HomeMy WebLinkAbout2023-07-11; City Council; ; Accepting a State Grant to Provide Services to Assist Individuals and Households Experiencing Homelessness in the City of CarlsbadCA Review __MK____
Meeting Date:
To:
From:
Staff Contact:
Subject:
July 11, 2023
Mayor and City Council
Scott Chadwick, City Manager
Mandy Mills, Housing & Homeless Services Director
mandy.mills@carlsbadca.gov, 442-339-2907
Chris Shilling, Homeless Services Manager
chris.shilling@carlsbadca.gov, 442-339-2284
Accepting a State Grant to Provide Services to Assist Individuals and
Households Experiencing Homelessness in the City of Carlsbad
Districts: All
Recommended Actions
1.Adopt a resolution authorizing the City Manager to execute a grant agreement and
related program documents with the California Interagency Council on Homelessness
and authorizing the Deputy City Manager, Administrative Services, to appropriate an
additional $2,358,408.94 to the State Grant Special Revenue Fund’s fiscal year 2023-24
operating budget.
2.Adopt a resolution authorizing the City Manager to execute professional services
agreements with Interfaith Community Services, Community Resource Center, Southern
California Care Community and Catholic Charities Diocese of San Diego to provide
services identified in the approved Encampment Resolution Grant to assist individuals
and households experiencing homelessness in the City of Carlsbad, and authorizing a
professional services procurement exemption.
Executive Summary
The City of Carlsbad has been approved to receive $2.3 million in state funding to be used to
help people living in encampments in Carlsbad’s Downtown Village area move out of
homelessness.
The City Council is being asked to authorize the City Manager to execute the agreement
required to accept this Encampment Resolution Funding Program grant, as well as agreements
with primarily existing homeless services providers to use almost $2 million of this state funding
to assist people experiencing homelessness in the Downtown Village Area and move them to
stable housing. These providers are Interfaith Community Services, Community Resource
Center, Southern California Care Community and Catholic Charities Diocese of San Diego. The
remainder of the grant funds will be used for city staff and administration costs.
July 11, 2023 Item #14 Page 1 of 95
To meet the deadline to start services provided under the grant agreement, the City Manager
must execute professional services agreements with these providers soon after the grant
agreement is fully executed.
The proposed professional services agreements require the City Council’s approval under
Carlsbad Municipal Code Section 3.28.040 because the contract amounts exceed $100,000 per
agreement year. Because of the grant timing requirements and unique nature of these services,
as detailed below, staff are recommending the City Council also approve an exemption to the
city’s procurement requirements.
A resolution authorizing the City Manager to execute the grant agreement and corresponding
grant documents on the city’s behalf is Exhibit 1. Exhibit 2 is a resolution authorizing the City
Manager to execute the professional services agreements and approve the professional
services procurement exemption required by Carlsbad Municipal Code Section 3.28.110(N).
Explanation & Analysis
Background
The City Council approved a new five-year strategic plan in October 2022 that reaffirmed its
commitment to reducing homelessness and its impacts on the community. In alignment with
this overall strategic plan, the City Council approved the updated Homelessness Action Plan on
Feb. 7, 2023. This plan outlines programs and initiatives that the city plans to carry out over the
next five years, including pursuing external funding sources to expand outreach, case
management and rapid rehousing services that help reduce homelessness. The plan identified
shelter and housing and outreach and access to services as two of its three areas of focus.
The City Council-approved plan also identified the following actions that will be supported with
these grant funds:
• Initiative 1.1(a) Maintain staff dedicated to homeless services and homeless outreach.
• Initiative 1.1 (c) Identify one-time and ongoing funding sources.
• Initiative 1.2 (a) Increase the available case management for people experiencing
homelessness and streamline internal referrals to case management.
• Initiative 1.2 (b) Maintain rapid re-housing options to improve wait time to more
permanent housing.
• Initiative 1.2 (d) Develop and maintain robust and impactful outreach to persistently
identify, engage and assess both the immediate needs and long-term housing needs of
unsheltered people experiencing homelessness.
• Initiative 1.2 (e) Identify opportunities to add peer support components to programs
and multi-disciplinary teams.
• Initiative 1.2 (h) Maintain a limited-stay motel voucher program as a resource to bridge
housing.
• Initiative 1.2 (j) Investigate barriers to people accessing shelter or permanent housing
and create programs as appropriate to alleviate found barriers.
• Initiative 2.1 (e) Evaluate the development of a regional street medicine program in the
city or North Coastal area.
• Initiative 2.2 (d) Continue to enhance housing-focused services at La Posada through
added staff capacity, technical assistance and training.
July 11, 2023 Item #14 Page 2 of 95
• Initiative 2.2 (h) Expand access to non-emergency healthcare through more accessible
care, including at La Posada, and by creating more connections to referral pathways.
Encampment Resolution Funding grant
The California Interagency Council on Homelessness established the Encampment Resolution
Funding Program grant to help local jurisdictions ensure the wellness and safety of people
experiencing homelessness in encampments.
The city submitted a proposal for the Encampment Resolution Funding Program in February
2023, requesting $2,358,408.94 in grant funding to support services for up to three years, and,
on June 14, 2023, was notified it had been awarded the full amount.
What the grant will pay for
The city’s proposal was focused on the Downtown Village Area with an emphasis on the areas
around Pine Park, Holiday Park, City Hall and the Georgina Cole Library. These locations were
selected largely due to the history of community complaints regarding people experiencing
homelessness in this area, which have cited concerns about substance abuse, cleanliness and
trash issues, and people with apparent mental health symptoms being near playgrounds, parks
and youth and senior activities. City staff also narrowed down the target areas to put the city’s
proposal in a competitive range, based on grant program guidelines and scoring criteria.
This focus is intended to make a significant impact within the community by helping people
experiencing homelessness move to permanent housing destinations, reducing the community
impacts of homelessness in these areas and addressing public concerns. This will help advance
the City Council-approved Homelessness Action Plan.
The following table shows the proposed programs and funding identified in the proposal:
Agency Services 3-Year Amount
City of Carlsbad Coordinate all grant activities and
manage the subcontracts $417,480
City of Carlsbad Provide additional limited-term motel
vouchers $97,500
Interfaith Community
Services Provide outreach and case management $748,335
Community Resource Center Provide rapid re-housing and housing
stability assistance $404,932
Southern California Care
Community
Provide street-based medicine and
healthcare coordination $168,101
Catholic Charities Provide low-barrier shelter at La Posada
de Guadalupe1 $522,060
Total $2,358,408
1 The state defines a low-barrier shelter as one that is temporary with the services needed to help homeless
individuals and families quickly obtain permanent housing. These shelters follow the best practices to reduce
barriers to entry, such as allowing partners, pets, storage of personal items and privacy.
July 11, 2023 Item #14 Page 3 of 95
The grant will also provide $305,175 in funding for Housing & Homeless Services Department
staff salaries and benefits as well as $112,305 for the city’s grant administration costs. This will
save the city’s General Fund $417,480 over the three years covered by the grant.
Grant requirements
To accept the grant funding, the city must execute a grant agreement and related program
documents with the California Interagency Council on Homelessness within 30 days of receiving
the grant award letter.
Funding for the expanded services was not included in the Homelessness Action Plan Funding
Plan or the city’s FY 2023-24 Operating Budget because staff was only notified of the grant
award on June 14, 2023. To receive the grant revenue and meet grant requirements, the City
Council will need to amend the FY 2023-24 budget to appropriate the expenses.
Once the California Interagency Council on Homelessness receives the city’s executed grant
agreement and related documents, they will fully execute the documents and process them for
award disbursement. The city will receive all the awarded funds in advance and must abide by
the following deadlines:
• 50% of funds must be expended (paid to subgrantees) by June 30, 2024
• 100% of funds must be obligated by June 30, 2024
• 100% of funds must be expended (paid to subgrantees) by June 30, 2026
To comply with these deadlines, the proposed professional services agreements with the city’s
subcontractors – the non-profit organizations that help the city in its efforts to reduce
homelessness – will commence as soon as practicable after the grant agreement is fully
executed and will continue until June 30, 2026.
The professional services agreements will provide 60% of the contractors’ funding amount
upon contract execution, with the remaining funds to be provided no later than June 30, 2026.
To ensure compliance with the grant requirements, the contractors will submit documentation
of expenditures to the city for review and approval on a monthly basis.
Procurement exemption
The California Interagency Council on Homelessness requires that performance under this grant
program, that is, the services to be provided, start no later than 30 days after all approvals have
been obtained and the grant agreement is fully executed, or on the date set by the interagency
council and the city. This means that the city’s subcontractor agreements must also be
executed and that the services to homeless persons must commence within this limited
timeframe. Failure to do so could result in termination of the grant agreement.
This grant proposal also includes partnerships and subcontracts with Interfaith Community
Services, Community Resource Center, Southern California Care Community and Catholic
Charities Diocese of San Diego. All these service providers except Southern California Care
Community have contracted with the city for the same or similar services, have been
responsive to previous homelessness services requests for proposals and/or have been long-
term, successful partners with the city addressing homelessness. Southern California Care
Community is the only medical services organization providing free medical care for people
experiencing homelessness in Carlsbad.
July 11, 2023 Item #14 Page 4 of 95
Because of these limiting factors, and the unique nature of the specialized services involved,
staff have concluded that it’s impractical to timely complete a request for proposals process to
identify subcontractors for the Encampment Resolution Fund Program. It is in the best interest
of the city to contract with the four above-named providers to provide these grant-funded
services.
Accordingly, the proposed resolution in Exhibit 1 requests a professional services procurement
exemption under Carlsbad Municipal Code Section 3.28.110(N), for “Situations where
solicitations of bids or proposals for good, services and/or professional services would be, in the
discretion of the awarding authority, impractical, unavailing, impossible, or not in the best
interests of the city.”
The city’s Purchasing Officer reviewed the exemption request, agreed that the request complies
with the reasons identified in Carlsbad Municipal Code Section 3.28.110(N) and is
recommending that the City Council approve the professional services procurement exemption.
A memorandum detailing this exemption request is provided as Exhibit 3.
Fiscal Analysis
The full grant amount of $2,358,408.94 will need to be appropriated in the city’s operating
budget by City Council resolution (Exhibit 1). The grant provides funding for some staff costs
related to program delivery and grant administration. The city will have a General Fund savings
of $417,480.19 over the next three fiscal years because the grant includes funding for Housing
& Homeless Services Department staff salaries and administrative costs.
