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2018 Martha's Village & Kitchen MOU - Homeless Prevention ServicestaiatiArai - — GEM of the DESERT — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Angela Ferreira DATE: January 18, 2018 RE: Homeless Funding MOU - Martha's Village and Kitchen RECEIVED JAN 3 0 2018 CITY OF LA QUINTA CITY CLERK DEPARTMENT Attached for your signature is Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: _X_ Contract payments will be charged to account number: 243-0000-60532 _X_ Amount of Agreement, Amendment, Change Order, etc.: $103,000 N/A_ A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests _N/A_ A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: _X_ Approved by the Housing Authority on January 16, 2018 _X_ City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $ 103,000 and authorized by contract approved by Housing Authority _N/A_ Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: _X Insurance certificates as required by the agreement (approved by Risk Manager on aQ date) _N/A_ Performance bonds as required by the agreement (originals) _N/A_ City of La Quinta Business License number _N/A_ A requisition for a Purchase Order has been prepared (amounts over $5,000) Revised May 2017 MEMORANDUM OF UNDERSTANDING BETWEEN LA QUINTA HOUSING AUTHORITY AND MARTHA'S VILLAGE AND KITCHEN This Memorandum of Understanding (the "Memorandum") is made by and between the La Quinta Housing Authority, a public body, corporate and politic ("Authority") and the MARTHA'S VILLAGE AND KITCHEN, INC., a California nonprofit corporation ("MVK"), as of January 36 , 2018 with respect to the following: RECITALS WHEREAS, the Authority is interested in providing food and shelter to those in need and, in that regard would like to support the MVK homeless shelter; WHEREAS, the MVK agrees to use the Authority funding for operation of the shelter this fiscal year; NOW, THEREFORE, the Authority and MVK agree to the following: 1.0 TERM OF MEMORANDUM. The term of this Memorandum will be for a period of six (6) months and shall expire on June 30, 2018. 2.0 OBLIGATIONS OF THE PARTIES. 2.1 MVK will provide food and shelter services at the MVK facility, located at 83791 Date Avenue, Indio, CA 92201. MVK shall provide the services set forth in Exhibit A attached hereto and incorporated herein by this reference ("Scope of Services"). MVK shall deliver to the Authority periodic reports and compliance metrics as set forth in Exhibit B attached hereto and incorporated by this reference ("Compliance Reports"). MVK shall comply with any and all federal, state, and local laws and regulations applicable to MVK, the Scope of Services, and the use of the Authority Financial Support Funds (as defined in Section 2.2 below) and the use of any other public moneys (collectively, the "Compliance Requirements"). 2.2 The Authority will provide financial support of One Hundred and Three Thousand Dollars ($103,000) ("Authority Financial Support Funds") to MVK. Provided MVK complies with its obligations under this Memorandum, the Authority shall disburse the Authority Financial Support Funds in 2 installments on the following dates: (1st Installment) No later than 10 working days after the execution of this Memorandum, and (2nd Installment) No later than 10 working days after the Authority receives the January 1 -March 30, 2018 financial quarter Compliance Report (each, a "Funds Distribution Date" and collectively, the "Funds Distribution Dates"). All Authority Financial Support Funds shall be used by MVK for the Scope of Services and for no other purpose. If MVK fails to timely deliver a Compliance Report, the Authority may withhold an installment disbursement of the Authority Financial Page 1 of 7 Support Funds that has not yet been disbursed. If MVK fails to comply with any Compliance Requirements, the Authority may (i) withhold an installment disbursement that has not yet been disbursed, (ii) order a return to the Authority of any portion or all Authority Financial Support Funds that were not used in compliance with this Memorandum or any other Compliance Requirements, and/or (iii) seek any other rights or remedies available at law or in equity. 3.0 Indemnity and Release. MVK hereby agrees to indemnify, defend, and hold harmless the Authority and its officers, employees, agents and independent contractors (collectively, "Indemnitees") from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of and/or in any way relating to MVK's activities in the performance of this Memorandum, or to MVK's acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the Authority. 