HomeMy WebLinkAboutItem No. 13 - Social Work Action GroupCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-251
Agenda Date: 6/28/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 13)
Agreement for Professional Services with Social Work Action Group (SWAG) for Street
Outreach and Emergency Housing Services
Approve and authorize the City Manager to execute an agreement for Professional Services with Social
Work Action Group (SWAG) for Street Outreach and Emergency Housing Services in an amount not to
exceed $569,280 in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 6/23/2022
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Alex Teahen, Management Analyst
Date: June 28, 2022
Subject: Agreement for Professional Services with Social Work Action Group (SWAG)
for Street Outreach and Emergency Housing Services
Recommendation
Approve and authorize the City Manager to execute an agreement for Professional Services with
Social Work Action Group (SWAG) for Street Outreach and Emergency Housing Services in an
amount not to exceed $569,280 in such final form as approved by the City Attorney.
Background
Homelessness is a top priority for the City of Lake Elsinore and the State of California as a whole.
Since the creation of the City’s first Homeless Task Force in 2017, Lake Elsinore has made
significant strides to assist our most vulnerable residents off the streets while seeking effective
methods of reducing our homeless population to achieve functional zero for chronic
homelessness.
A key member in achieving this goal is the Social Work Action Group (SWAG) – the City’s
nonprofit partner. Over the past four years, SWAG has helped the City conduct street outreach,
provide housing navigation, and offer case management services to chronic homeless individuals.
In addition to street outreach, SWAG has operated The Anchor since it opened in December
2020. The facility provides 14 crisis stabilization housing units with up to 20 beds for chronic
homeless individuals, for a duration of up to 90 days.
The partnership over the last four years has allowed the City of Lake Elsinore to establish a full -
time street outreach team comprised of City code enforcement, the Lake Elsinore Sheriff’s
Station, and SWAG, which has resulted in a 53 percent drop in homeless residents from 2018 to
2022.
To date, street outreach services have been funded by a variety of grants including: California’s
Homeless Emergency Aid Program (HEAP), the Homeless Housing, Assistance, and Prevention
Program (HHAP), and an Emergency Solutions Grant – Coronavirus (ESG-CV) from Riverside
County’s Continuum of Care (CoC). Since 2019, the City has secured approximately $6 million
toward its homeless efforts. Staff continues to seek all applicable grant funding available to assist
in funding its homeless efforts.
Social Work Action Group Agreement
June 28, 2022
Page 2
Discussion
In June 2021, the City of Lake Elsinore was awarded $681,506.50 from the ESG-CV grant from
the County of Riverside Housing, Homelessness Prevention and Workforce Solutions Continuum
of Care Division, to fund street outreach and emergency housing services during the Coronavirus
pandemic. Street outreach services and emergency housing services are necessary for the City
to continue taking an aggressive and progressive approach to homelessness. The City has used
73% ($499,281) of this grant, and has $182,225 remaining, which is expected to be expended by
October 2022.
The proposed agreement provides funding to continue SWAG’s street outreach and emergency
housing services past October 2022. Street outreach services include conducting weekly
outreach events in the City’s “hot spot” areas, responding to homeless service requests, and
assessing and providing assistance to homeless individuals. Funding for emergency housing
services will be used to maintain an existing lease for three (3) units at the Elsinore Hot Springs
Motel, for SWAG staffing, and to maintain and clean the units.
With ESG-CV funding coming to an end, the proposed professional services agreement aims to
prevent an interruption in services in order to continue the City’s mission to end homelessness.
The ESG-CV grant has been used exclusively to fund these services since July 2021, however a
new agreement is required prior to the grant being fully expended by October 2022.
Services related to the management of The Anchor facility are not included in this agreement.
Fiscal Impact
The fiscal impact for FY22-23 will be partially covered by the ESG-CV grant provided by and
reimbursable through the County of Riverside Housing, Homelessness Prevention, and
Workforce Solutions Continuum of Care Division. All ESG-CV funding is expected to be expended
by October 2022. The remaining balance of $387,000 is included in the Annual Operating Budget.
Exhibits
A – Agreement
B – Scope of Services
@BCL@A417FD92 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Social Work Action Group
Street Outreach and Emergency Housing Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of June 28, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Social Work Action Group, a California non-profit corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
A non-profit partner to lead and facilitate full service, regionwide homeless street outreach and
emergency housing services. This includes responding to homelessness requests, weekly street
outreach events, ongoing collaboration with the City and its partners, securing and maintaining
emergency housing options, case management and supportive services, maintaining and
participating in all required reporting systems, and ongoing community outreach.
B. Consultant has submitted to City a proposal, dated June 21, 2022, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
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Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed Five
Hundred Sixty-Nine Thousand Two Hundred Eighty dollars ($569,280) without additional written
authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant ’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall establish and maintain financial, programmatic, statistical,
and other supporting records of its operations and financial activities in accordance with 24 CFR
570, Part 84, 570.506, and OMB Circulars, A-122, and A-133, as applicable, as they relate to the
acceptance and use of federal funds under this Agreement. Said records shall be retained for
such time as may be required by the regulations of the Housing and Community Development
Act, but in no case for less than five (5) years from the date of this Agreement.
