contract with
Momentum for Health for Assistance Related to North County TRUST with a Total Contract
Amount Not to Exceed $1,931,706; and Approval of the Related Budget Amendment in the
General Fund. CEQA status – not a project.
RECOMMENDATION
Staff recommends that Council:
1. Authorize the City Manager or their designee to accept $2,000,000 from the
Consolidated Appropriation Act, 2022, awarded by the Department of Health and
Human Services Substance Abuse and Mental Health Services Administration for
assistance related to North County TRUST (Trusted Response Urgent Support Team), an
alternative mental health response pilot program; and
2. Approve and authorize the City Manager or their designee to execute a contract with
Momentum for Health for assistance related to North County TRUST with a total
contract amount not to exceed $1,931,706; and
3. Amend the Fiscal Year 2023 Budget Appropriation for the General Fund (requires 2/3
approval) by:
a. Increasing the General Fund Non-Departmental revenue estimate for Revenue
from Other Agencies for Consolidated Appropriation Act funding by $2,000,000;
and
b. Increasing the Non-Departmental contract services appropriation by $2,000,000.
1
9
2
2
BACKGROUND
In the wake of national conversations on policing, the City launched its Race and Equity
framework which included many action items related to citywide diversity, equity, and inclusion
as well as specific changes within the Police Department. At the time in 2020, the City was
waiting to receive a clinician assigned from Santa Clara County to Palo Alto for the Psychiatric
Emergency Response Team (PERT) program. While the Police Department continued to actively
work with the County to get a PERT clinician assigned to Palo Alto, the City Council expressed a
strong desire to see that program up and running as well as to see additional investments in
alternative response programs to divert lower acuity calls from law enforcement to mental
health professionals or those with lived experience. A program in Oregon, known as CAHOOTS
(Crisis Assistance Helping Out on the Streets)1, was generally seen as the best practice model
for this work. Staff researched options related to alternative response programs for Palo Alto.
On July 16, 2021, Representative Anna Eshoo announced she was successful in securing $5
million for local projects in Palo Alto, including $2 million for the mental health alternative
response pilot program.2 The City then applied to the related Notice of Funding Opportunity
when it became available and received notice of award in September 2022. The City's original
request mirrored the CAHOOTS model of alternative mental health response involving a call
center and outreach team in partnership with the cities of Mountain View and Los Altos. At that
time there was no mental health alternative response program dedicated to north Santa Clara
County. In its application, the City proposed a pilot program that would proactively help
individuals in crisis for mental health, homelessness, teen wellness/stress and similar “lower
tier” quality of life calls for service. While requesting this Federal funding, the City also
advocated to Santa Clara County for inclusion of a north Santa Clara County location for their
new CAHOOTS-like program that was being developed and reviewed at that time.
ANALYSIS
In November 2022, Santa Clara County launched that program, an alternative response
program called TRUST (Trusted Response Urgent Response Team), serving three locations: San
José, Gilroy, and North County. The North County location is operated by Momentum for
Health and is based in Palo Alto. The County program is authorized for up to five years3 and
consists of a call center team and three location-based, onsite field teams. Each field team
includes a mental health worker, a first aid provider, and a specially trained community resident
with first-hand experience with mental health challenges. TRUST serves as an alternative to law
1 https://www.eugene-or.gov/4508/CAHOOTS
2 July 16, 2021, U.S. Rep. Eshoo, press release. https://eshoo.house.gov/media/press-releases/rep-eshoo-secures-
funding-local-projects-expand-education-mitigate-traffic-
and?utm_source=Coronavirus+Updates&utm_campaign=bf8b72539a-
EMAIL_CAMPAIGN_2021_07_22_11_39&utm_medium=email&utm_term=0_d8eda03e5f-bf8b72539a- ; August 8,
2021, Council Info Report. https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2021/id-13474.pdf
3 The contract duration is four years but is authorized for one annual renewal.
1
9
2
2
enforcement response. It is focused on responding to individuals in crisis, providing follow-up
and referrals, as needed, and de-escalating high stress situations. This program is in addition to
the City’s PERT and the County’s Mobile Crisis Response Teams (MCRT) programs which are
intended to handle higher acuity calls for service than TRUST.
The City pilot program will augment North County TRUST. It will provide outreach and engage
with the community to inform and educate about the new alternative response services,
provide needed ongoing support to individuals in crisis, and train 1,040 individuals in mental
health first aid to make referrals to behavioral health services and alternative response
program/community mobile response. Ongoing support activities will include necessary follow-
up after initial interactions, case management, and assistance in system navigation. There will
also be a third-party evaluation of this work and whether it is meeting City, North County, and
federal goals. Staff will return to Council after a procurement process for an evaluator.
A team of eight community outreach workers will conduct community outreach and
engagement activities in the cities of Palo Alto, Mountain View, and Los Altos. The purpose of
the outreach is to inform and educate residents and businesses about North County TRUST.
These workers will also engage with local community-based providers to let them know about
the new services and how to access these so they can in turn share the information with their
constituencies. Additionally, two case managers will support people who have had a field visit
from North County TRUST, to provide follow-up and assistance in engaging and linking to
needed services. Case managers will act as system navigators and assist clients with various
needs (e.g., healthcare, housing, education, etc.). In addition, certified Mental Health First Aid
(MHFA) instructors will train individuals in MHFA who will then make referrals to behavioral
health services, including TRUST. The trainings will include a variety of modules that address
specific populations (e.g., youth, adult, older adult, veteran, fire, emergency medical services)
and will be provided to school personnel, social service providers, families, and the community
at large.
Procurement Process
Palo Alto Municipal Code (PAMC) section 2.30.360(k) authorizes the City to rely on another
public agency’s contract terms in lieu of conducting a competitive solicitation if the other
agency’s process and terms are consistent with the City’s. Santa Clara County conducted an
extensive procurement process to identify a provider for their alternative response program.
The process included a request for proposals, approval by the Local Mental Health Board, a 30-
day public comment period, and Board of Supervisors approval. Both the solicitation and
contract was reviewed with the City’s Procurement Officer. Due to grant award time constraints
and the labor market for mental health assistance and support, utilizing the County’s contract
results in the best overall value compared to the City performing its own solicitation. The
County’s contract-covered services include: responding to in-person behavioral health-related
crisis calls, performing needs assessments, providing behavioral health stabilization and
resolution onsite and/or transporting clients to other resources for further assistance, following
1
9
2
2
up with clients to provide linkage and referrals to prevent future crisis, and community
engagement and outreach to raise program trust and awareness in the community.
As mentioned earlier, in addition to the $1,931,706 contract with Momentum for Health, staff
anticipates a separate procurement process and resulting $68,294 contract for evaluation of
the program.
Time Constraints
It took time to develop a program that met federal scope requirements yet was not duplicative
of the County program. The resulting contract with Momentum for Health is for 10 months.
The federal money must be spent within 12 months of award (i.e., September 2023). There is
the possibility of up to a three-month extension. If Council accepts the grant, approves the
contract, and approves the budget change request now, this would mean, at best, a ten-month
program length. There is difficulty industry-wide hiring and retaining mental health workers.
Given this context, staff has structured the contract to set a floor for a minimum level of service
but left room for additional service provision should need arise.
