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HomeMy WebLinkAboutA8465 - COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS I I i FACILITY USE AGREEMENT between City of Palm Springs and Coachella Valley Association.of Governments This Facility Use Agreement (the "Agreement") is made by and between the City of Palm Springs, a municipal corporation and charter city ("City") and the Coachella Valley Association of Governments, a Joint powers authority ("CVAG"), effective as of December 1, 2019 regardless of the date of execution, with respect to the matters herein. The City and CVAG are sometimes referred to herein as the "Parties." s i Recitals A. The City and CVAG find the number of unsheltered homeless individuals in Palm Springs and throughout Coachella Valley to be unacceptably high. B. The City and CVAG share the mutual goal of helping people exit homelessness into housing solutions they can sustain over time. C. The path to self-sufficiency and successfully exiting homelessness must include access to benefits and supportive services to address the root causes that led to homelessness in the first place. D. Individuals have a higher rate of successfully exiting unsheltered homelessness permanently when these services are accompanied by intensive case management and when their immediate concerns regarding shelter are resolved through temporary placement In housing. E. The model of assisted diversion accompanied with case management and bridge or transitional housing Is a cost effective housing-first best practice to help unsheltered homeless individuals exit homelessness quickly. F. Overnight shelter beds In Coachella Valley are concentrated in eastern Coachella Valley while the number of unsheltered homeless Individuals in Palm Springs and western Coachella Valley continue to grow. G. Conditions faced by unsheltered homeless individuals in desert regions like Coachella Valley can be uniquely harsh, including periodic episodes of extreme weather conditions that create the potential for a public health crisis among those homeless individuals that are either resistant to traditional shelter or in need of low barrier access to overnight relief. H. CVAG has received funding for its regional CV Housing First program from Riverside County and other sources earmarked for use to combine street outreach coordinated with trained public safety officers with a central location to accept referrals and deliver services in western Coachella Valley and placement in bridge housing units with intensive case management; including funding specifically for operations in Palm Springs and western Coachella Valley. I. CVAG has entered into a contract with Path of Life Ministries as primary program operator ("Program Operator") to implement and manage outreach, supportive services, case management, City of Palm Springs—CVAG Facility Use Agreement—Page 1 i i and acquisition and management of bridge /crisis stabilization housing units as part of CV Housing i First. 1. As a regional council of governments, CVAG is uniquely positioned to bring together multiple entitles needed for effectively addressing unsheltered homelessness in Coachella Valley through collective impact. K. The City owns facilities that are available, under-used and would be appropriate to support implementation of CV Housing First projects. L. The City and CVAG desire to enter into an agreement that will allow CVAG and its primary program operator to use City-owned facilities to implement'the Homeless Access Center,Supportive Services, and Bridge/Crisis,Stabilization Housing project as part of CV Housing First. M. It Is recognized by the City and CVAG that implementing these services in Palm Springs and western Coachella Valley benefits the Valley as a whole by alleviating strain on existing shelter beds,mainly located in eastern Coachella Valley,which are often at capacity. Agreement NOW,THEREFORE,the City and CVAG mutually agree to the following terms and conditions: 1. TERM. The term of this Agreement shall begin on December 1,.2019, and expire on July 1, 2021, unless extended or terminated as provided in this Agreement ("Term"). The Parties, at their sole discretion, may agree in writing on extensions to the Term subject to negotiation.The City Manager shall have the authority, on behalf of the City, to agree to any such extension, subject to appropriation of funds, if needed, by Palm Springs City Council. 2. SUPPLEMENTAL USE AGREEMENTS. Supplemental Use Agreements governing specific partnerships in relation to this program and project are contemplated by the Parties and shall be executed pursuant to this Facilities Use Agreement.This provision shall not be construed to prevent the City and CVAG from entering into other agreements relating to these projects and programs not specifically mentioned herein. 3. PREMISES, The premises governed by this Agreement ("the Premises") shall consist of an existing building located at 225 El Cielo Road in Palm Springs,CA which Is owned and maintained by the City. In general, In making its facilities available pursuant to this Agreement, the City shall give CVAG priority over other non-City users. 