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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. 17-1 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. 17-2 Professional Services Agreement with City Net for Homeless Outreach Services March 12, 2019 Page 3 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 17-3 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. 17-4 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 Kingdom Causes, Inc. DBA City Net Page 2 17-5 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. Kingdom Causes, Inc. DBA City Net Page 3 17-6 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. Kingdom Causes, Inc. DBA City Net Page 4 17-7 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. Kingdom Causes, Inc. DBA City Net Page 5 17-8 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 Kingdom Causes, Inc. DBA City Net Page 6 17-9 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 Kingdom Causes, Inc. DBA City Net Page 7 17-10 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. Kingdom Causes, Inc. DBA City Net Page 8 17-11 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. Kingdom Causes, Inc. DBA City Net Page 9 17-12 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 �:/:11-MMI _k_r= 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