HomeMy WebLinkAboutItem No. 23 - Amend. No. 1 PSA 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: TMP 21-261
Agenda Date: 6/22/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number:
Amendment No. 1 - Agreement for Professional Services with Social Work Action Group
Authorize the City Manager to execute Amendment No. 1 to Agreement for Professional Services with
Social Work Action Group (SWAG) in an amount not to exceed $100,000 in such final form as approved
by the City Attorney.
Page 1 City of Lake Elsinore Printed on 12/29/2023
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Nicole Dailey, Assistant to the City Manager
Date: June 22, 2021
Subject: Amendment No. 1 – Agreement for Professional Services with Social Work
Action Group
Recommendation
Authorize the City Manager to execute Amendment No. 1 to Agreement for Professional Services
with Social Work Action Group (SWAG) in an amount not to exceed $100,000 in such final form
as approved by the City Attorney.
Background
In recent years, homelessness has become one of the most urgent and significant issues facing
California. Since 2017, the City of Lake Elsinore has taken an increasingly proactive approach to
address homelessness. Since March 2018, SWAG has been providing street outreach services
to homeless individuals in Lake Elsinore to assist them in exiting life on the streets. In March
2019, the City of Lake Elsinore, in collaboration with the City of Wildomar and the County of
Riverside District 1 areas was awarded a $1.5 million grant from California’s new Homeless
Emergency Aid Program (HEAP) through the County of Riverside.
This HEAP grant was acquired to fund a comprehensive regional demonstration project to house
homeless individuals through diversion/flex subsidies and rental assistance. The HEAP grant also
provides funding for outreach, navigation, enforcement, case management, supportive services
– into and during housing – and costs of staff, operations, administration, and supplies.
SWAG was identified in the grant submittal as the City’s non-profit partner to provide all related
homeless services. More specifically, as outlined in the Scope of Services, SWAG was tasked
with providing full-service homeless services as requested for the region, i.e. Lake Elsinore,
Wildomar, and surrounding County areas. This includes homeless street outreach services,
housing navigation, ongoing case management and supportive services for those housed and
removed from the streets, housing subsidies and rental agreements with landlords, rental
assistance for those who can be placed into more permanent housing, and community
engagement and education. Subsequently, on August 1, 2019, the City entered into an
Agreement for Professional Services with SWAG to provide such services, see the Original
Agreement in Exhibit B.
The Original Agreement was for an amount not to exceed $1,015,000 through June 30, 2021 with
all costs covered by the HEAP grant. The original agreement was designed to remain flexible to
Social Work Action Group
June 22, 2021
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ensure the region and SWAG can increase/decrease services as needed based on the demands
of our communities and our homeless populations. In addition, the agreement sought to ensure
consistent, continued street outreach services, which is essential to the City’s success in tackling
and addressing homelessness in our community.
In June of 2020, the City Council voted to purchase the property located at 215 W. Graham Ave.
for $2,250,000 to use for Crisis Stabilization Housing. The property, now known as The Anchor,
was purchased and renovated using a $3.1 million Project Homekey grant from the State of
California. The facility officially opened on December 30, 2020. Today, it can house up to 20
homeless individuals at any given time for up to 90 days.
Discussion
The term of the City’s original HEAP grant is coming to an end and all funds must be expended
by June 30, 2021. To date, the City is on target to expend all funds. As stated in the Original
Agreement with SWAG, the organization was to provide full-service support to the City until the
services and related work to their original scope of services were completed.
The City has expended nearly all authorized funds allocated in the Original Agreement with
SWAG. The scope has changed slightly, and additional costs were incurred due to the opening
of The Anchor, which requires on-site 24-7 management and supportive services, which were not
previously anticipated as part of our original agreement. Despite these unexpected expenses, the
City and SWAG have worked together to adjust services appropriately since December 2020 to
cover all related costs within the scope of the original agreement.