4. USE OF PREMISES.The Premises at 225 El Cielo Drive shall be used by CVAG and its primary program operator, Path of Life Ministries("Program Operator"),and other entities yet to be determined,as a home base for coordinated street outreach, delivery of immediate care and supportive services, case management,and co-located service delivery. S. OBLIGATIONS OF THE PARTIES. City of Palm Springs—CVAG Facility Use Agreement—Page 2 f I 1 P I A. The City shall provide access the Premises to CVAG, Program Operator, and other partners as yet to be undetermined, in the manner set forth below for the term of this Agreement at no cost to CVAG; Program Operator or other partners. B. CVAG shall, at its sole cost and expense, provide the scope of services set forth in Exhibit A attached hereto and incorporated herein by this reference ("Scope of Services"), which shall support the Homeless Access Center, 25 Familiar Faces, and related activities (the "Project"). CVAG's Executive Director, or his or her designee, shall be responsible for the direction and supervision of CVAG programs and projects on the Premises. C. The Program Operator shall serve as the primary facility operator, responsible for performing the scope of services set forth in Exhibit A. CVAG's agreements with its Program Operator and other partners shall be made available to City upon request. D. The City Manager, or his or her designee, and CVAG Executive Director, or his or her designee, shall jointly establish a shared calendar for CVAG's use of the Premises. Revisions may be made as needed by mutual agreement of the City Manager and CVAG Executive Director. CVAG and the Program Operator shall update and oversee calendar coordination, and provide updates to the City as requested. Revisions involving significant operational changes may be made at any time upon mutual agreement of the City Manager and CVAG Executive Director. E. The City shall ensure that clean and conveniently located restroom facilities are open and available for use by all program and project participants. F. The City will be responsible forthe physical condition of the Premises and for bearing the cost of property-related expenses, including utilities, maintenance, repairs, and tenant improvements needed to operate the program at the Premises. The City will, under separate agreements, make all.arrangements.for all Project location expenses and any required City permits. G. The Parties acknowledge that shower and laundering facilities are required for Project participants to promote proper hygiene, safety and building cleanliness. The City shall be responsible and pay for associated utilities, and take other actions to ensure that showers and other necessary amenities are included in the Project, at the Premises. However, and notwithstanding subparagraph F. of this Section 5, the Program Operator will maintain shower cleanliness during operating hours. H. Except as specified in this Agreement,responsibility for necessary improvements and equipment shall be rented, purchased,owned,Installed,maintained,and.repaired as specified In Exhibit A. I. The City, CVAG,and the Program Operator shall comply with any and all federal,state and local laws and regulations applicable to the'respective Parties for the Program and Project. 1 All CVAG and Program Operator employees who are assigned to the Project shall be subject to the management and direction of CVAG and the Program Operator, respectively, and not the City. CVAG and the Program Operator, respectively, will be responsible for all employer obligations toward the employees (such as compensation, benefits and workers compensation coverage) and for compliance with all applicable labor laws. The Parties are independent contractors; neither CVAG nor the City shall have any obligations as an employer to the other Party's employees;the Parties are not engaged in a partnership or joint venture of any kind; and the Parties do not assume any liability or responsibility to each other or any third parties,except as specifically expressed in this Agreement. City of Palm Springs—CVAG Facility Use Agreement—Page 3 f I i Ili f 6. Indemnity and Release.The City hereby agrees to indemnify, defend, and hold harmless CVAG and its officers, directors, employees, agents and Independent contractors Working on the Project l (collectively, "Indemnitees")from and against and all of claims, causes of action,obligations,losses, i liabilities, judgments, or damages, including reasonable attorney's fees and costs of litigation (collectively"Claims")arising out of and/or in any way relating to City's activities in the performance of this Agreement, or to City's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages to the extent caused by the negligence or willful misconduct of CVAG or its Indemnitees. CVAG hereby agrees to indemnify, defend, and hold harmless City and Its elected officials, officers, directors, employees, agents and independent contractors working on the Project (collectively, "Indemnitees") from and against and all of claims,causes of action, obligations, losses, liabilities, judgments, or damages, Including reasonable attorney's fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to CVAG's activities in the performance of this Agreement, or to CVAG's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages to the extent caused by the negligence or willful misconduct of City or Its Indemnitees. I 7. Primary Program Operator's-Insurance Obligation. CVAG shall