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HomeMy WebLinkAbout2011 CON South Bay Community Services - Homeless Services & SupportAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND South Bay Community Services THIS AGREEMENT is entered into this 20th day of July, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and South Bay Community Services, a California nonprofit public benefit corporation (hereinafter "SBCS" or a "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ CONTRACTOR to provide program services for the Homeless Outreach Program and Enforcement ("HOPE"). WHEREAS, the CITY has determined that the CONTRACTOR is a non-profit organization and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A "to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Prior to doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed $95,000.00 total compensation for the period of service. 3. PROJECT COORDINATION AND SUPERVISION. Armando Vergara "or their designee" hereby is designated as the HOPE Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single HOPE Supervisor to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR by the CONTRACTOR representative. Jose Mireles "or their designee" thereby is designated as the HOPE Supervisor for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "B"shall not exceed the schedule given in Exhibit "B". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall reasonably any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence and in good faith determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for the Project is from the date of this Agreement through June 30, 2012, or as determined by the federal government program, OJP. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The memoranda, reports, supplies, equipment, and documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 15 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall to the extent required under law obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying in a commercially reasonable manner any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 4 The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement (except as required to perform the services set forth in Exhibit "A") without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. 5 F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day's written notice to the CONTRACTOR or upon expiration of the agreement or funding from the federal government program. During said 30-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. This Agreement may be terminated by the CONTRACTOR for cause in the event of material breach of this Agreement by the CITY, including without limitation, failure of the CITY to pay CONTRACTOR in a timely manner for services provided hereunder. D. Termination with or without cause shall be effected by delivery of written Notice of Termination to the other party as provided for herein. E. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. F. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Armando Vergara Neighborhood Services Division City of National City 1243 National City Boulevard National City, CA 91950-4301 7 To CONTRACTOR: Kathryn Lembo, President and CEO South Bay Community Services 1124 Bay Boulevard, Suite D Chula Vista, CA 91911 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity (excluding any governmental entities or agencies) whose interests materially conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any material violation of this Paragraph 22 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 8 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. L. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. M. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 SOUTH BAY COMMUNITY SERVICES CITY OF NATIONAL CITY PROVED AS TO FORM: b ke,.-[1, c y,-, Lem ko Print lP/ res I�e,,,f CGO Title Print Assn C, atQ, Title rrison e s ii„z (Print) Mayor (Title) By: (Name) (Print) r \` 10 EXHIBIT A SOUTH BAY COMMUNITY SERVICES National City Homeless Outreach Program and Enforcement (HOPE) A Partnership Between South Bay Community Services and The City of National City, California 2011-2012 Statement of the Problem The distressed economy has impacted a great number of individuals and families who have become homeless, or are at -risk of becoming homeless. The 2010 Point -in -Time Count conducted by the Regional Task Force on the Homeless reported a 7.8% increase in homelessness in San Diego County from the past year. This included a 12.8% increase in the number of unsheltered homeless individuals within the County. The City of National City itself has experienced an influx in the number of homeless persons, particularly trans -border migrants and their families, as well as those suffering as a result of the current economic crisis. With this increase, concerned citizens have frequently lodged complaints with the Police Department regarding issues surrounding the homeless population, which is affecting the quality of life of not only the homeless but the rest of the populace. Most of the homeless in National City, according to the National City Police