Next Steps
The City Manager will execute a required grant agreement and related program documents
with the California Interagency Council on Homelessness and professional services agreements
with the organizations providing the grant services. Staff will manage the grant program and
oversee subcontractors and provide updates to the City Council during the annual and semi-
annual homelessness update reports.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under Public Resources Code
Section 21065. It has no potential to cause either a direct physical change in the environment or
a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution authorizing grant agreement and related program documents
2. City Council resolution authorizing professional services agreements
3. Memorandum supporting professional services procurement exemption
July 11, 2023 Item #14 Page 5 of 95
RESOLUTION NO. 2023-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT AND RELATED PROGRAM DOCUMENTS WITH THE CALIFORNIA
INTERAGENCY COUNCIL ON HOMELESSNESS AND AUTHORIZING THE
DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, TO APPROPRIATE AN
ADDITIONAL $2,358,408.94 TO THE STATE GRANT SPECIAL REVENUE
FUND'S FISCAL YEAR 2023-24 OPERATING BUDGET
WHEREAS, on Dec. 1, 2022, 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; and
WHEREAS, Initiative l.l(c) of the Homelessness Action Plan is to identify one-time and ongoing
funding sources.; and
WHEREAS, the Encampment Resolution Funding Program funding aligns with Initiative 1.l(c) of
the Homelessness Action Plan and would supplement and reduce the amount of general funds
allocated in the city's Homelessness Action Plan Funding Plan; and
WHEREAS, on Feb 28, 2023, the city submitted an Encampment Resolution Funding Program
proposal for a total amount of $2,358,408.94 over three years; and
WHEREAS, the city's Encampment Resolution Funding Program proposal included activities that
align with eleven of the Homelessness Action Plan Initiatives; and
WHEREAS, on June 14, 2023, the city received a notification from the California lnteragency
Council on Homelessness of an Encampment Resolution Funding Program grant award in the full
amount requested; and
WHEREAS, the lnteragency Council on Homelessness requires that 50% of the grant funds be
expended by June 30, 2024, 100% of the grant funds be obligated by June 30, 2024, and 100% of the
grant funds be expended by June 30, 2026; and
WHEREAS, the lnteragency Council on Homelessness requires that the grant agreement and
related documents (Attachments A-E) be executed by the city within 30 days after receiving the notice
of award.
Exhibit 1
July 11, 2023 Item #14 Page 6 of 95
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 a grant agreement
and related program documents between the City of Carlsbad and the California
lnteragency Council on Homelessness for the Encampment Resolution Funding Program
(Attachments A -E).
3.That the Deputy City Manager, Administrative Services, is hereby authorized to
appropriate an additional $2,358,408.94 to the State Grant Special Revenue Fund's
Fiscal Year 2023-24 Operating Budget.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of J..!!!y, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
f-SHERRY FREISINGER, City Clerk
(SEAL)
July 11, 2023 Item #14 Page 7 of 95
SCO ID: Attachment A
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .---------------,,----------------,
STANDARD AGREEMENT
STD 21 3 (Rev. 04/2020)
AGREEMENT NUMBER
23-ERF-2-R-10008
PURCHASING AUTHORITY NUMBER (If Applicable)
010725
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency
CONTRACTOR NAME
City of Carlsbad
2. The term of this Agreement is:
START DATE
Upon BCSH Approval
THROUGH END DATE
3/31/2027
3. The maximum amount of this Agreement is:
$2,358,408.94 (Two Million Three Hundred Fifty Eight Thousand Four Hundred Eight Dollars and Ninety Four Cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Disbursement Provisions
Exhibit C State of California General Terms and Conditions
+
1--Exhibit D General Terms and Conditions -
+ -Exhibit E Special Terms and Conditions -
Items shown with an asterisk/*), are hereoy incorporated by reference ana maae part or this agreement as if attached hereto.
These documents can be viewed at https://www.dqs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Carlsbad
CONTRA SS ADDRESS
3096 H
July 11, 2023
CITY
Carlsbad
TinEU
Item #14
STATE
CA
Page 8 of 95
Pages
6
4
1
10
2
ZIP
92008
Page 1 of 2
July 11, 2023 Item #14 Page 9 of 95
SCO ID:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~-----------~-------------~
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS
500 Capitol Mall, Suite 1850
PRINTED NAME OF PERSON SIGNING
Lourdes Castro Ramfrez
CONTRACTING AGENCY AUTHORIZED SIGNATURE
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
AGREEMENT NUMBER
23-ERF-2-R-10008
STATE OF CALIFORNIA
PURCHASING AUTHORllY NUMBER (If Applicable)
010725
CllY STATE ZIP
Sacramento CA 95814
TITLE
Secretary
DATE SIGNED
EXEMPTION (If Applicable)
Page 2 of 2
1) Authority
Encampment Resolution Funding Program
Round 2, Rolling Disbursement (ERF-2-R)
Standard Agreement
EXHIBIT A
Attachment B
City of Carlsbad
23-ERF-2-R-10008
Page 1 of 23
AUTHORITY, PURPOSE, AND SCOPE OF WORK
The State of California has established the Encampment Resolution Funding
Program ("ERF" or "Program") pursuant to Chapter 7 (commencing with Section
50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197
(Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California lnteragency Council on
Homelessness ("Cal ICH") in the Business, Consumer Services and Housing
Agency ("Agency"). ERF provides one-time, competitive grant funds to Continuums
of Care and I or Local Jurisdictions as defined below. To date, there have been two
rounds of the Encampment Resolution Funding Program. This Standard Agreement
governs the Rolling Disbursement in Round 2 of the ERF Program ("ERF-2-R"). For
this Standard Agreement, ERF-2-R is synonymous with "ERF" or "Program"." and
refers to programs and grantees under Health and Safety Code 50252.1 (c)(1 ).
This Standard Agreement along with all its exhibits ("Agreement") is entered into by
Cal ICH and a Continuum of Care or a Local Jurisdiction ("Grantee") under the
authority of, and in furtherance of, the purpose of the Program. In signing this
Agreement and thereby accepting this award of funds, the Grantee agrees to comply
with the terms and conditions of this Agreement, the Notice of Funding Availability
("NOFA") under which the Grantee applied, the representations contained in
the Grantee's application, Cal ICH guidance or directives, and the requirements
appearing in the statutory authority for the Program cited above.
2) Purpose
As stated in the NOFA, the Program's objective is to fund actionable, person-
centered local proposals that resolve the experience of unsheltered homelessness
for people residing in encampments. Resolving these experiences of homelessness
will necessarily address the safety and wellness of people within encampments,
resolve critical encampment concerns, and transition individuals into interim shelter
with clear pathways to permanent housing or directly into permanent housing, using
data informed, non-punitive, low-barrier, person-centered, Housing First, and
coordinated approaches. These projects must comply with the principles of Housing
First as defined in Welfare and Institutions Code Section 8255. Proposals may
bolster existing, successful models and/or support new approaches that provide safe
stable, and ultimately permanent housing for people experiencing homelessness in
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City of Carlsbad
23-ERF-2-R-10008
Page 2 of 23
encampments. Expenditures shall be consistent with the legislative intent of the
authorizing statute to ensure the safety and wellness of people experiencing
homelessness in encampments.
3) Definitions
The following Encampment Resolution Funding Program terms are defined in
accordance with Health and Safety Code Section 50250, Subdivisions (a) -(I);
(a) "Additional funding round moneys" means moneys appropriated for the program in
orafterfiscalyear2022-23.
(b) "Agency" means the Business, Consumer Serv.ices, and Housing Agency.
(c) "Applicant" means a continuum of care or local jurisdiction
(d) "Continuum of Care" has the same meaning as in Section 578.3 of Title 24 of the
Code of Federal Regulations.
(e) "Council" means the California lnteragency Council on Homelessness, previously
known as the Homeless Coordinating and Financing Council created pursuant to
Section 8257 of the Welfare and Institutions Code.
(f) "County" includes, but is not limited to, a city and county.
(g) "Funding round 1 moneys" means moneys appropriated for the program in fiscal
year 2021-22.
(h) "Homeless" has the same meaning as in Section 578.3 of Title 24 of the Code of
Federal Regulations.
(i) "Local Jurisdiction" means a city, including a charter city, a county, including a
charter county, or a city and county, including a charter city and county.
U) "Program" means the Encampment Resolution Funding program established
pursuant to this chapter.
(k) "Recipient" means an applicant that receives grant funds from the council for the
purposes of the program.
(I) "State right-of-way" means real property held in title by the State of California
Additional definitions for the purposes of ERF program:
"Grantee" is "a Continuum of Care or a Local Jurisdiction that receives grant funds
from the Council for the purposes of the program. Grantee is synonymous with
"Recipient."
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City of Carlsbad
23-ERF-2-R-10008
Page 3 of 23
"Subrecipients" or "Subgrantees" are entities that receive subawards from
"Recipients" or "Grantees" to carry out part of the Program.
"Expended" means all ERF funds obligated under contract or subcontract that have
been fully paid and receipted, and no invoices remain outstanding.
"Obligate" means that the Grantee has placed orders, awarded contracts, received
services, or entered into similar transactions that require payment using ERF
funding. Grantees must obligate the funds by the statutory deadlines set forth in this
Exhibit A.
"Cal ICH" is synonymous with "Council".
4) Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the
Program's intended objectives.
As detailed in Exhibit A.2, the Program's objective is to fund grantees to implement
actionable, person-centered local proposals that resolve the experience of
unsheltered homelessness for people residing in encampments.
Grantees will implement their ERF funded local proposals in compliance with the
terms and conditions of this Agreement, the NOFA under which the Grantee applied,
the representations contained in the Grantee's application, Cal ICH guidance and
directives, and the requirements per the authorizing statute.
Expenditures shall be consistent with the legislative intent of the authorizing statute
to ensure the safety and wellness of people experiencing homelessness in
encampments. Permissible eligible uses and activities are detailed below in Exhibit
B, Budget Details and Disbursement Provisions. Prior to fully executing this
agreement, Grantees must standardize their budget using a Cal ICH provided
budget template.
Grantees are expected to be close partners with Cal ICH. This means timely and
accurate reporting, candid communication of successes and challenges, and
availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit 0.4. Reporting,
Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6. Effective Date, Term of
Agreement, and Deadlines.
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City of Carlsbad
23-ERF-2-R-10008
Page 4 of 23
Grantees shall complete a Final Work Product (As detailed below in Exhibit A.6.d.)
and participate in a program evaluation regarding their implementation of ERF
awards. To support this effort, Cal ICH will make Technical Assistance available.
Cal ICH maintains sole authority to determine if a Grantee is acting in compliance
with the program objectives and may direct Grantees to take specified actions or risk
breach of this Agreement. Grantees will be provided reasonable notice and
Cal ICH's discretion in making these determinations are absolute and final.
5) Cal ICH Contract Coordinator
Cal ICH's Contract Coordinator for this Agreement is the Council's Grant
Development Section Chief or the Grant Development Section Chiefs designee.
Unless otherwise instructed, any communication shall be conducted through email to
the Cal ICH Contractor Coordinator or their designee. If documents require an
original signature, the strongly preferred form is an e-Signature in accordance with
the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable
to sign a document electronically, Agency shall accept wet or original signed
documents. These documents containing wet signatures should be both mailed to
Cal ICH and scanned and emailed as instructed. State law or policy may require the
use of wet signatures for specific documents. The Representatives during the term
of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business, Consumer Services City of Carlsbad and Housing Agency
California lnteragency Council on
SECTION/UNIT: Homelessness
(Cal ICH)
ADDRESS: 801 Capital Mall, 6th floor 3096 Harding Street
Sacramento, CA, 95814 Carlsbad, CA 92008
CONTRACT Jeannie McKendry Chris Shilling COORDINATOR
PHONE (916) 510-9446 (442) 339-2284 NUMBER:
EMAIL Jeannie.McKend[YC@.bcsh .ca.gov chris.shilling@carlsbadca.gov ADDRESS: and calichgrants(@.bcsh.ca.gov
The Council reserves the right to change their Cal ICH Contractor Coordinator,
designee, and/ or contact information at any time with reasonable notice to the
Grantee.
