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HomeMy WebLinkAbout20B - AA - AGMT - REDUCE HOMELESSNESS IN CIVIC CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: AGREEMENT WITH KINGDOM CAUSES, INC (DBA CITY NET) TO PROVIDE LEADERSHIP TO A MULTI - SECTOR COLLABORATIVE TO REDUCE HOMELESSNESS IN THE CIVIC CENTER AND FUNDING AGREEMENT WITH COUNTY OF ORANGE TO FUND HALF THE AGREEMENT WITH KINGDOM CAUSES, INC {STRATEGIC PLAN NO 5,6) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0 As Recommended L1 As Amended © Ordinance on 1't Reading El Ordinance on 2nd Reading El Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Kingdom Causes, Inc (DBA City Net), to develop a multi- sector collaborative to reduce chronic homelessness in the Civic Center, for a one year period, in an amount not to exceed $180,000, contingent on approval of a funding agreement for $90,000 by the County of Orange Board of Supervisors and subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute a funding agreement with the County of Orange for a contribution of $90,000 to fund half of an agreement with Kingdom Causes, Inc, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing funds from the County of Orange in the amount of $90,000 in revenue account (no. 01102002 - 57082) and appropriating the same to expenditure account (no. 01118810- 62300). DISCUSSION The City of Santa Ana has a significant number of chronic homeless individuals that reside in the Civic Center. In August, 2015, a survey identified 406 homeless individuals residing in or around 20B -1 Agreement with Kingdom Causes, Inc August 2, 2016 Page 2 the Civic Center. These individuals typically cycle in and out of a variety of crisis services, including hospital emergency departments and in- patient stays, psychiatric centers, and incarceration. This cycling between services not only has negative impacts on the health and well -being of the individual, but also incurs high costs to the public. To address this issue, there are mulitple homeless service providers working simultaneously to reduce homelessness together with faith based community groups and civic organizations working independently to provide emergency services. These services are often duplicative and independent of one another without a collective impact or outcome toward the reduction of homelessness at the Civic Center. This agreement with City Net will introduce a collective impact approach to reduce homelessness in the Civic Center and reduce taxpayer dollars spent on cyclical crisis services for the homeless. City Net will be tasked with coordinating food donations as well as other services taking place in the Civic Center that are currently being provided by these various groups. City Net will act as a neutral and independent backbone organization in order to improve coordination and efficiency in achieving solutions for homeless individuals while reducing duplication of services. As part of this agreement City Net will: 1) Establish and lead a Homeless Collaborative comprised of volunteers, faith -based organizations, non - profit organizations, homeless advocates, concerned citizens, businesses, public agencies, and any other concerned or interested parties /entities that will meet on a monthly basis with the goal to place 30 homeless individuals per quarter in housing. 2) Provide a report to the City and County on all of the activities and services being provided in the Civic Center including a needs analysis to guide long -term and short-term efforts with service providers (e.g. asset mapping). 3) Create a standard outreach manual, presentation, and /or regularly scheduled workshop to redirect any organization providing services to the homeless in the Civic Center toward permanent solutions to reduce homelessness and the causes of homelessness. 4) Coordinate all food donations and all other donations in the Civic Center. 5) Collect financial donations and establish an account accessible to members of the Homeless Collaborative. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). 20B -2 Agreement with Kingdom Causes, Inc August 2, 2016 Page 2 FISCAL IMPACT Funds in the amount of $90,000 are available in the Non - Departmental Contract Services- Professional account no. (05005018- 62300) for the Net agreement for projected expenditures in the following fiscal years: FY 2016 -17 $67,500 FY 2017 -18 $22,500 Total $90,000 Council Special Projects, City's share of the City Approval of the appropriation adjustment will recognize $90,000 in revenue account (no. 01102002 - 57082) and appropriate $90,000 for expenditure in account no. (01118810- 62300) for the County's share of the City Net agreement for projected expenditures in the following fiscal years: FY 2016 -17 $67,500 FY 2017 -18 $22,500 Total $90,000 Anticipated expenditures are subject to change, contingent upon the County's approval of the funding agreement and the one year term of the City Net agreement. APPROVED AS TO FUNDS AND ACCOUNTS: Robert Cortez Francisco—Gutierrez _D O Special Assistant to the City Manager Executive Director City Manager's Office Finance and Management Services Agency Exhibits: 1. Agreement with Kingdom Causes, Inc 2. Funding Agreement with the County of Orange 411W - r�- CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2016 by and between Kingdom Causes, Inc., a California non - profit corporation doing business as City Net (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge to develop a multi - sector collaborative to reduce chronic homelessness in the Civic Center area. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the following services over the term of this agreement, as set forth in greater detail in Exhibit A to this Agreement, attached hereto and incorporated herein by reference: a. Establish and lead a Homeless Collaborative comprised of volunteers, faith -based organizations, non - profit organizations, homeless advocates, concerned citizens, businesses, public agencies, and any other concerned or interested parties /entities that will meet on a monthly basis with the goal to place 30 homeless individuals per quarter in housing; b. Provide a report to the City and County on all of the activities and services being provided in the Civic Center including a needs analysis to guide long -term and short -term efforts with service providers (e.g. asset mapping); c. Create a standard outreach manual, presentation, and /or regularly scheduled workshop to redirect any organization providing services to the homeless in the Civic Center toward permanent solutions to reduce homelessness and the causes of homelessness; d. Coordinate all food donations and all other donations in the Civic Center; and, e. Collect financial donations and establish an account accessible to members of the Homeless Collaborative. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the total sum not exceed one- hundred and eighty thousand dollars ($180,000.00) during the term of this Agreement. Xi b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate one (1) year from the date first written above, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. I+ 1 - b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. G. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed In any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 20b -7 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the 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 the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and To Consultant: Executive Director -- CDA City of Santa Ana 20 Civic Center Plaza (M -25) P.Q. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.Q. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Office: Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. I+ r 15. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 16, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 20B -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council SONIA R. CARVALHO City Attorney 0 City RECOMMENDED FOR APPROVAL: ROBERT C. CORTEZ Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT (NAME) (Title) Tax ID# 206 -11 EXHIBIT A SCOPE OF WORK 1. Objective /Purpose Statement To establish, facilitate and provide leadership to a multi- sector collaborative to reduce homelessness in the Santa Ana Civic Center, so that long -term solutions based on national best practices, federal guidance and local needs are created for homeless neighbors and existing resources are expended effectively. 2. Project Background and Description The City of Santa Ana ("City") has a significant number of chronic homeless individuals that reside in the Santa Ana Civic Center. These individuals typically cycle in and out of a variety of crisis services, including hospital emergency departments and inpatient stays, psychiatric centers, and incarceration. This cycling between services not only has negative impacts on the health and well -being of the individual, but also incurs high costs to the public. In August 2015, a survey found 406 homeless individuals residing at the Civic Center. This project is being introduced as a new approach to reduce homelessness in the Civic Center and reduce taxpayer dollars spent on cyclical crisis services for the homeless. At the Civic Center, there are numerous homeless service providers working simultaneously to reduce homelessness. In addition to these organizations, there are multiple service providers, churches, outside organizations, companies and individuals who provide emergency services at the Civic Center. This agreement will task City Net with coordinating the food donations as well as other services taking place in the Civic Center. They will act as a neutral and independent backbone'organization in order to improve coordination and efficiency in achieving solutions for homeless individuals. This project will: 1) Reduce homelessness In the Civic Center; 2) Coordinate efforts with the faith -based community; and 3) Fill gaps in services being provided to the homeless in the Civic Center. 3. Activities Partner with homeless neighbors to connect with their desired outcomes — including a total quarterly goal of housing 30 homeless neighbors connected to and utilizing the Coordinated Entry System (CES) through existing Street Outreach Teams (SOT) to achieve successful placement and retention of housing. This may include but not be limited to gap services, furnishings, and housing transportation needs, etc.: o Coordinate with existing SOT from CES to identify gaps in SOT coverage and integrate faith -based groups in outreach and services. o Compile all data into Homeless Management Information System (HMIS) and share with HMIS- certified collaborative partners for multi- agency collaborative case management to connect homeless neighbors with appropriate housing. Must comply with HMIS standards and requirements for data entry. o AB 109 re -entry homelessness prevention, diversion and intervention program to leverage skilled outreach and case management resources to this fastest- growing segment of the homeless population. a 20B -12 o Participate in relevant Continuum of Care (COG) committee /workshops to identify and coordinate resources and countywide Initiatives and practices. • Challenging case soluflons, As identified by CES and the CES SOT, contractor will work with the most challenging cases in the Civic Center, who consume a disproportionately large percentage of available resources, and for whom solutions are not easily found, and connect these individuals to housing. These challenging cases will be identified by CES, as well as City leadership, first responders, collaborative partners and street level advocates. • Reduce community costs related to homelessness in the Civic Center through ongoing coordination of city -wide fundraising and volunteer engagement activities to equip partner organizations with no less than an equivalent of $25,000 per quarter via a combination of cash funds, gifts in -kind and boots on the ground volunteers to aid in outreach, emergency housing, diversion activities and relocations. • Mobilize and integrate the many assets of the larger community (faith -based groups, non- profit groups, civic groups, concerned neighbors, etc.) in order to provide supportive care to homeless neighbors through asset mapping. • Develop low- threshold emergency permanent housing solutions to add to the available supply of beds in the City and County. 