In May, the City authorized additional expenditures associated with the new SWAG Lab, which
provides high quality, confidential, and individualized holistic supportive services. The SWAG Lab
seeks to partner with those housed at The Anchor to promote well-being practices such as the
development of skills and experiences that empower them to thrive in all aspects of their lives. All
measures have been researched thoroughly by SWAG and have strong potential to aid Anchor
residents specifically.
As such, the City is seeking to increase the compensation amount on the Original Agreement with
SWAG by $100,000 to $1,115,000 for services provided through June 30, 2021. See Amendment
No. 1 (Exhibit A). These additional costs will be fully covered by the HEAP grant and must be
spent by the end of the fiscal year.
The City has been satisfied with SWAG’s performance and services and recommends the City
Council approve this amendment to further our efforts to help those in need in our community.
Fiscal Impact
The fiscal impact is up to $100,000 for Fiscal Year 2020/2021 and will be covered by the HEAP
grant provided by and reimbursable through the County of Riverside Continuum of Care.
Exhibits
A – Amendment No. 1
B – Original Agreement
1
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONALSERVICES
Social Work Action Group (SWAG)
Homeless Outreach, Housing and Supportive Services
This Amendment No. 1 to Agreement for Professional Services (“Amendment No. 1’) is
made and entered into as of June __, 2021, 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 and Consultant have entered into that certain Agreement for Professional
Services dated as of August 1, 2019 (the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B. The Original Agreement provided for compensation to Consultant in the amount of
$1,015,000 for work to be completed consistent with Consultant’s Proposal attached as Exhibit A
to the Original Agreement.
C. The parties now desire to amend the scope of services and increase the aggregate
compensation to an amount not to exceed $1,115,000 as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 3, Compensation, of the Original Agreement is hereby amended to add
the following:
Notwithstanding the foregoing, upon approval of Amendment No. 1,
additional compensation of $100,000 shall be available for compensation
to Consultant in accordance with the fees set forth in Consultant’s Proposal
(Exhibit A to the Original Agreement) for services provided through June
30, 2021.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
2
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
“CONSULTANT”
SOCIAL WORK ACTION GROUP, a California
non-profit corporation
Name:
Title:
Date:
Attachments: Exhibit A-1 – June 14, 2021 Consultant’s Proposal
EXHIBIT A-1
JUNE 14, 2021 CONSULTANT’S PROPOSAL
[ATTACHED]
SWAG HEAP - Exhibit A - FINAL2 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Social Work Action Group
Homeless Outreach, Housing and Supportive Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of August 1, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Social Work Action Group (SWAG), a non-profit organization ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Full-service, homeless street outreach, housing navigation, ongoing case management,
supportive services, housing subsidies, rental assistance, and community engagement in support
of the City of Lake Elsinore, Wildomar, and surrounding county areas.
B. Consultant has submitted to City a proposal, dated September 17, 2019, 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 (Exhibit A), 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
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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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 one million
fifteen thousand dollars ($1,015,000) 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. Contractor 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. Contractor’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 Contractor provides services. Contractor’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 Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Reserved.
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.
7. 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 acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
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be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City’s use of such materials in a manner beyond
the intended purpose as set forth herein.
a. 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.
b. 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 maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
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
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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. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
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.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, 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.
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).)
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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. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
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
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
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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.
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. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
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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.
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)
4055 Jurupa Avenue, Room 25
Riverside, CA 92506
18. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
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communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. Execution. 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.
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Page 9
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
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. 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.
29. 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.
30. 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.
