HomeMy WebLinkAbout17 - Homeless Outreach ServicesTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 12, 2019
Agenda Item No. 17
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Dennis Birch, Deputy Chief, dbirch@nbpd.org
PHONE: 949-644-3720
Carol Jacobs, Assistant City Manager,
cjacobs@newportbeachca.gov
949-644-3313
TITLE: Professional Services Agreement with City Net for Homeless
Outreach Services
ABSTRACT:
The Police Department requests City Council approval of a Professional Services
Agreement with City Net to provide coordination of street level outreach and case
management for the City of Newport Beach's homeless population. The Agreement is
for three years with the option for two one-year extensions, for a total term of five years.
Costs for the Agreement are $200,000 for the first year with increases tied to the
Consumer Price Index in subsequent years, approximately 3 percent per year.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
b) Approve a Professional Services Agreement with Kingdom Causes, Inc. (DBA City
Net) of Long Beach, California, for homeless outreach services at a not -to -exceed
cost of $1,061,827.16, and authorize the Mayor and City Clerk to execute the
Agreement; and
c) Approve Budget Amendment No. 19BA-030 appropriating $58,333.33 from the
unappropriated General Fund balance to Police Patrol, Professional and Technical
Account No. 01035353-811008.
FUNDING REQUIREMENTS:
The Budget Amendment appropriates $58,333.33 from General Fund unappropriated
fund balance to fund the increased expenditure. The Budget Amendment will fund the
Agreement for the balance of FY 2018/19. Funding for subsequent fiscal years will be
requested during the annual budget preparation process.
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Professional Services Agreement with City Net for Homeless Outreach Services
March 12, 2019
Page 2
DISCUSSION:
The Southern California region, including the City of Newport Beach, has experienced an
increase in homelessness over the past several years. Traditional law enforcement
efforts are neither intended, nor equipped, to manage the complex issues surrounding
homelessness. In 2017, the Police Department committed a full-time police officer out of
existing staffing to engage the homeless population in a non-traditional law enforcement
manner. As part of that effort, the Police Department collaborates with Orange County
Health Care Agency personnel two days per week to provide outreach, supportive, social
and mental health services to the homeless population. The goal of this effort is to assist
homeless neighbors exit the streets into housing. While this effort has achieved
numerous successes and continues to achieve street exits, it is clear there is a gap in
services, abilities and resources the Police Department alone cannot close.
In 2018, the City engaged City Net, a nonprofit homeless services organization, in a
six-month pilot program that provided outreach services, linkages to resources and
helped coordinate the efforts of government, law enforcement, advocacy and civic
groups, nonprofit organizations, businesses, homeless neighbors and the faith
community. City Net staff are professionals educated and experienced in social, health,
and outreach services that, when combined with the Police Department's current efforts,
can achieve successes greater than the sum of the individual efforts.
The pilot program with City Net was successful and similar programs in Orange County
have had successes. The pilot program demonstrated the feasibility of a collaborative
effort amongst all of the groups and organizations listed above as the current best
practices approach. This collaborative approach with City Net that includes strong
linkages to social, health and other services for the homeless population in Newport
Beach could close the gap seen in a strictly traditional law enforcement approach.
During the six-month pilot program, City Net made 158 contacts with homeless neighbors.
Of those contacts, 51 individuals agreed to enter into case management services with
City Net, which includes working with the homeless on a consistent basis to work toward
exiting the streets on a permanent basis. City Net provided valuable assistance with
housing stabilization for Newport Beach homeless neighbors that had exited the streets.
The countless hours City Net spent on this issue allowed City and Police Department
resources to be spent in the City and cemented the move to permanent housing for those
homeless neighbors already housed. Finally, there were 17 actual street exits of
homeless individuals during the pilot program.
The Professional Services Agreement with City Net would provide the City with two
Full- Time Equivalent personnel with an on-call response service to conduct the following
scope of services in a long-term (three to five year) effort.
Engagement, Outreach and Case Management Services
Coordinate and provide street level efforts to transition homeless neighbors off the streets
and provide initial stability services during the transition. This service will include evening
hours and the availability for weekend call -out services.
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Professional Services Agreement with City Net for Homeless Outreach Services
March 12, 2019
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On Call Services
Respond in person, or remotely, to requests for assistance to support the City in outreach,
engagement or referral efforts outside of normal business hours.
Housing Navigation, Stabilization and Referral Services
Provide housing navigation and placement for Newport Beach homeless neighbors.
Provide City of Newport Beach clients who have exited the streets with case management
services to remain off the streets, as needed.
Provide trained case managers to serve as referral services specialists for the City,
service providers, and homeless neighbors.
Education, Community Engagement
Provide education, expertise and assistance to the City of Newport Beach for educational
and community engagement purposes.
