21-258 Amendment #1 dated 6-29-22 - City Work Plan to End Homelessness1
FIRST AMENDMENT TO AGREEMENT 21-258
BETWEEN THE CITY OF CUPERTINO AND
THE CENTER FOR COMMON CONCERNS, INC.
FOR THE CITY WORK PLAN TO END HOMELESSNESS
This First Amendment to Agreement 21-258 between the City of Cupertino and The Center
for Common Concerns, Inc., is by and between the City of Cupertino, a municipal corporation
(hereinafter "City") and The Center for Common Concerns, Inc., a non-profit (“Contractor”) whose
address is 870 Market St. Suite 1228, San Francisco, CA 94102, and is made with reference to the
following:
RECITALS:
A. On November 29, 2021, Agreement 21-258 (“Agreement”) was entered into by and
between City and Contractor for gathering information and data to develop a baseline
understating of the City of Cupertino's strengths, needs and gaps relation to homelessness.
B. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. SERVICES
Paragraph 2 of the Agreement is modified to read as follows:
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in
Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees to
carry out its work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto.
3. TIME OF PERFORMANCE
Paragraph 3 of the Agreement is modified to read as follows:
3.1 This Agreement begins on the Effective Date and ends on June 30, 2023 (“Contract Time”),
unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date
and shall be completed by June 30, 2023. The City’s appropriate department head or the City
Manager may extend the Contract Time through a written amendment to this Agreement, provided
such extension does not include additional contract funds. Extensions requiring additional contract
funds are subject to the City’s purchasing policy
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B-1.
3.3 Time is of the essence for the performance of all the Services. Consultant must have
sufficient time, resources, and qualified staff to deliver the Services on time.
2
4. Exhibit B to the Agreement is replaced with Exhibit B-1, attached hereto.
5. COMPENSATION
Paragraph 4 of the Agreement is modified to read as follows:
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$150,000 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the budget
and rates include in Exhibit C-1, attached and incorporated here. The maximum compensation
includes all expenses and reimbursements and will remain in place even if Contractor’s actual
costs exceed the capped amount. No extra work or payment is permitted without prior written
approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion
of Services, Contractor must submit a requisition for final and complete payment of costs and
pending claims for City approval. Failure to timely submit a complete and accurate payment
requisition relieves City of any further payment or other obligations under the Agreement.
6. Exhibit C to the Agreement is replaced with Exhibit C-1, attached hereto.
7. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO THE CENTER FOR COMMON CONCERNS,
INC.
By By
Title Title
Date Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
Executive Director
Jun 24, 2022
Christopher D. Jensen
Asst Dir CDD / Bldg Official
Jun 29, 2022
Jun 29, 2022
3
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base 2022-407 $100,000
1st Amendment $50,000
Total $150,000
Based on our experience and our understanding of the City of Cupertino’s goals and priorities
for this project, we propose the following scope of work. We are happy to adjust as needed to
meet your goals, budget, and desired timeline.
Phase I: Background, Vision, and Initial Outreach
Project Management and Coordination
Environmental Scan and Gaps Analysis
Homebase will gather information and data to develop a baseline understanding of the City of
Cupertino’s strengths, needs, and gaps in relation to homelessness. As part of this phase,
Homebase will carry out an environmental scan and needs assessment/gaps analysis that
identifies existing housing and services, unmet needs, and priority gaps to be addressed. This
assessment will be conducted based on review of key documents; analysis of HMIS and other
data on numbers, needs and performance; targeted discussions with key stakeholders to
contextualize the data and information gathered; client focus groups; and/or provider e-
surveys. The gaps analysis will look at the homelessness system of care through an equity
lens, overall and at sub-population and sub-regional needs and differential access, and it will
consider both the need for new programs as well as improvements to the operation of existing
housing and services. Our team will also look at current and anticipated impacts and evolving
conditions resulting from COVID-19 and its aftermath. We will review and analyze initiatives
underway in the city, county, and region (including the implementation of the Santa Clara
County Community Plan to End Homelessness) to ensure that the plan is informed by and
aligned with the work that has already begun.
