CPMS
Agenda Item A.15
CONSENT CALENDAR
Meeting Date: June 20, 2023
TO: Mayor and Councilmembers
FROM: Jaime A. Valdez, Neighborhood Services Director
CONTACT: Chuck Flacks, Homelessness Services Coordinator SUBJECT: Amendment No. 3 to Professional Services with Santa Barbara Alliance for Community Transformation
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement No. 2021-049 with Santa Barbara Alliance for Community Transformation for professional engagement and coordination services, increasing the contract authority by $38,000 for a not to exceed amount of $83,000, with a term expiring June 30, 2024.
BACKGROUND:
On May 18, 2021 , the City Council approved an agreement with the Santa Barbara Alliance for Community Transformation (SB ACT) to assist in the creation and facilitation of a new Goleta Regional Action Plan. SB ACT immediately began to convene a weekly meeting of City staff, elected officials, service providers, law enforcement, and interested residents to coordinate the implementation of the Homelessness Strategic Plan. SB ACT helped coordinate outreach activities conducted by service providers and clean -up activities completed by City of Goleta and County of Santa Barbara staff. At that time, the agreement term was from June 21, 2021, to June 21, 2022, for a not-to-exceed amount of $16,750.
On June 30, 2022, the City Manager approved Amendment No. 1 to P rofessional Services Agreement No. 2021 -049 to provide additional compensation not-to-exceed $45,000. Additional funds were added in anticipation of the creation of a neighborhood navigation center as discussed in the revised scope of work (Exhibit A-1). The term of the agreement was also extended to June 30, 2023.
On January 31, 2023, the City Manager approved Amendment No. 2 to the Professional Services Agreement No. 2021-049 to amend the scope of work to include two community engagement meetings and walking tours of business areas impacted by homelessness. 1 Meeting Date: June 20, 2023
DISCUSSION:
SBACT’s scope of work has been to move the implementation of the Homelessness Strategic Plan (HSP) forward with a diverse array of stakeholders. This engagement allows the plan to stay current and paves the way for future updates. They have not yet created a pop-up neighborhood navigation center, which was identified in the HSP as a service gap, though they have created a list of potential sites and are in negotiations with the owners of one site for possible implementation. They did not bill the City for this work and have adhered to a deliverable-based invoicing process.
The proposed Amendment No. 3 would increase the total not-to-exceed contract amount from $45,000 to $83,000 to cove r the ongoing work of weekly stakeholder meetings, neighborhood engagement meetings, and the planning and implementation of the neighborhood navigation center. In addition to the weekly meetings and the creation of a neighborhood navigation center, Amendment No. 3 also redefines the scope of work to include the following:
A monthly community concerns meeting, broadly advertised, to enable residents and businesses to raise awareness and call for action at specific locations in the City;
Four in -person commu nity meetings to build awareness about homelessness, dispel myths, and educate the public about solutions to homelessness; and, Create a lived experience working group of formerly homeless people to inform and guide policy development and advise the City o n the implementation of its Homeless Strategic Plan.
Staff supports the proposed amendment because SB ACT’s work is furthering several HSP objectives, including:
Support regional efforts to develop housing for the homeless in Santa Barbara County;
Develop public education campaign on homelessness;
Support expanded outreach efforts; and
Establish a Coordinated Entry System location in Goleta
To date, SB ACT has spent $33,000 of the existing $45,000 budgeted. This amendment would also extend the term of the contract to June 30, 2024, and is provided in Attachment
1. The original agreement with SB ACT and Amendment No. 1 and No. 2 is provided in Attachment 2.
FISCAL IMPACTS:
There are sufficient funds in the Neighborhood Services Department project account to cover the contract increase of $38,000. No additional appropriation is needed.
2 Meeting Date: June 20, 2023
ALTERNATIVES:
The alternative to this services agreement would be that the Homelessness Services Coordinator take on all the work that SB ACT is contracted to provide. Given that the Homelessness Services Coordinator is attending regional meetings on homelessness and working on overall implementation of the HSP, the SB ACT scope of work would likely take much longer to achieve.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 3 for Santa Barbara Alliance for Community Transformation Agreement No. 2021-049
2. Santa Barbara Alliance for Community Transformation Agreement No. 2021 -049, Amendment No.1 and Amendment No. 2 to Agreement No. 2021-049 3 Attachment 1
Amendment No. 3 to a Professional Services Agreement Between The City of Goleta and Santa Barbara Alliance For Community Transformation 4 City of Goleta
Amendment No. 3 to Agreement No. 2021-49
AMENDMENT NO. 3
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
SANTA BARBARA ALLIANCE FOR COMMUNITY TRANSFORMATION
This Amendment No. 3 to the 2021-49 Agreement by and between the City of Goleta, a municipal corporation (“City”) and Santa Barbara Alliance for Community Transformation aka SBACT, a 501(c) (3) (“Consultant”) dated June 21, 2021 (“Agreement,” Agreement No. 2021-49), is made on this _____ day of ___, 2023.