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City of Carlsbad
23-ERF-2-R-10008
Page 5 of 23
All requests to update the Grantee information listed within this Agreement shall be
emailed to Cal ICH grant's general email box at calichgrants@bcsh.ca.gov.
Notice to either party may be given by email. Such notice shall be effective when
received as indicated on email. Changes to Cal ICH Contractor Coordinator,
designee, and / or contact information or grantee information can be made without
a formal amendment, approved by DGS.
6) Effective Date. Term of Agreement. and Deadlines
a) This Agreement is effective upon execution by Cal ICH, which includes signature
from the Grantee and Cal ICH . This is indicated by the Cal ICH provided
signature and date on the second page of the accompanying STD. 213, Standard
Agreement.
b) Performance shall start no later than 30 days, or on the express date set by Cal
ICH and the Grantees, after all approvals have been obtained and the Grant
Agreement is fully executed. Should the Grantee fail to commence work at the
agreed upon time, Cal ICH, upon five (5) days written notice to the grantee,
reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including
data reporting and participation in program evaluation activities, as needed.
d) This Agreement will terminate on March 31 , 2027.
Grantees shall submit a Final Work Product by September 30, 2026. The Final
Work Product will include programmatic and fiscal data and ·a narrative on the
outputs and outcomes of the program on a reporting template to be provided by
Cal ICH.
Cal ICH will review submitted Final Work Products and collaborate with Grantees
to cure any deficiencies by March 31 , 2027.
Grantees are expected to continue performing until March 31 , 2027. This means
timely and accurate reporting, candid communication of success or
shortcomings, and availability of persons, information, or materials.
e) Expenditure and Obligation Deadlines:
i. Grantees shall expend no less than 50 percent and obligate 100 percent of
Program funds by June 30, 2024.
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23-ERF-2-R-10008
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ii. Grantees that have not obligated 100 percent of their Program funds by
June 30, 2024, shall submit an alternative disbursement plan to Cal ICH for
approval no later than July 30, 2024. This alternative disbursement plan
should detail the explanation for the delay and plans for all future obligations
and expenditures.
iii. Grantees not meeting the requirements outlined in (i) may be subject to
additional corrective action, as determined by Cal ICH.
iv. All Program funds (100 percent) shall be expended by June 30, 2026. Any
funds not expended by this date shall revert to the fund of origin pursuant to
HSC Section 50253(e)(5). · ·
7) Special Conditions
Cal ICH maintains sole authority to determine if a Grantee is acting in compliance
with the program objectives and may direct Grantees to take specified actions or risk
breach of this Agreement. Grantees will be provided reasonable notice and Cal
ICH's discretion in making these determinations are absolute and final.
July 11, 2023
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT B
City of Carlsbad
23-ER F-2-R-10008
Page 7 of 23
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being
released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through E
• STD 204 Payee Data Record or Government Agency Taxpayer ID Form
2) Disbursement of Funds
ERF will be disbursed to the Grantee upon receipt, review and approval of the
completed Standard Agreement and RFF by Cal ICH, the Department of General
Services (DGS), and the State Controller's Office (SCO).
The RFF must include the total amount of Program funds proposed to be expended.
The ERF will be disbursed in one allocation via mailed check once the RFF has
been received by the SCO. Checks will be mailed to the address and contact name
listed on the RFF.
3) Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities
as detailed in the submitted standardized budget. Cal ICH reserves the right to direct
specific line-item changes in the originally submitted Application budget or
subsequently submitted standardized budgets.
a) Budget Changes
i) Process:
Budget modification requests should be made as part of the quarterly report
process. These requests will be reviewed in the first week after quarterly
reports are received. Cal ICH may consider budget change requests outside
of this process, through email as needed due to documented, exigent
circumstances. Grantees carry the burden to anticipate foreseeable budget
change requests and should plan accordingly.
Cal ICH reserves the right to amend or adjust this process as necessary.
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ii) Conditions requiring a budget modification request:
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23-ERF-2-R-10008
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Changes may be made to the timing (e.g., fiscal year) of eligible use
expenditures without prior approval by Cal ICH so long as the total
expenditures (actual and projected) for each eligible use category remain the
same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use
category must be approved by Cal ICH's Grant Development Section Chief or
their designee, in writing, before the Grantee may expend Program funds
according to an alternative standardized budget. The Grant Development
Section Chief will respond to Grantee with approval or denial of
request. Failure to obtain written approval from Cal ICH as required by this
section may be considered a breach of this Agreement. A breach of this
agreement may result in remedies listed below in Exhibit D.6. Breach and
Remedies.
Regardless of an increase or decrease of an expenditure amount, any
significant or material programmatic or fiscal change as considered by a
reasonable project manager should be submitted to Cal ICH for approval.
b) Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 -
50254, other applicable laws, the terms and conditions of this Agreement, Cal
ICH guidance or directives, the NOFA under which the Grantee applied,
representations contained in the Grantee's application, and the Purpose of the
Program as detailed in Exhibit A.2. Purpose.
Eligible uses and activities include, but are not limited to, the following:
Rapid Rehousing: Rapid rehousing, including housing identification services,
rental subsidies, security deposits, incentives to landlords, and holding fees for
eligible persons, housing search assistance, case management and facilitate
access to other community-based services.
Operating Subsidies: Operating subsidies in new and existing affordable or
supportive housing units, emergency shelters, and navigation centers. Operating
subsidies may include operating reserves.
Street Outreach: Street outreach to assist eligible persons to access crisis
services, interim housing options, and permanent housing and services. Services
Coordination Services coordination, which may include access to workforce,
education, and training programs, or other services needed to improve and
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City of Carlsbad
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Page 9 of 23
promote housing stability for eligible persons, as well as direct case management
services being provided to persons.
Systems Support: Systems support for activities that improve, strengthen,
augment, complement, and/or are necessary to create regional partnerships and
a homeless services and housing delivery system that resolves persons'
experiences of unsheltered homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative
housing solutions, such as unit conversions that are well suited for eligible
persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to
permanent housing, including flexible forms of financial assistance, problem
solving assistance, and other services to prevent people that have been placed
into permanent housing from losing their housing and falling back into
unsheltered homelessness. This category is only available to serve people who
were formerly residing in the prioritized ERF encampment site.
Interim Sheltering: Interim sheltering, limited to newly developed clinically
enhanced congregate shelters, new or existing non-congregate shelters, and
operations of existing navigation centers and shelters based on demonstrated
need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing
emergency shelters to lower barriers, increase privacy, better address the needs
of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded Program funds may be applied to
administrative costs.
Program funds shall not be expended on Site Restoration or other Ineligible
Costs as detailed immediately below.
4) Ineligible Costs
ERF shall not be used for costs associated with activities in violation, conflict, or
inconsistent with HSC Sections 50250 -50254, other applicable laws, the terms and
conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which
the Grantee applied, representations contained in the Grantee's application, and the
Purpose of the Program as detailed in Exhibit A.2. Purpose.
Costs shall not be used for any use or activity that is in violation, conflict, or
inconsistent with the legislative intent of the authorizing statute to ensure the safety
and wellness of people experiencing homelessness in encampments.
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Moreover, no parties to this contract nor their agents shall directly or indirectly use
ERF awards for any use or activity that is in violation, conflict, or inconsistent with
the legislative intent of the authorizing statute to ensure the safety and wellness of
people experiencing homelessness in encampments. ERF funded activities that
cause a traumatic effect are inconsistent with ensuring the safety and wellness of
people experiencing homelessness in encampments.
Cal ICH, at its sole and absolute discretion, shall make the final determination
regarding the allowability of ERF expenditures.
Cal ICH reserves the right to request additional clarifying information to determine
the reasonableness and eligibility of all uses of the funds made available by this
Agreement. If the Grantee or its funded subrecipients use ERF funds to pay
for ineligible activities, the Grantee shall be required to reimburse these funds to Cal
ICH at an amount and timeframe determined by Cal ICH.
An expenditure which is not authorized by this Agreement, or by written approval of
Cal ICH, or which cannot be adequately documented, shall be disallowed, and
must be reimbursed to Cal ICH by the Grantee at an amount and timeframe
determined by Cal ICH.
Program funds shall not be used to supplant existing local funds for homeless
housing, assistance, prevention, or encampment resolution including site restoration
or waste management.
Unless expressly approved by Cal ICH in writing reimbursements are not permitted
for any Program expenditures prior to this Agreement's date of execution.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT C
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23-ERF-2-R-10008
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STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General
Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FI NALapril2017 .pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2
In the interpretation of this Agreement, any inconsistencies between the State of
California General Terms and Conditions (GTC -04/2017) and the terms of this
Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and
its exhibits/attachments.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT D
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
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Cal ICH may terminate this Agreement at any time for cause by giving a
minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall
consist of violations of any conditions of this Agreement, any breach of contract
as described in paragraph 6 of this Exhibit D; violation of any federal
or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination
of this Agreement, unless otherwise approved in writing by Cal ICH, any
unexpended funds received by the Grantee shall be returned to Cal ICH
within 30 days of Cal IC H's specified date of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made
available to Cal ICH by legislative appropriation. In addition, this Agreement is
subject to any additional restrictions, limitations or conditions, or statutes,
regulations or any other laws, whether federal or those of the State of California,
or of any agency, department, or any political subdivision of the federal or State
of California governments, which may affect the provisions, terms or funding of
this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other
means, the rights, duties, or performance of this Agreement or any part thereof,
except as allowed within Exhibit D.12. (Special Conditions-Grantees/Sub Grantee)
or with the prior written approval of Cal ICH and a formal amendment to this
Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee submitted a standardized budget to Cal ICH as part of their application for
the Program.
Grantee warrants that all information, facts, assertions and representations
contained in the application and approved modifications and additions thereto are
true, correct, and complete to the best of Grantee's knowledge. In the event that any
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part of the application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would substantially affect
Cal ICH approval, disbursement, or monitoring of the funding and the grants or
activities governed by this Agreement, then Cal ICH may declare a breach of this
Agreement and take such action or pursue such remedies as are legally available.
4) Reporting, Evaluation, and Audits
a) Reporting Requirements
i. Timing and Format of Reports.
Grantee is required to provide Cal -fCH or its agents with all data and
outcomes that may inform an assessment of the funded proposal. Grantees
shall report quarterly and have one Final Work Product submitted prior to
this Agreement's termination.
The quarterly reports shall be submitted on a template to be provided by Cal
ICH at least 90 days prior to the first reporting deadline. Cal ICH may
request interim reports as needed and will provide no less than 30 days'
notice to Grantees.
ii. Required Data
July 11, 2023
Grantees will be required to provide:
• Outreach and service path data at the anonymized, individual level;
• Current housing status of persons served in the aggregate;
• Status of funding as presented in the Cal ICH approved , standardized
budget; and
• Continued confirmation that projects receiving ERF funds are populated
timely into HMIS and use Cal ICH supplied funding codes.
Cal ICH's discretion in identifying which information shall be included in
these reports is final. ·
Pursuant to HSC Section 50254, grantees shall provide data elements,
including, but not limited to , health information, in a manner consistent with
state and federal law, to their local Homeless Management Information
System for tracking in the statewide Homeless Data Integration System.
