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Interfaith Community Services Inc; 2018-06-01;
RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR HOMELESS SOCIAL WORKER/CASE MANAGEMENT SERVICES INTERFAITH COMMUNITY SERVICES, INC. This Ratification of Amendment No. 1 is entered into as of the I ~ day of Jrl>L'/ , 2019, but effective as of the 1st day of July, 2019, extending and amending the agreement dated June 1, 2018 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and INTERFAITH COMMUNITY SERVICES, INC., ("Contractor") (collectively, the "Parties") for homeless social worker/case management field outreach services in partnership with the Homeless Outreach Team within the Carlsbad Police Department. RECITALS A. The Agreement expired on June 30, 2019 and Contractor continued to work on the services specified therein without the benefit of an agreement; and B. The Parties desire to extend the Agreement for a period of one year starting from July 1, 2019; and C. The Parties desire to alter the scope of the work of the Agreement and have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one year ending on June 30, 2020 on a time and materials basis not-to- exceed two hundred forty-four thousand, nine hundred and forty-four dollars ($244,944). Contractor will submit a budget for initial approval by Assistant Police Chief and provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by no later than June 30, 2020, and on a monthly basis starting on July 1, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The name of the persons who are authorized to give written notice or to receive written notice on behalf of the City under the Agreement shall be revised to identify the following City Attorney Approved Version 1/30/13 City representative. There shall be no change in the authorized person for the Contractor. For City Name: Title: Department: Address: Phone No: Email: Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Mickey Williams Assistant Police Chief Police 2501 Orion Way Carlsbad,Ca.92008 (760) 931-2260 mickey.williams@carlsbadca.gov 2 City Attorney Approved Version 1/30/13 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By: By: ~ ~ (sign heie) (print name/title) (,ro ) C~TY F CARLSBAD, a municipal co :.ra ion of the State of California By: , City Chief Operations Officer ATTEST: Q ---- !}f,;.J,, -)Al~ BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 3 EXHIBIT "A" SCOPE OF SERVICES AND FEE Contractor shall provide the following Scope of Services: A. Provide two, full-time State of California licensed social workers, one of which must possess bilingual (English, Spanish) language skills, or comparable clinicians or marriage and family therapists as approved by the City (Police Department), to work directly with the Police Department's Homeless Outreach Team both within the field and at the Police Headquarters, Carlsbad Safety Center, as directed by the Assistant Police Chief and/or other Police Department designee. B. Ensure each social worker or comparable case worker is available to work within the city limits of Carlsbad with the city's Homeless Outreach team for a minimum of 40 hours per week on a schedule to be approved by the Assistant Police Chief. (All holidays observed by the city may be excluded, if desired by Contractor and agreed upon by City). C. As directed by the City, provide homeless client case managed services at designated community sites or city facilities with a member of the police department's Homeless Outreach Team, and travel to city sites where these services are needed. D. Abide by the strategies set forth in the City of Carlsbad's Homeless Response Plan as approved by the City Council, which takes an individualized client, community focused and collaborative approach to addressing the needs of the homeless residents within the City of Carlsbad. E. Link homeless clients to housing, medical, mental health, addiction and recovery services, food, clothing, transportation, employment, Social Security/Social Security Disability, financial services and other needed services based on the client's individualized plan. Assist homeless clients to enroll in mainstream benefits and obtain identification (e.g., California Driver's License, California Identification Card and/or Social Security Card). F. Assist the homeless clients to identify housing options. G. Maintain regular communication, both written and verbal, with the Assistant Police Chief and/or designee. Attend regularly scheduled case management meetings to review social worker caseload or other client issues or concerns, as requested or required by Assistant Police Chief and/or designee. H. Complete accurate and thorough documentation in a timely manner. Maintain data on each program participant and