In addition, staff is exploring the feasibility of if the earmark scope could be updated to use
these funds to fund a clinician for the City's PERT program. With the focus on non-law
enforcement alternative response programs through the earmark, using the funds for the PERT
clinician directly linked to a law enforcement officer will likely not be approved by the funding
agency in addition to the timing impacts that arise through a scope change for this one-year
funding.
FISCAL/RESOURCE IMPACT
This net neutral action will increase the General Fund Non-Departmental revenue and
expenditure appropriations each by $2,000,000 in recognition of an awarded grant. The federal
award is a new, one-time funding source for one year. Other resource impacts include ten
percent of an existing staff person’s effort to manage compliance with SAMHSA guidelines and
reporting, including successful implementation of the project’s goals and objectives. This effort
is assigned to an Assistant to the City Manager and represents approximately 0.10 full time
equivalent (FTE) level of effort.
STAKEHOLDER ENGAGEMENT
To develop a City program and understand the County program, City staff met regularly with
Los Altos, and Mountain View, and County representatives. City staff also have attended
monthly TRUST Community Advisory Board meetings consisting of TRUST staff, County staff,
community members with lived experience, service providers, and representatives from cities.
The monthly meeting is a working meeting to share data, discuss lessons learned, and improve
service delivery.
1
9
2
2
ENVIRONMENTAL REVIEW
Council acceptance of funding, approval of the contract, and amendment of the budget does
not constitute a ”project” under the California Environmental Protection Act (CEQA).
ATTACHMENTS
Attachment A: Notice of Award
Attachment B: Detailed Budget
Attachment C: Professional Services Agreement & Exhibits
APPROVED BY:
Ed Shikada, City Manager
Page 1 of 6
Version: 199 - 7/15/2022 6:05 PM | Generated on: 3/16/2023 12:11 AM
Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
Center for Flex Grants
Notice of Award
FAIN# H79FG000738
Federal Award Date
03/16/2023
Recipient Information
1. Recipient Name
CITY OF PALO ALTO
250 HAMILTON AVE
PALO ALTO, 94301
2. Congressional District of Recipient
18
3. Payment System Identifier (ID)
1946000389A1
4. Employer Identification Number (EIN)
946000389
5. Data Universal Numbering System (DUNS)
050520782
6. Recipient’s Unique Entity Identifier
W1ZRG61RG5V7
7. Project Director or Principal Investigator
Melissa McDonough
melissa.mcdonough@cityofpaloalto.org
650-3292533
8. Authorized Official
Chantal Gaines
chantal.gaines@cityofpaloalto.org
650-329-2572
Federal Agency Information
9. Awarding Agency Contact Information
Andrew Payne
Grants Management Specialist
Center for Flex Grants
Andrew.Payne@samhsa.hhs.gov
(240) 276-1238
10. Program Official Contact Information
Bethaney Myers
Center for Flex Grants
bethaney.myers@samhsa.hhs.gov
240-276-1579
Federal Award Information
11. Award Number
6H79FG000738-01M005
12. Unique Federal Award Identification Number (FAIN)
H79FG000738
13. Statutory Authority
Consolidated Appropriation Act, 2022 [P.L. 117-103]
14. Federal Award Project Title
Assistance related to an Alternative Response Pilot Program which would proactively
help individuals in crisis for mental health, homelessness, teen wellness/stress, and
similar calls for service.
15. Assistance Listing Number
93.493
16. Assistance Listing Program Title
Community Funded Projects
17. Award Action Type
Amendment
18. Is the Award R&D?
No
Summary Federal Award Financial Information
19. Budget Period Start Date 09/30/2022 – End Date 09/29/2023
20. Total Amount of Federal Funds Obligated by this Action $0
20a. Direct Cost Amount $158,545
20b. Indirect Cost Amount $-158,545
21. Authorized Carryover $0
22. Offset $0
23. Total Amount of Federal Funds Obligated this budget period $2,000,000
24. Total Approved Cost Sharing or Matching, where applicable $0
25. Total Federal and Non-Federal Approved this Budget Period $2,000,000
---------------------------------------------------------------------------------------------------------
26. Project Period Start Date 09/30/2022 – End Date 09/29/2023
27. Total Amount of the Federal Award including Approved Cost
Sharing or Matching this Project Period
$2,000,000
28. Authorized Treatment of Program Income
Additional Costs
29. Grants Management Officer - Signature
Andrew Payne
30. Remarks
Page 2 of 6
Version: 199 - 7/15/2022 6:05 PM | Generated on: 3/16/2023 12:11 AM
Acceptance of this award, including the "Terms and Conditions," is acknowledged by the recipient when funds are drawn down or otherwise
requested from the grant payment system.
Page 3 of 6
Version: 199 - 7/15/2022 6:05 PM | Generated on: 3/16/2023 12:11 AM
Notice of Award
FY 2022 Congressional Directive Spending Projects Issue Date: 03/16/2023
Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
Center for Flex Grants
Award Number: 6H79FG000738-01M005
FAIN: H79FG000738
Program Director: Melissa McDonough
Project Title: Assistance related to an Alternative Response Pilot Program which would proactively help
individuals in crisis for mental health, homelessness, teen wellness/stress, and similar calls for service.
Organization Name: CITY OF PALO ALTO
Authorized Official: Chantal Gaines
Authorized Official e-mail address: chantal.gaines@cityofpaloalto.org
Budget Period: 09/30/2022 – 09/29/2023
Project Period: 09/30/2022 – 09/29/2023
Dear Grantee:
The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of
$0 (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to CITY OF PALO ALTO
in support of the above referenced project. This award is pursuant to the authority of Consolidated
Appropriation Act, 2022 [P.L. 117-103] and is subject to the requirements of this statute and regulation
and of other referenced, incorporated or attached terms and conditions.
This award addresses the following Amendment requests:
Budget Revision (6H79FG000738-01L001)
Award recipients may access the SAMHSA website at www.samhsa.gov (click on “Grants” then SAMHSA
Grants Management), which provides information relating to the Division of Payment Management
System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your
grant number for reference.
Acceptance of this award including the “Terms and Conditions” is acknowledged by the grantee when
funds are drawn down or otherwise obtained from the grant payment system.
If you have any questions about this award, please contact your Grants Management Specialist and your
Government Project Officer listed in your terms and conditions.
Sincerely yours,
Andrew Payne
Grants Management Officer
Division of Grants Management
See additional information below
Page 4 of 6
Version: 199 - 7/15/2022 6:05 PM | Generated on: 3/16/2023 12:11 AM
SECTION I – AWARD DATA – 6H79FG000738-01M005
Award Calculation (U.S. Dollars)
Personnel(non-research)$0
Fringe Benefits $0
Equipment $0
Contractual $2,000,000
Other $0
Direct Cost $2,000,000
Approved Budget $2,000,000
Federal Share $2,000,000
Cumulative Prior Awards for this Budget Period $2,000,000
AMOUNT OF THIS ACTION (FEDERAL SHARE)$0
SUMMARY TOTALS FOR ALL YEARS
YR AMOUNT
1 $2,000,000
Note: Recommended future year total cost support, subject to the availability of funds and satisfactory
progress of the project.
Fiscal Information:
CFDA Number:93.493
EIN:1946000389A1
Document Number:22FG00738E
Fiscal Year:2022
IC CAN Amount
FG C96CF01 $0
IC CAN 2022
FG C96CF01 $0
FG Administrative Data:
PCC: CDS-CMHS / OC: 4145
SECTION II – PAYMENT/HOTLINE INFORMATION – 6H79FG000738-01M005
Payments under this award will be made available through the HHS Payment Management System (PMS).