31. Execution. 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.
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
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
CONSULTANT”
Social Work Action Group, a non-profit
organization
By: Aaron Petroff
Its: Group Director
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
ATTACHED]
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
ATTACHED]
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819
Social Work Action Group
Scope of Homeless Services
House LE/House Wildomar Pro gram
Serving Humanity
Innovation + Accountability + Responsibility
Community Involvement
September 17, 2019
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819
1 | P a g e - S W A G H O U S E L E / H O U S E W I L D O M A R P R O P O S A L
SOCIAL WORK ACTION GROUP
Addressing Homeless in the City of Lake Elsinore, City of Wildomar and Surrounding County Areas
Purpose
Social Work Action Group (SWAG) will coordinate efforts with the City of Lake Elsinore, City of Wildomar
and District 1 of Riverside County, on the House LE/ Wildomar HEAP Project, to effectively address and
reduce the homeless population. SWAG will provide consistent and intensive case management services to
individuals living on the streets and provide housing navigation and case management services to those
that are housed. Assisting these most vulnerable and service resistant individuals will result in a direct
savings to city facilities and staff, law enforcement, paramedics/fire, business and improve the overall
quality of life for the Cities of Lake Elsinore and Wildomar.
About Us
The SWAG team is made up of individuals who have a solid foundation in social services. Our expertise is in
program design and implementation of direct services to the chronically homeless. SWAG team members
have extensive experience dealing with homelessness at the city, county and federal level. Team members
have direct street outreach experience, program supportive housing case management and management
of homeless housing programs such as Tenant-Based Rental Assistance, Emergency Solutions Grants, Rapid
Rehousing for families and Permanent Supportive Housing for individuals and families. Additionally, all staff
has participated in mental health first responder and substance abuse training. Our innovative and
systematic approach towards addressing homelessness is not geared towards the services themselves, but
rather the ultimate outcome of measurable success.
KEY ACTIVITIES
1. Outreach/ Case Management to the unsheltered homeless
Street outreach/ case management must be intensive, consistent, strategic and needs the
partnership of city staff and law enforcement to identify and locate those living on the streets and
most vulnerable. When meeting an individual on the street, we complete an intake assessment
that addresses the individual’s issues and behaviors that resulted in their homelessness. We then
develop an action plan that directs our activities and interactions with the individual to achieve
specific outcomes both short and long term. Quite often, this includes linkage to mental health and
substance abuse treatment services and ultimately a permanent housing solution.
2. Outreach to the community at-large
SWAG will develop informational content, which will include material for an anti-panhandling/
compassionate giving campaign and disseminate it throughout the community, as we believe
coordination of efforts is essential. 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. This will be done through the distribution of posters, flyers and electronic format. SWAG
will begin with addressing community partners, which include first responders, service providers,
faith-based organizations, non-profits, community groups and businesses.
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2 | P a g e - S W A G H O U S E L E / H O U S E W I L D O M A R P R O P O S A L
3. Census of unsheltered homeless
In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered
homeless population. City staff, Riverside County Sheriff’s Department and SWAG will work
together to accurately locate, identify, survey and track individuals, through the creation of a by-
name list. A comprehensive assessment will provide an in-depth look at the individual, the
circumstances and incidents that led to homelessness such as severe trauma(s). We will also detail
one’s connections and support systems in the city to leverage those individuals and incorporate
those resources. This information will be used to develop an individualized action plan. This will be
done on an ongoing basis as new individuals enter the city.
4. Housing Navigation and Rental Assistance
Housing Navigation bridges the gap between homelessness and stable housing by connecting
individuals and families to permanent housing solutions. The SWAG team will connect our clients
to housing, supporting the clients and maintaining strong, sustainable relationships with landlords,
property owners and leaders in the Lake Elsinore and Wildomar communities. Rental assistance
and flexible housing subsidies will be utilized at the discretion of SWAG and the City of Lake
Elsinore, City of Wildomar and District 1.
5. Measurable Outcomes
SWAG’s programs are all designed with an ultimate goal of obtaining true measurable outcomes.
Traditionally, social service programs are centered around the delivery of services. We start with a
measurable outcome and then devise a series of activities and services to support and obtain the
measurable outcome.
Unsheltered Homeless Individuals/Families
A total of 120 individuals will be served by the project and a minimum of 40 individuals will be
provided housing/rental assistance.
Community Outreach
Outreach to businesses to educate them on homeless services. SWAG will generate a tracking
log of all businesses encountered and provide information to the City of Lake Elsinore.