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual,
client-level data for persons served by grant funding to the council, in
addition to any data reported through local Homeless Management
Information System, as required by the council for the purposes of research
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and evaluation of grant performance, service pathways, and outcomes for
people served.
Grantees shall comply with the data entry requirements of AB977, located at
Welfare and Institutions Code section 8256(d).
iii. Cal ICH usage of Reports
Pursuant to HSC Section 50254(b)(4), Council staff may use information
reported directly from grantees and through statewide Homeless Data
Integration System for the purposes of research and evaluation of grant
performance, service pathways, and outcomes for people served.
iv. Failure to Report
If the Grantee fails to provide any such report, Cal ICH may recapture any
portion of the amount authorized by this Agreement with a 14-day written
notification.
b) Evaluation
i. At Cal ICH's discretion, Grantees shall partidpate in a program evaluation
regarding their implementation of ERF awards. To support this effort, Cal
ICH will contract a third party to complete the evaluation.
ii. Grantees are expected to be close partners with Cal ICH for this program
evaluation and for all evaluative aspects of this Program. This means timely
and accurate reporting, candid communication of success or challenges,
and availability of persons, information, or materials. More specifically,
Grantees must cooperate with Cal ICH or its designee as reasonably
required to implement an evaluation plan. This includes providing or
facilitating the collection of data and materials as reasonably requested by
Cal ICH or its designee.
iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related
to the project and film, tape, photograph, interview, and otherwise document
Grantee's operations during normal business hours and with reasonable
advance notice. Cal ICH will comply with Grantee's site visit terms during
any site visits.
iv . Grantees should maintain active data, documents, and filings in anticipation
of this evaluation. Special care should be taken to organize and preserve
internal work products that guided implementation by the Grantee or
subgrantee.
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City of Carlsbad
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Page 15 of 23
v . Grantees shall notify Cal ICH and provide copies of any reports or findings if
Grantee conducts or commissions any third-party research or evaluation
regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation.
c) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial
audit prepared by a certified public accountant. Should an audit be required, the
Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Cal ICH of the auditor's name and address
immediately after the selection has been made. The contract for the audit
shall allow access by Cal ICH to the independent auditor's working papers.
iii) The Grantee is responsible for the completion of audits and all costs of
preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response
acceptable to Cal ICH for each audit finding within 90 days from the date of
the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all
records and supporting documentation pertaining to performance under this
Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any
relevant information requested. The Grantee agrees to give Cal ICH or its
designee access to its premises, upon reasonable notice and during normal
business hours, for the purpose of interviewing employees who might reasonably
have information related to such records, and of inspecting and copying such
books, records, accounts, and other materials that may be relevant to
an investigation of compliance with the ERF laws, Cal ICH guidance or
directives, and this Agreement.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for
a minimum period offive (5) years after the termination of this Agreement.
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If any litigation, claim, negotiation, audit, monitoring, inspection, or other action
has been commenced before the expiration of the required record retention
period, all records must be retained until completion of the action and resolution
of all issues which arise from it.
c) Public Records Act
The grantees' final HHAP-4 application, this contract, and other documents
related to the grant are considered public records, which are available for public
viewing pursuant to the California Public Records Act.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee's failure to comply with the terms or conditions of this Agreement.
ii. Use of, or permitting the use of, Program funds provided under this
Agreement for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this Agreement.
b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or
equity for breach of this Agreement, Cal ICH may:
i. Conduct a program monitoring which will include a corrective action plan
(CAP) with findings, remedies, and timelines for resolving the findings.
ii. Bar the Grantee from applying for future ERF funds;
iii. Revoke any other existing ERF award(s) to the Grantee;
iv. Require the return of any unexpended ERF funds disbursed under this
Agreement;
v. Require repayment of ERF funds disbursed and expended under this
Agreement;
vi. Require the immediate return to Cal ICH of all funds derived from the use of
ERF
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City of Carlsbad
23-ERF-2-R-10008
Page 17 of 23
vii. Seek, in a court of competent jurisdiction, an order for specific performance
of the defaulted obligation or participation in the technical assistance in
accordance with ERF requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive.
d) Cal ICH may give written notice to the Grantee to cure the breach or
violation within a period of not less than 14 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior
or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of
this Agreement, or to require. at any time, performance by the Grantee of these
provisions, shall in no way be construed to be a waiver of such provisions nor to
affect the validity of this Agreement or the right of Cal ICH to enforce
these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex (gender), sexual orientation, gender
identity, gender expression, race, color, ancestry, religion, creed, national origin
(including language use restriction), pregnancy, physical disability (including HIV and
AIDS), mental disability, medical condition (cancer/genetic characteristics), age
(over 40), genetic information, marital status, military and veteran status, denial of
medical and family care leave or pregnancy disability leave, or any other
characteristic protected by state or federal law. Grantees and Sub grantees shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Grantee and
its subrecipients shall comply with the provisions of California's laws against
discriminatory practices relating to specific groups: the California Fair Employment
and Housing Act (FEHA) (Gov. Code, Section 12900 et seq .); the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the
provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government
Code (Gov. Code, Section 11135 -11139.5). Grantee and its subrecipients shall
give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to
comply with these laws, including business and financial disclosure provisions, will
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result in the application being rejected and any subsequent contract being declared
void. Other legal action may also be taken . Additional applicable statutes include,
but are not limited to , Government Code Section 1090 and Public Contract Code
Sections.10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any
employment, activity, or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by
any State agency, unless the employment, activity, or enterprise is required as a
condition of regular State employment. No State officer or employee shall
contract on his or her own behalf as an independent Grantee with any State
agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left
State employment, no former State officer or employee may enter into a contract
in which he or she engaged in any of the negotiations, transactions, planning,
arrangements, or any part of the decision-making process relevant to the
contract while employed in any capacity by any State agency. For the twelve-
month period from the date he or she left State employment, no former State
officer or employee may enter into a contract with any State agency if he or she
was employed by that State agency in a policy-making position in the same
general subject area as the proposed contract within the twelve-month period
prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all
applicable provisions of law pertaining to conflicts of interest, including but not
limited to any applicable conflict of interest provisions of the Political Reform
Act of 1974 (Gov. Code, Section 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board,
committee, or body with the primary purpose of administering funds or making
funding recommendations for applications pursuant to th is chapter shall have no
financial interest in any contract, program, or project voted on by the board ,
committee, or body on the basis of the receipt of compensation for holding public
office or public employment as a representative of the county.
10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies,
under penalty of perjury under the laws of State of California, that it and its
sub recipients will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free
workplace by taking the following actions:
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City of Carlsbad
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Publish a statement notifying employees and subrecipients that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance
is prohibited and specifying actions to be taken against employees, Grantees, or
subrecipients for violations, as required by Government Code Section 8355,
subdivision (a)(1 ).
a) Establish a Drug-Free Awareness Program, as required by Government Code
Section 8355, subdivision (a)(2) to inform employees, Grantees, or
subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Grantee'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, Grantees, and
subrecipients for drug abuse violations.
b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that
every employee and/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee's drug-free policy statement, and
ii. Will agree to abide by terms of Grantee's condition of employment or
subcontract.
11 ) Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in
accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family
Code;and
b) The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
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12) Special Conditions -Grantees/Subgrantee
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The Grantee agrees to comply with all conditions of this Agreement including
the Special Conditions set forth in Exhibit E. These conditions shall be met to the
satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that
all Subgrantees are made aware of and agree to comply with all the conditions of
this Agreement and the applicable State requirements governing the use of ERF.
Failure to comply with these conditions may result in termination of this Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require
the Grantee and its Subgrantees, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and
building codes, as applicable.
ii. Maintain at least the minimum State-required worker's compensation for
those employees who will perform the work or any part of it.
iii. Maintain , as required by law, unemployment insurance, disability insurance,
and liability insurance in an amount that is reasonable to compensate any
person, firm or corporation who may be injured or damaged by the Grantee or
any Subgrantee in performing the Work or any part of it.
iv. Agree to include and enforce all the terms of this Agreement in each
subcontract.
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations
that pertain to construction, health and safety, labor, fair employment practices,
environmental protection, equal opportunity, fair housing, and all other matters
applicable and/or related to the ERF program, the Grantee, its subrecipients, and all
eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and
approvals required for performing any activities under this Agreement, including
those necessary to perform design, construction, or operation and maintenance of
the activities. Grantee shall be responsible for observing and complying with any
applicable federal, state, and local laws, rules or regulations affecting any such work,
specifically those including, but not limited to, environmental protection,
procurement, and safety laws, rules, regulations, and ordinances. Grantee shall
provide copies of permits and approvals to Cal ICH upon request.
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14) Inspections
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a) Grantee shall inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state
and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure
that the work is being and has been performed in accordance with the
applicable federal, state and/or local requirements, and this Agreement.
c) Grantee agrees to require that all work that is determined based on such
inspections not to conform to the applicable requirements be corrected and to
withhold payments to the subrecipient until it is corrected.
15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by
a court of competent jurisdiction, such invalidity, at the sole discretion of Cal
ICH, shall not affect any other provisions of this Agreement and the remainder of
this Agreement shall remain in full force and effect. Therefore, the provisions of
this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of ar.,y claim or action undertaken
by or against it, which affects or may affect this Agreement or Cal ICH, and shall
take such action with respect to the claim or action as is consistent with the
terms of this Agreement and the interests of Cal ICH.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
City of Carlsbad
23-ERF-2-R-10008
Page 22 of 23
1) All proceeds from any interest-bearing account established by the Grantee for the
deposit of funds, along with any interest-bearing accounts opened by subr~cipients
to the Grantee for the deposit of funds, must be used for eligible activities and
reported on as required by Cal ICH.
2) Grantee shall utilize its local Homeless Management Information System (HMIS) to
track ERF projects, services, and clients served. Grantee will ensure that HMIS data
are collected in accordance with applicable laws and in such a way as to identify
individual projects, services,. and clients that are supported by
funding (e.g., by creating appropriate -ERF specific funding sources and project
codes in HMIS}.
3) Grantee shall participate in and provide data elements, including, but not limited to ,
health information , in a manner consistent with federal law, to the statewide
Homeless Management Information System (known as the Homeless Data
Integration System or "HDIS"), in accordance with their existing Data Use
Agreement entered into with the Council, if any, and as required by Health and
Safety Code Section 50254. Any health information provided to, or maintained
within, the statewide Homeless Management Information System shall not be
subject to public inspection or disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). For purposes of this paragraph, "health information" means
"protected health information," as defined in Part 160.103 of Title 45 of the Code of
Federal Regulations, and "medical information," as defined in subdivision U) of
Section 56.05 of the Civil Code. The Council may, as required by operational
necessity, amend or modify required data elements, disclosure formats, or
disclosure frequency. Additionally, the Council, at its discretion, may provide
Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in
support of the Purpose of this Agreement and the existing Data Use Agreement.
4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a
contracted technical assistance provider acting on behalf of Cal ICH. Grantee will
report to Cal ICH on programmatic changes the Grantee will make as a result of the
technical assistance and in support of their grant goals.
5) Grantee should establish a mechanism for people with lived experience of
homelessness to have meaningful and purposeful opportunities to inform and shape
all levels of planning and implementation, including through opportunities to hire
people with lived experience.
