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HomeMy WebLinkAboutStaff Report 2305-158838.Approval of a Professional Services Agreement (Contract No. C23184669A) with LifeMoves for the provision of Homeless Outreach Services in an Amount Not to Exceed of $460,000 for a term of two years; CEQA status – not a project. City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: June 19, 2023 Report #:2305-1588 TITLE Approval of a Professional Services Agreement (Contract No. C23184669A) with LifeMoves for the provision of Homeless Outreach Services in an Amount Not to Exceed of $460,000 for a term of two years; CEQA status – not a project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract No. C23184669A (Attachment A) with LifeMoves to provide outreach services to the unhoused for a term of two years and a total amount not-to-exceed $460,000. EXECUTIVE SUMMARY If approved, the scope of services in this contract provides for outreach services to unhoused individuals for a two-year period. Services will include regular street outreach to locate and engage with unhoused individuals where they are in the Palo Alto area, to build trust, increase awareness of services and resources, improve neighbor relations, act as a resource to local businesses and, when feasible, connect them with support services including shelter, housing, government benefits, mental health, substance abuse treatment, or employment training among other needs. A small portion of the outreach team’s time will be spent on Stanford University land as part of a revenue agreement between Stanford and the City. This contract is considered a pilot. At the end of the contract term and upon review of the service outcomes and available funding, it will be determined whether and how future homeless outreach services will be provided by the City. BACKGROUND The need for outreach services to the unhoused was first brought to the Council on April 5, 2021, as part of study session on Services to the Unhoused in Palo Alto1 at which Council was asked to consider four areas of support for the unhoused, including “Outreach/Street Outreach Case Workers for Unhoused and Mental Health Support”. At that time staff explained that building trust with unhoused individuals to help them to address their needs is most effective with the help of a consistent outreach case worker. A City funded outreach case worker could provide services to other vulnerable populations regularly using public spaces such as parks, libraries, and community centers, Staff also shared that the City does not have any organization under contract specifically to perform this function. This concept was reintroduced on August 30, 2021, during a Council discussion on “Direction on Strategies Related to Services for Unhoused Palo Alto Residents, Including Potential Emergency Shelter, and Adoption of a Resolution Endorsing the Santa Clara County Community Plan to End Homelessness 2020-25”2. At that time, Council directed staff to “Return with a proposal for an outreach team to the unhoused, which will include case management resources, additional Police resources, and program coordination staff. Funding in the amount of $100,000 was approved on October 25, 2021, as a budget amendment as part of a discussion on the “Preliminary Q1 FY 2022 Financial Status to the FY 2022”3. ANALYSIS The City issued a Request for Proposal (RFP) for Homeless Outreach Services on the city’s eProcurement platform, on May 19, 2022. The City received one response which was reviewed and deemed non-responsive. Feedback received from other organizations was that the funding available was not sufficient to safely and adequately provide the services listed in the scope of services. The scope was reassessed, and additional funding became identified by means of the Permanent Local Housing Allocation (PLHA) Entitlement Funding (a state funding source administered by the State of California Department of Housing and Community Development (HCD) to local jurisdictions)4. The city received the PLHA award letter from HCD on December 20, 1 City Council, April 5, 2021, Agenda Item #2, SR #12133; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2021/id-12133.pdf 2 City Council, August 30, 2021, Agenda Item #8, SR #13521; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2021/08-august/20210830/20210830pccsm-amended-for-print-linked.pdf 3 City Council, October 25, 2021, Action Minutes, Action Item #5; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2021/10-october/20211025/20211025amccs.pdf 4 City Council, October 24, 2022, Agenda Item #5; SR #14715 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council- agendas-minutes/2022/20221024/20221024pccsm-amended.pdf 2022, and is still awaiting the HCD Standard Agreement for PLHA funding for signatures which will enable a request for the disbursement of the funds5. An updated RFP was released with an increased budget, see Table 1 below for details. Table 1. Summary of RFP Process RFP Name/Number Homeless Outreach Services RFP 184669A Request for Proposal 11/10/22 Proposal Due 12/15/22 Total Days to Respond to RFP 34 Number of Proposals Received 3 Public Link to Solicitation https://pbsystem.planetbids.com/portal/25 569/bo/bo-detail/99724 Proposal Price Range $218,730 - $230,000 per fiscal year An evaluation committee comprised of staff from the City’s Office of Human Services, City Manager’s Office and a representative from Stanford University’s Office of Community Engagement carefully reviewed each firm’s qualifications and submittals in response to the criteria identified in the RFP: 1. Quality and completeness of proposal; 2. Quality, performance and effectiveness of the solution, goods and/or services to be provided by the Proposer; 3. Proposers experience, including the experience of staff to be assigned to the project, the engagements of similar scope and complexity; 4. Cost to the city; 5. Proposer’s financial condition and stability; 6. Proposer’s ability to perform the work within the time specified; 7. Proposer’s prior record of performance with City or other local, county or state agency; 8. Proposer’s compliance with applicable laws, regulations, policies (including City Council policies), guidelines and orders governing prior or existing contracts performed by the contractor. 