PMS is a centralized grants payment and cash management system, operated by the HHS Program
Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be
directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk
Support – Telephone Number: 1-877-614-5533.
The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste,
or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800-
447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services,
Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201.
SECTION III – TERMS AND CONDITIONS – 6H79FG000738-01M005
Page 5 of 6
Version: 199 - 7/15/2022 6:05 PM | Generated on: 3/16/2023 12:11 AM
This award is based on the application submitted to, and as approved by, SAMHSA on the above-title
project and is subject to the terms and conditions incorporated either directly or by reference in the
following:
a. The grant program legislation and program regulation cited in this Notice of Award.
b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those
restrictions are pertinent to the award.
c. 45 CFR Part 75 as applicable.
d. The HHS Grants Policy Statement.
e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW.
Treatment of Program Income:
Use of program income – Additive: Recipients will add program income to funds committed to the project
to further eligible project objectives. Sub-recipients that are for-profit commercial organizations under
the same award must use the deductive alternative and reduce their subaward by the amount of program
income earned.
In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR
Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement
contracts with cumulative total value greater than $10,000,000 must report and maintain information in
the System for Award Management (SAM) about civil, criminal, and administrative proceedings in
connection with the award or performance of a Federal award that reached final disposition within the
most recent five-year period. The recipient must also make semiannual disclosures regarding such
proceedings. Proceedings information will be made publicly available in the designated integrity and
performance system (currently the Federal Awardee Performance and Integrity Information System
(FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75.
SECTION IV – FG SPECIAL TERMS AND CONDITIONS – 6H79FG000738-01M005
REMARKS
Post Award Amendment - Revised Budget
This award reflects approval of the revised budget submitted on March 06, 2023 in response to
the Request for Additional Materials (RAM).
This is a post-award amendment; therefore, this NoA reflects the current budget year only.
STANDARD TERMS OF AWARD:
All previous terms and conditions remain in effect until specifically approved and removed by
the Grants Management Officer.
Page 6 of 6
Version: 199 - 7/15/2022 6:05 PM | Generated on: 3/16/2023 12:11 AM
Staff Contacts:
Bethaney Myers, Program Official
Phone: 240-276-1579 Email: bethaney.myers@samhsa.hhs.gov
Andrew Payne, Grants Specialist
Phone: (240) 276-1238 Email: Andrew.Payne@samhsa.hhs.gov Fax: (240) 276-1430
SAMHSA Detailed Budget and Narrative Justification
Page 1 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Applicant/Recipient Application/Award Number
City of Palo Alto H79FG000738
Project Title:Mental Health Alternative Response Program
Start Date End Date Budget Year
Budget Period:09/30/2022 09/29/2023 1
For Multi-Year Funded (MYF) awards only
(not applicable to new applications for funding)
Check the box to select the Incremental Period
COST SHARING AND MATCHING
YES NOMatching Required:
A. Personnel
Line
Item
#
Position Name
Key
Position
per the
NOFO
Check
if
Hourly
Rate
Calculation
Hourly
Rate Hours # of
Staff
Annual
Salary
% Level
of Effort
(LOE)
Personnel
Cost
FEDERAL
REQUEST
1 $0 $0
TOTAL $0 $0
Line
Item
#
Personnel Narrative:
1
Salary # of Staff LOE Personnel Cost $0
Show In-Kind Personnel Table
In-Kind Personnel
Line
Item
#
Position Name
Key
Position
per the
FOA
Check
if
Hourly
Rate
Hourly
Rate Hours # of
Staff
Annual
Salary
% Level
of Effort
(LOE)
1 Project director Melissa McDonough 1 $157,185 10.00%
Line
Item
#In-Kind Personnel Narrative:
1
Project director Melissa McDonough Key Personnel Salary $157,185 # of Staff 1 LOE 10.00% Personnel Cost $15,718
B. Fringe Benefits
Our organization's fringe benefits consist of the components shown below:
Fringe Component Rate (%)
SAMHSA Detailed Budget and Narrative Justification
Page 2 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Total Fringe Rate
Fringe Benefits Cost
Line
Item
#
Position Name
Calculation
Personnel
Cost
Total
Fringe
Rate (%)
Fixed / Lump
Sum Fringe
(if any)
Fringe
Benefits
Cost
FEDERAL
REQUEST
1 $0 $0 $0
TOTAL $0 $0
Fringe Benefits Narrative:
C. Travel
Trip
#Purpose Destination
Calculation
Item
Cost /
Rate per
Item
Basis
Quantity
per
Person
Number
of
Persons
Travel
Cost
FEDERAL
REQUEST
1
$0
$0
TOTAL $0 $0
Trip
#Travel Narrative:
1
Travel Cost $0
D. Equipment
Line
Item
#
Item
Check
if Item
is a
Vehicle
Calculation
Quantity
Purchase or
Rental/Lease
Cost
Percent
Charged to the
Project
Equipment
Cost
FEDERAL
REQUEST
1 $0 $0
TOTAL $0 $0
Line
Item
#
Equipment Narrative:
1
Quantity Purchase or Rental/Lease Cost % Charged to the Project Equipment Cost $0
E. Supplies
Line
Item
#
Item
Calculation
Unit Cost Basis Quantity Duration Supplies Cost
FEDERAL
REQUEST
SAMHSA Detailed Budget and Narrative Justification
Page 3 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Line
Item
#
Item
Calculation
Unit Cost Basis Quantity Duration Supplies Cost
FEDERAL
REQUEST
1 $0 $0
TOTAL $0 $0
Line
Item
#Supplies Narrative:
1
Unit Cost Basis Quantity Duration Supplies Cost $0
F. Contractual
Summary of Contractual Costs
Agree-
ment #Name of Organization or Consultant Type of Agreement Contractual
Cost
FEDERAL
REQUEST
1 Momentum for Health Subaward $1,931,706 $1,931,706
2 To be determined Subaward $68,294 $68,294
TOTAL $2,000,000 $2,000,000
Contractual Details for Momentum for Health
Agree-
ment #Services and Deliverables Provided
1
Momentum for Health will deploy a team of eight (8) promotores/as or community outreach workers who will deliver
community outreach and engagement activities in the cities of Palo Alto, Mountain View and Los Altos. The purpose of the
outreach is to inform and educate the residents and businesses of the new alternative response team, the TRUST
program. Promotores/as will also engage with local community-based providers to let them know about the new services
and how to access these so they can in turn share the information with their constituencies. It is expected that during the
year, each promotor/a will engage in two community contacts per day each week for a combined total of 5,760 contacts
(2 contacts per day x 8 promotores/as x 48 week = 5,760). The 48 weeks account for major holidays, staff vacation and
sick days.
Two 2.0 FTE case managers will support individuals who have had a field visit from the alternative response team, to
provide follow-up and assistance in engaging and linking to needed services. Case managers will act as system navigators
and assist clients with various needs including addressing those that impact their social determinants of health (i.e.,
healthcare, housing, education, community and social support, and economic stability). The case managers will follow up
and help connect clients with needed healthcare like behavioral health and psychiatry, primary care, dentistry, and getting
medications filled. The case managers will also help clients who qualify, enroll to receive entitlement benefits. The case
managers will also have knowledge of Emergency Assistance Network (EAN) agencies and help clients connect with these
to get basic services such as shelter and housing, groceries, and even warm meals. From County estimates, the alternative
response team is expected to receive approximately 1,600 calls with a need of about 480 resulting in a field response by
the team. A fraction of these 480 individuals will be served by the case managers for this project.