4.0 MVK Insurance Obligation. Without limiting the indemnification provisions provided herein, MVK, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the MVK facility(ies) resulting from any actions or omissions of MVK or any use of the MVK facility(ies), or the MVK's invitees in accordance with the terms of this Memorandum. The policy or policies evidencing such insurance shall name the Authority and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the Authority, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than Two Million Dollars ($2,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A -/VIII or better by ambest.com. Prior to the date of this Memorandum, and upon renewal of such policies, MVK shall submit to the Authority certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. The coverage contemplated in this paragraph will be primary and the Authority's coverage will not contribute. MVK shall provide workers' compensation insurance in accordance with California law. 5.0 ADDITIONAL PROVISIONS. 5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this Memorandum. 5.2 This Memorandum 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 MVK. Page 2 of 7 5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum. 5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as determined by California law) 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 attorneys' fees, expenses, and costs incurred in establishing the right to indemnification). [signatures on next page] Page 3 of 7 IN WITNESS WHEREOF, Martha's Village and Kitchen and La Quinta Housing Authority have executed this Memorandum as evidenced by the signatures contained below: LA QUINTA HOUSING AUTHORITY ATTEST: By: SUSAN MAYSELS, ity Secretary APPROVED AS TO FORM AND CONTENT: By: WILLIAM H. IHRKE, Authority Counsel MARTHA'S VILLAGE AND KITCHEN B Name: Lindon C34.1 lC. Title: Presides--- /C E 0 Address: S,1( Ock3Q A vent t City, State, Zip: CA q ZZo t Email: 1.rrO. ± e v►ar--kriasu llage ora Dated• i l 9{ 18 \J Page 4 of 7 EXHIBIT A Scope of Services Provide homeless prevention assistance to those on the east side of the Coachella Valley, and more specifically in the City of La Quinta, who are at risk of homelessness by providing face-to-face or telephone outreach, shelter (emergency and/or permanent), employment services, emergency rental and utility service assistance, or other supportive services and resources to help individuals stay in their current home such as food distribution, free child care, health clinics, and education. * Emergency rental assistance is to be issued for no more than one month's actual rent in the rears, which cannot be above the fair market rate for the occupied unit. To be eligible for rental assistance the household must have a verifiable three day pay or quit notice and landlords must be contacted to insure that they will accept payment to bring the household to a state of good standing. To receive utility assistance households must have a verifiable shutoff notice for cost for, electric, gas, and/or water. These funds cannot be used for reconnection. Both rental and utility assistance can only be received once per MOU term, per household. Recipients of emergency aid must demonstrate financial ability to sustain household finances after aid has been received by presenting pay stubs, bank records or other supporting documents. All assistance payments are to be made out to verified landlords and utility companies only. **Please note priority is to be given to verified La Quinta residents for both types of emergency services. Page 5 of 7 EXHIBIT B City of La Quinta Reporting Metrics Eastern Valley Services Only (East of Cook Street) Provide homeless outreach via face to face and/or phone: Number of completed interactions Number of Referrals/Resources provided (Provide narrative of what type of Resources used ) Provide homeless prevention assistance to those who are at risk of homelessness through, emergency rental and utility assistance, or other directly provided resources to stay in current home such as Food Distribution, Free Child Care, Health Clinic, Education, etc. resulting in successful diversion. Provide type of Resources used Emergency rental and utility assistance: Rental - Households served Expenditures Rental - La Quinta Households Expenditures Utility - Households served Expenditure Utility - La Quinta Households served Expenditures Sheltering: How many Individuals who were safely sheltered Units of face to face case management Number of clients assessed by case manager Number of individuals placed into housing Page 6 of 7 Provide Rapid Rehousing or similar type placement Number placed Housing Stability/ Three month follow up after financial support ends Provide Employment Services: Description of direct Employment Services offered (Submit narrative of what direct services are provided) Number of Individuals served Units of Service Eligible reportable items with supporting documentation: Shelter -Direct Client Services with full benefits and Workman Comp costs: Staff -Outreach, Case Management, Employment Services, Emergency Assistance, Housing Placement, Kitchen, Maintenance and Security. Direct Shelter Costs: Rent Payment Utility Costs Cleaning Supplies Food for Prepared Meals Emergency Assistance: Rental payments Utility payments Rapid Rehousing or Similar Housing Placement Costs: Navigators and Case Managers with full benefits and Workman Comp costs Costs associated with placement - rent, deposits, and utilities Page 7 of 7 r 1 fD ACC]RD CERTIFICATE OF LIABILITY INSURANCE L......