Department, fall within four categories: mentally ill, drug or alcohol dependent, migrants, or those whose recent circumstances have disrupted their life and caused them to be homeless. The homeless families and individuals who fall within one or more of these categories do not benefit, nor do they become motivated to seek long-term housing as a result of being issued a citation by a police officer. Although some have been involved in criminal activity which warrants their arrest, others may benefit from outreach and resources to help them get back on their feet and into a long-term care facility. The HOPE Program (Homeless Outreach Program and Enforcement) would be a continued collaboration among South Bay Community Services (SBCS) and other social service organizations as well as various departments within National City government including but not limited to the National City Police Department, Public Works, Code Enforcement, the National City Fire Department and the City Attorney's Office, to provide outreach, resources and case management to the City's homeless population. The HOPE Task Force will continue to work together to address long-term housing issues, and bridge the gap between homelessness and long-term care. Goals and Objectives South Bay Community Services' goal is to assist National City's homeless individuals and families to access services and supports that will enable them to secure long-term housing, and change their lives to become as self-sufficient as possible given their individual situation and potential. This will be achieved through the following objectives: 1. Receive and follow-up with residents' concerns regarding the city's homeless population within 72 hours (as documented in contact log); 2 2. Conduct outreach to homeless individuals, to connect them with appropriate services available within the community (as documented in contact log and intake forms); 3. Provide information and facilitated referrals to homeless individuals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, and other programs as needed (as documented in contact log and case files); 4. Provide one-to-one crisis intervention, assessment and case management for homeless clients (as documented in case files); 5. Participate in ride-alongs as determined by the City with National City Police Officers to provide homeless outreach and assistance (documented in HOPE Weekly Reports); 6. Participate in regular regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Project Design SBCS proposes to hire a full-time (40 hours/week) Homeless Outreach Liaison (75% of which will be funded under this proposal/contract), who will be stationed at the City of National City and will provide the following services: Receive and follow-up on residents' concerns regarding the city's homeless population. Conduct outreach to ensure that homeless individuals are aware of services available through SBCS and other local social service agencies. This will include visiting various homeless "camps" and identified known locations in National City at various hours of the day, in order to provide crisis intervention and connect with as many homeless people as possible to assist with advising as to appropriate services. Provide one-to-one crisis intervention, assessment, and case management to homeless individuals. Provide information and facilitated referrals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, etc. 3 Participate in regional coordination meetings such as the National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Participate in HOPE Task Force Meetings, and other City Council and/or collaborative meetings as deemed necessary by the Task Force. Implementation/Time Task Plan Objectives: Timeframe for Completion: Measurement Criteria: 1. Receive and follow-up with residents' concerns regarding the city's homeless population. With 72 hours of call/email Contact Log 2. Conduct outreach to homeless individuals, to connect them with appropriate services available within the community. On -going with the goal of reaching 13 homeless individuals per month (x 12 months). Contact Log, Intake Forms 3. Provide information and facilitated referrals to homeless individuals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, and other programs as needed. On -going with the goals of providing information and referrals to an average of 13 homeless individuals per month. Contact Log, Case Files 4. Provide one-to-one crisis intervention, assessment and case management for at least 10 homeless clients On -going with the goal of up to 1 new client per month. Case files 5. Participate in ride-alongs with National City Police Officers to provide homeless outreach and assistance Weekly HOPE Weekly Reports 6. Participate in regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Monthly Case files SBCS and the City of National City agree to participate in the HOPE Program by coordinating and/or providing the following services: As Lead Agency, the City of National City will: • Act as lead agency for administration and fiscal management of the proposed project. 