In addition, certified Mental Health First Aid (MHFA) Instructors will train 2,080 individuals in MHFA who will then make a
total of 1,040 referrals to behavioral health services over one year. The trainings will include a variety of modules that
address specific populations as mentioned above (youth, adult, older adults). Assuming an average class size of 20, this
SAMHSA Detailed Budget and Narrative Justification
Page 4 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Agree-
ment #Services and Deliverables Provided
results in 104 trainings, or 2 trainings per week.
Personnel
Fringe Benefits
Supplies
Other
Travel
Equipment
Indirect Charges
Contractual Personnel Costs for Momentum for Health
Line
Item
#
Position Name
Key
Position
per the
NOFO
Check
if
Annual
Salary
Calculation
Hourly
Rate Hours # of
Persons
Annual
Salary
% Level
of Effort
(LOE)
Contractual
Personnel
Cost
FEDERAL
REQUEST
1 Community
Collaborator To be determined $26.72 2,080 8 100.00%$444,621 $444,621
2 Mental Health First Aid
Instructor To be determined $33.55 2,080 1 100.00%$69,784 $69,784
3 Case Manager To be determined $33.65 2,080 2 100.00%$139,984 $139,984
4 Program Coordinator To be determined $46.80 1,768 1 85.00%$82,742 $82,742
5 Program Manager To be determined $36.78 1,768 1 85.00%$65,027 $65,027
TOTAL $802,158 $802,158
Line
Item
#
Contractual Personnel Narrative:
1
Community Collaborator To be determined Key Personnel Hourly Rate $26.72 # of Persons 8 Hours 2,080 Personnel Cost $444,621
Role: Providing outreach, engagement and connections to the community.
Qualifications (Quals): Multilingual preferred, but not required.
Experience: Lived experience as a member of or close work history with population of focus.
Familiarity: Relevant educational, work, or lived experience/background with population of focus.
2
Mental Health First Aid
Instructor To be determined Key Personnel Hourly Rate $33.55 # of Persons 1 Hours 2,080 Personnel Cost $69,784
Role: Training individuals in mental health first aid who will then make referrals to behavioral health services.
Quals: Requisite certification.
Experience: Training similar populations.
Familiarity: Mental health or general health, vulnerable populations.
NOTE: While we anticipate a minimum of 832 hours (40% LOE), depending on project needs this could be up to 2,080
hours.
3
Case Manager To be determined Key Personnel Hourly Rate $33.65 # of Persons 2 Hours 2,080 Personnel Cost $139,984
Role: Supporting individuals who have had a field visit and need assistance in engaging and linking to services, as well as
engaging in follow up.
Quals: Associate's Degree or higher preferred, but not required.
Experience: Several years experience working with behavioral health populations.
Familiarity: Mental health or general health, vulnerable populations.
4
Program Coordinator To be determined Key Personnel Hourly Rate $46.8 # of Persons 1 Hours 1,768 Personnel Cost $82,742
Role: Managing staff and daily operations, delivering expected outcomes.
Quals: College degree desired but not required.
Experience: Nonprofit program management, grants management.
Familiarity: Mental health or general health, geographic area, vulnerable populations.
NOTE: While we anticipate a minimum of 1,560 hours (75% LOE), depending on project needs this could be up to 1,768
hours.
Program Manager To be determined Key Personnel Hourly Rate $36.78 # of Persons 1 Hours 1,768 Personnel Cost $65,027
Role: Managing staff and daily operations, delivering expected outcomes.
Quals: College degree preferred.
SAMHSA Detailed Budget and Narrative Justification
Page 5 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Line
Item
#
Contractual Personnel Narrative:
5 Experience: Nonprofit management, grants management.
Familiarity: Mental health or general health, geographic area, vulnerable populations.
NOTE: While we anticipate a minimum of 1,560 hours (75% LOE), depending on project needs this could be up to 1,768
hours.
Contractual Fringe Benefits Costs for Momentum for Health
Contractual fringe benefits consist of the components shown below:
Contractual Fringe Component Rate (%)
Medical, health, dental, and other 25.00%
Total Fringe Rate 25.00%
Contractual Fringe Benefits Costs
Line
Item
#
Position Name
Calculation
Contractual
Personnel
Cost
Total
Fringe
Rate (%)
Fixed / Lump
Sum Fringe
(if any)
Contractual
Fringe
Benefits Cost
FEDERAL
REQUEST
1 Community Collaborator To be determined $444,621 25.00%$111,155 $111,155
2 Mental Health First Aid
Instructor To be determined $69,784 25.00%$17,446 $17,446
3 Case Manager To be determined $139,984 25.00%$34,996 $34,996
4 Program Coordinator To be determined $82,742 25.00%$20,686 $20,686
5 Program Manager To be determined $65,027 25.00%$16,257 $16,257
TOTAL $200,540 $200,540
Contractual Fringe Benefits Narrative:
Contractual Travel Costs for Momentum for Health
Trip
#Purpose Destination
Calculation
Item
Cost /
Rate per
Item
Basis
Quantity
per
Person
Number
of
Persons
Contract
Travel Cost
FEDERAL
REQUEST
1
Mileage To/from outreach
events, clients/
services, from Palo
Alto in north County
and connecting with
services throughout
Santa Clara County
Local Travel (POV Mileage)$0.625 Mile 4,200.00 13 $34,125
$34,125
TOTAL $34,125 $34,125
Trip
#Contractual Travel Narrative:
1
Mileage To/from outreach events, clients/services, from Palo Alto in north
County and connecting with services throughout Santa Clara County Travel Cost $34,125
Assuming, on average, approximately 250-270 miles per month, for twelve months for the community collaborators, case
managers, and instructor.
SAMHSA Detailed Budget and Narrative Justification
Page 6 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Contractual Supplies Costs for Momentum for Health
Line
Item
#
Item
Calculation
Unit Cost Basis Quantity Duration Contractual
Supplies Cost
FEDERAL
REQUEST
1 Laptop $1,100.00 13.00 $14,300 $14,300
2 Monitor $298.00 13.00 $3,874 $3,874
3 Docking station $240.00 13.00 $3,120 $3,120
4 Mouse and keyboard $55.00 13.00 $715 $715
5 Cellphone $760.00 13.00 $9,880 $9,880
6 Software licenses (Zoom, 8x8) $18.00 13.00 12.00 $2,808 $2,808
7 Copier rental $300.00 1.00 12.00 $3,600 $3,600
8 Training materials $23.95 2,080.00 $49,816 $49,816
TOTAL $88,113 $88,113
Line
Item
#
Contractual Supplies Narrative:
1
Laptop Unit Cost $1,100.00 Basis Quantity 13.00 Duration Supplies Cost $14,300
Laptops for staff to use in their daily work.
2
Monitor Unit Cost $298.00 Basis Quantity 13.00 Duration Supplies Cost $3,874
Monitors for staff to set up in their desk area.
3
Docking station Unit Cost $240.00 Basis Quantity 13.00 Duration Supplies Cost $3,120
Docking station for staff to set up in their desk area
4
Mouse and keyboard Unit Cost $55.00 Basis Quantity 13.00 Duration Supplies Cost $715
Mouse and keyboard for staff to use.