Outreach to faith-based organizations as identified by the Cities of Lake Elsinore and Wildomar
and community asset strategic mapping activities.
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3 | P a g e - S W A G H O U S E L E / H O U S E W I L D O M A R P R O P O S A L
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. SWAG’s services will include street outreach, housing
navigation, ongoing case management and supportive services for those who have been housed and
exited life on the streets, housing subsidies and rental agreements with landlords, rental assistance and
community engagement and education. The SWAG Homeless Services Team will be overseen by both
the SWAG Executive Director and Director of Programs to ensure program efficiency and success and
to provide the City of Lake Elsinore with additional community support. The SWAG homeless services
team will follow a Monday-Friday, 8am-5pm schedule and will be available on Saturday and Sunday
when necessary to meet the needs of the community and project.
Full-time, approximately 40 hours per week will be provided at a cost not to exceed $500,000 for all
related SWAG services. In addition, SWAG will administer and manage the House LE/House Wildomar
housing subsidies and assistance programs in amount not to exceed $515,000. The term of this
agreement will be from August 1, 2019 to June 30, 2021. All services will be billed on an hourly basis
each month to allow flexibility in meeting the service demands of the cities and District 1. Funds have
also been allocated for key capital costs, transportation and related admin costs. In addition, funds
have been proposed as contingency funds to be used for services/special needs to best assist the
homeless such as food, gift cards, housing supplies, etc. Housing funds will be billed as they are spent
to house those in need, and all assistance will be approved by the Homeless Task Force and/or City
staff.
SWAG will provide the following activities and services:
Respond to homeless service requests made to and by the City of Lake Elsinore, City of Wildomar
and District 1 in a timely manner.
Homeless Street Outreach/ Case Management will be conducted to address specific “hot spot”
areas as identified by SWAG, City of Lake Elsinore staff and the Sheriff’s Department.
All individuals encountered will be included in the by-name list.
Individuals found living on the streets will be assessed and provided intensive case management
services to exit life on the streets, which includes but are not limited to: obtaining admittance and
transportation to emergency shelter options, alcohol and drug treatment, linkage to mental and
physical health providers, appropriate housing solutions, etc.
Provide strategic rental subsidies and assistance to up to 40 individuals this includes securing
housing opportunities and entering into rental agreements or partnerships as needed. SWAG will
work with the region to develop a rental assistance and subsidy program. This includes
development of lease agreements, standards, landlord incentives, requirements and
administration of subsidies/assistance. Rental assistance and flexible housing subsidies will be
utilized at the discretion of SWAG, City of Lake Elsinore, City of Wildomar and District 1. This
assistance including payment will be managed by SWAG. These will be billed as needed and will
not exceed a total cost of $515,500.
Facilitate community asset mapping for strategic coordination and alignment of community
resources that serve the homeless population.
Assist with coordination and facilitation of Homeless Community Outreach Coalition meetings.
Provide support to the cities and county through trainings, presentations and sharing updates
related to trends in regional homeless efforts.
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4 | P a g e - S W A G H O U S E L E / H O U S E W I L D O M A R P R O P O S A L
Data collection of key activities and results, community partners/businesses engaged will be
reported to the City of Lake Elsinore, City of Wildomar and t on a monthly and quarterly basis.
Attend and participate in City Council meetings and city sponsored events, as requested.
Overall, SWAG will assist in the full implementation of the proposed House LE/House Wildomar
program as outlined in the originally proposed timeline of activities for the Homeless Emergency
Aid Program funding. All activities will be implemented as outlined. However, may be adjusted as
needed to fulfill the overall purpose of the proposed House LE/House Wildomar program – to get
the chronic homeless off the streets. See attached timeline – Exhibit A.
SWAG SERVICES – BILLING & BUDGET BREAKDOWN
Hourly Services
Street and Community Outreach, Housing Navigation Services $40 per hour
Case Management and Supportive Services $40 per hour
One-Time & Monthly Costs
Capital Costs (one-time) Up to $15,000
Transportation Costs (monthly) $1,400 per month
Administration Costs (monthly) $600 per month
Contingency Funds (as needed) Up to $30,200
Housing Costs
Housing Funds (as needed/used)
rental assistance, vouchers, subsidies, landlord incentives)
Amount varies by individual/program.