---- DATE (MMIDOlYYYY} 01/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If tho cortlffcato holder is an ADDITIONAL INSURED, the policy([es) must hove ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Garcia Insurance Inc 2090 E. Tahqultz Canyon Way Palm 5prirgs CA 92282 CONTACT ErinJa N'AMEI Y PHONE (700)320.1111(700}320-1115 IA1C, No, 50): (A1C, Nn}: ADDRESS: INSURERISI AFFORDING COVERAGE NAM 9 INSURER AI Phifadelphla Insurance Company COMMERCIAL GENERAL LIABILITY INSURED Martha's Village & Kitchen, Inc. 83791 Date Avenue Indio CA 92201 INSURER B: ZanlihInsurance Company INSURER C: INSURER 0 : S 1,000,000 INSURER E : INSURER F : CERTIFICATE NUMBER: 0L173904825 REVISION NUMBER: THIS IS TO CERTIFY TI -AT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 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 AU. THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INsIt 1.111 TYPE OF INSURANCp AUDI 5150 SlJUit 1W I POLICY NUMBER POLICY EFF (MN rOLEYYYY) POLICY EXP (MMIOONYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE X OCCUR "DATACE-117TRENTE1 Piti:MISES(EA occurrence) 100,000 1 MED EXP (My onoporsnn) 1 5,000 A Y Y PHPK1B1924S 03/03/2017 03/03/2018 PERSONAL 6ADV INJURY S 1,000.000 GEN'LAra'G51EGArELimn-APPLIES PER: GENERAL AGGREGATE_ 1 2,000.000 X POLICY n !ECT FRO- LI LOC PRODUCTS - COMPIOPAGO 1 2,000,000 OTHER: Employee Benefits S 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ee amden/l 5 1,000,000 ANY AUTO BODILY INJURY (Per person) $ A OWNED AUTOS ONLY X SCHEDULED AUTOS PHPK1815246 03/03/2017 03/03/2018 BODILY INJURY (Per accident) $ _ X WIRED AUTOS ONLY !� NON -OWNED AU'r05 ONLY PROPERTY OMJACG (Por orcldonl) $ Uninsured motorist 3 1,003,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE f 5.000,000 A EXCESS DAB CLAIMS -MADE PHUB574875 03/03/2017 03/03/2018 AGGREGATE $ DEO X RETENTION 3 10,000 3 WORKERS COMPENSATION X PER 001. STATUTE LR AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORA'ARTN5RIEXECUTIVE 03/03/2017 03/03/2018 E.L. EACH ACCIDENT $ 1,000,000 B OFFiCERRAFMI3EREXCLUO£O? ❑ (Mandatory In NH1 NIA Y Z127054103 F E.L. DISEASE - EA EMPLOYEE 5 1,000,000 e yyes, describe under DESCRIPTION OF OPERATIONS (:nlnw E.L. DISEASE..- POLICY LIMIT 5 1,000,000 A Directors and Officers PHSD1225396 03/03/2017 03/03/2018 Each Claim Retention 1,000,000 10,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES IACORD 101, Additional Remarke Schedule, may be attached If more e5a0e le required) La Quanta Housing Authority Is named as additional Insured, Waiver of Subrogation appiles to workers compensation. This Insurance Is primary and non-contributory. •10 day notice of cancellation may be Issued for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION La Oulnta Housing Authrolty 78495 Calle Tampico LA Qulnta CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE lurk ACORD 26 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance Is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured Is a Named Insured under such other Insurance; and CG20010413 (2) You have agreed in writing In a contract or agreement that this Insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc,, 2012 Page 1 of 1 POLICY NUMBER: PHPK1619248 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): LA QUINTA HOUSING AUTHORITY Information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. Section II — Who Is An Insured Is amended to Include as an additional Insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you, However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, .+I". n!' nn PIA AO B. With respect to the Insurance afforded to these additional Insureds, the following Is added to Section III — Limits Of Insurance: If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of insurance; 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less. Thls endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. /Fl In..,.mnnn Ceniinne 1'lffinn Inn 9n19 P,nn 1 of 1 Midterm Endorsement Inception Date; 03/03/2017 Policy Number: Z127054103 DIRECT BILL Branch: 001 Agent Code: 092591A Agent: MAVERICK COMMERCIAL INS. SERVS. 23945 Calabasas Road, Suite 107 Calabasas, CA 91302 Insured: MARTHA'S VILLAGE & KITCHEN, INC. [NON-PROFIT CORP] 83-791 DATE AVENUE INDIO, CA 92201 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY r e WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.00% of the California workers compensation premium otherwise due on such remuneration. Minimum Premium: $0.00 Person or Organization LA QUINTA HOUSING AUTHORITY 78495 CALLE TAMPICO LA QUINTA, CA 92253 RE: CALIFORNIA OPERATIONS Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/03/2017 Insured MARTHA'S VILLAGE & KITCHEN, INC. [NON-PROFIT CORP] Policy No. Z127054103 Policy Period 03/03/2017 To 03/03/2018 Issued On 01/26/2018 At Woodland Hills, CA WC -04-03-06B (Ed. 10-07) ZENITH INSURANCE COMPANY - 13145 Endorsement No. 28