SECTION A. RECITALS
1. This Agreement is for the facilitation of the Goleta Regional Action Plan and other projects to address homelessness in Goleta; and
2. This Agreement has been amended to increase the maximum compensation for required duties to $45,000; to extend the termination of the agreement to June 30, 2023; and to amend the scope of work (Amendment No. 1); and has been amended to add additional services (Amendment No. 2); and
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $45,000; and
4. The parties desire to amend the Agreement so as to provide additional funds for a new not to exceed amount of $83,000; and
5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2024; and
7. The Agreement currently provides in Exhibit A -2 entitled “Scope of Work” the complete and particular description of services; and
8. The parties desire to amend Exhibit A-2 by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-3"; and
9. The City Council approved this Amendment No. 3, on this _____ day of ____, 2023.
DocuSign Envelope ID: 7A7F1A88-ED4B-40CF-9CA0-BF448EDB1053 5 City of Goleta
Amendment No. 3 to Agreement No. 2021-49
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add additional funds in the amount of $38,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of eighty-three thousand dollars ($83,000) (herein "not-to-exceed amount") and shall be earned as the work progresses.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional twelve (12) months to read in its entirety:
The term of this Agreement is fr om the date first written above to June 30, 2024, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit A-2 “Scope of Work” with Exhibit A-3 “Scope of Work” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 7A7F1A88-ED4B-40CF-9CA0-BF448EDB1053 6 City of Goleta
Amendment No. 3 to Agreement No. 2021-49
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Rich Sauder, Executive Director
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Randy Goetz, Board Chair
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 7A7F1A88-ED4B-40CF-9CA0-BF448EDB1053 7 City of Goleta
Amendment No. 3 to Agreement No. 2021-49
Exhibit A-3 Scope of Work
The Santa Barbara Alliance for Community Tran sformation (SB ACT) will provide the facilitation of a new Goleta Regional Action Plan (RAP) – a weekly series of activities that will begin on July 1, 2023, and conclude on June 30, 2024.
Using the Goleta Homelessness Strategic Plan (as amended and adopt ed on April 20, 2021) as a guide for future action, SB ACT will conduct the following activities:
Regional Action Plan ning. Utilize proven strategies to reduce the impact of homelessness, including offering neutral coordination of services, hosting recurr ing community forums, and bringing service hubs to sites where individuals expe riencing homelessness can most easily access them.
Host one monthly “Community Concerns” meeting. In this meeting, community members and business owners are invited to share their concerns and questions (4th Monday). SB ACT and the City of Goleta can host additional RAP meetings each month as needed, either focused on special topics or specific areas of impact.
Educate the community about long-term solutions to homelessness .
Education campaign will include:
o Topical presentations during RAP meetings. Topics may include Goleta homelessness strategic plan updates, document readiness, de-escalation strategies, and more.
o Bi-monthly site visits to high -impact neighborhoods. These sit e visits will include meetings with impacted residents and may also include outreach to additional business owners and residents.
o At least four (4) community education & advocacy events. These may include open “Homelessness 101” trainings hosted in public venues or topical presentations on community responses to homelessness issues. It may be preferable to offer these events by City Council district. Education events will be publicized via communications channels (email lists and/or social media) maintained by SB ACT, the City of Goleta, SB South Coast Chamber of Commerce, Towbes Real Estate Group, CLUE Santa Barbara, Clergy Association of Santa Barbara, and other channels as needed. Convene a “Lived Experience” group to offer insight regarding Goleta’s Homelessness Strategic Plan. SB ACT will convene four to six (4-6) meetings of individuals with a variety of lived experience of homelessness to offer insight into updating the strategies and implementation of Goleta’s Homelessness Strategic Plan. Individuals with lived experience will receive a $25 gift card for each meeting in which they participate.