5 Permanent Local Housing Allocation program (PLHA) Award letter to Palo Alto from California Department of Housing and Community Development Department – December 20, 2022; https://www.cityofpaloalto.org/files/assets/public/community-services/human-services/plha-award-letter-to- palo-alto-from-california-department-of-housing-and-community-development-department.pdf Proposals were received from three organizations: Move Mtn. View, LifeMoves and Peninsula HealthCare Connections. The evaluation committee reviewed each proposers’ responses to the services requested in the scope of services and a series of additional questions that sought to assess the proposers’ approach to outreach, reducing homelessness, cultural competency, and measurement tools to assess success towards reaching proposed contract goals. The evaluation committee selected LiveMoves as the firm best qualified to provide services requested by the City. They provided a comprehensive approach to the scope of work, demonstrated a clear understanding of Palo Alto and its needs, and have extensive experience working with providing Homeless Outreach Services in several cities in the Bay Area. Services to be provided include regular street outreach to locate and engage with unhoused individuals where they find themselves in the Palo Alto area, in order to build trust, increase awareness of services and resources, improve neighbor relations, act as a resource to local businesses and, when feasible, connect them with support services including shelter, housing, government benefits, mental health, substance abuse treatment, or employment training among other needs. For the specific program objectives, tasks and outcomes measures as part of this contract, see full scope of services in the contract (Attachment A). This program differs from the Downtown Streets Team employment services program which is also on the City Council agenda for adoption on June 19, 2023. The employment services program, proposed to be provided by Downtown Streets Team, is intended to provide job readiness to homeless and or extremely low-income individuals in the Palo Alto community. Both programs are part of the City’s ecosystem to support homeless and or extremely low- income individuals in Palo Alto. FISCAL/RESOURCE IMPACT Funding for this contract is available through a combination of funding sources. The primary funding source will be the Permanent Local Housing Allocation (PLHA) entitlement funding that is expected to be distributed. Additional funding support will be from a contract with Stanford University for services ($25,000) and the City’s General Fund ($100,000). Below is the breakdown by year, the budget amendments to recognize the PLHA and Stanford University revenues and fund this contract are included in the FY 2024 Budget for Council consideration and adoption on June 19th, 2023: - Year 1 $230,000: $116,000 PLHA entitlement (reflect entitlement year 2019), $25,000 Stanford University, and remaining costs to be covered by the City’s General Fund Community Services Department (appropriation for homeless outreach services) - Year 2 $230,000: $209,000 PLHA entitlement (reflect entitlement year 2020 and 2021), $21,000 Stanford University As a two-year pilot contract, funding beyond these years if continuation of services is desired would need to be identified. This would be an eligible expense for the new Business Tax receipts for affordable housing and unhoused services or future PLHA entitlement funding in the future. STAKEHOLDER ENGAGEMENT Services to unhoused community members, including the concept of homeless outreach services, was discussed at Council Meeting on April 5, 2021, and August 30, 2021, and the public was able to give input during oral communications. The concept was also discussed during a meeting of the Palo Alto Homeless Services Providers Committee on April 8, 2021. ENVIRONMENTAL REVIEW Approval of this contract is not a project under the California Environmental Quality Act (CEQA) per CEQA Guidelines 15061(b)(3). ATTACHMENTS Attachment A –C23184669A Homeless Outreach Agreement - LifeMoves APPROVED BY: Kristen O'Kane, Community Services Director CITY OF PALO ALTO CONTRACT NO. C23184669A AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND LIFEMOVES This Agreement is entered into as of the 19th day of June , 2023 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation LIVEMOVES, a California Non-Profit Corporation, located at 181 Constitution Drive, Menlo Park, CA 94025 (CONSULTANT ). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to provide outreach services to unhoused individuals (the to engage a consultant to provision of a range of services to meet and engage unhoused individuals where they are, including outreach services, welfare checks, case management, service coordination, shelter access and housing navigation services in connection with the Project (the , as detailed more fully in Exhibit A). 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, . 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 June 30, 2025 unless terminated earlier pursuant to Section 19 (Termination) 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, . 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 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 any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Sixty Thousand Dollars ($460,000.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled SCHEDULE OF 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, schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to 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 , 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 CONSULTANT 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 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, unemployment compensation, insurance, and other similar responsibilities re 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 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 transf 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. 