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b. Consultant shall obtain an external audit in accordance with the U.S.
Department of Housing and Urban Development single audit regulations (24 CFR Part 44.6).
Audits shall usually be performed annually but not less frequently than every two years. Nonprofit
institutions and government agencies that expend less than $750,000 a year in Federal awards
are exempt from Federal audit requirements, but records must be available for review by
appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be
submitted to the CITY within 180 days after the end of the CITY'S fiscal year.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
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11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
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or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Social Work Action Group
Attn: Aaron Petroff, Group Director
301 N. Spring St.
Lake Elsinore, CA 92530
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
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make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Social Work Action Group, a California non-
profit corporation
By: Aaron Petroff
Its: Group Director
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Street Outreach & Emergency Shelter Scope of Services
Street outreach and emergency shelters services will be provided by the Social Work Action Group
(SWAG) as a coordinated effort to make contact and provide services for homeless residents in the City
of Lake Elsinore and in neighboring regions. Services are facilitated by SWAG members who are trained
in how to effectively communicate and connect with homeless residents in a manner that encourages
potential clients to receive services and seek housing sustainability. Ultimately, the main goal of our
services is to have residents follow the steps and resources provided by SWAG.
The aforementioned steps and services include ongoing contact, treatment, crisis stabilization housing,
and eventually building a path towards permanent housing. As the first step, street outreach and
emergency shelter services are vital aspects of reducing homelessness in the City of Lake Elsinore as well
as helping our most vulnerable residents.
SCOPE OF SERVICES
Social Work Action Group (SWAG) will work in conjunction with the City of Lake Elsinore to facilitate and
lead the overall scope of homeless services for the City of Lake Elsinore. Services will be provided with
flexibility to meet the needs of the community from July 1, 2022 through June 30, 2023. SWAG will
provide the following activities and services:
STREET OUTREACH:
a. Respond to homeless service requests made by the City of Lake Elsinore within one business day .
This includes weekly outreach events in the City of Lake Elsinore, Wildomar and surrounding County
areas.
b. Homeless Street Outreach will be conducted in partnership with law enforcement to address
specific “hot spot” areas and individuals who have requested assistance through the Homeless
Hotline as identified by SWAG, City of Lake Elsinore staff and the Riverside Sheriff's Department.
c. The focus will be on working with the unsheltered population who are NOT connected with other
services such as day centers and emergency shelters, as these persons can access services and case
management from these providers. This effort is aimed at reaching those who cannot or will not
reach or navigate services on their own. The outreach team will target, when possible, the most
vulnerable including seniors, unaccompanied women, youth, and veterans.
d. Homeless youth, individuals fleeing domestic violence, newly homeless and individuals at risk of
homelessness, will be provided connection to resources including housing voucher applications and
county services navigation.
e. All individuals encountered will be included in the by-name list specifically maintained for the City of
Lake Elsinore. This list will be shared with the City within 30 days of the conclusion of each month.
f. All individuals referred to SWAG or encountered will be included on a “live” document shared
between SWAG and the City that will track requests for assistance, actions taken to assist the
individual, and their personal action plan.
g. Individuals referred to SWAG or found living on the streets will be assessed and provided assistance
to exit life on the streets. Services include obtaining admittance and transportation to emergency
shelter options, alcohol and drug treatment, connection to mental and physical health providers,
case management, etc.
h. All efforts will be made to achieve established benchmarks for this program which include serving
up to 90 households and/or persons, connecting 75 households and/or persons with any kind of
housing and/or services, and making every effort to avoid having people exit back into
homelessness.
EMERGENCY SHELTER SERVICES:
a. Lease up to three (3) motel units per month, based on availability and need, to provide an
immediate shelter option for those chronically homeless through October 30, 2022.
b. Individuals housed will be from Lake Elsinore, Wildomar and/or the surrounding county areas and
will be selected and placed by the Lake Elsinore’s Outreach Team.
c. Maintain minimum safety, sanitation, and privacy standards of emergency shelter units including
supplies, food, maintenance and housekeeping services.
d. All program participants who receive Emergency Shelter assistance meet the eligibility criteria of
HUD’s criteria for defining homelessness, i.e. paragraph (1), (2), or (4) of the “homeless” definition in
§ 576.2.
e. Occupants will not be required to sign leases or occupancy agreements. Team to provide a Housing
First approach, offering immediate and low-barrier access to anyone facing a housing crisis.
Emergency stays, when deemed necessary, should be limited to the shortest time possible to help
participants regain permanent housing.
f. Diversion strategies will be used to help homeless individuals identify and access safe alternatives to
an emergency shelter quickly. Diversion includes services such as: creative problem-solving
conversations; connecting with community resources and family supports; housing search and
placement to help individuals and families resolve their immediate housing crisis.
g. Provide essential services to individuals and families in emergency housing such as case
management, employment assistance and job training, outpatient health services, legal services, life
skills, mental health services, substance abuse treatment services, and transportation and other
services, as needed based on the funding available and needs of the individual.
h. All efforts will be made to achieve established benchmarks for this program which include serving
up to 12 households and/or persons, helping 8 households and/or persons achieve housing stability,
and providing mainstream benefits and/or income/employment support to 80% or more.