DocuSign Envelope ID: 7A7F1A88-ED4B-40CF-9CA0-BF448EDB1053 8 City of Goleta
Amendment No. 3 to Agreement No. 2021-49
Respond to staff or City Councilmember concerns in a timely manner with written follow up . SB ACT will coordinate all communications to City staff or elected officials with the City of Goleta Homeless Services Coordinator. Respond to community concerns as they arise and direct them to the appropriate City staff and parties for response . SB ACT will coordinate all communications with community members regarding homelessness concerns with the City of Goleta Homeless Services Coordinator.
SB ACT will also establish a Neighborhood Navigation Center ( NNC) to provide a temporary weekly access point for the delivery of services to Goleta residents experiencing homelessness. SB ACT’s activities will include:
Develop a formal NNC site and implementation plan. This process includes outreach to potential NNC sites partners, coordination of relevant documentation (partner MOUs, insurance documentation), development of NNC promotional materials (including outreach informational cards), and implementation timeline. Facilitate a monthly NNC coordination meeting. Meeting participants will include representatives from NNC partner agencies. Meetings may include trainings on relev ant topics (e.g., de -escalation, motivational interviewing), discussion of specific site needs, and partner updates. Meeting will take place during one of the monthly Monday 10am Goleta outreach team meetings. Provide weekly coordination and supervision at NNC site. SB ACT staff will be onsite to assist with provider support, site infrastructural needs, and any additional client needs that may arise.
Address partner organization needs in support of the NNC as they arise. SB ACT staff will assist partner organizations with warm handoffs, addressing NNC community concerns, and interfacing between City/site providers and service providers. SB ACT will maintain a small flexible fund of $1,000 for the purpose of assisting with diversion and/or street exits through the Goleta NNC. Develop and facilitate Day Center Coalition. SB ACT staff will build a coalition of key stakeholders (service providers, community advocates, and/or individuals with lived experience) to scout and vet sites for a possible Day Center. T he Coalition will meet monthly to develop a list of possible sites to reach out to and vet with Goleta City staff at least three (3) possible sites per month.
DocuSign Envelope ID: 7A7F1A88-ED4B-40CF-9CA0-BF448EDB1053 9 Attachment 2
Santa Barbara Alliance for Community Transformation Agreement No. 2021-049, Amendment No.1 and Amendment No. 2 to Agreement No. 2021-049 10 City of Goleta
City of Goleta and Santa Barbara Alliance for Community Transformation
Project Name: SB ACT Goleta Regional Action Plan
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
SANTA BARBARA ALLIANCE FOR COMMUNITY TRANSFORMATION
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of June , 2021, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and Santa Barbara Alliance for Community Transformation aka SB ACT, a 501(c)(3)(herein referred to as "CONSULTANT").
SECTION 1. RECITALS
A. The CITY has a need for professional services for the creati on and facilitation of a new Goleta Regional Action Plan - a weekly se ries of activities that will begin on June 21, 2021 and conclude on June 21, 2022; and
B. The CITY does not have the personnel able and/or available t o perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
C. The CITY procured these services in compliance with Goleta M unicipal Code Section 3.05.240.G Urgencies because the services to be pr ovided by CONSULTANT are urgently needed to aid in the City’s response to the COVID-19 pandemic emergency; and
D. The City Council, on this 18
th d a y o f M a y , 2 0 2 1 , a p p r o v e d t h i s AGREEMENT and authorized the City Manager to execute the AGREEMENT.
SECTION 2. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts s uch engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
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Professional Services shall generally include creation and faci litation of the new Goleta Regional Action Plan as more particularly set fo rth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Ex hibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the s u m of $16,750 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
(b) Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marke d Exhibit "B," attached and incorporated herein. The rates and expenses set f orth in that exhibit shall be binding upon CONSULTANT until June 21, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Projec t Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(c) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra servi ces, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSU LTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra ser vices or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. An y compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplishe d under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who present ly is Jaime Valdez.
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Project Manager shall have the authority to act on behalf of th e CITY in administering this AGREEMENT but shall not be authorized to extend the term o f the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 21, 2022, unless term of this AGREEMENT is extended, or the AGREEME NT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provi ded by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), inclu ding duplication of same prepared by CONSULTANT in the performance of these service s , a r e t h e property of CITY. CITY shall be entitled to immediate possessi on of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless fro m all damages, claims, expenses, and losses arising out of any reuse of the pl ans and specifications for purposes other than those described in this AGREEMENT, unless w ritten authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY.