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. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Katherine Finnigan, kfinnigan@lifemoves.orgas the 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 CONSULTA roject Manager or any other key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement Project Manager. 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 Project Manager is Minka Van Der Zwaag, Community Services Department, Office of Human Services Division, 250 Hamilton Avenue, Palo Alto, CA, 94301, Telephone: (650) 463-4953. Project M 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. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney 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 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 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, . 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 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 concurrently 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 CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the 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 Sixty (60) 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 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). 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 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 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. 22.2. CONSULTANT understands and agrees that pursuant to the Americans 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 CI Environmentally Preferred Purchasing policies which are available at CITY 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 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 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 Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department ffice. (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 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). . For purposes of this Section 27 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 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 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 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. limit 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 Information; (iii) is rightfully obtained by 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 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. 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) event of a conflict between the exhibits (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 A-1 PROFESSIONAL SERVICES TASK ORDER 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. CONTRACT NO. C23184669A 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 CONSULTANT LIFEMOVES Officer 1 By:__________________________________ Name:_______________________________ Title:________________________________ EXHIBIT A SCOPE OF SERVICES Through the City of Palo Alto Homeless Outreach Services program, the City seeks to support, expand, and and innovative strategies to effectively engage with unsheltered individuals in Palo Alto. The Palo Alto Homeless Outreach Services team will be staffed by two full-time outreach workers who are dedicated to this program. The outreach workers will be engaging with unsheltered Palo Alto residents 40 hours per week, with a regular work schedule to be determined after assessing the optimal window of time to meet with those unhoused local residents. LifeMoves will provide additional staff support should a member of the Palo Alto Homeless Outreach Services team be absent for a significant length of time. A Homeless Outreach Team (HOT) director will supervise the outreach workers and coordinate outreach efforts in Palo Alto. Scope of Work/Tasks Consultant will: Provide Supervision: Assign a HOT director (0.1 FTE) to ensure the delivery of high-quality services and provide oversight for the two outreach workers assigned to this program. Provide Outreach Services: Hire or assign at least two (2.0 FTE) outreach workers to the Palo Alto Homeless Outreach Team (PA HOT). At least one outreach worker will be bilingual, with an ability to speak Spanish and English. For those who are unsheltered, LifeMoves outreach workers will: Provide customized outreach and engagement services in the field, building upon current best practices and protocols used by the LifeMoves HOT program within the County of San Mateo and other LifeMoves outreach programs; o Proactively seek out and develop relationships through repeated contacts with unhoused individuals throughout the community, while maintaining a regular presence within the community. The outreach workers will seek to engage with local, unsheltered individuals living on the streets, in areas not meant for human habitation or in vehicles (personal and recreational vehicles). o Frequent locations that include Palo Alto retail settings, public transportation hubs, civic facilities, public parking garages and lots, isolated spaces, parks and spaces open to the public for recreation and reflection, areas where vehicularly housed individuals gather, and other locales that are not meant for human habitation. Outreach is conducted primarily in the field where clients live and spend time; o Connect individuals to healthcare, transportation services, or services addressing other basic needs; o Offer supplies or other items to assist clients with basic needs and build trust; o Connect individuals to the Coordinated Assessment System (CAS) and assist them in completing VI- SPDAT assessments, as needed; o Seamlessly transfer clients requesting case management and housing assistance to colleagues at LifeMoves programs or sites, including the Opportunity Services Center, or other local agencies, and; o Execute additional outreach and assistance during inclement weather and other emergencies. For concerned residents, local partners, and the retail community, LifeMoves outreach workers will: Offer timely response and technical expertise to support public safety for all community members, including service and medical providers, law enforcement, City or County officials, stakeholders, or other community