5
Cellphone Unit Cost $760.00 Basis Quantity 13.00 Duration Supplies Cost $9,880
Cellphone purchase and annual subscription.
6
Software licenses (Zoom, 8x8)Unit Cost $18.00 Basis Quantity 13.00 Duration 12.00 Supplies Cost $2,808
Monthly fee to use Zoom and 8x8 platforms.
7
Copier rental Unit Cost $300.00 Basis Quantity 1.00 Duration 12.00 Supplies Cost $3,600
Rental fee for copy machine for the program.
8
Training materials Unit Cost $23.95 Basis Quantity 2,080.00 Duration Supplies Cost $49,816
$23.95 per person trained, 20 participants per training, 2 trainings per week for one year.
Contractual Other Costs for Momentum for Health
Line
Item
#
Item
Check
for
Minor
A&R
Calculation
Unit Cost /
Rate Basis Quantity Duration Contractual
Other Cost
FEDERAL
REQUEST
1 Outreach materials $15,000.00 30.00 $450,000 $450,000
2 Office supplies $5,000.00 1.00 $5,000 $5,000
SAMHSA Detailed Budget and Narrative Justification
Page 7 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Line
Item
#
Item
Check
for
Minor
A&R
Calculation
Unit Cost /
Rate Basis Quantity Duration Contractual
Other Cost
FEDERAL
REQUEST
3 Office space rental $6,000.00 monthly 12.00 $72,000 $72,000
4 MHFA Certification Training $2,200.00 one- time 13.00 $28,600 $28,600
5 Contract MHFA Instructors $3,000.00 per training 16.00 $48,000 $48,000
TOTAL $603,600 $603,600
Line
Item
#
Contractual Other Narrative:
1
Outreach materials Unit Cost/Rate $15,000.00 Basis Quantity 30.00 Duration Other Cost $450,000
Bus advertising, paid ads (digital and print), printed outreach materials, graphic design services.
2
Office supplies Unit Cost/Rate $5,000.00 Basis Quantity 1.00 Duration Other Cost $5,000
Paper, pens, pencils, etc.
3
Office space rental Unit Cost/Rate $6,000.00 Basis monthly Quantity 12.00 Duration Other Cost $72,000
Rental fee for office space to house the program.
4
MHFA Certification Training Unit Cost/Rate $2,200.00 Basis one- time Quantity 13.00 Duration Other Cost $28,600
One-time certification training fee for new instructors.
5
Contract MHFA Instructors Unit Cost/Rate $3,000.00 Basis per training Quantity 16.00 Duration Other Cost $48,000
Fee for contract MHFA instructors.
Contractual Total Direct Charges for Momentum for Health
TOTAL DIRECT
CHARGES FOR THIS
AGREEMENT
TOTAL FEDERAL
REQUEST
$1,728,536
Contractual Indirect Charges for Momentum for Health
Calculation
IDC Rate (%)Base Contractual IDC
FEDERAL
REQUEST
15.00%$1,354,468 $203,170 $203,170
TOTAL $203,170 $203,170
Contractual Indirect Charges Narrative:
Contractual Total Cost for Momentum for Health
TOTAL COST TOTAL FEDERAL
REQUEST
$1,931,706 $1,931,706
Contractual Details for To be determined
SAMHSA Detailed Budget and Narrative Justification
Page 8 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Agree-
ment #Services and Deliverables Provided
2
Assessment of program effectiveness: collection of data on type/number of outreach and connections, including follow-up
check-ins on people who accessed the program, identification of key expected outcomes of an effective program, and
analysis and report on program effectiveness against expected outcomes.
Personnel
Fringe Benefits
Supplies
Other
Travel
Equipment
Indirect Charges
Contractual Other Costs for To be determined
Line
Item
#
Item
Check
for
Minor
A&R
Calculation
Unit Cost /
Rate Basis Quantity Duration Contractual
Other Cost
FEDERAL
REQUEST
1 Services rendered $68,294.00 Annual 1.00 $68,294 $68,294
TOTAL $68,294 $68,294
Line
Item
#
Contractual Other Narrative:
1
Services rendered Unit Cost/Rate $68,294.00 Basis Annual Quantity 1.00 Duration Other Cost $68,294
Contractual Total Direct Charges for To be determined
TOTAL DIRECT
CHARGES FOR THIS
AGREEMENT
TOTAL FEDERAL
REQUEST
$68,294
Contractual Total Cost for To be determined
TOTAL COST TOTAL FEDERAL
REQUEST
$68,294 $68,294
G. Construction: Not Applicable
H. Other
Line
Item
#
Item
Check
if
Minor
A&R
Calculation
Unit Cost /
Rate Basis Quantity Duration Other Cost
FEDERAL
REQUEST
1 $0 $0
TOTAL $0 $0
Line
Item
#Other Narrative:
Unit Cost/Rate Basis Quantity Duration Other Cost $0
SAMHSA Detailed Budget and Narrative Justification
Page 9 of 14 Release date: 01/2022v3.0
Feb 22, 2023
Line
Item
#Other Narrative:
1
I. Total Direct Charges
TOTAL DIRECT CHARGES
TOTAL FEDERAL REQUEST
$2,000,000
J. Indirect Charges
Type of IDC Rate / Cost Allocation Plan
We elect to charge the de minimis rate of 10%
De Minimis Rate Statement (we have never received a federally negotiated IDC rate):
We have never received an approved federally negotiated IDC rate and we are electing to charge the de minimis rate of 10% of
modified total direct costs (MTDC) until such time we have an approved federally negotiated IDC rate. We will use the de minimis
rate consistently for all federal awards until we choose to negotiate for an IDC rate, which we may apply to do at any time.
Indirect Charges
Calculation
De Minimis Rate (%)MTDC Base IDC
FEDERAL
REQUEST
10.00%$0 $0
TOTAL $0 $0
Indirect Charges Narrative:
REVIEW OF COST SHARING AND MATCHING
Cost sharing or matching is not required for this grant.