Management
Collect and deliver relevant data, results of current efforts, and assistance with forward
looking strategies.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Professional Services Agreement
Attachment B — Budget Amendment
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH KINGDOM CAUSES, INC. DBA CITY NET FOR
HOMELESS OUTREACH SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 12th day of March, 2019 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and KINGDOM CAUSES, INC., a California nonprofit corporation doing business as CITY
NET ("Consultant"), whose address is 4508 Atlantic Avenue, Suite 292, Long Beach,
California 90807, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide homeless outreach services
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
1.1 Term of Agreement. The Initial Term of this Agreement shall commence on
the Effective Date, and shall terminate on February 25, 2022, unless terminated earlier
as set forth herein, or extended as provided in Section 1.2.
1.2 Option to Extend. Provided Consultant is not then in default beyond
applicable notice and cure periods, upon Consultant's request, and upon approval of the
City, City may extend the term of this Agreement for two (2) additional successive terms
of one (1) year (the "Option Term" or "Option Terms") commencing on the expiration of
the Initial Term or an Option Term, on the same terms and conditions as contained in this
Agreement as it may be amended. Consultant must exercise each option by giving City
written notice of its intention to extend the Term at least six (6) months prior to the
expiration of the Initial Term or the expiration of the first Option Term, as the case may
be.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the professional and on-call services
described in the Scope of Services attached hereto as Exhibit A and incorporated herein
by reference ("Services" or "Work"). City may elect to delete certain Services within the
Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Dollars and
001100 ($1,000,000.00), without prior written authorization from City. No billing rate
changes shall be made during the term of this Agreement without the prior written
approval of City.
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of
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the Consumer Price Index for the calendar month three (3) months preceding the
calendar month for which such adjustment is to be made, and the denominator of which
is the value of the Consumer Price Index for the same calendar month immediately prior
to Effective Date. The Consumer Price Index to be used in such calculation is the
"Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for
the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United
States Department of Labor, Bureau of Labor Statistics. If both an official index and one
or more unofficial indices are published, the official index shall be used. If said Consumer
Price Index is no longer published at the adjustment date, it shall be constructed by
conversion tables included in such new index. In no event, however, shall the amount
payable under this Agreement be reduced below the Billing Rates in effect
immediately preceding such adjustment. The maximum adjustment increase to the
Billing Rates, for any year where an adjustment is made pursuant to this Section,
shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect
immediately preceding such adjustment, whichever is less.
4.3 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Matt Bates to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
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5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Deputy
Chief or designee shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
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9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
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provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
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records with respect to the costs incurred under this Agreement and any Services,
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
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
§M., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et se4., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Deputy Chief
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Matt Bates
Kingdom Causes, Inc. DBA City Net
4508 Atlantic Avenue, Suite 292
Long Beach, CA 90807
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 of seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
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27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 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.
28.8 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.
Kingdom Causes, Inc. DBA City Net Page 10
17-13
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Kingdom Causes, Inc. DBA City Net Page 11
17-14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: KINGDOM CAUSES,
INC., a California nonprofit corporation
doing business as CITY NET
Date:
By:
Brad Fieldhouse
President
Date:
By:
Jude Tiersman
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Kingdom Causes, Inc. DBA City Net Page 12
17-15
EXHIBIT
SCOPE OF SERVICES
Overview
The City of Newport Beach ("City") requires outreach and engagement with is homeless
neighbors to connect the homeless with social and supportive services in the City and
Orange County region consistent with the Orange County Continuum of Care. Consultant
shall assist City's homeless residents to become functionally independent members of
the community by providing the necessary resources and connections, such as temporary
housing, rehabilitation programs and general assistance, to take the necessary steps to
exit the streets into permanent housing solutions. Consultant shall conduct street
outreach to homeless neighbors and provide case management with the goal of exiting
them from the streets. Consultant shall build upon existing collaborative efforts, develop
and maintain access to and, integration with, homeless resources consisting of
governmental, law enforcement, advocacy, civic, nonprofit, business, and faith based
organizations working on best practices to reduce street level homelessness in Newport
Beach, California.
Deliverables
Outreach, Engagement and Case Management
1. Based on the most current census, develop a risk/priority matrix of Newport Beach
homeless neighbors with individual identifiers, including but not limited to:
Most at Risk;
Simplest Transition for Street Exit;
Heaviest Resource Consumer; and
Service Resistant.
Prioritize outreach and engagements based on matrix scale; and
Develop supportive services linkages with the Newport Beach homeless
community with the goal of reducing street level homelessness in the City.
2. Coordinate outreach and engagement activities with the Newport Beach Police
Department ("NBPD") and City officials, advocacy and civic groups, nonprofit
organizations, businesses, homeless neighbors and the faith community.
Shall include dawn to dusk outreach, seven days a week; and
Regional efforts as directed, or agreed to, by the City.
Kingdom Causes, Inc. DBA City Net Page A-1 17-16
3. Provide case management services to Newport Beach homeless clients to
enhance transition off the streets and provide initial stability during the transition.
4. Develop and maintain access to and, integration with, homeless resources
including governmental, non-profit, advocacy, business and faith -based
organizations to facilitate street exits and housing opportunities, including
supportive services, temporary/transitional shelters, family reunifications and
permanent supportive and permanent housing.