4 • Provide and coordinate services from the various departments within the City of National City to address programmatic needs and provide support to the Homeless Outreach Liaison. • Facilitate the Homeless Committee meetings. • Provide office location for the Homeless Outreach Liaison at City Facility. • Providing direction to the Homeless Outreach Liaison relating to outreach and homeless camps cleanup efforts. • Provide temporary storage site for Homeless personal property as per abatement procedures during encampment clean-ups. • Provide the Liaison with contact information of City officials involved in addressing homeless -related issues. • Educate Homeless Outreach Liaison on city policies, ordnances, and resources that relate to homeless issues. • Supervise & create Homeless Outreach Liaison's schedule and approve service hours as determined by Homeless Committee Chair. As Partner Agency, South Bay Community Services will: Homeless Outreach Liaison • Receive and follow-up with residents' concerns regarding the city's homeless population within 72 hours (as documented in contact log). • Conduct outreach to homeless individuals, to connect them with appropriate services available within the community (as documented in contact log and intake forms). • Provide information and facilitate referrals to homeless individuals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, and other programs as needed (as documented in contact log and case files). • Provide one-to-one crisis intervention, assessment and case management for homeless clients (as documented in case files). • Participate in ride-alongs, as determined by the City, with National City Police Officers to provide homeless outreach and assistance (documented in HOPE Weekly Reports). • Participate in regular coordination meetings such as National City's Homeless Committee Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. • Networking with other community homeless groups for the purpose of examining best practices and sharing & receiving information in meeting program objectives. • Provide weekly reports on program activities and outcomes to the National City Homeless Committee Chair. • Provide quarterly statistics as determined by the Homeless Committee Chair. • Review weekly reports to ensure objectives are being addressed. • Homeless Outreach Liaison will assist in notification of shopping cart retrieval when associated with homeless activities. • Assist with documentation of stored homeless property after storage time has expired per City abatement procedures and the donation of such items not recovered. 5 • Provide outreach to community and assistance with "No -Trespass" notification notices when dealing with a homeless project sites. SBCS Supervisor of Homeless Outreach Liaison • Supervise Homeless Outreach Liaison's schedule and approve timecards. • Provide case management guidance and support. • Supervise Homeless Outreach Liaison's activities to ensure completion of program objectives. Program Evaluation Program Evaluation and Quality Management is an integrated process facilitated by the SBCS' Contract Compliance and Quality Assurance Department (CCQA). The CCQA staff possess extensive experience with monitoring and evaluating service delivery, and they regularly review the conditions of each contract to ensure these conditions are being met correctly and with high quality. SBCS has written policies which address Privacy, Confidentiality and the Release of Information, and all program procedures are HIPAA compliant. SBCS will use various tools to measure program success, including a contact log, sign -in sheets, customer satisfaction surveys, individual case contact notes, and a HOPE Weekly Report. The contact log will provide a record of homeless persons contacted or assisted by the Homeless Liaison. Sign -in sheets will indicate that a group or presentation took place. Individual case contact notes may include the assessment tool together with progress notes indicating increased knowledge of available resources, as well as increased social support and coping skills; referring information; notice of privacy and release of information; evaluations, reports and individual service plans including any revision; progress notes; collateral notes from conversations and meetings with other people including professionals regarding the case; and a closing summary. The HOPE Weekly Reports provide updates regarding Liaison contacts and client progress to ensure that SBCS is on track to meet and exceed program objectives. Project Management Structure The HOPE Program operates under SBCS' Community Development Department overseen by the Chief Executive Officer and Board of Directors. All project services will be provided by qualified staff, under the supervision of competent, experienced, and qualified supervisors. Mauricio Torre, Community Development Department Director, oversees all aspects of program development, implementation, evaluation and maintenance for department contracts and programs; promotes programs through outreach, presentations and networking; monitors budget and program process, statistical reporting and contract management; oversees all county required