Landon Ranck is deemed to be specially experienced and is a key m e m b e r o f CONSULTANT's firm, and shall be directly involved in the perfor mance of this work.
This key person shall communicate with, and periodically report t o , C I T Y o n t h e progress of the work. Should any such individual be removed fr om assisting in this contracted work for any reason, CITY may terminate this AGREEME NT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, h armless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, los ses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTA NT’s contractors or subcontractors, or to the owners of CONSULTANT's f i r m , w h i c h damages, losses, injuries or liability occur during the work re quired under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are
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connected, directly or indirectly, with CONSULTANT's performanc e of any activity or work required under this AGREEMENT.
(b) Defense and Indemnity of T hird Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automob ile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or i ndirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s of ficers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employee s, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
(c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this secti on because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of California with an A.M. Best and Co mpany rating of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Co mmercial Liability coverage “o ccurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 gene ral aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent c o v e r i n g Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Pro vider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
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c) Workers’ Compensation insurance complying with California wo rker’s compensation laws, including statutory limits for workers’ comp ensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000 ,000 per claim.
Liability insurance policies required to be provided by CONSULT ANT hereunder shall contain or be endorsed to contain the following provisions:
a) CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any an d all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be p r o v i d e d o n Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed ope rations shall be provided either in the additional insured form or through anoth er endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insura nce policies inception date, continuity date, or retroactive date must be before the effective date of this agre ement.
CONSULTANT agrees to maintain continuous coverage through a per iod no less than three years after completion of the services required b y t h i s agreement.
d) Liability coverage shall be primary and non-contributing w ith any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be su spended, voided, canceled or reduced in coverage or in limits except after 30 da ys’ prior written notice has been given to CITY. Such provision shall no t include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance cove rage provided to comply with th is AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s employees, or agents , from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
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g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of pre miums or other amounts with respect to the insurance required to be provided b y CONSULTANT hereunder. Any failure, actual or alleged, on the p art of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no addition al obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the righ t but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will wit hhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of a ny claim or loss against CONSULTANT arising out of the work performed under t h i s AGREEMENT. CITY assumes no obligation or liability by such not ice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely respon sible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTAN T shall correct, at its expense, all errors in the work that may be disclosed du ring CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make s uch correction in a reasonably timely manner, such correction shall be made by CI TY, and the cost thereof shall be charged to CONSULTANT or withheld from any fun d s d u e t o CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agre ed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and oblig ation to immediately assemble work in progress for the purpose of closing out the jo b. All compensation for
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actual work performed and charges outstanding at the time of te rmination shall be payable by CITY to CONSULTANT within 30 days following submissi on of a final statement by CONSULTANT unless termination is for cause. In su ch event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all cl aims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensatio n claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTAN T s f o r t h e accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, exami ne and/or reproduce such re cords. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length o f time for which such failure continues, shall not constitute a waiver of such party' s right to demand strict compliance by such other party in the future. No waiver by a p arty of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach . No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/ or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, an d invocation of any such right or remedy shall not constitute a waiver or election of re medies with respect to any other permitted or available right of remedy.
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17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGR EEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by an y CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever r equired by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the Sta te of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpa yer Identification Number and Certifi cation, Form W-9 (Rev. October 2 0 1 8 ) , a s i s s u e d b y the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencum bered appropriation of CITY funds. In the event CITY has not appropriated sufficie nt funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEM ENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
18 City of Goleta
City of Goleta and Santa Barbara Alliance for Community Transformation
24. MODIFICATION OF AGREEMENT
The tasks described in this AGR EEMENT and all other terms of th is AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain duri ng the term of this AGREEMENT, all appropriate permits, licenses, and certific ates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of a ny provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREE MENT on its behalf and bind said party and its respective administrators, o fficers, directors, shareholders, divisions, subsidiaries, agents, employees, succe ssors, assigns, principals, partners, joint venturers, insurance carriers and a ny others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations f o r obtaining this AGREEMENT, this AGREEMENT supersedes any other a greements, either oral or in writing, between the parties hereto with resp ect to the rendering of services, and contains all of the covenants and agreements betw een the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of compet ent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
19 City of Goleta
City of Goleta and Santa Barbara Alliance for Community Transformation
31. NOTICES
Any notice required to be given hereunder shall be deemed to ha ve been given by depositing said notice in the United States mail, postage pr epaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Landon Ranck
SBACT
PO Box 217
Santa Barbara, CA 93102
20 City of Goleta
City of Goleta and Santa Barbara Alliance for Community Transformation
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which m ay be facsimile or electronic copies. Each counterpart is fully effec tive as an original, and together constitutes one and the same instrument.