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6) Cal ICH maintains sole authority to determine if a Grantee is acting in compliance
with the program objectives and may direct grantees to take specified actions or risk
breach of this Agreement. Grantees will be provided reasonable notice and Cal
ICH's discretion in making these determinations are absolute and final.
July 11, 20 23
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Item #14 Pag~
BUSr.N&SS, CONSUMER SERVICES AND HOUSING AC[NCY
C•llforal• la.tirragHC')' c.,u11dl 011 Homtleuotn
.SOO Cap11ol Mall. Swte 1850
~.CA9S814 Phone (916)6.53-4090
Fa-i.; t916)6.S).381S
Attachment C
ENCAMPMENT RESOLUTION FUND (ERF-2-R)
RE UESTFORFUNDSFORM
Contract Number
Invoice Number
Grantee Name:
Attention to:
Address:
City/State/Zip:
23-ERF-2-R-10008
23-ERF-2-R-10008
Cit of Carlsbad
3096 Harding Street
Carlsbad, CA 92008
Expenditure Deadline: 6/30/2026
Contact Person: Chris Shilling
Contact Person litlc: Homeless Services Mana er
E-mail: chris.shlllln carlsbadca. ov
Phone No.: 442 339-2284
ENCAMPMENT RESOLUTION FUNDING BREAKDOWN
AWARD
Per Health and Safety Code Section 50251 (a), a recipient may use encampment resolution funds for the purpose of ensuring the safety and wellness of people experiencing homelessness in
encampments, resolving critical encampment concerns and transition individuals into safe and stable housing, and encouraging a data-informed, coordinated approach to address encampment
concerns. Funds shall be spent on resolving the identified, prioritized encampment through activities including, but not limited to, all of the following:
• Rapid Rehousing
• Operating Subsidies
• Street Outreach
• Systems Suppon
• Delivery of Pennanent Housing
• Prevention and Shelter Diversion
• Interim Sheltering
• Improvements to Existing Emergency Shelters
• Administration (up to 5%)
resentative Name
July 11, 2023
TOT AL: $2,358,408.94
CERTlFJCA TlON
ledgr and belief that thefonn It true, complete, and accurate, and the actfvllles and budget are/or the purposes and objectwes set forth m the terms and condihons oftM Standard
udulenr tnfi>rmati<m, or theomt.rston nfany marerfalfact. moy.rubject me ,o crlmtnal civil oradmi-ni.rtrartw f"!nl'llllufar fra1Ad.false statementl·,jal..re clalmJ or othen.tse
Date
BCSII USE ONLY
Grants Development Section Chief
Grant Mana ement Re resentative Title
Date
Item #14 Page 33 of 95
CAL I ,H
California
lnteragency Council
on Homelessness
Authorized Signatories Form
Cal ICH Grant Programs
Attachment D
Instructions: This form is intended to list all of the individuals who are authorized to sign Cal ICH grant documents on behalf of the
administrative entity. The authorized representative who signs this form must be an individual who is authorized to legally bind the
administrative entity to Cal !CH grant agreements. The authorized representative is authorized to sign all Cal !CH grant documents on behalf
of the administrative entity and may authorize additional signatories to sign Cal ICH grant documents using the 'Authorized Signatories'
section below.
Grantee Information: Enter the names of the eligble jurisdiction (ie. Sacramento CoC) and administrative entity (ie. Sacramento Steps
Forward) and select all of the Cal ICH grant programs to which this form applies.
Authorized Signatories: Enter the names and title/position of the individuals authorized by the authorized representative to sign Cal !CH grant
documents. Each of the authorized signatories listed below must sign this form. Signatures may be wet or electronic. •
Certification: By signing this form, the authorized representative certifies that they are authorized to legally bind the administrative entity to
Cal ICH grant agreements, they are authorized to sign all Cal !CH grant documents, and the authorized signatories listed on this form are
additionally authorized to sign Cal ICH grant documents. Signatures may be wet or electronic.
Changes to this form: This form must be updated by the administra tive entity whenever the authorized representative or signatories change.
GRANTEE INFORMATION
This form applies to the
following grants:
AUTHORIZED SIGNATORIES
CERTIFICATION
Title/Position
legally authorized to $/gn grant document$ ond that I am add/Hona/ly authorizing the above $/gnatorle$ to $/gn Cal /CH grant document$.
ck-
Date
Rev 0J/2022
July 11, 2023 Item #14 Page 34 of 95
State of California
Financial Information System for California (Fl$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
Attachment E
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a
different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the
form to sign prior to submittal. You may email the form to: vendors@fiscal.ca.gov, or fax it to (916) 576-5200, or mail it to the address above.
Principal C~¼of C&,.,., Is. 42A ,4 Government
Agency Name
Remit-To
Address (Street
or PO Box)
City G..ce\>~d State I QA Zip Code+4
Government Type: ~ City D County Federal
D Special District D Federal Employer
Identification
D Other (Specify) Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same
FEIN and receives payment from the State of California.
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Contact Person
Phone number
Signature
July 11, 2023
Complete
Address
Complete
Address
Complete
Address
Complete
Address
Title
ii address
Date l<~I
Item #14 Page 35 of 95
RESOLUTION NO. 2023-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICES AGREEMENTS WITH INTERFAITH COMMUNITY
SERVICES, COMMUNITY RESOURCE CENTER, SOUTHERN CALIFORNIA CARE
COMMUNITY AND CATHOLIC CHARITIES DIOCESE OF SAN DIEGO TO
PROVIDE SERVICES IDENTIFIED IN THE APPROVED ENCAMPMENT
RESOLUTION GRANT TO ASSIST INDIVIDUALS AND HOUSEHOLDS
EXPERIENCING HOMELESSNESS IN THE CITY OF CARLSBAD, AND
AUTHORIZING A PROFESSIONAL SERVICES PROCUREMENT EXEMPTION
WHEREAS, on Dec. 1, 2022, 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; and
WHEREAS, on Feb 28, 2023, the City submitted an Encampment Resolution fonding Program
proposal for a total amount of $2,358,408.94 over three years; and
WHEREAS, the city's Encampment Resolution Funding Program proposal includes activities that
align with eleven of the Homelessness Action Plan initiatives; and
WHEREAS, on June 14, 2023, the city received a notification from the California lnteragency
Council on Homelessness of an award in the full amount requested; and
WHEREAS, the California lnteragency Council on Homelessness requires that 50% of the funds
be expended by June 30, 2024, 100% of the funds be obligated by June 30, 2024, and 100% of the funds
be expended by June 30, 2026; and
WHEREAS, the city's Encampment Resolution Funding Program proposal identified Interfaith
Community Services, Community Resource Center, Southern California Care Community and Catholic
Charities Diocese of San Diego as partners and subcontractors; and
WHEREAS, the proposed professional services agreements (Exhibit 2, Attachments A-D) are
consistent with the Encampment Resolution Funding Program proposal and the city's Homelessness
Action Plan; and
Exhibit 2
July 11, 2023 Item #14 Page 36 of 95
WHEREAS, the Purchasing Officer has reviewed and is recommending that the City Council
approve an exemption from the Purchasing Ordinance's competitive procurement requirements for
professional services per Carlsbad Municipal Code Section 3.28.llO(N), in order to timely commence
performance under the grant agreement and due to the limited qualified subcontractors in the region.
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 professional services
agreements with Interfaith Community Services, Community Resource Center, Southern
California Care Community and Catholic Charities Diocese of San Diego to provide
services identified in the approved Encampment Resolution Grant to assist individuals
and households experiencing homelessness in the City of Carlsbad (Attachm�nts A-D).
3.That an exemption from the Purchasing Ordinance's professional services procurement
requirements, per Carlsbad Municipal Code Section 3.28.ll0(N), is approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of !!!!Y, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH�r
L SHERRY FREISINGER, City Clerkr (SEAL)
July 11, 2023 Item #14 Page 37 of 95
City Attorney Approved Version 12/28/20221
AGREEMENT FOR HOMELESS OUTREACH, CASE MANAGEMENT AND PEER SUPPORT SERVICES BETWEEN CITY OF CARLSBAD AND INTERFAITH COMMUNITY SERVICES, INC.
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Interfaith Community Services, Inc., a non-profit organization, ("Contractor").
RECITALS
A.City requires the professional services of an organization that is experienced inproviding outreach, case management and peer support services to homeless residents within the City of Carlsbad. B.Contractor has the necessary experience in providing professional services andadvice related to all of the areas set forth in recital A. C.Contractor was included in the City’s grant proposal to the California InteragencyCouncil on 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions.
2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise.
3.TERMThe term of this Agreement will be effective for a period of ___________ months from the date
first above written to 06/30/2026. The City Manager may amend the Agreement to extend it forup to one (1) additional one (1)-year period or parts thereof. An extension will be based upon asatisfactory review of Contractor's performance, City needs, and appropriation of funds by the
City Council. The parties will prepare a written amendment indicating the effective date and lengthof the extended Agreement.
4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement.
5.COMPENSATIONThe total fee payable for the Services to be performed during the Agreement term will be sevenhundred forty-eight thousand three hundred thirty-five dollars ($748,335). No other compensation
for the Services will be allowed except for items covered by subsequent amendments to thisAgreement as approved by the City Manager or designee. The City reserves the right to withholda 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".
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Attachment A
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Upon contract execution, Contractor shall submit an invoice to City for 60% of the total Agreement amount. Once these funds are 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 California Interagency Council on Homelessness. 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. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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. 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’
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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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
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10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this 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 inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.
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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. For City For Contractor
Name Chris Shilling Name Greg Angela
Title Homeless Services Manager Title Chief Executive Officer
Department Housing & Homeless Services Address 550 West Washington Avenue
City of Carlsbad Escondido, CA 92025
Address 1200 Carlsbad Village Drive Phone No. 760-489-6380
Carlsbad, CA 92008 Email gangela@interfaithservices.org
Phone No. 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 in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
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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.
20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering fourteen (14) 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. Upon termination of this Agreement, unless otherwise approved in writing by City, any unexpended funds received by Contractor shall be returned to City within 30 days of the date of termination. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of 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.
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23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. SPECIAL CONDITIONS Contractor must comply with all requirements of City’s Standard Agreement with the California Interagency Council on Homelessness attached as Exhibit “B”. 26. 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. 27. 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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CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) Scott Chadwick, City Manager
Greg Angela, Chief Executive Officer
(print name/title)
ATTEST:
By:
(sign here) SHERRY FREISINGER
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: _____________________________ Marissa Kawecki, Deputy City Attorney
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EXHIBIT “A” SCOPE OF SERVICES A. Provide one (1) full-time State of California licensed or license-eligible clinician
(LCSW, LMFT, or LPCC) or other outreach worker as approved by City and one (1) full-time Peer Support Specialist. It is strongly desired to have at least one (1) staff member who is bilingual in both English and Spanish. The clinician/outreach worker and peer support specialist will provide outreach, case management and peer support (system navigation and basic needs assistance) to City’s homeless residents (“Participants”) within the City’s Encampment Resolution Program area which is attached as Exhibit “C”. B. Ensure each staff member is available to work a minimum of 40 hours per week with availability on weekends and occasional nights. Schedules must be approved by City. All holidays observed by City may be excluded, if desired by Contractor and agreed upon by City. Permanent schedule change requests must be submitted to City with 30 days written notice and must be mutually agreed upon by both parties.