BUDGET SUMMARY: YEAR 1
BUDGET
CATEGORY
FEDERAL
REQUEST
A. Personnel $0
B. Fringe Benefits $0
C. Travel $0
D. Equipment $0
SAMHSA Detailed Budget and Narrative Justification
Page 10 of 14 Release date: 01/2022v3.0
Feb 22, 2023
E. Supplies $0
F. Contractual $2,000,000
G. Construction (N/A)$0
H. Other $0
I. Total Direct Charges
(sum of A to H) $2,000,000
J. Indirect Charges $0
Total Projects Costs
(sum of I and J) $2,000,000
BUDGET SUMMARY FOR REQUESTED FUTURE YEARS
Year 2 Year 3 Year 4 Year 5
Budget Category FEDERAL
REQUEST
FEDERAL
REQUEST
FEDERAL
REQUEST
FEDERAL
REQUEST
A. Personnel
B. Fringe Benefits
C. Travel
D. Equipment
E. Supplies
F. Contractual
G. Construction $0 $0 $0 $0
H. Other
I. Total Direct
Charges (sum A to H)$0 $0 $0 $0
J. Indirect Charges
Total Project Costs
(sum of I and J)$0 $0 $0 $0
Budget Summary Narrative:
FUNDING LIMITATIONS / RESTRICTIONS
Funding Limitation/Restriction
Year 1 Year 2 Year 3 Year 4 Year 5 Total for Budget
Category
A. Personnel
B. Fringe Benefits
SAMHSA Detailed Budget and Narrative Justification
Page 11 of 14 Release date: 01/2022v3.0
Feb 22, 2023
C. Travel
D. Equipment
E. Supplies
F. Contractual
H. Other
I. Total Direct
Charges (sum A to H)
J. Indirect Charges
TOTAL for the
Budget Year
Percentage of the
Budget 0.000%
Funding Limitation/Restriction Narrative:
BU
D
G
E
T
I
N
F
O
R
M
A
T
I
O
N
-
N
o
n
-
C
o
n
s
t
r
u
c
t
i
o
n
P
r
o
g
r
a
m
s
OM
B
N
u
m
b
e
r
:
4
0
4
0
-
0
0
0
6
Ex
p
i
r
a
t
i
o
n
D
a
t
e
:
0
2
/
2
8
/
2
0
2
2
SE
C
T
I
O
N
A
-
B
U
D
G
E
T
S
U
M
M
A
R
Y
Gr
a
n
t
P
r
o
g
r
a
m
F
u
n
c
t
i
o
n
or
A
c
t
i
v
i
t
y
(a)
Ca
t
a
l
o
g
o
f
F
e
d
e
r
a
l
Do
m
e
s
t
i
c
A
s
s
i
s
t
a
n
c
e
Nu
m
b
e
r
(b)
Es
t
i
m
a
t
e
d
U
n
o
b
l
i
g
a
t
e
d
F
u
n
d
s
Fe
d
e
r
a
l
(c)
No
n
-
F
e
d
e
r
a
l
(d)
Ne
w
o
r
R
e
v
i
s
e
d
B
u
d
g
e
t
Fe
d
e
r
a
l
(e)
No
n
-
F
e
d
e
r
a
l
(f)
To
t
a
l
(g)
1.
$2
,
0
0
0
,
0
0
0
$0
$2
,
0
0
0
,
0
0
0
2.3.4.5.
To
t
a
l
s
$2
,
0
0
0
,
0
0
0
$0
$2
,
0
0
0
,
0
0
0
Sta
n
d
a
r
d
F
o
r
m
4
2
4
A
(
R
e
v
.
7
-
9
7
)
Pr
e
s
c
r
i
b
e
d
b
y
O
M
B
(
C
i
r
c
u
l
a
r
A
-
1
0
2
)
P
a
g
e
1
SE
C
T
I
O
N
B
-
B
U
D
G
E
T
C
A
T
E
G
O
R
I
E
S
6.
O
b
j
e
c
t
C
l
a
s
s
C
a
t
e
g
o
r
i
e
s
GR
A
N
T
P
R
O
G
R
A
M
,
F
U
N
C
T
I
O
N
O
R
A
C
T
I
V
I
T
Y
(1)
(2)
(3)
(4)
To
t
a
l
(5)
a.
P
e
r
s
o
n
n
e
l
$0
$0
$0
b.
F
r
i
n
g
e
B
e
n
e
f
i
t
s
$0
$0
$0
c.
T
r
a
v
e
l
$0
$0
$0
d.
E
q
u
i
p
m
e
n
t
$0
$0
$0
e.
S
u
p
p
l
i
e
s
$0
$0
$0
f. C
o
n
t
r
a
c
t
u
a
l
$2
,
0
0
0
,
0
0
0
$0
$2
,
0
0
0
,
0
0
0
g.
C
o
n
s
t
r
u
c
t
i
o
n
$0
$0
$0
$0
$0
h.
O
t
h
e
r
$0
$0
$0
i. T
o
t
a
l
D
i
r
e
c
t
C
h
a
r
g
e
s
(
s
u
m
o
f
6
a
-
6
h
)
$2
,
0
0
0
,
0
0
0
$0
$2
,
0
0
0
,
0
0
0
j. I
n
d
i
r
e
c
t
C
h
a
r
g
e
s
$0
$0
$0
k.
T
O
T
A
L
S
(
s
u
m
o
f
6
i
a
n
d
6
j
)
$2
,
0
0
0
,
0
0
0
$0
$2
,
0
0
0
,
0
0
0
7.
P
r
o
g
r
a
m
I
n
c
o
m
e
Sta
n
d
a
r
d
F
o
r
m
4
2
4
A
(
R
e
v
.
7
-
9
7
)
Pr
e
s
c
r
i
b
e
d
b
y
O
M
B
(
C
i
r
c
u
l
a
r
A
-
1
0
2
)
P
a
g
e
1
A
Au
t
h
o
r
i
z
e
d
f
o
r
L
o
c
a
l
R
e
p
r
o
d
u
c
t
i
o
n
SE
C
T
I
O
N
C
-
N
O
N
-
F
E
D
E
R
A
L
R
E
S
O
U
R
C
E
S
(a)
G
r
a
n
t
P
r
o
g
r
a
m
(b
)
A
p
p
l
i
c
a
n
t
(c)
S
t
a
t
e
(d
)
O
t
h
e
r
S
o
u
r
c
e
s
(e
)
T
O
T
A
L
S
8.9.10
.
11
.
12
.
T
O
T
A
L
(
s
u
m
o
f
l
i
n
e
s
8
-
1
1
)
SE
C
T
I
O
N
D
-
F
O
R
E
C
A
S
T
E
D
C
A
S
H
N
E
E
D
S
To
t
a
l
f
o
r
1
s
t
Y
e
a
r
1s
t
Q
u
a
r
t
e
r
2n
d
Q
u
a
r
t
e
r
3rd
Q
u
a
r
t
e
r
4th
Q
u
a
r
t
e
r
13
.
Fe
d
e
r
a
l
14
.
No
n
-
F
e
d
e
r
a
l
15
.
TO
T
A
L
(
s
u
m
o
f
l
i
n
e
s
1
3
a
n
d
1
4
)
SE
C
T
I
O
N
E
-
B
U
D
G
E
T
E
S
T
I
M
A
T
E
S
O
F
F
E
D
E
R
A
L
F
U
N
D
S
N
E
E
D
E
D
F
O
R
B
A
L
A
N
C
E
O
F
T
H
E
P
R
O
J
E
C
T
(a)
G
r
a
n
t
P
r
o
g
r
a
m
FU
T
U
R
E
F
U
N
D
I
N
G
P
E
R
I
O
D
S
(
Y
E
A
R
S
)
(b)
F
i
r
s
t
(c)
S
e
c
o
n
d
(d)
T
h
i
r
d
(e)
F
o
u
r
t
h
16
.
$0
$0
$0
$0
17
.
18
.
19
.
20
.
TO
T
A
L
(
s
u
m
o
f
l
i
n
e
s
1
6
-
1
9
)
$0
$0
$0
$0
SE
C
T
I
O
N
F
-
O
T
H
E
R
B
U
D
G
E
T
I
N
F
O
R
M
A
T
I
O
N
21
.
D
i
r
e
c
t
C
h
a
r
g
e
s
:
22
.
I
n
d
i
r
e
c
t
C
h
a
r
g
e
s
:
23
.
R
e
m
a
r
k
s
:
St
a
n
d
a
r
d
F
o
r
m
4
2
4
A
(
R
e
v
.