Establishment of a Strategic Planning Steering Committee
In our experience with strategic planning, Homebase has found the early recruitment and
engagement of a Strategic Planning Steering Committee has been key to the overall success
of the planning process, resulting in shared strategies across departments and other city-wide
stakeholders. This Steering Committee would oversee and advance the strategic planning
process and may include representatives of a local homelessness task force; City officials and
staff; unhoused individuals or members of the community with lived experience of
homelessness; and/or other stakeholders identified by the City. If the City of Cupertino
chooses to convene a Steering Committee, Homebase will attend and facilitate monthly
meetings and develop agendas, announcements, and meeting materials. Our team will plan to
host the meetings via a virtual platform. During this phase, the Steering Committee will be a
forum for initial discussion of persistent challenges and emerging opportunities for critical
investment. The Steering Committee will also review and approve Homebase’s Planning
REVISED SCOPE OF WORK
Exhibit A-1
Process and Stakeholder Engagement Plan to establish a guiding vision and goals for the
planning process and subsequent Plan implementation.
Community Education and Engagement
We have found that engaging a wide range of stakeholders in the planning process and
providing meaningful opportunities to provide input and feedback is paramount for a successful
strategic plan and implementation. Stakeholder engagement not only supports the
development of a community-informed strategic plan; it also serves to build momentum and
enthusiasm, building consensus and buy-in on strategies and next steps. As such, Homebase
will facilitate a comprehensive community engagement process that ensures that planning and
recommendation development is based on concrete information about local needs and
resources. Building upon the environmental scan and gaps analysis, we will conduct a deeper
assessment of strengths and needs grounded in community engagement via a community
kick-off event, virtual or in-person stakeholder interviews and focus groups, community work
sessions, and meetings with City staff. While we will employ these key methods, we have
found that community outreach and engagement is often an iterative process where new
ideas, additional gaps, and questions arise throughout the planning process. We therefore
develop our processes to leave room for additional outreach and engagement as needed to
fully assess community needs and resources. Homebase will work with City staff to design and
facilitate virtual and/or in-person convenings according to current public health conditions. Our
team has the capability and experience necessary to successfully conduct engaging online
meetings with diverse stakeholders that leverage technology, use adult learning principles, and
are inclusive of people with varying degrees of access, comfort, and facility with technology.
We will work with the City to develop agendas, discussion questions, infographics, and other
materials necessary for the following community engagement activities.
Community Kick-Off Event and Planning Workshop
We propose to initiate community engagement with a Community Kick-Off Event / Workshop.
This event would be an open (most likely virtual) meeting aimed at achieving early
engagement and buy-in from key stakeholders, and the session would be scheduled to ensure
broad participation and attendance. The event will be organized with the goal of inviting
everyone with any interest in the plan, including City officials and staff, housing and service
providers, representatives from schools, law enforcement, healthcare and other affected
systems, business and community leaders, unhoused individuals and individuals with lived
experience of homelessness, and members of the general public. This event will be structured
to both build community-wide support for the planning process and gather initial information to
guide planning. As such, meeting participants will receive information about homelessness in
the City and general information on best practices and will have the opportunity to provide
initial feedback to the process about needs, gaps, and existing service system performance.
Key Stakeholder Interviews
Identifying key stakeholders to provide in-depth information via individual interviews is an
important element of the strategic planning process. We will work with the City and/or Strategic
Planning Steering Committee to identify 4-5 key stakeholders for interviews. We have also
found that stakeholders who may best inform the process via interviews are often identified
during the process of community meetings and outreach.
Focus Group Meetings
To further contextualize our analysis of gaps, needs and resources, and to solicit additional
input from the community, we also propose a series of 6-8 meetings with key stakeholders,
with the participation and structure developed in partnership with City staff. We expect to host
some of these meetings virtually but may hold in-person meetings if desired and appropriate.