C. Work collaboratively with City staff and partners to identify Participants in need of homeless services. Make and receive referrals from City staff and partners.
D. Ensure each staff member receives training in all of the following areas within the first 6 months of employment and at least once every 3 years thereafter: Cultural Competency, Documentation/HMIS, Motivational Interviewing, Assertive Engagement, Trauma-Informed Care, Harm Reduction, First Aid/CPR, Substance Use Disorders, Overdose Response, Mental Health First Aid, Mental Health Recovery, Self-Care and Vicarious Trauma, Professional Boundaries, Coordinated Entry, Safety, Ethics, Effective Goal Setting, Mandated Reporting, and the Policy Guidelines for Regional Response for Addressing Unsheltered Homelessness and Encampments. 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.
E. Develop individualized service plans for Participants and link Participants to housing, medical care, mental health, substance use treatment, food, clothing, transportation, employment, identification, Social Security card, Social Security benefits/Social
Security Disability, CalWORKS, General Relief, CalFresh, MediCal/Medicare, Lifeline phones, mailing addresses, and other resources based on Participants’ individualized needs.
F. Assist Participants to identify and access shelter and housing options such as: emergency shelters, reunification with family or friends, independent living associations, private rentals, rapid rehousing, and permanent supportive housing resources. G. Screen Participants using the Coordinated Entry Common Assessment Tool as appropriate. Provide ongoing follow-up and Homeless Management Information System (HMIS) updates to maintain Participants on the Coordinated Entry Community Queue.
H. Spend 50-75% of weekly working hours re-engaging and providing case management to Participants previously encountered.
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I. Maintain a minimum caseload of 10 Participants and a maximum caseload of 25
Participants at any given time. Ensure at least 60% of Participants on the caseload are actively working on activities or goals that directly assist the Participant in progressing toward housing.
J. Maintain responsive and timely communication, both written and verbal, with City staff. Attend monthly meetings with City staff to review and discuss programmatic needs. K. Work collaboratively with City staff to maximize partnerships with community service providers and community organizations to cultivate resources and stay connected to the changing needs of the community. L. Adhere to the Regional Task Force on Homelessness (RTFH) Community Outreach Standards which can be found at Standards, Learning, and Training - Regional Task Force on Homelessness (rtfhsd.org). M. 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 Homelessness Action Plan | Carlsbad, CA (carlsbadca.gov).
N. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the
following actions: i. 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). ii. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees about all of the following: a. The dangers of drug abuse in the workplace; b. Contractor’s policy of maintaining a drug-free workplace;
c. Any available counseling, rehabilitation, and employee assistance program; and d. Penalties that may be imposed upon employees for drug
abuse violations. iii. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee that works under this Agreement:
i. Will receive a copy of Contractor’s drug-free policy statement, and ii. Will agree to abide by the terms of the drug-free policy as a condition of employment. O. Attend at least 75% of City organized case conferencing/partner collaboration meetings and abide by privacy and participation policies as determined by City. P. Attend 100% of City organized Encampment Resolution Program coordinating meetings.
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Q. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By Name List.
R. Maintain a written grievance procedure, including a formal process for Participants to provide feedback and to resolve conflicts experienced within the program.
S. Comply with all routine monitoring and program audits as requested by City. T. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant and program milestones and provide required reports to City on the 15th day of each month, starting on September 15, 2023. Provide quarterly reports by October 15th, January 15th, April 15th and August 15th 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. Contractor must utilize the HMIS to track Participants and follow the HMIS Workflow for Street Outreach Teams including documenting Case Notes, Exit Locations, and GPS mapping Participant locations. Contractor will provide documentation of the following data points: i. Number of unduplicated Participants assisted
ii. Number of contacts (touchpoints) iii. Number of Participants placed in emergency shelter or other temporary locations with HMIS ID
iv. Number of Participants placed in permanent housing with HMIS ID v. Number and types of interventions and services performed vi. Demographic data on Participants
U. Provide City with an accounting of monthly expenditures by the 15th of each month, starting on September 15, 2023. This shall include accompanying documentation for funds expended, which shall include but not be limited to documentation of timecards, mileage, office supplies, bus fare expenses, and flex funds receipts. V. Operate within the budget set forth in Exhibit “D.” 1. If there is a possibility that any portion of the total fee payable for the Services under the Agreement may not be expended by the date of contract termination, or if there is a possibility that 50% of the total fee payable for the Services under the
Agreement may not be expended by June 30, 2024, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget
(amended Exhibit “D”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee.
2. 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 (amended Exhibit “D”), which will require a contract amendment subject to approval by the city council or city manager or designee, depending on the value and nature of the budget modification.
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EXHIBIT “B”
(To be attached once fully executed—see Exhibit 1, Attachment B.)
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EXHIBIT “D”
ITEM BUDGET DESCRIPTION
Outreach Social Worker 240,000.00
Create individual support plans and provide intensive case
management to participants to help them access housing.
Peer Support Specialist 165,000.00
Provide peer support to participants to help them navigate the
complex systems and meet basic needs. Gather ongoing feedback
from encampment residents on needs.
Fringe Benefits- 30%121,500.00 Healthcare and other benefits for personnel.
Subtotal 526,500.00$
Flexible needs 108,000.00
Funding for bus passes, gas cards, mail boxes, document
procurement, food, car repair, pet daycare and other basic necessities
for individuals experiencing unsheltered homelessness.
Item storage 25,000.00
Storage rental for participants so they can safely store their
belongings until they can enter permanent housing.
Reunification assistance 10,000.00
Travel funds and stabilization needs for people able to reunify with
friends or family for permanent housing.
Operating Costs 43,200.00
Operating costs such as cell phones, mileage, ink, printer, paper, pens,
meeting space, etc.
Administrative costs at 5% 35,635.00 Administrative costs at 5%.
Subtotal 221,835.00$
Total 748,335.00$
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AGREEMENT FOR HOMELESS HOUSING SERVICES BETWEEN CITY OF CARLSBAD AND COMMUNITY RESOURCE CENTER
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Community Resource Center, a non-profit organization, ("Contractor").
RECITALS
A.City requires the professional services of an organization that is experienced inproviding housing services to homeless residents within the City of Carlsbad. B.Contractor has the necessary experience in providing professional services andadvice related to all of the areas set forth in recital A. C.Contractor was included in the City’s grant proposal to the California InteragencyCouncil on 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement’s terms and conditions.
2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise.
3.TERMThe term of this Agreement will be effective for a period of ___________ months from the datefirst above written to 06/30/2026. The City Manager may amend the Agreement to extend it for
up to one (1) additional one (1)-year period or parts thereof. An extension will be based upon asatisfactory review of Contractor's performance, City needs, and appropriation of funds by theCity Council. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement.
4.TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5.COMPENSATIONThe total fee payable for the Services to be performed during the Agreement term will be fourhundred four thousand nine hundred thirty-two dollars and fifty cents ($404,932.50). No othercompensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement as approved by the City Manager or designee. The City reservesthe right to withhold a ten percent (10%) retention until City has accepted the work and/or Servicesspecified in Exhibit "A". Incremental payments, if applicable, should be made as outlined inattached Exhibit "A".
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Upon contract execution, Contractor shall submit an invoice to City for 60% of the total Agreement amount. Once these funds are 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 California Interagency Council on Homelessness. 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. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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. 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’
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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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
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10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this 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 inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.
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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. For City For Contractor
Name Chris Shilling Name John Van Cleef
Title Homeless Services Manager Title Chief Executive Officer
Department Housing & Homeless Services Address 650 2nd Street
City of Carlsbad Encinitas, CA 92024
Address 1200 Carlsbad Village Drive Phone No. 760-230-6309
Carlsbad, CA 92008 Email johnvancleef@crcncc.org
Phone No. 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 in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
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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.
20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering fourteen (14) 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. Upon termination of this Agreement, unless otherwise approved in writing by City, any unexpended funds received by Contractor shall be returned to City within 30 days of the date of termination. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of 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.
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23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. SPECIAL CONDITIONS Contractor must comply with all requirements of City’s Standard Agreement with the California Interagency Council on Homelessness attached as Exhibit “B”. 26. 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. 27. 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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CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) Scott Chadwick, City Manager
John Van Cleef, Chief Executive Officer
(print name/title)
ATTEST:
By:
(sign here) SHERRY FREISINGER
Corrie McCoy, Chief Operating Officer 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: _____________________________ Marissa Kawecki, Deputy City Attorney
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EXHIBIT “A” SCOPE OF SERVICES A. Provide a part-time (.5 FTE) Housing Case Manager. It is strongly desired to have a
staff member who is bilingual in both English and Spanish. The Housing Case Manager will provide supportive services and case management to City’s homeless residents (“Participants”) who are living, or were formerly living, within the City’s Encampment Resolution Program area which is attached as Exhibit “C”. B. Ensure the Housing Case Manager receives training in all of the following areas 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. Screen Participants using the Coordinated Entry Common Assessment Tool as
appropriate. Provide ongoing follow-up and Homeless Management Information System (HMIS) updates to maintain Participants on the Coordinated Entry Community Queue. D. Assist at least 24 households experiencing homelessness with housing assistance during the Agreement term. E. Assist at least 6 households with RV space rental assistance during the Agreement term. F. Maintain responsive and timely communication, both written and verbal, with City staff.
Attend monthly meetings with City staff to review and discuss programmatic needs. G. Adhere to the Regional Task Force on Homelessness (RTFH) Community Standards
which can be found at Standards, Learning, and Training - Regional Task Force on Homelessness (rtfhsd.org).
H. 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 Homelessness Action Plan | Carlsbad, CA (carlsbadca.gov). I. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
i. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is
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prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355, subdivision (a)(1).
ii. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees about all of the following: a. The dangers of drug abuse in the workplace;
b. Contractor’s policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance program; and d. Penalties that may be imposed upon employees for drug abuse violations. iii. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee that works under this Agreement: i. Will receive a copy of Contractor’s drug-free policy statement, and ii. Will agree to abide by the terms of the drug-free policy as a condition of employment.
J. Attend at least 75% of City organized case conferencing/partner collaboration meetings and abide by privacy and participation policies as determined by City.
K. Attend 100% of City organized Encampment Resolution Program coordinating meetings.
L. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By Name List. M. Maintain a written grievance procedure, including a formal process for Participants to provide feedback and to resolve conflicts experienced within the program. N. Comply with all routine monitoring and program audits as requested by City. O. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant, household and program milestones and provide required
reports to City on the 15th day of each month, starting on September 15, 2023. Provide quarterly reports by October 15th, January 15th, April 15th and August 15th 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. Contractor must utilize the HMIS to track Participants and follow the HMIS Workflow for Street Outreach Teams including documenting Case Notes, Exit Locations, and GPS mapping
Participant locations. Contractor will provide documentation of the following data points: i. Number of referrals received and the source of the referring party;
ii. Number of Participants and households who have been screened and consented to services; iii. Number of Participants and households who have been screened and denied or declined program entry; iv. Number and percentage of total Participants and households placed into permanent housing; v. Average length of time from program enrollment to permanent housing; vi. Average cost of housing support per household; vii. Number and percentage of households that increased income; and
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viii. Number and percentage of households that return to homelessness within a year of exit to permanent housing.