require that the Primary Program Operator, Path of Life Ministries secure the following types and amounts of insurance prior to assuming operation.of the Premises at Program Operator's sole cost and expense, as well as other General Assurance Provisions applicable to all coverages as specified in the Agreement between CVAG and the Primary Program Operator for operation of the program: o Workers' Compensation. Primary Program Operator shall procure and maintain statutory Workers' Compensation insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including occupational disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of.CVAG and City, and, lf.appllcable, to provide a Borrowed Servant/Alternate Employer Endorsement. • Commercial _General .Liability. Primary Program Operator shall procure and maintain Commercial General Liability coverage including, but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury and cross liability coverage for claims which may arise from or out of Primary Program Operator's performance of its obligations hereunder. Policy shall name, in the following manner, "The Coachella Valley Association of Governments, its Member Agencies, Departments, and their respective directors, officers, elected or appointed officials, employees, agents and representatives,"as additional insureds. Policy's limit of liability shall not be less than $1,000,000 per occurrence,combined single limit. If the policy contains a general aggregate limit,It shall apply separately to this Agreement or be no less than two(2) times the occurrence limit. • Professional Liability. Primary Program Operator shall procure and maintain Professional Liability Insurance (Errors & Omissions) providing coverage for performance of work included within this Agreement, with a limit of liability not less than $1,000,000 per City of Palm Springs—CVAG Facility Use Agreement—Page 4 occurrence and $2,000,000 annual aggregate. If coverage is written on claims-made basis rather than occurrence basis, this insurance shall continue through the term of the service contract between CVAG and the Primary Program Operator for program operations. Upon termination,or expiration or cancellation of claims made insurance policy, Primary Program Operator shall purchase at its sole expense either 1) an Extended Reporting Endorsement (known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with retroactive date back to the date of,or prior to,the inception of the service contract;or 3)demonstrate through a Certificate of Insurance that Primary Program Operator has maintained continuous coverage with the same original:insurer. Whlcie Liability. Primary Program Operator shall"maintain liability insurance for all owned, non-owned or hired vehicles In an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name, in the following manner, "The Coachella Valley Association of Governments, its Member Agencies, Departments, and their respective directors, officers, elected or appointed officials,employees,agents and representatives,"as additional insureds. a. No later than ten(10) days after the full execution of this Agreement,CVAG shall submit to City evidence of Primary Program Operator's insurance and any applicable endorsements evidencing that the foregoing policy or policies are In effect. B. ,Additional Provisions. In all cases, the language in all parts of this Agreement shall be construed according to its fair meaning and not strictly for or against either party, it being agreed that the Parties or their agents have all participated in the preparation.of this Agreement. Any term that a court determines to be invalid or unenforceable shall he severable, without rendering invalid or unenforceable any other provision of this Agreement provided that the primary purpose of this Agreement is not thereby materially frustrated. This Agreement contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of the Homeless Access Center.There are no general or specific warranties, representations or other agreements by or among the Parties concerning the subject matter of this Agreement. Any amendment of this Agreement must be made in writing, upon the mutual agreement of the Parties. The City and CVAG have participated jointly In the negotiation and drafting of this Agreement; consequently, in the event an ambiguity or question of intent or Interpretation arises, this Agreement shall be construed as If drafted jointly by the Parties thereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provisions of this Agreement. This Agreement and all conditions and provisions hereof are for the sole and exclusive benefit of the Parties hereto and their respective successors and assigns and are not Intended for the benefit of any other person,including any third party beneficiaries. Neither Party, by this Agreement,assumes or Intends to assume any liability or ongoing obligation to any member(s) of the public who use the Homeless Access Center. City of Palm Springs—CVAG Facility Use Agreement—Page 5 f � ) , 1 i This Agreement shall be governed by and construed in accordance with the laws of the State of California,regardless of the laws thatmight otherwise govern under applicable principles of conflicts of laws thereof. 