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Michelle Greene, City Manager Rich Sander, Executive Director
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Randy Goetz, Board Chair
APPROVED AS TO FORM:
MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
21 City of Goleta
City of Goleta and Santa Barbara Alliance for Community Transformation
Exhibit A - Scope of Work
The Santa Barbara Alliance for Community Transformation (SBACT) will provide the creation and facilitation of a new Goleta Regional Action Plan - a weekly series of activities that will begin on June 21, 2021 and conclude on June 21, 2022.
Using the Goleta Homelessness Strategic Plan (as amended and adopted on April 20, 2021) as a guide for future ac tion, SBACT will conduct the foll owing activities on a weekly basis:
Goleta RAP utilizes proven strategies to reduce the impacts of homelessness.
Ɣ Host an ongoing meeting with city staff, homeless outreach and shelter service providers, law enforcement, faith community members, businesses , hotelier, residents, and other experts to create time-bound plans with de liverables to reduce homelessness;
Ɣ Create a culture of mutual accountability where partners both develop local action steps and bring resources to the table to support these actions; Ɣ Respond actively to the concerns of the community whether it b e emergency situations or areas of long-term impacts by rallying appropriat e partners to resolve local issues. Such issues may include encampments in fire hazard areas, aggressive loitering or panhandling in front of private busines ses, or the expressed need for wrap-around services to support individuals or families in distress;
Ɣ Help to educate the community on long term solutions to homele ssness through presentations during RAP meetings;
Ɣ Create 30/60/90 day impact reduction plans with all partners. These plans become agenda items until local deliverables based on capacity and resources are reached; and,
Ɣ Respond to staff or city councilmember concerns in a timely ma nner with written follow up.
SBACT will provide the following deliverables:
On a quarterly basis, SBACT will write a memo to the Director o f Neighborhood Services and Public Safety on the status of their 30-60-90 day action items and any other concerns that may have arisen during the previous quarter . These reports will be due on or before September 30, 2021, December 31, 2021, March 3 1, 2022, and June 21, 2022.
At the request of the mayor and/or the city manager, SBACT may be called upon to report on its activities at public meetings of the city’s Homel essness Standing Committee and/or a meeting of the City Council.
22 City of Goleta
Amendment No. 1 to Agreement No. 2021-049
9. The City Manager approved this Amendment No. 1, on this _____ day of
30 AMENDMENT NO. 2021-049.1
TO A PROFESSIONAL SERVICES AGREEMENT
BE
TWEEN THE CITY OF GOLE TA
AND
SANTA BARBARA ALLIANCE FOR COMMUNITY TRANSFORMATION
This Am endment No. 1 to the 2021-049 Agreement by and between the City o f Goleta, a municipal corpo r ation (“C ity”) and Santa Barbara Alliance for Community Transformation aka SB ACT, a
501(c)(3) (“Consultant”) dated June 21, 2021
(“Agreement,” Agreement No. 2021-049) is made on this ____ day of ____ne___,
2022.
SECTION A. RECITALS
1. This Agreement is for the continued facilitation of the Goleta Regional A
ction Plan and other projects as more particularly set forth in the Scope of Work, attached as Exhibit A-1 to this Amendment; and
2. This Agreement has been ame nded to exten d the time and scope of the contract, to work towards a neighborhood navigation center in Go leta.
3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $16,750; and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amo unt of $28,250 for continued and additional tasks; and
5. The Agreement curr entl y p r ovides in S ection 6 for the termination of the Agreement on June 30, 2022; and
6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2023; and
7. The Agreement curr ently p rovides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
8. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth i n t he Scope of Work, attached as Exhibit "A-1"; and _____ 2022.
June
30 23
City of Goleta
Amendment No. 1 to Agreement No. 2021-049
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $28,250 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $45,000 (herein "not-to-exceed amount") and shall be earned as the work progresses.
2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional twelve (12) months to read in its entirety.