P. Provide City with an accounting of monthly expenditures by the 15th of each month, starting on September 15, 2023. This shall include accompanying documentation for
funds expended, which shall include but not be limited to documentation of timecards, mileage, office supplies, bus fare expenses, and flex funds receipts. Q. Operate within the budget set forth in Exhibit “D.” 1. If there is a possibility that any portion of the total fee payable for the Services under the Agreement may not be expended by the date of contract termination, or if there is a possibility that 50% of the total fee payable for the Services under the Agreement may not be expended by June 30, 2024, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget (amended Exhibit “D”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee.
2. 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 (amended Exhibit “D”), which will require a contract amendment subject to approval by the city council or city manager or designee, depending on the value and nature of the budget modification.
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EXHIBIT “B”
(To be attached once fully executed—see Exhibit 1, Attachment B.)
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EXHIBIT “D”
ITEM BUDGET DESCRIPTION
Housing Case Manager 82,500.00
Provides supportive services and case management to households to
ensure long term housing retention.
Fringe Benefits- 30%24,750.00 Healthcare and other benefits
Subtotal 107,250.00$
Housing Assistance 120,000.00
Funding to move individuals from the encampment and shelter to
permanent housing including rental assistance, landlord engagement
and funding to reduce barriers to housing (application fees, rental
debt payment, court fees, document procurement, etc.).
RV Rental Assistance 115,200.00
Rental assistance payments for households with RV homes that
would like to continue living in them but need support paying space
rent.
Operating Costs 43,200.00
Operating costs such as cell phones, mileage, ink, printer, paper, pens,
meeting space, etc.
Administrative costs at 5% 19,282.50 Administrative costs at 5%
Subtotal 297,682.50$
Total 404,932.50$
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AGREEMENT FOR HOMELESS MEDICAL SERVICES BETWEEN CITY OF CARLSBAD AND SOUTHERN CALIFORNIA CARE COMMUNITY
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Southern California Care Community, a non-profit organization, ("Contractor").
RECITALS
A.City requires the professional services of an organization that is experienced inproviding medical services to homeless residents within the City of Carlsbad. B.Contractor has the necessary experience in providing professional services andadvice related to all of the areas set forth in recital A. C.Contractor was included in the City’s grant proposal to the California InteragencyCouncil on 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement’s terms and conditions.
2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise.
3.TERMThe term of this Agreement will be effective for a period of ___________ months from the datefirst above written to 06/30/2026. The City Manager may amend the Agreement to extend it for
up to one (1) additional one (1)-year period or parts thereof. An extension will be based upon asatisfactory review of Contractor's performance, City needs, and appropriation of funds by theCity Council. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement.
4.TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5.COMPENSATIONThe total fee payable for the Services to be performed during the Agreement term will be onehundred sixty-eight thousand one hundred one dollars and twenty-five cents ($168,101.25). Noother compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement as approved by the City Manager or designee. The City reservesthe right to withhold a ten percent (10%) retention until City has accepted the work and/or Servicesspecified in Exhibit "A". Incremental payments, if applicable, should be made as outlined inattached Exhibit "A".
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Upon contract execution, Contractor shall submit an invoice to City for 60% of the total Agreement
amount. Once these funds are 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 California Interagency Council on Homelessness. 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. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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.
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’
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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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
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10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this 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 inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.
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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. For City For Contractor
Name Chris Shilling Name Mary L. Baker
Title Homeless Services Manager Title Executive Director
Department Housing & Homeless Services Address 120 N. Ash St.
City of Carlsbad Escondido, CA 92027
Address 1200 Carlsbad Village Drive Phone No. 760-385-3739
Carlsbad, CA 92008 Email mbaker@socalcc.org
Phone No. 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 in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
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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.
20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering fourteen (14) 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. Upon termination of this Agreement, unless otherwise approved in writing by City, any unexpended funds received by Contractor shall be returned to City within 30 days of the date of termination. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of 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.
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23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. SPECIAL CONDITIONS Contractor must comply with all requirements of City’s Standard Agreement with the California Interagency Council on Homelessness attached as Exhibit “B”. 26. 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. 27. 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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CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) Scott Chadwick, City Manager
Mary L. Baker, Executive Director
(print name/title)
ATTEST:
By:
(sign here) SHERRY FREISINGER
Karen Pohl, Secretary 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: _____________________________ Marissa Kawecki, Deputy City Attorney
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EXHIBIT “A” SCOPE OF SERVICES A. Provide medical services to City’s homeless residents (“Participants”) who are living
within the City’s Encampment Resolution Program area (attached as Exhibit “C”) at a minimum of 1 day per week. B. Provide medical services to at least 68 households experiencing homelessness during the Agreement term. C. Maintain responsive and timely communication, both written and verbal, with City staff. Attend monthly meetings with City staff to review and discuss programmatic needs. D. Adhere to the Regional Task Force on Homelessness (RTFH) Community Standards which can be found at Standards, Learning, and Training - Regional Task Force on Homelessness (rtfhsd.org). E. 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 Homelessness Action Plan | Carlsbad, CA
(carlsbadca.gov). F. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code,
Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: i. 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). ii. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees about all of the following: a. The dangers of drug abuse in the workplace; b. Contractor’s policy of maintaining a drug-free
workplace; c. Any available counseling, rehabilitation, and employee assistance program; and
d. Penalties that may be imposed upon employees for drug abuse violations. iii. Provide, as required by Government Code Section 8355, subdivision (a)(3),
that every employee that works under this Agreement: i. Will receive a copy of Contractor’s drug-free policy statement, and ii. Will agree to abide by the terms of the drug-free policy as a condition of employment. G. Attend 100% of City organized Encampment Resolution Program coordinating meetings. H. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By Name List.
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I. Maintain a written grievance procedure, including a formal process for Participants to provide feedback and to resolve conflicts experienced within the program.
J. Comply with all routine monitoring and program audits as requested by City.
K. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant, household, and program milestones and provide required reports to City on the 15th day of each month, starting on September 15, 2023. Provide quarterly reports by October 15th, January 15th, April 15th and August 15th 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. Contractor will provide documentation of the following data points: i. Number of unduplicated Participants and households assisted ii. Number of contacts (touchpoints) iii. Number and types of interventions and services performed iv. Demographic data on Participants L. Provide City with an accounting of monthly expenditures by the 15th of each month, starting on September 15, 2023. This shall include accompanying documentation for
funds expended, which shall include but not be limited to documentation of timecards, mileage, office supplies, bus fare expenses, and flex funds receipts.
M. Operate within the budget set forth in Exhibit “D.” 1. If there is a possibility that any portion of the total fee payable for the Services
under the Agreement may not be expended by the date of contract termination, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget (amended Exhibit “D”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee. 2. 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 (amended Exhibit “D”), which will require a contract amendment subject to
approval by the city council or city manager or designee, depending on the value and nature of the budget modification.
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EXHIBIT “B”
(To be attached once fully executed—see Exhibit 1, Attachment B.)
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2
D
E
5
A
9
8
C
D
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EXHIBIT “D”
ITEM BUDGET DESCRIPTION
Staff 117,000.00 Provide outreach medical services.
Fringe Benefits- 30%35,100.00 Healthcare and other benefits for personnel.
152,100.00$
Operating Costs 7,996.43
Operating costs such as cell phones, mileage, ink, printer, paper, pens,
meeting space, etc.
Administrative costs at 5% 8,004.82 Administrative costs at 5%
16,001.25$
168,101.25$
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AGREEMENT FOR HOMELESS SHELTER SERVICES BETWEEN CITY OF CARLSBAD AND CATHOLIC CHARITIES DIOCESE OF SAN DIEGO
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Catholic Charities Diocese of San Diego, a non-profit organization, ("Contractor").
RECITALS
A.City requires the professional services of an organization that is experienced inproviding housing navigation services to people experiencing homelessness at the La Posada de Guadalupe homeless shelter located in the City of Carlsbad. B.Contractor has the necessary experience in providing professional services andadvice related to all of the areas set forth in recital A. C.Contractor was included in the City’s grant proposal to the California InteragencyCouncil on 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions.
2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise.
3.TERMThe term of this Agreement will be effective for a period of ___________ months from the date
first above written to 06/30/2026. The City Manager may amend the Agreement to extend it forup to one (1) additional one (1)-year period or parts thereof. An extension will be based upon asatisfactory review of Contractor's performance, City needs, and appropriation of funds by the
City Council. The parties will prepare a written amendment indicating the effective date and lengthof the extended Agreement.
4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement.
5.COMPENSATIONThe total fee payable for the Services to be performed during the Agreement term will be fivehundred twenty-two thousand sixty dollars ($522,060). No other compensation for the Services
will be allowed except for items covered by subsequent amendments to this Agreement asapproved by the City Manager or designee. 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".
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Upon contract execution, Contractor shall submit an invoice to City for 60% of the total Agreement
amount. Once these funds are 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 California Interagency Council on Homelessness. 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. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including 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.
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’
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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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (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. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
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10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this 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 inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.
14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.
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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. For City For Contractor
Name Chris Shilling Name Appaswamy “Vino” Pajanor
Title Homeless Services Manager Title Chief Executive Officer
Department Housing & Homeless Services Address 3888 Paducah Drive
City of Carlsbad San Diego, CA 92117
Address 1200 Carlsbad Village Drive Phone No. 619-323-2842
Carlsbad, CA 92008 Email VPajanor@ccdsd.org
Phone No. 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 in all categories. Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
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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.
20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering fourteen (14) 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. Upon termination of this Agreement, unless otherwise approved in writing by City, any unexpended funds received by Contractor shall be returned to City within 30 days of the date of termination. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of 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.
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23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. SPECIAL CONDITIONS Contractor must comply with all requirements of City’s Standard Agreement with the California Interagency Council on Homelessness attached as Exhibit “B”. 26. 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. 27. 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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CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) Scott Chadwick, City Manager
Appaswamy Vino Pajanor, CEO
(print name/title)
ATTEST:
By:
(sign here) SHERRY FREISINGER
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: _____________________________ Marissa Kawecki, Deputy City Attorney
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EXHIBIT “A” SCOPE OF SERVICES A. Provide one (1) full-time Housing Navigator. It is strongly desired to have a staff
member who is bilingual in both English and Spanish. The Housing Navigator will provide housing location assistance and other housing related services to at least 60 people experiencing homelessness at the La Posada de Guadalupe homeless shelter (“Participants”). The Housing Navigator will prioritize Participants who were previously residing within the City’s Encampment Resolution Program area which is attached as Exhibit “C”. B. Ensure Housing Navigator receives training in all of the following areas within the first 6 months of employment and at least once every 3 years thereafter: Cultural Competency, Documentation/HMIS, Motivational Interviewing, Assertive Engagement, Trauma-Informed Care, Harm Reduction, First Aid/CPR, Overdose Response, Mental Health First Aid, Mental Health Recovery, Self-Care and Vicarious Trauma, Professional Boundaries, Coordinated Entry, Safety, Ethics, Effective Goal Setting, and Mandated Reporting. 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. Develop and implement individualized strength-based housing plans in partnership with Participants and link Participants to appropriate housing options. D. Assist Participants to identify and access housing options such as: reunification with family or friends, independent living associations, private rentals, rapid rehousing, and permanent supportive housing resources. E. Screen Participants using the Coordinated Entry Common Assessment Tool as appropriate. Provide ongoing follow-up and Homeless Management Information System (HMIS) updates to maintain Participants on the Coordinated Entry Community Queue.