program milestones, and provide required reports prepared in a format to the satisfaction of the Assistant Police Chief along with the monthly invoice for payment to the Assistant Police Chief and/or designee. I. Identify gaps in homeless services and assistance needs in Carlsbad and develop recommendations for program improvements in support of the Homeless Response Plan and specifically the Police Department's Homeless Outreach Team. J. Furnish all general office equipment, services, supplies, printing costs and postage associated with normal office, administrative support and service operations related to case management duties. Submit budget and payment schedule to Assistant Police Chief for approval prior to initiation of work. City Attorney Approved Version 1/30/13 4 Interfaith Community Services FY 2020 B d t u 1ge 139 -Carlsbad Case Mgmt Y 2020 Budg4 I Total REVENUES GRANTS & CONTRACTS 4131 City of Carlsbad -Case Management 244.944 Total GRANTS & CONTRACTS 244,944 CONTRIBUTIONS 4210 Individuals 0 4215 Corporations 0 4225 Faith Centers 0 4235 United Way 0 4240 Foundations 0 4250 Donated Securities 0 4995 · Noncash Vehicle Donations 0 Total CONTRIBUTIONS 0 4600 RENT INCOME 0 OTHER REVENUES 4818 Interest Income -Other 0 4817 Interest/Dividends -RSFF 0 4820 Interest/Dividends -JCF 0 4830 Miscellaneous Income 0 Total OTHER REVENUES 0 Total REVENUES 244 944 I 139 -Carlsbad Case Mgmt Y 2020 Budgi Total EXPENSES PERSONNEL & RELATED 5010 Salaries & Wages 158,412 5013 Vacation Accrual 9,612 5015 401 k Expense 3,060 5020 Medical & Dental Insurance 17,706 5040 Payroll Taxes 13,664 5045 Workers Compensation 5,196 5050 Temporary Help 0 Total PERSONNEL & RELATED 207 650 PROGRAM SERVICES 5110 Subcontract Expenses 0 5115 Motel Vouchers 0 5120 Rental Assistance 0 5125 Utilities Assistance 0 5130 Prescriptions/Testing Supplies 0 5135 Childcare 0 5140 Other Supportive Services 1,080 5150 Bus Passes 1,080 5155 Other Client Transportation 0 5160 Employment Training/Education 0 5165 Training/Education Supplies 0 5170 Employment Equipment/Clothing 0 5180 Other Employment Expenses 0 5190 Food/Pantry Supplies 0 5191 Vehicle Expenses 0 Total PROGRAM SERVICES 2160 OCCUPANCY EXPENSES 5210 Rent 0 5215 Storage Rental 0 5220 Purchase of Furniture/Equipment 0 5230 Repairs & Maintenance -Building 0 5235 Repairs & Maintenance -Other 0 5240 Landscaping 0 5245 Equipment Rental 0 5250 Cleaning Supplies 0 5255 Janitorial Expense 0 5260 Gas & Electric Expense 0 5261 Water Expense 0 5265 Other Utilities 0 Total OCCUPANCY EXPENSES 0 PROFESSIONAL FEES 5310 Accounting & Auditing Fee 0 5315 Payroll Service Charges 0 5320 Legal Fees 0 5330 Other Consulting Fees 0 5340 Corporate Technologies 840 5350 Other Technoloqy Consulting 0 Total PROFESSIONAL FEES 840 INSURANCE EXPENSE 5410 Property & Liability Insurance 600 5415 Cyber Liability Insurance 0 5420 Auto Insurance 0 5430 Directors & Officers Insurance 0 Total BUSINESS INSURANCE 600 5500 INTEREST EXPENSE 0 5800 DEPRECIATION 0 OTHER EXPENSES 5910 Postage & Shipping 0 5915 Bank Charges 0 5916 Finance Charges 0 5917 Credit Card Processing Charges 0 5918 Investment Expenses 0 5920 Office Supplies Expense 1,400 5921 Other Office Expense 240 5922 Employment Advertising 300 5923 Employment Expense 786 5925 Dues & Subscription 0 5930 Computer Hardware Expense 0 5931 Computer Software Expense 1,200 5932 Copier Expense 0 5935 Rent -Office Equip/Furn 0 5936 Purchase of Office Equip/Furn 0 5937 Repairs & Maint -Office Equip/Furn 0 5940 Mileage Reimbursement 3,600 5941 Travel Expense 0 5950 Seminars, Trainings & Retreat 1,500 5955 Advertising & Promotion 0 5960 Telephone Other 0 5961 Telephone Cellular 2,400 5970 Permits & Licenses 0 5975 Property Taxes 0 5980 5985 5995 5996 Wellness/Score Health Printing & Publications Special Event Expense Anniversarv Gala Expenses Total OTHER EXPENSES Total EXPENSES NET GAIN / CLOSS) INDIRECT EXPENSES@10% ACTUAL NET GAIN / (LOSS) 0 0 0 0 11,426 222,676 22 268 22,268 0 G pEOP[.~ q_\~ ,.,~ "-" <..o ,?' ,)\ I.---:--I n-t-e r---tn ~ community services ,1 RESOLUTION OF THE BOARD OF DIRECTORS OF INTERFAITH COMMUNITY SERVICES, INC. Authorized Signatory for Contracts & Financial Instruments The Board of Directors of Interfaith Community Services Inc., at the monthly Board of Directors meeting held on November 28, 2018, hereby resolves to authorize Greg Anglea, Chief Executive Officer to sign grant and contract proposals, execute contracts, amendments to contracts, adjustment requests, sign checks and manage financial accounts on behalf of Interfaith Community Services Inc. Signed copies of any resolutions shall be included in the next regularly scheduled board package. /~ 11lw/;;; Date Chair, Board of Directors 11/ 3u/l Y ~ } Mitchell Dubick Date ~ere~ I I /30 /18 Greg Anglea Date