The term of this Agreement is from the date first written above to June 30, 2023, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit A “Scope of Work” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
24 City of Goleta
Amendment No. 1 to Agreement No. 2021-049
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Michelle Greene, City Manager Rich Sander, Executive Director
A T T E S T :
_____________________________ ______________________________ Deborah Lopez, City Clerk Randy Goetz, Board Chair
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
25 City of Goleta
Amendment No. 1 to Agreement No. 2021-049
Exhibit A-1
Scope of Work
The Santa Barbara Alliance for Community Transformation (SBACT) will provide the facilitation of a new Goleta Regional Action Pl an - a weekly series of activities that will begin on June 22, 2022 and conclude on June 30, 2023.
Using the Goleta Homelessness Strategic Plan (as amended and adopted on April 20, 2021) as a guide for future action, SBACT will conduct the following activities on a weekly basis:
Goleta RAP utilizes proven strategies to reduce the impacts of homelessness.
• Host a weekly meeting with city staff, homeless outreach and shelter service providers, law enforcement, faith community members, businesses, hoteliers, residents, and other experts to create time-bound plans with deliverables to reduce homelessness;
• One meeting per month will be a “Community Concerns” RAP in which community members and business owners are invited to share their concerns and questions (4th Monday);
• One meeting per month will be an “NNC” RAP in which NNC partners will join the RAP call to discuss coordination, site, and client needs (see below) (2nd Monday); • Create a culture of mutual accountability where partners both develop local action steps and bring resources to the table to support these actions; • Respond actively to the concerns of the community whether it be emergency situations or areas of long-term impacts by rallying ap propriate partners to resolve local issues.
Such issues may include encampments in fire hazard areas, aggressive loitering or panhandling in front of private businesses, or the expressed need for wrap-around services to support individuals or families in distress; • Help to educate the community on long term solutions to homelessness through presentations during RAP meetings;
• Respond to staff or city councilmember concerns in a timely manner with written follow up.
SB ACT will also initiate a pilot Neighborhood Navigation Center (NNC) to provide a pop- up access point for the delivery of services to Goleta residents experiencing homelessness. SB ACT will conduct the following activities:
• Provide outreach to potential NNC partners, including a site host and service providers offering case management, mental health support, healthcare, hygiene, meal delivery, and more;
• Develop a formal partnership network of NNC partners and gather necessary partner documentation;
• Develop NNC outreach materials;
• Facilitate a monthly NNC RAP meeting to discuss coordination, site, and client
26 City of Goleta
Amendment No. 1 to Agreement No. 2021-049
needs, (2nd Monday);
• Provide weekly coordination and supervision at NNC site; • Address partner organization needs in support of the NNC as they arise.
Deliverables Proposed Date
of Completion
Cost
Neighborhood Navigation Center (NNC)
Finalize initial NNC partner listing, gather NNC partner MOUs and proof of insurance, develop and print NNC info cards; submit written memo including a checklist of
completion and summary of activities to the Director of Neighborhood Services
October 1,
2022
$5,000
Conduct weekly supervision of NNC site and facilitate a monthly NNC RAP meeting starting October 1, 2022;
submit quarterly written memo summary of activities to
the Director of Neighborhood Services
NOTE: SB ACT will not gather quantitative data for the
Goleta NNC site (e.g., # served, # of street exits), but will work with partner organizations to provide quantitative data to the City of Goleta where possible.
SB ACT will provide coordination and partner support.
Community member concerns regarding the NNC site
and ongoing client needs will be directed to Goleta NNC and RAP partners
Quarterly
Report Due
Jan 31, 2023
Quarterly
Report Due
Apr 30, 2023
Quarterly
Report Due
June 30, 2023
$1750.00
$1750.00
$1750.00
Regional Action Plan (RAP)
Continue facilitating weekly RAP meetings, including
one (1) monthly Community Concerns RAP meeting and
one (1) NNC RAP meeting; submit quarterly progress
reports to the Director of Neighborhood Services
including RAP activities, site visits, encampment sites addressed/resolved.
NOTE: At the request of the mayor and/or the city
manager, SBACT may be called upon to report on it
activities at public meetings of the city’s Homelessness Standing Committee and/or a meeting of the City
Council.
Quarterly
Report Due
Oct 31, 2022
Quarterly
Report Due
Jan 31, 2023
Quarterly
Report Due
Apr 30, 2023
Quarterly
Report Due
June 30, 2023
$4,500.00
$4,500.00
$4,500.00
$4,500.00
TOTAL: $28,250
27 City of Goleta
Amendment No. 2 to Agreement No. 2021-049
AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
SANTA BARBARA ALLIANCE FOR COMMUNITY TRANSFORMATION
This Amendment No. 2 to the 2021-49 Agreement by and between the City of Goleta, a municipal corporation (“City”) and Santa Barbara Alliance for Community Transformation aka SBACT, a 501(c)(3) (“Consultant”) dated June 21 , 2021 (“Agreement,” Agreement No. 2021-049), and amended June 30, 2022 is made on this _____ day of _______________,2023.