4. Required Outcome and Deliverables Coordinate, redirect and enhance all goods and non - Coordinated Entry services being provided to the homeless in the Santa Ana Civic Center for the reduction of homelessness. The City shall have final review and approval authority over any and all decisions and activities conducted by City Net, as well as any and all documents, manuals, presentations, and related materials and activities prepared by City Net. Deliverable # 1: Homeless Collaborative Partner with homeless neighbors to connect with their desired outcomes — including a total quarterly goal of housing 30 homeless neighbors connected to and utilizing the Coordinated Entry System (CES) through existing Street Outreach Teams (SOT) to achieve successful placement and retention of housing. This may include but not be limited to gap services, furnishings, and housing transportation needs, etc.: • Coordinate with existing SOT from CES to identify gaps in SOT coverage and integrate faith -based groups in outreach and services. • Compile all data into Homeless Management Information System (HMIS) and share with HMIS - certified collaborative partners for multi - agency collaborative case management to connect homeless neighbors with appropriate housing. Must comply with HMIS standards and requirements for data entry. • AB 109 re -entry homelessness prevention, diversion and intervention program to leverage skilled outreach and case management resources to this fastest - growing segment of the homeless population. • Participate in relevant Continuum of Care (CoC) committee /workshops to identify and coordinate resources and countywide initiatives and practices. Deliverable # 2: Asset Mapping Asset mapping will reveal the assets of the Civic Center community and highlight the 20b -13 interconnections among them, which in turn reveals how to access those assets. This mapping process is designed to promote connections or relationships between individuals, between individuals and organizations, and between organizations with other organizations. This will include: • Identify who, what, when and where services and goods are being provided in the Civic Center. • Build an inventory of the strengths and contributions of the people who make up the Civic Center community prior to intervening. • Document the tangible (physical assets) and intangible (personal assets e.g. experiences, skills, knowledge, passion) resources of the Civic Center community, viewing it as a place with assets to be preserved and enhanced, not deficits to be remedied. a Identify other assets in the community to reduce homelessness in the Civic Center per asset mapping practices. • Develop gap /needs analysis to guide efforts with faith based community and other service agencies. • Develop a report on the gap in activities /services not being provided in the Civic Center with a plan on how to implement and fund those services. Deliverable # 3: Using the data and information obtained from Deliverable # 2, create a standard outreach manual, presentation and /or regularly scheduled workshop to redirect any organization, business or church that provides services to the homeless in the Civic Center toward permanent solutions to reduce homelessness and the causes of homelessness. Deliverable # 4: Coordinate all food donations and other services in the Civic Center by faith - based organizations, service agencies and non -CES resources: • Santa Ana Homeless Collaborative will meet monthly or more frequently as needed to coordinate delivery of services and the implementation of solutions to reduce homelessness in the Civic Center. • Communicate regularly with existing CES /SOT, County and City representatives to identify and discuss gaps in services. Include existing CES, County and City services in decision - making process of coordination. • Create website portal for information dissemination that allows for efficient dissemination of information to the organizations that work at the Civic Center. Deliverable # 5: Collect no less than $10,000 in financial donations per quarter and place said cash funds in an account created and controlled by City Net, but accessible to members of the Santa Ana Homeless Collaborative. City Net shall keep an ongoing accounting of all money received and all money spent from said account, and provide a detailed accounting report of said financial activity to the City upon request. Documentation must also be provided for an equivalent of $15,000 per quarter via gifts in -kind and boots on the ground volunteers to aid in outreach, emergency housing, diversion activities and relocations. Funds to be used for gap services and needs as identified in Deliverable # 2. Policies and Procedures for these funds will be developed by a sub -group of the Santa Ana Homeless Collaborative, 10 20B -14 =40111A. 19 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 206 -15 20B -16 THIS AGREEMENT is made and entered into this _ day of , 2016, by and between the County of Orange, a political subdivlslon of the State of California (hereinafter "County "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. WHEREAS, the City will contract with Kingdom Causes, Inc., a California non - profit corporation doing business as City Net (hereinafter "Service Provider "), to develop a multi - sector collaborative to reduce chronic homelessness in the Civic Center area for a one year term; & WHEREAS, the County herein approves a contribution of ninety thousand dollars ($90,000.00) to the City to fund the Service Provider; and, C. WHEREAS, the ninety thousand dollars ($90,000.00) from the County will be applied to the one - hundred and eighty thousand dollars ($180,000.00) required to fund the one year term of the Service Provider's multi- sector collaborative in the Civic Center area. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: f. SCOPE OF WORK The County will provide to the City an amount of ninety thousand dollars ($90,000.00) to support the one year term of the Service Provider's multi - sector collaborative in the Civic Center area. In exchange for the foregoing, the City will meet the obligations set forth in Section 5. 