7
-
9
7
)
Pr
e
s
c
r
i
b
e
d
b
y
O
M
B
(
C
i
r
c
u
l
a
r
A
-
1
0
2
)
P
a
g
e
2
Au
t
h
o
r
i
z
e
d
f
o
r
L
o
c
a
l
R
e
p
r
o
d
u
c
t
i
o
n
Professional Services
Rev. Dec.15, 2020 Page 1 of 19
CITY OF PALO ALTO CONTRACT NO. C23187506
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND
MOMENTUM FOR HEALTH
This Agreement for Professional Services (this “Agreement”) is entered into as of the 3rd day of
April, 2023 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and MOMENTUM FOR HEALTH, located at 438
North White Road, San Jose, CA 95127 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to award a contract for Community Mobile Response Call Center and Onsite
Field teams (the “Project”) and desires to engage a consultant to outreach and engage with the
community to inform and educate about the new alternative response services, provide needed
ongoing support to individuals in crisis for mental health, homelessness, teen wellness/stress, and
similar “lower-tier” quality of life calls for service1, and train 1,040 individuals in mental health
first aid to make referrals to behavioral health services and alternative response
program/community mobile response in connection with the Project (the “Services”, as detailed
more fully in Exhibit A). The Services in this Agreement are designed to implement a grant from
SAMHSA (SAMSA Application/Award number H79FG000738). This Services are also intended
to complement services in an agreement between Consultant and the County of Santa Clara’s
TRUST program.
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess 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, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in 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 January 31, 2024
unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 2 of 19
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, entitled “SCHEDULE
OF PERFORMANCE”. 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.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services shall be based on the compensation structure
detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Two Million Dollars
($2,000,000.). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled
“SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost
to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess 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 subcontractors, if any, 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 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, as amended from time to time. 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
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 3 of 19
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections 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. CONSULTANT acknowledges and agrees
that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be
deemed at all times to be an independent contractor and shall be wholly responsible for the manner
in which CONSULTANT performs the Services requested by CITY under this Agreement.
CONSULTANT and any agent or employee of CONSULTANT will not have employee status
with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY
pertaining to or in connection with any retirement, health or other benefits that CITY may offer its
employees. CONSULTANT will be responsible for all obligations and payments, whether
imposed by federal, state or local law, including, but not limited to, FICA, income tax
withholdings, workers’ compensation, unemployment compensation, insurance, and other similar
responsibilities related to CONSULTANT’s performance of the Services, or any agent or
employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as
creating an employment or agency relationship between CITY and CONSULTANT or any agent
or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY
shall be construed as providing for direction as to policy and the result of CONSULTANT’s
provision of the Services only, and not as to the means by which such a result is obtained.
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 approval of the City Manager. Any purported
assignment made without the prior written approval of the City Manager will be void and without
effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement
will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the
parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the
Services to be performed under this Agreement without the prior written authorization of the City
Manager or designee. In the event CONSULTANT does subcontract any portion of the work to
be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and
omissions of subcontractors.
Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY
agrees that subcontractors may be used to complete the Services. The subcontractors will be
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 4 of 19
authorized by CITY to perform work on this Project and will be determined after start of contract.
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with
the prior written approval of the City Manager or designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Maru Salazar,
telephone: (669)213-0843, email: MSalazar@momentumforhealth.org as the CONSULTANT’s
Project Manager to have supervisory responsibility for the performance, progress, and execution
of the Services and represent CONSULTANT during the day-to-day performance of the Services.
If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of
CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager
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 CONSULTANT 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 Services
or a threat to the safety of persons or property.
CITY’s Project Manager is Melissa McDonough, MPP, Assistant to the City Manager, City
Manager’s Office, 250 Hamilton Ave., 7th Floor, Palo Alto, CA, 94301, Telephone: (650)329-
2533 Mobile: (650)586-1557. CITY’s Project Manager will be CONSULTANT’s point of contact
with respect to performance, progress and execution of the Services. CITY may designate an
alternate Project Manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, 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 product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product 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 Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 5 of 19
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all third party 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 attorney’s fees, experts fees, court costs and
disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents
or contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of
defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the
final judgment of a court of competent jurisdiction.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active
negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of,
or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its
officers, employees, agents or contractors under this Agreement.
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. No waiver of a condition or nonperformance of an obligation under
this Agreement is effective unless it is in writing in accordance with Section 29.4 of this
Agreement. No delay or failure to require performance of any provision of this Agreement shall
constitute a waiver of that provision as to that or any other instance. Any waiver granted shall
apply solely to the specific instance expressly stated. No single or partial exercise of any right or
remedy will preclude any other or further exercise of any right or remedy.
SECTION 18. INSURANCE.
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, entitled “INSURANCE REQUIREMENTS”. 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
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 6 of 19
concurrently 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. If CONSULTANT fails to perform any of its material
obligations under this Agreement, in addition to all other remedies provided under this Agreement
or at law, the City Manager may terminate this Agreement sooner upon written notice of
termination. Upon receipt of any notice of suspension or termination, CONSULTANT will
discontinue its performance of the Services on the effective date in the notice of suspension or
termination.
19.2. In event of suspension or termination, CONSULTANT will deliver to the
City Manager on or before the effective date in the notice of suspension or termination, any and
all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed,
prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such
work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the
Services rendered and work products delivered to CITY in accordance with the Scope of Services
up to the effective date in the 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
provided in material conformity with this Agreement as such determination is 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, 17, 19.2, 19.3, 19.4, 20, 25,
27, 28, 29 and 30.
19.4. 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, unless made
in accordance with Section 17 (Waivers).
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 7 of 19
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 Manager at the address of
CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing 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 subcontractors or other persons or parties 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, as amended from time to time. CONSULTANT agrees to notify CITY if any
conflict arises.
21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by
the Regulations of the Fair Political Practices Commission, CONSULTANT will file the
appropriate financial disclosure documents required by the Palo Alto Municipal Code and the
Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended
from time to time, 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.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 8 of 19
22.2. CONSULTANT understands and agrees that pursuant to the Americans
Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to
the public, whether directly or through a contractor or subcontractor, are required to be accessible
to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a
manner that complies with the ADA and any other applicable federal, state and local disability
rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate
against persons with disabilities in the provision of services, benefits or activities provided under
this Agreement.
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, hereby
incorporated by reference and as 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 CONSULTANT 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 Department’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 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. This Agreement is subject to the fiscal provisions of
the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to
time. 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
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 9 of 19
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 and related
requirements. CONSULTANT is not required to pay prevailing wages and meet related
requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of
$15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and
1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For
purposes of this Section 27, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or other public
improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code
Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in
Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreement, CONSULTANT may have access to
CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential
Information in strict confidence, not disclose it to any third party, and will use it only for the
performance of its obligations to CITY under this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and appropriate administrative, technical and physical
safeguards to ensure the security, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its
employees, agents and subcontractors, if any, to the extent they have a need to know in order to
perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose,
provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality
and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without
limitation “Personal Information” about a California resident as defined in Civil Code Section
1798 et seq., as amended from time to time) and materials, in any form or media, tangible or
intangible, provided or otherwise made available to CONSULTANT by CITY, directly or
indirectly, pursuant to this Agreement. Confidential Information excludes information that
CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it
was provided or has subsequently become publicly known other than by a breach of this
Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of
confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 10 of 19
CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is
independently developed by employees of CONSULTANT without any use of or access to the
Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an
authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential
Information to the extent required by order of a court of competent jurisdiction or governmental
body, provided that CONSULTANT will notify CITY in writing of such order immediately upon
receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing
so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in
the security of its systems or unauthorized disclosure of, or access to, Confidential Information in
its possession or control, and if such Confidential Information consists of Personal Information,
CONSULTANT will provide information to CITY sufficient to meet the notice requirements of
Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement,
CONSULTANT will honor any request from the CITY to return or securely destroy all copies of
Confidential Information. All Confidential Information is and will remain the property of the CITY
and nothing contained in this Agreement grants or confers any rights to such Confidential
Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the
terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its
conflict of law provisions.