Chief Executive Officer Interfaith Community Services 550 West Washington Avenue, Escondido, CA 92025 • (760) 489-6380 • www.interfaithservices.or~ IN I CN:-0 vr1u; IVII ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/02/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~i~cT House Account North County Insurance W~>N:o Extl: 760-7 45-9511 ] r..e~ Nol: 760-745-9157 P. 0. Box 907 Escondido, CA 92033-0907 E-MAIL ADDRESS: House Account INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Philadelphia lndem nity Ins. Co 18058 INSURED Interfaith Community Services, INSURER B: Beazley Insurance Inc. INSURER C: 550 W. Washington Ave. STE B Escondido, CA 92025-1629 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE '""n lw,.,n POLICY NUMBER fMM/DD/YYYYI fMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE [K] OCCUR X PHPK1855769 08/01/2018 08/01/2019 IU"c"•cu $ 100,000 PREMISES fEa occurrence) A X Sexual Misconduct PHPK1855769 c--- 08/01/2018 08/01/2019 MED EXP (Any one person) $ 10,000 A Each 0cc PHPK1855769 08/01/2018 08/01/2019 PERSONAL & ADV INJURY $ 1,000,000 f---- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 ~ □PRO-DLoc $ 3,000,000 POLICY JECT PRODUCTS . COMP/OP AGG OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident\ c---A ANY AUTO PHPK1855769 08/01/2018 08/01/2019 BODILY INJURY (Per person) $ x ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) f----f---- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 10,000,000 f---- A EXCESSLIAB CLAIMS-MADE PHUB640154 08/01/2018 08/01/2019 AGGREGATE $ 10,000,000 OED I X I RETENTION $ 10,000 $ WORKERS COMPENSATION I PER I I OTH-AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) EL DISEASE . EA EMPLOYEE $ 11 yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE · POLICY LIMIT $ A Professional PHPK1855769 08/01/2018 08/01/2019 Occ/Agg 1M/3M B Cyber W22FE0180101 08/01/2018 08/01/2019 Occ/Agg 2M/2M DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITYOFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad City Hall THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Housing and Neighborhood Svc 1200 Carlsbad Village Drive AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ( lf_; ,e, .. _,,,,_, .. •, i: ... I .. )-/_.-',_,.';,··, ·.c:''.// © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1855769 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of s l'IVl"I nu-. -- ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement!sl. PRODUCER 619-937-0164 ~2tiI~cT Sam Brown Rancho Mesa Insurance Services r11g,N:o, Ext): 619-937-0164 [ rffc. No):619-937-0168 250 Riverview Parkway #401 Santee, CA 92071 foMn~~SS: INSURERISI AFFORDING COVERAGE NAIC# INSURER A: Zenith Insurance Company 13269 INSURED Interfaith Community Services INSURER B: 550 W. Washington Escondido, CA 92025 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ~W.P~ '~.~~~ POLICY NUMBER .. ~9!:!~'!-~f.L POLICY EXP LIMITS ITr> COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ,.-7 CLAIMS-MADE □ OCCUR DAMAGE T?,,~ENTED $ ,.-MED EXP <Anv one oersonl $ ~ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ Fl POLICY □ ~f-8-i □ LOG PRODUCTS -COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ ll=o orrjdenl\ $ ANY AUTO BODILY INJURY <Per oerson\ $ ,.-OWNED ~ SCHEDULED ~ AUTOS ONLY -AUTOS BODILY INJURY /Per accident) $ ~ HIRED AUTOS ONLY ,.-~8tai'1i~r~ rp~?~fc%~t?AMAGE $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION X I ~ffrnTE I I fd"H· AND EMPLOYERS' LIABILITY Y/N 2135124502 07/01/2019 07/01/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA 1,000,000 (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 5731 PALMER WAY, STE. A, CARLSBAD, CA 92010 CERTIFICATE HOLDER I CITY OF CARLSBAD CITY HALL HOUSING AND NEIGHBORHOOD SVS. 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ACORD 25 (2016/03) CITYCA7 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGREEMENT FOR HOMELESS CASE MANAGEMENT SERVICES INTERFAITH COMMUNITY SERVICES, INC. Tr{IS AGREEMENT is made and entered into as of the j s+-day of sj\ 'A,~ , 20J1, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and INTERFAITH COMMUNITY SERVICES, INC., a non-profit corporation, ("Contractor"). RECITALS A. City requires the professional services of an organization that is experienced in providing licensed social workers to provide case management services for homeless residents within the City of Carlsbad. B. Contractor has the necessary experience and capacity to provide for the licensed social workers to provide for professional services and advice related to case management services for homeless residents within the City of Carlsbad. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform said work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective until June 30, 2019. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be two hundred forty-four thousand nine hundred forty-four dollars ($244,944). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two hundred forty-four thousand nine hundred forty-four dollars ($244,944) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 9/27/17 May 22, 2018 Item #9 Page 7 of 18 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein· caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section , and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance City Attorney Approved Version 9/27/17 2 May 22, 2018 Item #9 Page 8 of 18 carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured . 10.1 .1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation lim its as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1 ,000 ,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement conta in, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Ag reement. 10.3 Provid ing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach , or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 9/27/17 3 May 22, 2018 Item #9 Page 9 of 18 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves .the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Marie Jones-Kirk Title Program Manager Department Housing & Neighborhood Services Address 1200 Carlsbad Village Drive Carlsbad, CA Phone No. 760-434-2807 For Contractor Name Megan Hawker Title Director of Clinical Services Address 550 West Washington Avenue Escondido, CA 92025 Phone No. 760-489-6380 Email m hawker@i nterf aithservices. org Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 9/27/17 4 May 22, 2018 Item #9 Page 10 of 18 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No 0 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution , which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager wi ll be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 9/27/17 5 May 22, 2018 Item #9 Page 11 of 18 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person , other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission , percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of wh ich Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 9/27/17 6 May 22, 2018 Item #9 Page 12 of 18 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. INTERFAITH COMMUNITY SERVICES, INC., a non-profit corporation By~ (sign here) Gr<' A~lo.-Cf 0 J (priRit name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: City Clerk , City Manager or ~·..,.~~iee!.-f Operations Officer If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 9/27/17 7 May 22, 2018 Item #9 Page 13 of 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California L · County of Q411\ J)1 ~ On ~ q I .?018 before me, \c~11vd nA • 'K'(41t1, v'l,J..,:41 Date / He~sert Name and Title of the Officer personally appeared ~ At\j )e, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~----------------------------------------------------~oPTIONAL~----------------------------------------------------~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: .J,l.MA«lcM C&o.t. Wa•Vf9t""-w.b ocument Date: ___.S: ___ ·=-O_._q_-~'1 ..... 6'"""'1.,,.S~- Number of Pages: 0\ Signer(s) Other Than Named Above: ____________ _ Capacity(ies} Claimed by Signer(s} Signer's Name: ~n4~g\.&.o..- ~orporate Officer ~11tle(s): -----'C£=()oe...._ ___ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other:-------------~ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 May 22, 2018 Item #9 Page 14 of 18 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. INTERFAITH COMMUNITY SERVICES, INC., a non-profit corporation By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney Assistant City Attorney City Attorney Approved Version 9/27/17 7 May 22, 2018 Item #9 Page 15 of 18 State of California County of __ s_a_n_D_ie_.g.._o ____ _ On this t Ort, day of ~ , 2019, before me, Valerie M. Brown, Notary, personally appeared , Joseph Stemml, Chief Financial Officer , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r VALERIE M. BROWN iii Commission No. 2082087 §;l ~ NOTARY PUBLIC-CALIFORNIA ~ RIVERSIDE COUNTY ~ I.,_._, ,.,..,..,..,..,.,..,..-cwomw'."