SECTION A. RECITALS
1. This Agreement is for the for the continued facilitation of the Goleta Regional Action Plan and other projects as more particularly set forth in the Scope of Work, attached as Exhibit A-2 to this Amendment; and
2. This Agreement has been amended to increase the time and scope of the project to establish a Neighborhood Navigation Center; to increase the maximum compensation for required duties to $45,000; to extend the termination of the agreement to June 30, 2023; and to amend the scope of work, under Amendment No. 1.
3. The Agreement currently provides in Exhibit A-1 entitled “Scope of Work” the complete and particular description of services; and
4. The parties desire to amend Exhibit A-1 by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-2"; and
5. The City Manager approved this Amendment No. 2, on this_____ day of ______________, 2023.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. This Agreement is amended to delete and replace in its entirety:
Exhibit A-1 “Scope of Work” with Exhibit A-2 “Scope of Work” attached hereto and incorporated herein.
DocuSign Envelope ID: 235589BE-5C1F-4122-8FF9-96A923B2A818 2021-049.2
31 31
January
January
28 City of Goleta
Amendment No. 2 to Agreement No. 2021-049
2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Rich Sander, Executive Director
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Randy Goetz, Board Chair
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 235589BE-5C1F-4122-8FF9-96A923B2A818 29 City of Goleta
Amendment No. 2 to Agreement No. 2021-049
Exhibit A-2
Scope of Work
The Santa Barbara Alliance for Community Transformation (SB ACT) will provide the facilitation of a new Goleta Regional Action Plan (RAP)- a weekly series of activities that will begin on June 22, 2022 and conclude on June 30, 2023.
Using the Goleta Homelessness Strategic Plan (as amended and adopted on April 20, 2021) as a guide for future action, SBACT will conduct the following activities on a weekly basis:
Goleta RAP utilizes proven strategies to reduce the impacts of homelessness.
Host a weekly RAP meeting in partnership with the City of Goleta with City staff, homeless outreach and shelter service providers, law enforcement, faith community members, businesses, hoteliers, residents, and other experts o One meeting per month will be a “Community Concerns” RAP in which community members and business owners are invited to share their concerns and questions (4th Monday)
o One meeting per month will be a Neighborhood Navigation Center (NNC) RAP in which NNC partners will join the RAP call to discuss coordination, site, and client needs (see below) (2nd Monday)
Create a culture of collaboration and mutual accountability where partners both develop local action steps and bring resources to the table to support these actions; Help to educate the community on long term solutions to homelessness through o Presentations during RAP meetings;
o Site visits to high-impact neighborhoods;
o At least 2 community education & advocacy events;
Events will be held in public venues (e.g., City Hall, Dos Pueblos High School, local faith community)
Events will be publicized via communications channels (email lists and/or social media) maintained by SB ACT, the City of Goleta, SB South Coast Chamber of Commerce, Towbes Real Estate Group, CLUE Santa Barbara, Clergy Association of Santa Barbara, and other channels as needed
Respond to staff or City Councilmember concerns in a timely manner with written follow up; and
Respond to community concerns as they arise and direct them to the appropriate City staff and parties for response
SB ACT will also initiate a pilot Neighborhood Navigation Center (NNC) to provide a pop-up access point for the delivery of services to Goleta residents experiencing homelessness. SB ACT will conduct the following activities:
Provide outreach to potential NNC partners, including a site host and service providers offering case management, mental health support, healthcare, hygiene, and more; Develop a formal partnership network of NNC partners and gather necessary partner documentation;
Develop NNC outreach materials
DocuSign Envelope ID: 235589BE-5C1F-4122-8FF9-96A923B2A818 30 City of Goleta
Amendment No. 2 to Agreement No. 2021-049
Facilitate a monthly NNC RAP meeting to discuss coordination, site, and client needs, (2nd Monday)
Provide weekly coordination and supervision at NNC site Address partner organization needs in support of the NNC as they arise
DocuSign Envelope ID: 235589BE-5C1F-4122-8FF9-96A923B2A818 31