These meetings will include focus groups with unhoused individuals, people with lived
experience of homelessness, and direct service providers and may also include an internal
inter-departmental City staff meeting, and/or topical subcommittee sessions. These meetings
will seek to engage the knowledge and experiences of a cross-section of those closest to the
issue of homelessness in the City, including City staff, housing and homeless service
providers, public and behavioral health providers, business groups, civil rights organizations,
court officials, public safety providers, education providers, economic and workforce
development providers, neighborhood associations, and especially unhoused people and
people with lived experience of homelessness. Focus groups with people with direct
experiences of homelessness may be organized by geography, sub-population, or program
component. The structure of these focus groups, invited participants, and outreach and
engagement methods will be determined in consultation with the Steering Committee and/or
City staff and will take into consideration logistical constraints due to COVID-19 as necessary.
We propose to provide gift cards to honor the time of individuals with lived experience of
homelessness who participate in focus groups.
Stakeholder / Provider Survey
In addition to the community-wide kickoff event, individual interviews, and work sessions/focus
groups, we propose conducting an e-survey for stakeholders including housing and service
providers. We have found that e-surveys allow for an additional avenue to gain input from
stakeholders while being respectful of time constraints and other obligations.
Goals, Policies, Programs, and Quantified Objectives
Homebase will analyze the information gathered during initial assessment and stakeholder
engagement processes to develop a set of findings and recommendations that identify overall
strengths and challenges, unmet needs, priority gaps, funding sources, and opportunities
present in the City of Cupertino to address homelessness. Our team will work with the Steering
Committee and/or City staff to flesh out and refine the mission, goals, objectives, and
strategies/action steps to guide the City in addressing homelessness.
Best Practices and Data Analysis
Homebase will carry out relevant data analysis and research on evidence-based and best
practices in similar communities and high performing homeless service systems. This will be
informed by our extensive experience developing, implementing and evaluating coordinated
entry systems; planning and supporting homeless response and affordable housing systems;
providing technical assistance to actualize Housing First programs; and building system
capacity through funding, staffing, strong governance structures, community coordination and
optimized Homeless Management Information Systems (HMIS). Homebase will also analyze
data related to racial and ethnic disparities and homelessness in Cupertino. This information
will support the work of the Steering Committee or City staff in considering key elements and
recommendations for the strategic plan and ensuring they are not further contributing to
inequalities by having a disparate impact on people based on their race or ethnicity.
Presentation of Initial Findings
Homebase will present our analysis, findings, and recommendations to City staff via an online
presentation. The presentation will include opportunity for feedback and refinement of priorities
and goals.
Phas e II: C r eat i on, O utr each, a nd Presentati on of Str ate gic Plan
Based on continued input from stakeholders, including City staff, the Strategic Planning
Steering Committee, and other stakeholders, our team will develop strategies and a strategic
plan document, through a process that supports actionable implementation.
Compliment to Santa Clara County Plan to End Homelessness
Plan Drafting and Feedback
Based on information gathering, analysis, and community input completed during Phase I, our
team will develop a draft of initial strategies and the Strategic Plan framework. The framework
will detail how each strategy aligns with similar strategies and goals that are outlined in the
Santa Clara County Plan to End Homelessness. The framework will include:
The overall vision statement and mission of the Plan;
Information from the community resources and needs assessment phases, identifying
strengths, unmet needs, priority gaps, and opportunities;
Priority areas for action, as defined by the Steering Committee and other stakeholders,
with information clarifying issues and needs; and
Goals, objectives, and recommendations for each priority area of action.
Presentations of Initial Strategies and Framework
Draft strategies and the Plan framework will be presented to the Steering Committee for initial
feedback. The strategies will then be presented at a community workshop, open to the public,
to develop buy-in and to empower the community to participate in implementation. The
workshop may take place in person or virtually, according to the City’s preferences and current
health guidelines at that time.
Begin Preliminary Implementation
Even prior to Plan finalization and approval, we have found that there are often
recommendations identified which have broad consensus, and successful early
implementation of these can offer a chance to practice new partnerships, collaboration, and
communication, all of which will be essential to full Plan implementation. This also helps to
reinforce planning process momentum and purpose. Our team will work with City staff, the
Steering Committee, and other stakeholders to identify actions whose implementation can
begin immediately. These may be framed as “The First 100 Days” and other very short-term
targets to practice aiming at collective targets and achieving success that fuels action for
longer-term gains.
Draft City Plan to End Homelessness
Finalize City of Cupertino City Plan to End Homelessness
Homebase will incorporate feedback gathered during presentations of the initial strategies and
Plan framework into a final version of the City of Cupertino City Plan to End Homelessness.