2. FUNDING a. It is understood and agreed between the parties to this Agreement that the County's funding for the City's obligations set forth in Section 5 shall not exceed ninety thousand dollars ($90,000.00) during the term of this Agreement. b. Payment shall be made by the County to the City as a lump sum within thirty (30) days of the execution of this Agreement. C. All funding provided by the County shall be expended by the City solely for the purposes set forth in this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2016, unless terminated earlier in accordance with the termination provisions below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR The performance of each party's obligations hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of the other party. In consideration for the funding paid to the City by the County, the City agrees that the County shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and the City agrees that it shall not sue or file a claim, �' 15 JrA petition, or application therefor against the County or any of its officers, employees, agents, representatives or sureties. 5. CITY'S RESPONSIBILITIES The City, through the Service Provider, shall provide the following in the Civic Center area during the one year term: a. Establish and lead a Homeless Collaborative comprised of volunteers, faith -based organizations, non - profit organizations, homeless advocates, concerned citizens, businesses, public agencies, and any other concerned or interested parties /entities that will meet on a monthly basis with the goal to place 30 homeless individuals per quarter in housing; b. Provide a report to the City and County on all of the activities and services being provided in the Civic Center including a needs analysis to guide long -term and short -term efforts with service providers (e.g. asset mapping); c. Create a standard outreach manual, presentation, and /or regularly scheduled workshop to redirect any organization providing services to the homeless in the Civic Center toward permanent solutions to reduce homelessness and the causes of homelessness; d. Coordinate all food donations and all other donations in the Civic Center; and, e. Collect financial donations and establish an account accessible to members of the Homeless Collaborative. 6. INSURANCE Each party agrees that the insurance held by the other, whether commercial or self - insurance, is sufficient for the purposes of this Agreement. INDEMNIFICATION City and the Service Provider agree to and shall indemnify and hold harmless the County, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the City or Its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement, including the Service Provider; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the City or the Service Provider. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. County may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will City or the Service Provider be required to indemnify or hold harmless the County from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the County. The County agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, Including death, and claims for property damage, which may arise from the negligent operations 2 20B -18 of the County or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the County. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will County be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the City. 8. RECORDS City and the Service Provider shall keep records and invoices in connection with the work to be performed under this Agreement. , All such records and invoices shall be clearly identifiable. City and the Service Provider shall allow a representative of the County to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours upon five (5) day written notice. City and the Service Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to City under this Agreement. 9. CONFLICT OF INTEREST CLAUSE City covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: MMM Executive Director — CDA City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 206 -19 To County: With a copy to Fax 714- 647 -6515 County Counsel Office of the County Counsel County of Orange 333 W. Santa Ana Blvd., Suite 407 Santa Ana, CA 92701 A party may charge its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the County and City, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the County and by an authorized representative of the City. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate the County or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of the Service Provider, City may not assign, transfer, delegate, or subcontract any Interest herein without the prior written consent of the County and any such assignment, transfer, delegation or subcontract without the County's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the County or the City, with or without cause, upon thirty (30) days written notice of termination. In such event, the City shall be entitled to receive and the County shall pay City compensation for all services performed by City prior to receipt of such notice of termination. 4 20B-20 14. DISCRIMINATION City shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. City affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify the other party fully, including reasonable costs and attorney's fees, for any injuries or damages in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. No Agency Relationship. Nothing herein will be construed to create an agency relationship between the parties. G. The rights and obligations set forth herein are intended exclusively for the benefit of the parties and shall not be construed to convey any rights or remedies to any third party. The Recitals to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof. e. The effective date of this Agreement (the "Effective Date ") shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. No Party shall have any obligations under this Agreement (notwithstanding any approval of such Agreement given by the parties' legislative body) unless and until all parties execute this Agreement in compliance with all applicable law. 206 -21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R CARVALHO City Ajtq, npV By: Ryan RECOMMENDED FOR APPROVAL: COUNTY OF ORANGE ROBERT CORTEZ Special Assistant to the City Manager City Manager's Office :••.a _�: •:u County Counsel 20B622