members; o Provide rapid acknowledgement to requests for contact and support to unsheltered homeless individuals or households in Palo Alto. Staff will respond within one business day, Monday Friday; o Locate and support individuals who are on a - list for the City of Palo Alto, or who are the subject of rapid response inquiries in the City; o Offer intervention techniques to community stakeholders on best practices for interacting with unhoused individuals in crisis; o Build rapport and develop positive relationships with business owners, local partners, law enforcement, residents living near to locations where unsheltered individuals congregate or spend significant time, and civic collaborators (including representatives of Stanford University) concerned about homelessness in the community; o Establish a trusted presence as a LifeMoves ambassador within Palo Alto, including wearing LifeMoves-branded attire and associated credentials; o Participate in regular accountability meetings, forge additional connections with other stakeholders, and share trends and lessons learned in the community, and; o Proactively identify and connect with unhoused Palo Alto residents with the goal of moving them to stable housing. Reporting Requisites and Deliverables: Maintain a comprehensive log of outreach activities and contacts, including types of interactions, locations, identified needs/issues, and services, connections, and resources provided Collect and document data as required and assist in compiling statistical data in Housing Management Informational Systems (HMIS) and the client data base Submit detailed outreach reports to the City. Specific items to be tracked will be determined between the City and Provider o LifeMoves (Provider) will provide a quarterly activity report to demonstrate progress toward meeting Scope of Program Services within 15 days of agreed upon deadlines (dates to be determined once contract established). Each report will include information from the previous three months as well as other requested information from the City of Palo Alto. o The final report will focus on the preceding six months, but also provide data on contracted services for the entire contract period. Reports will be prepared in the format agreed upon by the City and LifeMoves (Provider). o Meet at least quarterly with the contract manager to review outreach reports and service provisions Professional Services Rev. Dec.15, 2020 Page 1 of 21 Objectives and Metrics: During the term of the Agreement, Consultant will report on the following objectives: Metric Contract Period (June 2023 June 2025) 1 Number of unduplicated clients who receive outreach and engagement services 200 individuals 2 Number of unduplicated clients who complete a CAS assessment 100 individuals 3 Number of unduplicated clients who are connected to ongoing health services 80 individuals 4 Number of unduplicated clients who are referred for case management services 80 individuals Additional Outcomes: Outreach workers will refer clients to the appropriate agencies for services and may provide case services, enrollment into an interim housing program, and exits to permanent housing will be recorded by the agency providing services; in the case of LifeMoves, through the LifeMoves proprietary database and HMIS, and for other agencies, through requests for information and HMIS. Every effort will be made to report on the following outcomes, but the outcomes are not quantified here because they do not fall under the scope of work of the outreach workers funded through this contract. Outcomes 1 Number of unduplicated clients who participate in case management 2 Number of unduplicated clients who move into shelter 3 Number of unduplicated clients who move into permanent housing Professional Services Rev. Dec.15, 2020 Page 2 of 21 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 . Milestones Completion Number of Days/Weeks (as specified below) from NTP 1. Contract Execution June, 2023 2. Hiring and Training Staff June 2023 3. Program Opens July 1, 2023 4. Program offers outreach services to unhoused individuals. Through contract expiration. 5. 6. 7. 8. 9. 10. 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. Professional Services Rev. Dec.15, 2020 Page 3 of 21 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth 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. Scope Labor Categories Est. Hourly Extended Rate (e.g., Consultant, Sr. Consultant, etc.) Hours Rate Outreach Worker 2884 $ 64.30 $ 185,441.20 Task 1: Outreach & Engagement Outreach Worker 2884 $ 64.30 $ 185,441.20 Supervision 288 $ 96.47 $ 27,783.36 $ 398,665.76 TOTAL NOT TO EXCEED, TASK 1 Outreach Worker 385 $ 64.30 $ 24,755.50 Task 2: Connection to Services Outreach Worker 385 $ 64.30 $ 24,755.50 Supervision 38 $ 96.47 $ 3,665.86 $ 53,176.86 TOTAL NOT TO EXCEED, TASK 2 Outreach Worker 336 $ 64.30 $ 21,604.80 Task 3: Connection to Shelter / Housing Outreach Worker 336 $ 64.30 $ 21,604.80 Supervision 34 $ 96.47 $ 3,279.98 Professional Services Rev. Dec.15, 2020 Page 4 of 21 $ 46,489.58 TOTAL NOT TO EXCEED, TASK 3 TOTAL NOT TO EXCEED (TASKS 1 3) $ 460,000.00 REIMBURSABLE EXPENSES ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. 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: NONE up to the not-to-exceed amount of: $0.00. Professional Services Rev. Dec.15, 2020 Page 5 of 21 EXHIBIT C-1 SCHEDULE OF RATES Hourly Rates: Where the fee arrangement is to be on an hourly basis, the hourly rates shall be as noted below: Managing/Technical Director $300 Senior Director $250 Director $225 Senior Manager $200 Manager $180 Senior Consultant $165 Consultant $110-$140 Administrative Support $110 Professional Services Rev. Dec.15, 2020 Page 6 of 21 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, -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES 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 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 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. Professional Services Rev. Dec.15, 2020 Page 7 of 21 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 Professional Services Rev. Dec.15, 2020 Page 8 of 21