HomeMy WebLinkAbout2025-02-11; City Council; Resolution 2025-046RESOLUTION NO. 2025-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT WITH COMMUNITY RESOURCE CENTER FOR HOMELESS
HOUSING AND BEHAVIORAL HEALTH SERVICES
WHEREAS, on Nov. 27, 2023, the California lnteragency Council on Homelessness issued a
notice of funding availability for the Encampment Resolution Funding Program; and
WHEREAS, the Encampment Resolution Funding Program provides grants to local jurisdictions
to resolve critical encampment concerns and transition individuals into safe and stable housing; and
WHEREAS, the City Council of the City of Carlsbad, California, approved the City's updated
Homelessness Action Plan on Feb. 7, 2023, which identified an action to pursue grant funding for
services; and
WHEREAS, on Jan. 31, 2024, the City submitted a joint Encampment Resolution Funding
Program proposal, with the City of Oceanside as the lead applicant, for a total amount of
$11,398,466.52 over three years; and
WHEREAS, the city's Encampment Resolution Funding Program proposal includes activities that
align with seven of the Homelessness Action Plan initiatives; and
WHEREAS, on April 18, 2024, the city received a notification from the California lnteragency
Council on Homelessness of an award in the full amount requested; and
WHEREAS, the City's $5,336,578.28 portion has been received upfront and the funding
guidelines are outlined in a Memorandum of Agreement with the City of Oceanside; and
WHEREAS, the city's Encampment Resolution Funding Program proposal and Memorandum of
Agreement with the City of Oceanside identified Community Resource Center as a partner and
subcontractor; and
WHEREAS, a professional services agreement with Community Resource Center was approved
by City Council on Aug. 27, 2024 ,and is consistent with the Encampment Resolution Funding Program
proposal and the city's Homelessness Action Plan; and
WHEREAS, the professional services agreement was signed by the City Manager on Aug. 28,
2024;and
WHEREAS, an amendment to the compensation structure of the contract and the timing of the
compensation was identified as necessary by the Contractor for the work to be performed; and
WHEREAS, the amendment to the professional services agreement will not have and additional
fiscal impact on the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager, or designee, is hereby authorized to execute the amendment to
the professional services agreement and approve any necessary budget modifications
with Community Resource Center (Attachment A).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of February 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
None.
None.
None.
KEITH BLACKBURN, Mayor
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Attachment A
PSA25-003HML
AMENDMENT NO. 1 TO AMEND AGREEMENT FOR
HOMELESS HOUSING AND BEHAVIORAL HEALTH SERVICES
COMMUNITY RESOURCE CENTER
No. 1 is entered into and effective as of the ):;};-/;h day of
-:::..._LJ.4-"-o"-!.,.1_,l,,L.IIUl...4-----' 2025, amending the agreement dated August 28, 2024 (the
"Agreement") by a etween the City of Carlsbad, California, a municipal corporation, ("City"),
and Community Resource Center, a non-profit corporation, ("Contractor") (collectively, the
"Parties") for rapid re-housing assistance and case management services.
RECITALS
A. On August 28 , 2024, the Parties executed the Agreement for homeless housing
and behavioral health services; and
B. The Parties desire to amend the Agreement's compensation structure.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Section five (5) "COMPENSATION" of the Agreement is hereby deleted in its
entirety and replaced as follows:
The total fee payable for the Services to be performed during the initial Agreement term
shall not exceed three million five hundred forty-five thousand fifty-two dollars
($3 ,545,052). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. 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."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
Upon contract execution, Contractor shall submit an invoice to City for 60% of the total
Agreement amount. Once 50% of the total Agreement amount has been expended, but
no later than June 1, 2026, Contractor shall submit an invoice for the remaining
Agreement amount. Failure to timely submit an invoice for the remaining Agreement
amount will result in forfeiture of those funds and City's return of such funds to the State
of California. Any remaining unspent or unreconciled funds shall be returned to the city
within 15 days of the end of the grant term.
All proceeds from any interest-bearing account established by the Contractor for the
deposit of funds must be used for eligible activities related to this agreement as
approved by City.
2. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
3. All requisite insurance policies to be maintained by the Contractor pursuant to the
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Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
4. 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
COMMUNITY RESOURCE CENTER,
a California non-profit corporation
By:
(sign here)
John Van Cleef, Chief Executive Officer
(print name/title)
By:
(sign here)
Corrie McCoy, Chief Operating Officer
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
Geoff Patnoe, City Manager
ATTEST:
u~,m-~,
~SHERRY FREISINGER
if 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 :
CINDIE K. McMAHON, City Attorney
BY: [ii,.)it; k.. ~
-------------City Attorney
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AGREEMENT FOR HOMELESS HOUSING AND BEHAVIORAL HEALTH SERVICES
COMMUNITY RESOURCE CENTER
THIS AGREEMENT is made and entered into as of the � -t\-day of
�� . . 2024, by and between the City of Carlsbad, California, a municipalcorpora�"City") and Community Resource Center, a non-profit organization, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in providinghousing and behavioral health services to people experiencing homelessness. B. Contractor has the necessary experience in providing professional services and advicerelated to all of the areas set forth in recital A. C. Contractor was included in the City's grant proposal to the California lnteragency Councilon Homelessness for these services and has affirmed its willingness and ability to perform such 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") thatare defined in attached Exhibit "A," which is incorporated by this reference in accordance with thisAgreement's terms and conditions.
2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the MetropolitanSouthern California area and will use reasonable diligence and best judgment while exercising itsprofessional skill and expertise.
3. TERM The term of this Agreement will be effective from the date first above written to June 30, 2027. The CityManager may amend the Agreement to extend it for six (6) additional month(s) or parts thereof.Extensions will be based upon a satisfactory review of Contractor's performance, City needs, andappropriation of funds by the City Council. The parties will prepare a written amendment indicating theeffective 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 shall not exceedthree million five hundred forty-five thousand and fifty-two dollars ($3,545,052). No other compensationfor the Services will be allowed except for items covered by subsequent amendments to this Agreement.The City reserves the right to withhold a ten percent (10%) retention until City has accepted the workand/or Services specified in Exhibit "A."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
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Attachment A
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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 defend (with counsel approved by the City), indemnify, and hold harmless the City
and its officers, elected and appointed officials, employees and volunteers from and against all claims,
damages, losses and expenses including attorney's 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.
If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the
cost to defend, shall not exceed the Contractor's proportionate percentage of fault.
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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 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 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless 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 (CGL) Insurance. Insurance written on an "occurrence" basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits 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 contain, 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.
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10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City."
10.2.4 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 Agreement.
10.3 Providing 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 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 inspect ion of all work, data,
documents, proceedings, and activities related to the Agreement for a period of four (4) 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.
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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 are:
For Citv: For Contractor:
Name Chris Shilling Name John Van Cleef
Title Homeless Services Manager Title Chief Executive Officer
Dept Housing & Homeless Services Address 650 2nd Street
CITY OF CARLSBAD ENCINITAS, CA 92024
Address 1200 Carlsbad Village Drive Phone 760-230-6309
Carlsbad, CA 92008 Email johnvancleef@crcncc.org
Phone 442-339-2284
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.
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 as required in the City of Carlsbad Conflict of Interest Code.
Yes □ No IZI
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
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.
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18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https:/ /ww2.a rb.ca .gov/our-work/ programs/advanced-clean-fleets.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. 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 will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
21. 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 t his 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.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of
termination of this Agreement by either party 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
under this Agreement. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
22. 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
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Agreement without liability, or, in its discretion, to deduet kom the Agreement price or consideration, or
otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent
fee.
23. 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 which 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.
24. JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with t~e laws of the State of California. 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.
25. 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.
26. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
City and Contractor.
27. 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. This Agreement
may be executed in counterparts.
28. 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.
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Executed by Contractor this. _____ day of _________ _, 2024.