29.2. 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.
29.3. 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.
29.4. This Agreement, including all exhibits, constitutes the entire and integrated
agreement between the parties with respect to the subject matter of this Agreement, and supersedes
all prior agreements, negotiations, representations, statements and undertakings, either oral or
written. This Agreement may be amended only by a written instrument, which is signed by the
authorized representatives of the parties and approved as required under Palo Alto Municipal
Code, as amended from time to time.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 11 of 19
29.5. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in
full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the
exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall
control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if
any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this
Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and
reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when
executed by the authorized representatives of the parties, shall together constitute a single binding
agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is
selected below, is hereby attached and incorporated into this Agreement by reference as though
fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS
ARE ATTACHED.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 12 of 19
CONTRACT NO. C23187506 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
City Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
MOMENTUM FOR HEALTH
Officer 1
By:__________________________________
Name:_______________________________
Title:________________________________
Officer 2
By:__________________________________
Name:_______________________________
Title:________________________________
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
President and CEO
David K. Mineta
Theresa A. Matacia
Interim CFO
Professional Services
Rev. Dec.15, 2020 Page 1 of 19
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
Background:
The City of Palo Alto Alternative Response Program/Community Mobile Response (“Program”)
will augment the Santa Clara County alternative response known as the Trusted Response Urgent
Support Team or “TRUST”. The Program will outreach and engage with the community to
inform and educate about the new alternative response services, provide needed ongoing support
to individuals in crisis for mental health, homelessness, teen wellness/stress, and similar “lower-
tier” quality of life calls for service1, and train 1,040 individuals in mental health first aid to
make referrals to behavioral health services and alternative response program/community mobile
response. Ongoing support activities will include necessary follow-up after initial interactions,
some case management, and assistance in system navigation. Facilitated interventions by trained
and skilled civilians, rather than sworn law-enforcement officers, may significantly alter the
dynamic of the interactions and help the community reach better outcomes.
This Program will have a catchment area within the City of Palo Alto, the City of Mountain
View, and the Town of Los Altos. The service population includes all members of each
community who could benefit from non-law enforcement response. This Program will help
augment the three cities’ ability to respond to calls for service and align the resources available
with the needs of the communities.
Scope:
Outreach – Promotores/as
Momentum will deploy a team of eight (8) promotores/as or community outreach workers who
will deliver community outreach and engagement activities in the cities of Palo Alto, Mountain
View, and Los Altos. The purpose of this outreach is to inform and educate the residents and
businesses about the TRUST program. Promotores/as also will engage with local community-
based organizations to let them know about the new services and how to access these, so they
can in turn share the information with their constituencies. During the period of this contract,
each promotor/a will engage in two community contacts per day each week.
Goals/Objectives:
• Expand awareness about the mental health programs available to the public.
• Divert calls for service from emergency services/public safety personnel to TRUST.
• Increase collaboration between nonprofit organizations focused on mental health crisis.
Support – Case Management
Two full time case managers will support clients who have had a field visit from the North
County TRUST team and need assistance in engaging and linking to needed services. Case
managers will act as system navigators and assist clients with various needs including addressing
those that impact their social determinants of health (i.e., healthcare, housing, education,
community and social support, and economic stability). The case managers will follow up and
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 2 of 19
help connect clients with needed healthcare like behavioral health and psychiatry, primary care,
dentistry, and getting medications filled. The case managers also will help clients who qualify,
enroll to receive entitlement benefits such as Medi-Cal, CalFresh, General Assistance, and
Veterans Assistance benefits. Additionally, the case managers will have knowledge of
Emergency Assistance Network (EAN) agencies and help clients connect with these to get basic
services such as shelter and housing, groceries, and even warm meals.
Goals/Objectives:
• Lower the number of repeat contacts related to behavioral health crisis through providing
linkages and follow-up to individuals post crisis.
• Increase collaboration between nonprofit organizations focused on mental health crisis.
Training – Mental Health First Aid
Certified Mental Health First Aid (MHFA) instructors will train 2,080 individuals in MHFA who
will then make a total of 1,040 referrals to behavioral health services (including TRUST) over
the course of the contract. The trainings will include a variety of modules addressing specific
populations (e.g., youth, adult, older adults, veterans, fire department personnel, emergency
medical services personnel). There will be an average class size of 20 and two trainings will be
held each week.
Goals/Objectives:
• Increase the capacity of the local Palo Alto, Mountain View, and Los Altos communities
to respond to mental health crisis.
• Divert calls for service from emergency services/public safety personnel to TRUST.
Compliance Requirements
CONSULTANT shall adhere to all applicable laws (including privacy and medical record laws,
as applicable) and the Participant Protection Plan as reviewed by SAMHSA for all services
provided under this Agreement. CONSULTANT shall also adhere to all County of Santa Clara
laws and regulations related to the TRUST program (as more fully described in County of Santa
Clara Service Agreement between the County and CONSULTANT).
Data Requirements
On a monthly basis, the Contractor will provide the following data:
• Number and description of outreach and engagement activities, including number and
description of people engaged,
• Number of clients receiving case management,
• Outcome of case management (e.g., services provided, whether further/repeat crisis
contacts occurred),
• Number of trainings held,
• Number of people trained, and
• Number of referrals made to TRUST
• Any other data required by SAMHSA
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 3 of 19
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
1. Hire promotore/as, case managers 30 days
2. Achieve 16 community contacts/day 60 days
3. Initiate case management 60 days
4. Contract MHFA instructors 30 days
5. Achieve two MHFA trainings/week 45 days
6. Complete MHFA training of 1,040
individuals
100 days
7. Achieve 520 referrals to behavioral health
services
180 days
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 4 of 19
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for the Services performed in accordance with the
terms and conditions of this Agreement, including Services, any specified reimbursable expenses,
and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all Services, any
specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed
the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all
Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4),
within this/these amount(s). Any work performed or expenses incurred for which payment would
result in a total exceeding the maximum amount of compensation set forth in this Agreement shall
be at no cost to the CITY.
REIMBURSABLE EXPENSES
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are:
• Reimbursable expenses consistent with SAMHSA guidelines and the City’s grant from
SAMHSA (Application/Award Number H79FG000738).
All requests for reimbursement of expenses, if any are specified as reimbursable under this section,
shall be accompanied by appropriate backup documentation and information.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 5 of 19
EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Position Rate Fringe Benefits Rate
Promotore/as $26.72
25%
Mental health first aid instructor $33.55
Case manager $33.65
Program coordinator $46.80
Program manager $36.78
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 6 of 19
EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS 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 HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY 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: CONSULTANT, 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
CONSULTANT 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
CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT 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.
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51
Professional Services
Rev. Dec.15, 2020 Page 7 of 19
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL 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.
EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE
FILED 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
DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51