performance outcome project measurements; oversees completion of monthly data reports in 6 coordination with the Quality Assurance Department; supervises the completion of quarterly narrative reports as required by contracts; produces policies and procedures as well as other materials and forms for programs; conducts training, weekly meetings and strategic planning for department; manages the department budget and staff. Jose Mireles, Community Development Department, Program Director, supervises department programs related to fair housing, housing services and resources, employment assistance, emergency shelter, emergency food assistance, utility assistance, financial literacy, and case management; develops and maintains collaborative partnerships with the Chula Vista Elementary School District, Sweetwater Union High School District, and community organizations; develops and supervises operational and data collection systems; supervises program coordinators, direct service staff, and interns; supervises special projects and contracts; coordinates events and ongoing community activities; facilitates trainings and meetings; analyzes and audits client files; develops monthly, quarterly, and annual reports; and performs other duties as needed. Angel Perez, HOPE Liaison, is stationed at the National City Police Department and works collaboratively with National City representatives to provide outreach including information regarding public benefits and other services and programs available in the community, crisis intervention, assessment, and case management services for homeless individuals and families in National City; participates in regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition; maintains contact log, sign -in sheets and client case files; prepares weekly HOPE reports for review by SBCS CCQA and the City; performs other duties as assigned by the Program Director. See Organizational Chart below. 7 SBCS South Bay Community Services Organizational Chart Chula Vera Community Cmaaborative Ream Out National City to Collaborative Board Of Prawn Chief Executive Officer Case Nurture Res tl.nts Shelter Residents' Councils CAT Parent/ Youth Advisory Council Trolley Trestle Residents' Council / \ \ MEMO,. rem Yuan Organizational Capacity yy uu w6enw gnrtMaya 4rw Fab fimu, ROM Founded in 1971, SBCS is a multifaceted non-profit organization providing a comprehensive array of interconnected health, social service, education, and community development activities for children, youth, and families. SBCS' mission is to provide children, youth, and families with services which reinforce the family's role in our community and assist individuals to aspire realisticly to lives of self-fulfillment. SBCS touches the lives of almost 50,000 people annually, 60% of whom live below poverty level. SBCS serves the County's South Bay region, which covers over 400 sq. miles with a population of 450,244 and includes National City. SBCS' strengths include an exceptionally high level of collaboration with a wide variety of agencies; a broad range of bilingual, culturally appropriate services responding to the many needs of struggling families; flexible wraparound philosophy, including a "no wrong door" approach with staff out -stationed at multiple locations (including National City's Family Resource Centers, police department, and schools), that is responsive to emerging needs and challenges; and a high level of trust and recognition among low-income and at -risk neighborhoods. SBCS is committed to providing respectful services based on community strengths, needs, and goals. SBCS has an annual operating budget of $19 million, employs a staff of 212 professionals 8 supported by 200 volunteers. Staff hiring takes into account the racial, ethnic, linguistic, and social background of clients and every effort is made to provide a similar staff/client balance. Services are provided through four departments: 1. Family Wellness & Self Sufficiency Department: an integrated continuum of service strategies and programs focused on strengths, assets, and resiliencies of families; 2. Youth & Family Development: emphasizing prevention, early intervention, and diversion; 3. Community Development Department: affordable housing and economic advancement for low-income families; and, 4. Child Well Being Department: promoting children's abilities to learn at their optimal potential through health and developmental screenings, assessments and treatment, and early educational opportunities. As a result of our almost 40 years experience providing programs and services for children, youth, individuals, and families in the South Bay, SBCS has achieved a recognized level of success and expertise in working with low- and moderate -income individuals and families, including many who are homeless, and especially in providing bilingual, culturally competent services that are unparalleled in San Diego County. SBCS has been providing services to homeless youth and families since 1986, first in a series of Host Homes for runaway and homeless youth, and since in 1993 to homeless families (defined as at least one parent with a child or