'Upon any default in or breach of a Party'slobligations in thls'Agreement, the non-defaulting Party shall give written notice by hand delivery,fax or email,to ensure prompt delivery to the other Party, describing such default or breach,and the other Party shall have ten(10)days to cure the default or breach. If the cure provided is not accepted by'the non-defaulting Party,then the Parties agree to meet and confer in a goad faith effort to:resolve the dispute over the alleged default or breach. The Parties agree that, if the dispute cannot be fully resolved in negotiations, the Parties will consider mediating their dispute with a.professional Mediator,in a good faith effort to avoid litigation. 9, 'NON-DISCRIMINATION. Pursuant to Palm Springs Municipal Code section 7.09.040, CVAG and the Program Operator shall be prohibited from"discriminating on the basis of actual or perceived race, color, religion, ancestry, national,origin, disability, 'medical condition; marital status, domestic partner status,sex,gender,gender identity,gender expression,or sexual orientation as these terms are defined by California Law, or association with members of classes protected under this Section or in retaliation foropposition to any practices forbidden under this paragraph, against any person seeking accommodations, advantages, facilities; privileges, or services, or membership in all business, social, or other establishments or organizations, operated by CVAG and the Program Operator, and CVAG shall require all o fit s:contractors to include a similar provision in all contracts entered into in performance of this Agreement. 10.TERMINATION, Either Party may terminate this Agreement, with or without cause, upon thirty(30) days written notice to the other Party. 11. ATTORNEY's FEES. In the event either Partybrings any suit or other formal proceeding with respect to the subject matter or enforcement of this Agreement,the prevailing Party(as determined by the trier of fact In the formal proceeding)shall;In addition to such other relief as may be awarded, be entitled to recover reasonable attorneys'fees,expenses and costs of suit or investigation as actually Incurred (including, without limitation, reasonable attorney's fees, expenses, and costs incurred in establishing the right to indemnification). 12. NOTICES AND PARTY REPRESENTATIVES. Any notices;required or desired to be served by either party upon the.other shall be addressed to the respective parties set forth below: CITY City of Palm Springs ATTN:David Ready,City Manager 3200 E.Tahquitz Canyon WayPalm Springs,CA 92262 CVAG Coachella Valley'Association of Governments 'ATiN:Tom Kirk 73410`Fred Waring Drive,Suite 200 Palm pesert,.CA,92260 City of Palm Springs.—CVAG Facility Use Agreement—Page 6 i i { or to such other addresses from time to time as designated by the respective parties. Unless otherwise designated In writing,the Clry Manager shall serve as the CrWs representative for the administration of the Project. All activities performed by CVAG shall be coordinated with this person, 1 Unless otherwise designated In writing, Tom Cox shall serve as CVAG's representative for the administration of the Project. All activities performed by City shall be coordinated with this person. IN WITNESS WHEREOF, the Coachella Valley Association of Governments and the City of Palm Springs have executed this Agreement as evidenced by the signatures contained below: COACHELLA VALLEY ASSOCIATION CITY OF PALM SPRINGS OF GOVERNMENTS To Khk xocut:, Iroct David H.Ready,Ph.D,City Mane Date;_ t Ai ho, Date:/ 7� l ATTEST: LVt ihony Mejla, \\ city Clerk APPROVED AS TO LfIGAL FORM: APPROVED AS TO LEGAL FORM: i s MlchaelJenkins Jeffr ;S.Bellinger " Legal Counsel City Attorney x APPROVED BY CITY MANAGER ' u ; USe c City of Palm Springs—CVAG Facility Use Agreement—Page 7 Exhibit A I Scone of Servlcesfor Homeless Access Center at 225 El Clelo Drive Palm Springs CVAG is entering into an agreement with the City of Palm Springs for use of the former Boxing Club at 225 El Cielo Drive as part of the CV Housing First regional program to address unsheltered homelessness In Coachella Valley.Specifically,the facility will serve as a home base for outreach,supportive services, interagency coordination and co-located service delivery,and acquisition and management of bridge housing units in connection with the 25 Familiar Faces Bridge Housing Pilot Project.The facility will also be available for use as needed for temporary shelter to provide low barrier overnight relief for l unsheltered homeless Individuals in the event of a severe weather event as defined by the National Weather Service(excessive heat warning,for example).The primary operator of the facility will be CVAG's contractor,Path of Life Ministries.The model developed in Palm Springs may be replicated in other cities in Coachella Valley as pop up centers,as resources and funding allow. As holder of the facility use agreement with the City of Palm Springs and fiscal agent for grant funding from Riverside County to support project operations,CVAG will direct its primary CV Housing First contractor,Path of Life Ministries,to act as the main entity operating the facility.As owner of the facility and a supportive partner in CVAG's efforts to address unsheltered homeless throughout Coachella Valley,the City of Palm Springs will continue to be responsible for maintenance and repairs needed to keep the facility In safe and habitable condition.As primary CV Housing First contractor,Path of Life Ministries will provide staff to oversee and operate the facility. 