All assistance will be documented appropriately and submitted
to the City for reimbursement.
Up to $515,000
CONTRACT TOTAL (AUGUST 1, 2019 – JUNE 30, 2021)
NOT TO EXCEED
1,015,000
Invoices will be submitted to the City each month within 30 days of the month end. Each invoice will
outline all related costs in each category. Related supporting documentation will be provided.
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819
DocuSign Envelope lD: 4C91EBBE-5830-4CDA-9490-F2BCBO7DE6FE
CERTIFICATE HOLDER CANCELLATION
o 1988.2015 ACORD CORPORATION.
The ACORD name and logo are registered marks of ACORD
Printed by NFD on April
All rights reserved.
16, 2019 at 03:08PM
tonif
CERTIFICATE OF LIABILITY INSURANCE
oATE (ilil,DD/YYYY)
o&t,tcl2f}t9
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRI'ATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL]C]ES
8ELOW. THIS CERTIFICATE OF INSURANCE OOES I.IOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, A}.ID THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policaes may requirc an endorsement. A statement on
thiscertificatedoesnotconferrightstothecerlificalehoiderinlieuofsuchendorsement(s).
PRODUCER
DFI - DiGerolamo Family lnsurance Services
2027 Hamner Ave
Norco, CA 92860
License #: 0D25889
f?XIi"' Nick DiGerotamo
lll8.*"t*,,u (g5t)z3s-sess liI. *o,, (951)735-37s8
i3HE"=, nick@dfiinsurance.com
INSURER(S) AFFORDING COVERAGE NAIC #
rt{suRER A: Nonorofits lnsurance Alliance of Califomia
lNsuRED Social Work Action Group
DBA SWAG
28497 Highway 74
Bl't3
Slata Comnancafion lnsrrranca Frrnd 30576
INSURER C
INSURER E:
INSURER F:
CERTIFICATE
TNIS IS TO CENTITY THNT TNE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF ITSURANCE
iUBR
POLICY NUMBER LltflTs
A x- . coMMERCIAL GENERAL LlABlLlrY
cLATMS-MADE X occun
GEN'L AGGREGATE LIMIT APPLIES PER:'x
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PREIlIISES G
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s 1.000.000s2,000,000
E 2.000.000
A AUTOilOBILE LIABIUTY
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AUTOS ONLY AUTOS ONLY
X $'1,000 Dedct.
2019-5891o-AUTO o3/11/2ole o311112020
UUM6INEU )IN9LE LIMI I
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BODILY INJURY (Per peBon)
1,000,000
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PROPERW DAMAGE s
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UMBRELLALIAB OCCUR
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DESCRtpTIOitOFOPERAT|OI{StLOCATIONSMHICLES (ACORDlOl,AdditionalRomarkssch.dulo,maybeattachedif mor.sP€cei3roqul.od}
The City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
THE EXPIRATION OATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS,
AUTHORIZEO
ACORD 25 (2016/03)
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819
BUSINESS NAME: SOCIAL WORKACTION GROUP
BUSINESS
LOCATION:
4055 JURUPA AVE RM 25
RIVERSIDE, CA 92506
BUSTNESS LTCENSE NO. Llc-2018-00734
BUSINESS TYPEI NON-PROFIT/MISCELLANEOUS
OESCRtpTtON: PROVIDINGHOMELESSSERVICES
lssue Date: 1011212018
Expiration Date: 10131 12019
owNER NAME: I\IONICA PETROFF
AARON PETROFF
SOCIAL WORK ACTION GROUP
4055 JURUPA AVE RM 25
RIVERSIDE. CA 92506
DocuSign Envelope ID: A8C8A1BA-581D-4548-9B8A-2AC8DB6EE819