CONTRACTOR
Community Resource Center, a non-profit
organization
By:
(sign here)
John Van Cleef, Chief Executive Officer
(print name/title)
By:
(sign here)
Corrie McCoy, Chief Operating Officer
(print name/title)
RLSBAD, a municipal corporation of
f California
By:
ATTEST:
SHERRY FREISINGER, City Clerk
By:
Deputy City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~
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:
CINDIE K. McMAHON, City Attorney
BY: a11urtl Frost
Allegra Frost, Senior Assistant City Attorney
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Executed by Contractor this___________ day of _______________________, 2024.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
the State of California Community Resource Center, a non-profit
organization
By: By:
(sign here) Scott Chadwick, City Manager
John Van Cleef, Chief Executive Officer
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
Corrie McCoy, Chief Operating Officer
Deputy City Clerk
(print name/title)
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 Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President 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:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Allegra Frost, Senior Assistant City Attorney
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EXHIBIT A
SCOPE OF SERVICES
A. Provide a minimum of (2 FTE) Housing Coordinators, (2 FTE) Behavioral Health Clinicians, and (3
FTE) Rapid Re-Housing Case Managers. It is strongly desired to have staff members who are
bilingual in both English and Spanish. As part of a multi-disciplinary team the Housing
Coordinators will provide housing search assistance, landlord engagement, and secure a variety
of permanent housing units to move people from the Encampment Resolution Program area, .
which is attached as Exhibit "B", into housing. The Behavioral Health Clinicians will also work as
part of a multi-disciplinary team to provide homeless residents ("Participants") in the
Encampment Resolution Program area with trauma-informed case consultation and direct
mental health support as needed to ensure Participant's long term mental health needs are
addressed to reduce barriers to housing and maintain long-term housing stability. The Rapid Re-
Housing Case Managers will provide Participants with supportive services and case management
in housing to stabilize and ensure long-term housing retention.
B. Ensure each staff member receives training in all of the following areas, as appropriate, within
the first 6 months of employment and at least once every 3 years thereafter: Cultural
Competency, Documentation/HMIS, Motivational Interviewing, Professional Boundaries,
Coordinated Entry, Effective Goal Setting, Mandated Reporting. Housing First and Progressive
Engagement/Critical Time Intervention Approaches, Trauma-Informed Care, Harm Reduction,
Tenant Rights, Conflict Resolution/Mediation/Negotiation, Federal, State, and Local Fair Housing
Laws, HUD Housing Quality Standards (HQS), and Lead-Based Paint Visual Inspections. City shall
determine the appropriate type and number of training sessions required on a case-by-case
basis, based on the length and depth of the training course.
C. Participate in the Encampment Resolution Funding Program collaborative recruitment and hiring
effort as coord inated by the City with other contracted partners.
D. Ensure all staff members attend 100% of Encampment Resolution Funding Program
collaborative trainings as coordinated by the City.
E. Attend 100% of Encampment Resolution Funding Program coordinating and case conferencing
meetings.
F. Use a Housing First approach incorporating evidence-based practices such as critical time
intervention, intensive case management, cognitive behavioral intervention, trauma-informed
care, motivational interviewing, positive youth development, and harm reduction.
G. Provide customized behavioral health support and consultation for Participants and multi-
disciplinary teams using trauma-informed care and harm reduction models as needed.
H. Provide housing search assistance and landlord engagement to identify and secure rental units
for all Participants.
I. Prioritize shared housing with landlords and Participants whenever possible.
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J. Assist at least 60 households experiencing homelessness with housing assistance during the
Agreement term.
K. Maintain a 70% housing move-in and positive exit rate for rapid re-housing Participants.
L. Ensure that at least 70% of all rapid re-housing Participants enrolled in the program secure
permanent housing within 60 days of enrollment.
M. Ensure at least 50% of rapid re-housing Participants increase their household income in the
program.
N. Ensure at least 85% of rapid re-housing Participants that exit to permanent housing do not
become homeless again within one year.
0. Use diversion strategies with all Participants as appropriate.
P. Provide rental assistance, utility deposits, move-in assistance, and case management to
Participants for up to 24 months. Create individualized Housing Stability Plans (HSP) designed to
help Participants reduce functional and other barriers to obtaining and maintaining housing.
HSPs should be developed at intake and reviewed once the client is housed and at a minimum
every 45 days. HSPs should include focused SMART goals in three core areas: housing, financial,
and health/wellness. The plan should be reviewed at every meeting with a Participant to ensure
the Participant is on track to meet their identified goals. The main components of each plan
should include: outline of goals pertaining to housing; outline of roles and expectations of
household; outline of roles and expectations of Case Manager; and time lines for each step. The
plan should be adjusted as needed at the discretion of the Contractor.