5. Engage community stakeholders regarding activities, efforts and best practices to
address homelessness in the City.
Housing Stabilization and Referral Services
1. Provide City of Newport Beach clients that have exited the streets with case
management services (housing stabilization) to remain off the streets, as
requested by the City.
• Assist Newport Beach clients by strengthening personal support systems
with the goal of promoting financial and functional independence.
2. Provide trained case managers to serve as a referral services specialist for the
City, service providers, and homeless neighbors.
3. Referral Specialist will make appropriate referrals that exist within the Orange
County Continuum of Care.
• Referral Specialist will be available on-call, remotely, during regular
business hours (Monday through Friday 7:00 AM — 7:00 PM).
• Referral Specialist will respond to requests outside of regular business
hours at the next available opportunity.
4. Provide housing navigation and placement for Newport Beach homeless
neighbors.
5. Consultant shall explore housing opportunities such as family reunification,
emergency shelters, treatment facilities, affordable room/ apartment rentals,
housing vouchers, and permanent supportive housing programs. This effort
should include opportunities outside of existing resources.
Kingdom Causes, Inc. DBA City Net Page A-2 17-17
Education, Community Engagement
1. Collaborate, educate and personally engage community stakeholders —
residents, business, non-governmental agencies, governmental agencies, civic
organizations, advocacy groups and others — to work toward long term, best
practice solutions to the homeless issue. Discourage activities that perpetuate
the cycle of homelessness by stakeholders.
2. Provide education, expertise and assistance to the City at community events
and functions.
3. Provide training and education to City personnel on issues surrounding
homelessness
On Call Services
1. Respond to requests for assistance to support City personnel and stakeholders to
determine appropriate resources and courses of action consistent with the Orange
County Continuum of Care.
2. On—call service will include via remote means and in person as needed.
3. Provide mobility service provider transportation (e.g. Uber/Lyft/OCTA/City Net) to
assist Newport Beach homeless neighbors, as needed.
4. On-call services will include responses to request for bridge housing.
5. Hours available: 7:00 AM — 7:00 PM Saturday — Sunday.
Management
1. Complete homeless census, as needed, to be defined by the City.
2. Provide City with current homeless related resources reference material outside of
City.
3. Provide strategies to the City to address homelessness in Newport Beach.
4. Engage with regular meetings to assess the current picture and strategies as
directed by the City.
5. Assist the City with City's Strategic Plan at the request of the City.
6. Data Coordination. Consultant shall coordinate all data within the county's
Homeless Management Information System ("HMIS") and Coordinated Entry
("CE") system.
Kingdom Causes, Inc. DBA City Net Page A-3 17-18
Documentation of Services Provided
1. Provide the City with a quarterly accounting of:
a. Engagements/Outreach:
i. New outreach efforts;
ii. Ongoing outreach efforts;
iii. Service and benefit referrals made;
iv. Stabilization engagements;
V. Provide demographics to include chronically homeless, duplicate users,
temporary homeless, veterans, etc.; and
vi. Street exits by type and service resource utilized:
■ Duplicate user exits;
■ New user exits;
■ Temporary; or
■ Permanent.
b. On -Call requests;
c. Personnel hours by activity type and associated cost;
d. Community engagements, education opportunities presented; and
e. Other costs associated with contract (administrative, etc.).
Schedule of Staffing
1. Two (2) full time equivalent ("FTE") staff members (40 hours per week) allocation:
$12,500 (includes transportation); and
2. On -Call Staffing allocation 7:00 AM — 7:00 PM Saturday — Sunday: $ 780/month.
Kingdom Causes, Inc. DBA City Net Page A-4 17-19
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SCHEDULE OF BILLING RATES
Service: Rate:
Two (2) full time equivalent t"FTE") $12,500.00 per month
staff members:
On-call Services: $780.00 per month
On-call Response: $40.00 per hour as service is used
Kingdom Causes, Inc. DBA City Net Page B-1 17-20
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Kingdom Causes, Inc. DBA City Net Page C-1 17-21
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Kingdom Causes, Inc. DBA City Net Page C-2 17-22
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Kingdom Causes, Inc. DBA City Net Page C-3 17-23
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Kingdom Causes, Inc. DBA City Net Page C-4 17-24
City of Newport Beach
BUDGET AMENDMENT
2018-19
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
ATTACHMENT B
NO. BA- BA19-030
AMOUNT: 1 $58,333.33
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
ONE-TIME?
Yes
F'] No
To increase expenditure appropriations from the General Fund unappropriated fund balance to cover costs
associated with the CityNet Contract in an effort to provide assistance with outreach and engagement with
homeless residents.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Object
010 300000
�7�►�LIJ�xC��I►�/' f��►7
Description
General Fund - Fund Balance
Og Object Project Description
EXPENDITURE APPROPRIATIONS
Org Object Project Description
01035353 811008 Patrol - Services Prof & Tech
Signed:
Signed
ial Approval: F
City Council Approval: City Clerk
Amount
Debit Credit
$58,333.33 "
* Automatic System Entry.
$58,333.33
Date
Date
17-25