~iss-io=n E~ires Septem_ber 1~~ (Seal) May 22, 2018 Item #9 Page 16 of 18 EXHIBIT "A" SCOPE OF SERVICES Contractor shall: A. Provide two State of California licensed social workers, one of which must possess bilingual (English, Spanish) language skills with minimum qualifications for both social workers to include; a bachelor's degree in Social Work, Psychology or other behavioral health disciplines; master's degree in Social Work, an active State of California license in social worker and five (5) years' experience providing case management services. B. Ensure placement for each social worker within the city limits of Carlsbad Monday through Friday from 7 a.m. until 5 p.m., with occasional nights and weekends. (All holidays observed by the city may be excluded, if desired by Contractor). C. Provide social worker case managed services at designated city facilities or community sites or with a member of the Homeless Response Team, and travel to city sites where these services are needed D. Abide by the strategies set forth in the City of Carlsbad's Homeless Response Plan and approved by the City Council , which takes a community focused and collaborative approach to addressing the needs of the homeless residents within the City of Carlsbad. E. Complete a comprehensive case management assessment for each homeless client by developing a detailed case plan that includes identifying barriers to housing. Review and update each plan to monitor progress towards goals as client's needs change. The City of Carlsbad requires the entry of client level data through the Homeless Management Information System (HMIS), ServicePoint as well Interfaith Community Services' additional client assessment and tracking tools. F. Link homeless clients to housing; medical, mental health, addiction and recovery services; food , clothing, transportation , employment, Social Security/Social Security Disability, financial services and other needed services based on the client's individualized plan . Assist homeless clients to enroll in mainstream benefits and obtain identification; e.g. California Driver's License, California Identification Card and/or Social Security card. G. Provide ongoing case management related services to assigned Carlsbad homeless individuals, to include: advocacy and support to assist the homeless individual remove barriers and achieve stated goals; ongoing assessment of individual needs including housing stability, mental health, physical health and overall safety ; development and review of a personalized service plan; coordination of service plan items; coordination, referral and connection to other service providers and community resources; crisis intervention services; and liaison and advocacy services to help remove barriers for the homeless individual. This includes communication with other community service providers, medical and mental health providers, treatment and recovery providers and family members. H. Assist the homeless client to identify housing options based on the individualized plan, and work to obtain and maintain permanent housing with the client for a period of up to nine months after housing placement based. Develop a long-term support plan to ensure previously homeless residents maintain housing and continue to achieve other personalized goals. I. Maintain regular communication , both written and verbal, with the Community Services Manager. Attend regularly scheduled case management meetings to review social worker caseload. · City Attorney Approved Version 9/27/17 8 May 22, 2018 Item #9 Page 17 of 18 J. Work collaboratively with City of Carlsbad Homeless Response Team, other service providers, and community partners to identify homeless individuals in need of case management services. K. Work with the Community Services Manager to maximize partnerships with service providers, community organizations and individuals to cultivate resources and stay connected to the changing needs of the community. L. Complete accurate and thorough documentation in a timely manner. Maintain data on each program participant and program milestones, and provide required reports along with the monthly invoice for payment. M. Identify gaps in homeless services and assistance needs in Carlsbad, and develop recommendations for community and program improvements in support of the Homeless Response Plan. N. Furnish all general office supplies, printing costs and postage associated with normal office and service operations related to case management duties. 0. Participate in City of Carlsbad Homeless Response Team or community meetings in support of the Homeless Response Plan or case management duties, as needed. P. Within thirty (30) days of contract execution, and in collaboration with the City of Carlsbad, develop a detailed project plan for implementation of program services, based on this scope of services. Personnel 0.05 FTE Behavioral Health Director 0.50 FTE Program Supervisor 1 FTE LCSW Bilingual Case Manager 1 FTE LCSW Case Manager Fringe benefits @ 33% Total Personnel Program Services Mileage Cell Phone & Internet Hot Spot (2, $1,200 each) Tablet/Computer (2, $1,500 each) Total Program Services Indirect Charge (10.01% federal authorized rate) Total Fee 9 $4,250 $36,000 $62,500 $60,500 $53,872 $217,122 $3,600 $2,400 $3,000 $9,600 $22,284 $244,944 City Attorney Approved Version 9/27 /17 May 22, 2018 Item #9 Page 18 of 18