'FACILITY OPERATIONS. • Daytime operating hours may extend from 7 am to 7 pm. • The facility will be available for use as an emergency overnight shelter from 7 pm to 7 am on an as needed basis in the event of severe weather or other conditions impacting the health and safety of unsheltered Individuals in western Coachella Valley. • Both daytime and nighttime operating hours may extend 7 days per week as needed. • The primary operator of the facility will designate a lead staff person to serve as the Homeless Access Center Manager.This staff person will be available on call by cell phone when not on site. •. Security will be present during the hours of operation as determined to be,necessary by the primary operator,with both genders represented for diversity and safety. • Programs and services provided in connection with the facility will be primarily focused on unsheltered homeless individuals. • Programs and services will be conducted in a manner that presents low barrier to access. + No individual shall be discriminated against or denied access to services based on actual or perceived race,color,religion,ancestry,national origin,disability, medical condition,marital status, domestic partner status,sex,gender,gender identity,gender expression,or sexual orientation. CITY OF PALM SPRINGS RESPONSIBILITIES. ♦ Designate an appropriate contact to receive maintenance and repair requests who will be on call at all times by cell phone. • Provide monthly parking permits for program staff,to be administered by Path of Life. • Supply 2 storage units as needed for program operations including short-term storage of client belongings and ongoing storage of program supplies,administrative equipment,cleaning supplies, and emergency shelter supplies,with access and management of units to be overseen by Path of Life. City of Palm Springs—CVAG Facility Use Agreement—Page 8 i ! • Bear responsibility for costs of utilities,maintenance,repairs,and facility Improvements needed to adequately and safely use the facility for program operation, Including plumbing upgrades needed to provide shower and laundry on site. Contingent upon plumbing upgrades,supplement facility amenities with mobile shower unit and portable toilets. • Provide security services as needed to safely operate the facility during hours as determined by the Primary Operator. • Work with CVAG to establish a master calendar for facility operation. • Direct requests for updates on program operations,progress,and performance to CVAG. Provide basic equipment like tables and chairs,subject to availability. i CVAG RESPONSIBILITIES. i Provide staff to supportits primary contractor.This supportwill Include coordination activities with other entitles operating at the facility, Negotiate and administer contracts related to this scope of work,including but riot limited to the services agreement with Path of Life Ministries,memorandums of understanding with other partners as yet to be determined,and grant funding agreements with Riverside County.This will include performance monitoring and reporting as specified by.those agreements. • Identify partners and enter into agreements as needed with entities delivering services in connection with this scope of work. • Set standards and monitor performance in service delivery,program operations, budget management,and outcomes. • Provide regular reports to the City of Palm Springs as requested. PRIMARY FACILITY OPERATOR RESPONSIBILITIES(PATH OF LIFE). • Ensure that facility Is open and adequately staffed during hours of operation. • Work with CVAG to coordinate and update the facility calendar and use schedule. • Maintain and manage use of equipment needed to satisfy the health,hygiene,and immediate needs of clients, including showers,restrooms,laundry,water and food. • Maintain and manage access to storage units for short-term storage of client belongings,and ongoing storage of program supplies,administrative equipment,cleaning_ supplies,and emergency shelter supplies. • Ensure that records are properly kept and documents containing confidential and/or personally- Identifying information are stored securely. • Ensure that property signage is pasted on site as required by City,CVAG, Riverside County,or other relevant entities. • Coordinate with City-provided security to ensure coverage is scheduled in order to safely operate the facility. • Provide equipment needed to operate the program,including computers,tables,chairs, etc. • Responsibly administer parking permits supplied by the City. • Work with CVAG to supply regular performance and progress reports as requested by City. • Responsibly maintain cleanliness of facility. • Report all safety issues and maintenance issues immediately to City. Work with public safety officers and community agencies to ensure clients that originated from locations beyond Palm Springs that do not have a set destination are transported back to their area of origin upon completion of appointments or other business held at the facility. • When facility is in use as emergency overnight shelter, work cooperatively with entity overseeing shelter operations. City of Palm Springs—CVVAG Facility Use Agreement—Page 9