ADMINISTRATION & COORDINATION EFFORTS:
a. Conduct Riverside County housing assessments (VI-SPDAT) to unsheltered homeless individuals and
families and provide navigation services.
b. Participate in Coordinated Entry System (CES) and maintain working relationships with other service
providers.
c. SWAG will conduct/participate in Homeless Management Information System (HMIS)
responsibilities. These duties will be facilitated by an HMIS coordinator who will be tasked with
collecting client level data and detailing individuals/groups who are prone to homelessness. Each
individual will be entered into HMIS upon obtaining essential and required HMIS documentation. If
an individual does not have proper documentation, SWAG will provide resources and/or assistance
obtaining vital documents.
d. A comprehensive street outreach file will be created/maintained for each individual that includes at
least the following documentation:
o Proof of Eligibility
o Program Intake Documents such as HMIS Release of Information, Notice of Privacy
Practices, participant grievance, consent form and identification, etc.
o Case notes and plan showing a plan developed by the Case Manager to assist the individual
in entering permanent housing or sheltered services.
o Back up documentation for all efforts including referrals made or services provided.
o Program discharge/exit paperwork.
e. Actively participate in the City’s monthly Homeless Task Force Meetings and Riverside County
Behavioral Health Crisis Team meetings.
f. Assist with coordination and facilitation of the Homeless Outreach Community Coalition meetings.
g. Participate in city sponsored community events, as requested.
h. Participate in weekly Coordinated Entry Housing Navigation meetings to advocate and ensure clients
are being linked to Riverside County Continuum of Care housing resources.
i. Connect the unsheltered homeless population to appropriate housing solutions throughout
Riverside County.
j. SWAG will assist in developing informational content, which will include material for the regional
anti-panhandling campaign and disseminate it throughout the community. The campaign will
encourage stakeholders, faith-based groups, community groups, businesses, and concerned
residents to discourage well-intended activities that enable the chronically homeless to remain on
the streets and focus their efforts on long-term solutions.
k. Provide support to the City of Lake Elsinore through training, presentations and sharing updates
related to trends in regional homeless efforts.
l. Data collection of key activities and results, community partners/businesses engaged will be
reported to the City of Lake Elsinore on a monthly and quarterly basis.
m. Attend and participate in City Council meetings, as requested.
n. To assist with grant and financial reporting requirements, SWAG will send payroll journals, mileage
tracking documentation, employee timecards, vendor invoices, reports of services offered, and
other related reporting documents to the City within 30 days of the conclusion of each month.
o. All individuals referred to SWAG or encountered will be included on a “live” document shared with
SWAG and the City that will track requests for assistance, actions taken to assist the individual, and
their personal action plan for both, Street Outreach and Emergency Housing services.
All services provided by SWAG will be provided at the following rate and/or costs. Below is projected
estimate for services. All services will be billed monthly at an hourly rate for staffing and as one-time
costs for all other direct costs not to exceed the amounts shown below. Emergency Shelter Services
offering is subject to change upon completion of ESG grant funding, which is expected to be complete by
October 2022.
STREET OUTREACH SERVICES:
Street Outreach Direct Staffing Costs:
Two (2) Full Time Outreach Workers - $45/hour
o Estimated monthly cost is $15,642. Not to exceed $16,560 a month.
Part-time Case Manager- $65/ hour
o Estimated monthly cost is $5,648. Not to exceed $5,700 per month.
Other Direct Costs:
Mileage Reimbursement - $0.585/mile per State Guidelines
o Estimated monthly cost is $1,000. Not to exceed $1,500 per month.
EMERGENCY SHELTER SERVICES:
Direct Staffing Costs:
Part-time Case Manager- $65/ hour
o Estimated monthly cost is $5,648. Not to exceed $5,700 per month.
Other Direct Costs:
Leasing and Cleaning/Maintenance of three (3) Motel Rooms
o Estimated monthly cost is $7,600. Not to exceed $8,500 per month.
ADMINISTRATIVE SERVICES:
One (1) Full-Time HMIS Coordinator for Street Outreach and Emergency Shelter Services - $45/hour
o Estimated monthly cost is $7,821. Not to exceed $8,280 a month.
Supervision/Management Oversight - $150/hour
o Estimated monthly cost is $1,200. Not to exceed $1,200 a month.
TOTAL ESTIMATED COSTS FOR SERVICES:
Service Estimated Monthly Cost Maximum Monthly Cost
Street Outreach Services $22,290 $23,760
Emergency Shelter Services $13,248 $14,200
Administrative Services $9,021 $9,480
Total Cost Monthly $44,559 $47,440
Annual Total Cost $534,708 $569,280