F. Notify City of current and upcoming bed vacancies and provide priority bed access to City and other Encampment Resolution Program grant partners. Set aside 3 beds for
the Encampment Resolution Program over the 3-year grant period. G. Maintain responsive and timely communication, both written and verbal, with City staff.
Attend monthly meetings with City staff to review and discuss programmatic needs. H. Adhere to the Regional Task Force on Homelessness (RTFH) Community Standards which can be found at Standards, Learning, and Training - Regional Task Force on Homelessness (rtfhsd.org). I. 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 Homelessness Action Plan | Carlsbad, CA (carlsbadca.gov).
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J. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the
following actions: i. 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). ii. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees about all of the following: a. The dangers of drug abuse in the workplace; b. Contractor’s policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance program; and d. Penalties that may be imposed upon employees for drug
abuse violations. iii. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee that works under this Agreement:
i. Will receive a copy of Contractor’s drug-free policy statement, and ii. Will agree to abide by the terms of the drug-free policy as a condition of employment.
K. Attend at least 75% of City organized case conferencing/partner collaboration meetings and abide by privacy and participation policies as determined by City. L. Attend 100% of City organized Encampment Resolution Program coordinating meetings. M. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By Name List. N. Maintain a written grievance procedure, including a formal process for Participants to
provide feedback and to resolve conflicts experienced within the program. O. Comply with all routine monitoring and program audits as requested by City.
P. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant and program milestones and provide required reports to City
on the 15th day of each month, starting on September 15, 2023. Provide quarterly reports by October 15th, January 15th, April 15th and August 15th 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. Contractor must utilize the HMIS to track Participants including documenting Case Notes and Exit Locations. Contractor will provide documentation of the following data points: i. Number of unduplicated Participants assisted ii. Number of Participants placed in a higher level of care with HMIS ID iii. Number of Participants placed in permanent housing with HMIS ID
iv. Participant length of stays v. Participant destination at exit vi. Demographic data on Participants
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Q. Provide City with an accounting of monthly expenditures by the 15th of each month, starting on September 15, 2023. This shall include accompanying documentation for
funds expended, which shall include but not be limited to documentation of timecards, mileage, office supplies, bus fare expenses, and flex funds receipts.
R. Operate within the budget set forth in Exhibit “D.” 1. If there is a possibility that any portion of the total fee payable for the Services under the Agreement may not be expended by the date of contract termination, or if there is a possibility that 50% of the total fee payable for the Services under the Agreement may not be expended by June 30, 2024, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget (amended Exhibit “D”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee.
2. 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 (amended Exhibit “D”), which will require a contract amendment subject to approval by the city council or city manager or designee, depending on the value and nature of the budget modification.
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EXHIBIT “B”
(To be attached once fully executed—see Exhibit 1, Attachment B.)
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EXHIBIT “D”
ITEM BUDGET DESCRIPTION
Housing Navigator 180,000.00 Create strength-based housing plans to increase housing exit rates.
Fringe Benefits- 30%54,000.00 Healthcare and other benefits.
Subtotal 234,000.00$
Meals and supplies 120,000.00 Provide meals and other supplies.
Infrastructure support 100,000.00
Shelter improvements to lower barriers and improve access. Costs
may include privacy barriers between beds, internet connectivity,
computers, clothing, transit passes, etc.
Operating Costs 43,200.00
Operating costs such as cell phones, mileage, ink, printer, paper, pens,
etc.
Administrative costs at 5% 24,860.00 Administrative costs at 5%
Subtotal 288,060.00$
Total 522,060.00$
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Housing & Homeless Services
Homeless Services
1200 Carlsbad Village Drive Carlsbad, CA 92008 442-339-2810 t
Memorandum
June 23, 2023
To: Roxanne Muhlmeister, Purchasing Officer
From: Chris Shilling, Homeless Services Manager
Re: Request for Exemption to Bidding for Professional Services Agreement with
Interfaith Community Services, Community Resource Center, Southern
California Care Community and Catholic Charities Diocese of San Diego
The purpose of this memorandum is to request authorization for an exemption to the bidding
process per Municipal Code - Purchasing Code 3.28.110 (N). This code provides a bidding
exemption for situations where solicitations of bids or proposals for good, services and/or
professional services would be, in the discretion of the awarding authority, impractical,
unavailing, impossible, or not in the best interests of the city.
In October 2022, the City Council approved a new strategic plan and reaffirmed its commitment
to reducing homelessness and its impacts on the community, while recognizing the complexity
of this regional, statewide and national crisis. On Feb. 7, 2023, the City Council adopted a
Homelessness Action Plan ffects on the
local community. The plan outlines programs and initiatives that the city plans to carry out over
the next five years.
The State of California, through the California Interagency Council on Homelessness (Cal ICH),
created an Encampment Resolution Funding Program grant in 2021 to assist local jurisdictions in
ensuring the wellness and safety of people experiencing homelessness in encampments by
providing services and supports that address their immediate physical and mental wellness and
result in meaningful paths to safe and stable housing. The program supports cross-systems
collaboration and service strategies to help people experiencing homelessness transition out of
encampments and into housing. The City of Carlsbad applied for funding from the program in
February 2023 and received notice in June 2023 that the state awarded the city the
$2,358,408.94 in grant funds that it requested.
Performance under the grant must begin no later than 30 days after the grant agreement with
Cal ICH is fully executed, or on the express date set by Cal ICH and the city after all approvals have
been obtained and the grant agreement is fully executed. If the city fails to commence work by
the agreed upon time, Cal ICH reserves the right to terminate the agreement. In order to
commence work at the agreed upon time, the city does not have enough time to advertise
request for proposals and conduct a best value evaluation for these services.
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July 11, 2023 Item #14 Page 93 of 95
{'city of
Carlsbad
to update the city's goal to reduce homelessness and its e
Roxanne Muhlmeister
June 23, 2023
Page 2
Interfaith Community Services, Community Resource Center, Southern California Care
Community and Catholic Charities Diocese of San Diego are the subgrantees that were pre-
identified by the city in the grant application. These local service providers were identified due
to their active and ongoing partnerships with the city and their current work in addressing the
needs of people experiencing homelessness in Carlsbad. It is in the best interest of the city to
enter into professional service agreements with these subgrantees to meet the scope of services
outlined in the grant application and continue to serve the Carlsbad homeless community
without any interruption.
The Housing & Homeless Services Department has previously conducted Request for Proposals
for different types of homeless services activities with very limited results due to the limited
amount of homeless service providers in the region. It is unlikely that new requests for proposals
will result in additional bidders. The city currently has agreements in place with Interfaith
Community Services, Community Resource Center and Catholic Charities Diocese of San Diego
for services that are addressing the needs of people experiencing homelessness. Catholic
Charities Diocese of San Diego also owns and operates the La Posada de Guadalupe homeless
shelter, which is the only homeless shelter in Carlsbad. Southern California Care Community is
the only medical services organization providing free medical care for people experiencing
homelessness in Carlsbad.
New professional services agreements with Interfaith Community Services, Community
Resource Center, Southern California Care Community and Catholic Charities Diocese of San
Diego will allow the city to move forward with the services identified in the grant application
and secure the Encampment Resolution Funding Program grant with the state. The city would
risk losing the grant funds if the project was to go through a formal Request for Proposal
process. Providing an exemption allowing the city to enter into agreements with the identified
local service providers would ensure the city secures the grant funds.
Housing & Homeless Services Department staff will be presenting the Encampment Resolution
Funding Program to the City Council on July 11, 2023, with a recommendation to authorize
execution of an agreement with Cal ICH and related professional service agreements with
Interfaith Community Services, Community Resource Center, Southern California Care
Community and Catholic Charities Diocese of San Diego to provide services that address the
needs of people experiencing homelessness. The agreements with the subgrantees will be
effective until June 30, 2026. The breakdown of the agreements is attached.
Respectfully,
Chris Shilling
Homeless Services Manager
DocuSign Envelope ID: FA3DE589-4899-4F37-BC96-7E474682EB4B
July 11, 2023 Item #14 Page 94 of 95
city's
Roxanne Muhlmeister
June 23, 2023
Page 3
Approval for Exemption
___________________________for__________ ________________
Roxanne Muhlmeister, Purchasing Officer Date
Attachment: Budget
Professional Services Agreements
CC: Mandy Mills, Housing & Homeless Services Director
Rosario Aranda, Management Analyst
Shea Sainz, Senior Contract Administrator
Subgrantees Agreements
Catholic Charities Shelter Services $522,060.00
Community Resource Center Housing Assistance Services $404,932.50
Interfaith Community Services Outreach and Case
Management Services
$748,335.00
Southern California Care
Community
Medical Services $168,101.25
DocuSign Envelope ID: FA3DE589-4899-4F37-BC96-7E474682EB4B
7/5/2023
July 11, 2023 Item #14 Page 95 of 95
Encampment Resolution
Funding Grant Award
Mandy Mills, Director
Housing & Homeless Services
Chris Shilling, Homeless Services Manager
Housing & Homeless Services
1
{city of
Carlsbad
Encampment Resolution Funding Grant Award
2
Background
•City awarded $2.3m from Encampment
Resolution Fund
•Helps local jurisdictions ensure the
wellness and safety of people experiencing
homelessness in encampments
•City Council approval for actions to receive
grant and implement awarded activities
California
lnteragency Council
CAL 1cH on Homelessness
{city of
Carlsbad
Background
Carries out initiatives in Homelessness Action Plan
Encampment Resolution Funding Grant Award
3
{city of
Carlsbad
4
Priority Areas
•Focuses on the Downtown Village Area
Encampment Resolution Funding Grant Award
Grant Programs
Encampment Resolution Funding Grant Award
5
Agency Role 3-Year Amount
City of Carlsbad Coordinate all grant activities and manage
the subcontracts
$417,480.19
City of Carlsbad Provide limited-term motel vouchers $97,500.00
Interfaith Community
Services Provide outreach and case management $748,335.00
Community Resource Center Provide rapid re-housing and housing
stability assistance
$404,932.50
Southern California Care
Community
Provide street-based medicine and
healthcare coordination
$168,101.25
Catholic Charities Provide shelter at La Posada de Guadalupe $522,060.00
Total $2,358,408.94
{city of
Carlsbad
Grant Impact
•Increases city’s ability to move people
from encampments to housing
•Helps target problematic areas of the city
•No cost to the General Fund
•Provides $400,000 over three years for
Carlsbad Housing & Homeless Services
staff and administrative costs
Encampment Resolution Funding Grant Award
6
{city of
Carlsbad
Recommended Action
•Authorizing City Manager to execute grant
agreement and related program documents,
and amend FY 2023-24 budget to appropriate
grant funds.
•Authorize professional services agreements to
provide services to assist individuals and
households experiencing homelessness in the
City of Carlsbad, and approve procurement
exemption.
Encampment Resolution Funding Grant Award
7
{city of
Carlsbad
Questions?
Encampment Resolution Funding Grant Award
8
{city of
Carlsbad