The Plan will identify City actions that support County and regional efforts, are not duplicative,
and leverage additional resources for collective impact on homelessness. We will propose
ideas for the City to consider to maximize the impact of its housing and service dollars and to
ensure appropriate coordination with the County. Our team will create a Strategic Plan
document that is user-friendly, easy to read, and accessible for a broad audience, making use
of graphics to illustrate key concepts.
Present Final Strategic Plan
The final Strategic Plan will be presented for approval by the Steering Committee, City staff,
and any other appropriate entities. The final Plan will be focused on key goals and outcomes
and will be useable in both print and electronic formats.
We have proposed a timeline beginning November 15, 2021, due to time constraints
surrounding the CoC NOFO and anticipated challenges engaging providers over the
November holidays. The following timeline assumes that the work will be carried out
November 15, 2021 – June 30, 2023.
Proposed Timeline
Exhibit B-1
Schedule Tasks
Project Management
and Coordination
Initial meeting with primary City of Cupertino staff
contacts to finalize contract and work plan and identify
potential data and information sources.
Environmental scan and gaps analysis begins. Will
include document and data review, development of
stakeholder engagement plan, and initial identification of
stakeholders to be invited to Kick-Off Event and/or be
contacted for interviews. City to provide background
documents, data access, and list of stakeholders to
contact/interview.
Strategic Planning Steering Committee convened for
initial meeting/retreat. Agenda will cover the following,
resulting in a workplan outlining planning process
activities:
o Approval of strategic planning process, stakeholder
engagement plan, and timeline.
o Development of a draft shared, clear, compelling, and
timely strategic vision.
o Plan logistics for Community Kick-Off Event
o Begin stakeholder engagement processes.
Months 1-3
(Nov. 2021 – Jan.
2022)
Community Education
and Engagement
Facilitate Community Workshop Kick-Off Event.
Conduct 4-5 key stakeholder interviews.
Provide first round of focus groups to include at least 2
focus groups of individuals with lived experience of
homelessness.
Conduct Stakeholder/Provider e-survey. Begin work
sessions to engage knowledge and experiences of City
of Cupertino stakeholders.
Months 3-4
(Jan. – Mar. 2022)
Goals, Policies,
Programs, and
Quantified Objectives
Analysis of capacity, available resources, and
demographic trends, including racial disparities of
Cupertino’s homeless population.
Finalize needs assessment and gaps analysis,
identifying current needs, programs, and funding sources
in Cupertino, and the challenges and gaps to meeting
strategic vision and goals.
Best practices and data analysis.
Month 3-11
(Jan. – Sept. 2022)
Steering Committee to review needs assessment
findings, discuss persistent challenges and emerging
opportunities for critical investment, and identify goals
and strategic priorities for addressing homelessness.
Presentation of initial findings to City staff.
Compliment to Santa
Clara County Plan to
End Homelessness
Draft strategic plan framework and strategies to meet the
goals identified through the stakeholder feedback
processes.
Monthly Strategic Planning Steering Committee meetings
to review input from community engagement activities
and finalize action steps.
Community workshop and additional community
outreach and information-gathering, as needed.
Review, synthesis, and incorporation of community input
on Draft Plan.
Identification of initial implementation actions that can
begin immediately.
Months 3-11
(Jan – Sept. 2022)
Draft City Plan to End
Homelessness
Draft and finalize the Strategic Plan based on internal
and external stakeholder input.
Production of Final Strategic Plan with graphic design
elements. Final plan will include a proposed phasing plan
with implementation timelines for strategies, clear metrics
of success, and data collection plans.
Presentation of Draft Plan to the Steering Committee,
City staff, and any other appropriate entities.
Months 5-13
(Mar. – Nov. 2022)
Exhibit C-1
REVISED BUDGET
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written
on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Jan. 2022
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Policy Number: 57 SBA BM6831
City Work Plan to End Homelessness
Final Audit Report 2022-06-29
Created:2022-06-22
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA8YMUmoo6I6v3Ezpy_zEoXkybjBzknohm
"City Work Plan to End Homelessness" History
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