Q. Assist Participants with obtaining housing, increasing income through employment and/or
benefits, and enhancing participants' life skills (i.e. educational, and budgeting). Creatively and
collaboratively problem-solve with Participants to address other barriers that may interfere with
their housing stability.
R. Rapid Re-Housing Case Managers must meet with Participants a minimum of once per month.
S. Maintain responsive and timely communication, both written and verbal, with City staff. Attend
monthly meetings with City staff to review and discuss programmatic needs.
A. Adhere to the Regional Task Force on Homelessness (RTFH) CoC Community Standards which
can be found at https://www.rtfhsd.org/about-coc/standards-learning-training/.
B. Abide by the strategies set forth in City's Homelessness Action Plan and any amendments
thereto, which takes a community focused and collaborative approach to addressing the needs
of those experiencing or at-risk of homelessness within the City of Carlsbad. This plan can be
found at https://www.carlsbadca.gov/departments/housing-homeless-services/homeless-
outreach/homeless-response-pla n.
T. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350
et seq.) and have a drug-free workplace by taking the following actions:
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a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations, as required by Government Code
Section 8355, subdivision (a)(1).
b. Establish a Drug-Free Awareness Program, as required by Government Code Section
8355, subdivision (a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Contractor's policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
v. Provide, as required by Government Code Section 8355, subdivision (a}(3), that
every employee that works under this Agreement:
vi. Will receive a copy of Contractor's drug-free policy statement, and
vii. Will agree to abide by the terms of the drug-free policy as a condition of
employment.
U. Attend at least 75% of City organized case conferencing/partner collaboration meetings and
abide by privacy and participation policies as determined by City.
V. Maintain a written grievance procedure, including a formal process for Participants to provide
feedback and to resolve conflicts experienced within the program.
W. Comply with all routine monitoring and program audits as requested by City.
X. Complete accurate and thorough documentation in a timely manner. Use the Homeless
Management Information System (HMIS) to track Participants including documenting Case
Notes, Exit Locations, and GPS mapping Participant locations. Maintain data on each program
Participant and program milestones and outcomes and provide reports to City each quarter on
the 15th day of month following the end of the quarter, including quarterly and cumulative
annual data per fiscal year. All reports must be in a format to the satisfaction of City's Housing &
Homeless Services Department. Provide at minimum documentation of the following data
points within quarterly reports:
a. Number of Participants provided behavioral health services and the type of services
provided;
b. Number of landlords engaged and the number of units secured;
c. Number of Participants screened and consented to housing services;
d. Number of Participants screened and denied or declined program entry;
e. Number and percentage of total Participants placed into permanent housing;
f. Average length of time from program enrollment to permanent housing;
g. Average cost of housing support per household;
h. Number and percentage of households that increased income; and
i. Number and percentage of households that return to homelessness within a year of exit
to permanent housing.
Y. Provide City with billing invoices by the 15th of each month. The invoice template must be
approved by City and shall include accompanying documentation for funds expended, which
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shall include but not be limited to documentation of timecards, mileage, office supplies, and
rental payment receipts.
z. Operate within the budget set forth in Exhibit C.
a. If there is a possibility that any portion of the total fee payable for the Services under
the Agreement is not expended by the date of contract termination, City and Contractor
agree to mutually decide how such excess funds will be allocated in the budget. In such
case, Contractor agrees to draft an amended budget (a new Exhibit C) to re-allocate the
excess funds, which will require a contract amendment subject to approval by the city
manager or designee.
b. City and Contractor further agree to discuss and mutually determine any necessary
changes to the budget during the lifetime of the Agreement. In the event of a mutually
agreeable budget modification, Contractor agrees to draft an amended budget (a new
Exhibit C), which will require a contract amendment subject to approval by the city
manager or designee.
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EXHIBIT B
___ .....
Vista
VISTA
..
Carlsbad
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EXHIBITC
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•.
BUDGET
Activity Amount
Personnel $1,560,000
Fringe Benefits $468,000
Housing Assistance $1,150,000
Operating Costs $198,240
Administrative Fees $168,812
Total $3,545,052
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