children). SBCS has a history of meeting the basic needs of our region's struggling individuals and families, and currently operates the South Bay's only permanently established homeless shelters. SBCS is recognized as the "go -to" agency in the South Bay to find out about community resources. SBCS has developed and manages 464 units of low income short-term, transitional, and affordable housing. In addition to serving homeless families, SBCS provides housing programs for vulnerable populations including youth aging out of foster care, runaway and homeless youth, victims of domestic violence, families living with HIV/AIDS, and low-income seniors. SBCS' integrated services for the homeless include short term shelter and transitional housing, 24-hour crisis intervention, mental health counseling, trauma -informed substance abuse services, legal assistance, emergency food, clothing, and transportation, parenting classes, job preparation, rental assistance, affordable housing development, independent living skills, child development and therapeutic preschool program, and a court -certified batterers' program. All homeless clients are assisted to ensure their inclusion on Section 8 Waiting Lists. SBCS staff have recognized that an increasing number of individuals coming through our programs are suffering from drug and/or alcohol abuse as well as serious mental illness, and that these serious, and often inter- related, conditions diminish their ability to establish permanent housing and self-sufficient lifestyles. As a result, SBCS now provides on -site mental health treatment and trauma -informed substance abuse treatment and recovery services. 9 Since July 2008, SBCS has provided Family Self Sufficiency services to individuals and families who meet the federal poverty level guidelines, under a contract with the County of San Diego. SBCS' WIA program for former foster youth and youth transitioning out of incarceration, known as the EXCEL program, is successfully meeting the intensive employment and educational training needs of many participants as evidenced by our increased employment and employment retention rates. The program also provides six- month, on-the-job internships for those needing additional assistance in attaining employment. SBCS is a member of the Regional Continuum of Care Council (RCCC) and has long been a leader in local homelessness prevention and assistance programs. Out of the work of the RCCC, the "10-Year Plan to End Chronic Homelessness in the San Diego Region" (PTECH) was created, and in 2004 San Diego County launched the plan which outlines strategies to eliminate chronic homelessness by 2012. The plan focuses on two core elements: the Housing First/Housing Plus model which has documented success in other communities, and strategies aimed at homelessness prevention. SBCS' Chief Executive Officer Kathryn Lembo is a member of Implementation Committee for the PTECH. Through this involvement she is able to ensure that National City constituents' issues are addressed during the implementation of the County- wide plan. SBCS also continues to be an active member of the RCCC. SBCS has a demonstrated commitment to forging successful collaborative relationships in order to serve low-income families and individuals more effectively, currently coordinating a number of major regional initiatives including Community Services for Families (CSF - child abuse prevention & intervention services), First 5 Healthy Development Services (I -IDS), the Community Assessment Teams (at -risk youth & families), and the Domestic Violence Response Team. SBCS was a founding member of the region's community collaboratives, and is the lead coordinator of services provided at the FRCs. SBCS and its partners maintain a comprehensive network through shared trainings, collaboration, joint programs, and co -located staff, serving the region from over 30 locations including school -based FRCs, domestic violence and homeless shelters, hospitals, schools, police stations, and community clinics. All are staffed by diverse teams of bilingual/bicultural professionals and dedicated, trained volunteers from the community. SBCS' history as a community leader, together with its comprehensive range of services for at -risk and homeless individuals and families, position it as uniquely able to assist individuals and families who are experiencing homelessness in National City. 10 EXHIBIT B BUDGET 2010-2011 Agency Name: South Bay Community Services Activity Name: National City HOPE Program Description BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) Department Director - Program Director Program Coordinator @ 10% - 4,307.00 4,307.00 NC Homeless Liasion @ 75% 27,004.00 27,004.00 Contract Compliance 2) Fringe Benefits Fica @ 7.65% Salaries 2,066.00 SUI 330.00 2,396.00 @ 1.799% of first $7,000 95.00 13.00 108.00 Pension @ 10% - 431.00 431.00 Health Insurance Insurance 3,435.00 538.00 3,973.00 W/Compensation @ 2% 512.00 86.00 598.00 3) Travel Mileage @ 100 miles/mth x $.50 600.00 600.00 4) Supplies and Materials Laptop 1,400.00 1, Program & Office Supplies & Printing 360.00 — 360.0060.00 1,020.00 Telephone & Internet@ $85/month 1,020.00 Wrapfunds 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) 4,708.00 736.00 5,444.00 @ 12.9% of Direct Cost TOTAL 1 $ 41,200 $ 6,441 47,641 RESOLUTION NO. 2011 — 162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SOUTH BAY COMMUNITY SERVICES IN THE NOT TO EXCEED AMOUNT OF $95,000 FOR THE PURPOSE OF PROVIDING SERVICES AND SUPPORT TO THE HOMELESS POPULATION IN NATIONAL CITY THROUGH A FEDERAL GRANT FROM THE U.S. DEPARTMENT OF JUSTICE WHEREAS, on September 8, 2010, the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance awarded the City of National City a grant for the Homeless Outreach Program and Enforcement (HOPE) Project in the amount of $95,000; and WHEREAS, the term for that project was from July 1, 2010 through June 30, 2011; and WHEREAS, the City and South Bay Community Services formed a partnership to provide outreach, resources, and case management to the City's homeless population, including addressing long-term housing issues, and to bridge the gap between homelessness and long-term care, funding for the clean-up of encampments, removal of debris, prevention and enforcement efforts; and WHEREAS, on May 26, 2011, the U.S. Department of Justice, Office of Justice Programs granted the City a one-year extension of the HOPE grant in the amount of $95,000, with a project ending date of June 30, 2012; and WHEREAS, the City of National City and South Bay Community Services desire to enter into an agreement in the not to exceed amount of $95,000, using funds provided by the HOPE grant, to provide services and support to the homeless population in National City from July 1, 2011 through June 30, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with South Bay Community Services in the not to exceed amount of $95,000, using funds provided by the HOPE grant, to provide services and support to the homeless population in National City from July 1, 2011 through June 30, 2012. PASSED and ADOPTED this 19th day of July, 20 on Morrison, ATTEST: '" PROVED AS TO FORM: Michael R. Della, ty Clerk is G. ity Attorn Iva Passed and adopted by the Council of the City of National City, California, on July 19, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City y National City, California lerk of the it of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-162 of the City of National City, California, passed and adopted by the Council of said City on July 19, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 19, 2011 AGENDA ITEM NO. 20 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the South Bay Community Services (SBCS) in the not -to -exceed amount of $95,000.00 for the purpose of providing services and support to the homeless population in the City of National City via a federal grant (No. 2010-DD-BX-0443) from the U.S. Department of Justice. PREPARED BY: Parris A. Bull, Police Sergeant DEPARTMENT: Police PHONE: (619) 336-4524 APPROVED BY: EXPLANATION: On September 8, 2010, the United States Department of Justice; Office of Justice Programs; Bureau of Justice Assistance awarded the City of National City a grant [Homeless Outreach Program and Enforcement (HOPE) Project] in the amount of $95,000.00 as part of the Congressionally Selected Awards Program (FY 2010). The purpose of the grant is to address homelessness in the City of National City. The original project period was from 07/01/2010 to 06/30/2011. The City of National City and South Bay Community Services formed a partnership to provide outreach, resources and case management to the City's homeless population. South Bay Community Services was contracted to address long-term housing issues, and to bridge the gap between homelessness and long-term care. The grant will also provide funding for the clean-up of encampments, the removal of debris, and other related homeless outreach, prevention and enforcement efforts. On May 26, 2011, the U.S. Department �f Justice; Office of Justice Programs granted the City an extension on the grant; therefore, the NEW roject period is from 07/01/2011 to 06/30/2012. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 290-411-622 APPRO The HOPE Project grant does not require matching funds or in -kind contributions from the City. Therefore, the City's General Fund will not be impacted by the grant. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends that the City Council authorize the execution of the Agreement with South Bay Community Services and the implementation of the services as provided for by the HOPE project/grant.. BOARD / COMMISSION RECOMMENDATION: ,TTACHMENTS: he Agreement between the City of National City and South Bay Community Services Exhibit A — South Bay Community Services' ten -page document regarding the Homeless Outreach Program and Enforcement Project OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax July 25, 2011 Ms. Kathryn Lembo South Bay Community Services 1124 Bay Blvd., Suite D Chula Vista, CA 91911 Dear Ms. Lembo, On July 19th, 2011, Resolution No. 2011-162 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with the South Bay Community Services. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Police Dept.