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HomeMy WebLinkAbout2023-07-11; City Council; Resolution 2023-196RESOLUTION 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. 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) 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 + 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 CITY Carlsbad TinEU STATE CA Pages 6 4 1 10 2 ZIP 92008 Page 1 of 2 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 Section50250) 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 Continuumsof 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"." andrefers 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 theauthority 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, person­centered local proposals that resolve the experience of unsheltered homelessnessfor 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, usingdata 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 maybolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in Initial Here 4-} Item #14 Pag� 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 inorafterfiscalyear2022-23. (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 theCode 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 ofFederal 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 thepurposes 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." Initial Her&__ Item #14 Page 11 of 95 City of Carlsbad23-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, receivedservices, 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 andaccurate 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. Initial Here� City of Carlsbad23-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 riskbreach 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 tothe 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 unableto 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 theuse of wet signatures for specific documents. The Representatives during the term of this Agreement will be: PROGRAM GRANTEE ENTITY: Business, Consumer Services City of Carlsbadand 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 ShillingCOORDINATOR PHONE (916)510-9446 (442) 339-2284NUMBER: EMAIL Jeannie.McKend[YC@.bcsh.ca.gov chris.shilling@carlsbadca.govADDRESS: 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. Initial Here�Item #14 Page 13 of 95 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 CalICH and the Grantees, after all approvals have been obtained and the GrantAgreement 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 FinalWork 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 Granteesto 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. Initial Here 4.(' / Pag� City of Carlsbad 23-ERF-2-R-10008 Page 6 of 23 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 compliancewith 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. Initial Here� 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 beingreleased: •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 thecompleted 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. Initial Here� ii)Conditions requiring a budget modification request: City of Carlsbad 23-ERF-2-R-10008 Page 8 of 23 Changes may be made to the timing (e.g., fiscal year) of eligible useexpenditures 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 fundsaccording 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 thisagreement 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 foreligible persons, housing search assistance, case management and facilitateaccess 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. ServicesCoordination Services coordination, which may include access to workforce,education, and training programs, or other services needed to improve and Initial He� City of Carlsbad 23-ERF-2-R-10008 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. Initial Here�Item #14 Page 18 of 95 City of Carlsbad 23-ERF-2-R-10008 Page 10 of 23 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. Initial Here� Encampment Resolution Funding Program Standard Agreement EXHIBIT C City of Carlsbad 23-ERF-2-R-10008 Page 11 of 23 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. Initial Here� Item #14 Page 20 of 95 Encampment Resolution Funding Program Standard Agreement EXHIBIT D GENERAL TERMS AND CONDITIONS 1)Termination and Sufficiency of Funds a)Termination of Agreement City of Carlsbad 23-ERF-2-R-10008 Page 12 of 23 Cal ICH may terminate this Agreement at any time for cause by giving aminimum of 14 days' notice of termination, in writing, to the Grantee. Cause shallconsist 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 terminationof 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 madeavailable to Cal ICH by legislative appropriation. In addition, this Agreement issubject 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 Stateof 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 thisAgreement 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 forthe Program. Grantee warrants that all information, facts, assertions and representationscontained in the application and approved modifications and additions thereto aretrue, correct, and complete to the best of Grantee's knowledge. In the event that any Initial Her 4/' ltem#14 Pa� City of Carlsbad 23-ERF-2-R-10008 Page 13 of 23 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 andoutcomes 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 mayrequest interim reports as needed and will provide no less than 30 days'notice to Grantees. ii.Required Data 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, standardizedbudget; 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 Initial Here� City of Carlsbad 23-ERF-2-R-10008Page 14 of 23 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 grantperformance, 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 evaluationregarding their implementation of ERF awards. To support this effort, CalICH 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 timelyand 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 preserveinternal work products that guided implementation by the Grantee or subgrantee. Initial Here� 4 Page 23 of 95 City of Carlsbad 23-ERF-2-R-10008 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 financialaudit 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 thisAgreement. 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. Initial Her4/' Pa� City of Carlsbad 23-ERF-2-R-10008 Page 16 of 23 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 thisAgreement 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 orequity 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 Initial Her� City of Carlsbad 23-ERF-2-R-10008Page 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 inaccordance 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 ofthis 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 enforcethese provisions. 8)Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall notunlawfully 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 ofmedical and family care leave or pregnancy disability leave, or any othercharacteristic 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 andits subrecipients shall comply with the provisions of California's laws againstdiscriminatory practices relating to specific groups: the California Fair Employmentand Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulationspromulgated 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 withwhich 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 Initial Here+/:' Item #14 Pa�� City of Carlsbad 23-ERF-2-R-10008 Page 18 of 23 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 byany 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 Stateagency 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 contractin 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 Stateofficer 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 periodprior 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 ReformAct 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 this 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 publicoffice 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: Initial Here� City of Carlsbad 23-ERF-2-R-10008 Page 19 of 23 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 CodeSection 8355, subdivision (a)(2) to inform employees, Grantees, orsubrecipients 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;andiv.Penalties that may be imposed upon employees, Grantees, andsubrecipients for drug abuse violations.b)Provide, as required by Government Code Section 8355, subdivision (a)(3), thatevery employee and/or subrecipient that works under this Agreement:i.Will receive a copy of Grantee's drug-free policy statement, andii.Will agree to abide by terms of Grantee's condition of employment orsubcontract. 11)Child Support Compliance ActFor any Contract Agreement in excess of $100,000, the Grantee acknowledges inaccordance with Public Contract Code 7110, that:a)The Grantee recognizes the importance of child and family support obligationsand shall fully comply with all applicable state and federal laws relating to childand family support enforcement, including, but not limited to, disclosure ofinformation and compliance with earnings assignment orders, as provided inChapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the FamilyCode;andb)The Grantee, to the best of its knowledge is fully complying with the earningsassignment orders of all employees and is providing the names of all newemployees to the New Hire Registry maintained by the California EmploymentDevelopment Department. Initial HereM/ Item #14 Pag� 12)Special Conditions -Grantees/Subgrantee City of Carlsbad 23-ERF-2-R-10008 Page 20 of 23 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 thatall Subgrantees are made aware of and agree to comply with all the conditions ofthis 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 forthose 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, includingthose necessary to perform design, construction, or operation and maintenance ofthe activities. Grantee shall be responsible for observing and complying with anyapplicable 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 shallprovide copies of permits and approvals to Cal ICH upon request. Initial Her� 14)Inspections City of Carlsbad 23-ERF-2-R-10008 Page 21 of 23 a)Grantee shall inspect any work performed hereunder to ensure that the work isbeing 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 ensurethat the work is being and has been performed in accordance with theapplicable federal, state and/or local requirements, and this Agreement. c)Grantee agrees to require that all work that is determined based on suchinspections not to conform to the applicable requirements be corrected and towithhold 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 CalICH, shall not affect any other provisions of this Agreement and the remainder ofthis 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 undertakenby or against it, which affects or may affect this Agreement or Cal ICH, and shalltake such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH. Initial HereIt{' Item #14 Pag� 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 thedeposit 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) totrack 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 byfunding (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) ofSection 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 insupport 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 acontracted technical assistance provider acting on behalf of Cal ICH. Grantee willreport to Cal ICH on programmatic changes the Grantee will make as a result of thetechnical assistance and in support of their grant goals. 5)Grantee should establish a mechanism for people with lived experience ofhomelessness 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. Initial Her� City of Carlsbad 23-ERF-2-R-10008 Page 23 of 23 6)Cal ICH maintains sole authority to determine if a Grantee is acting in compliancewith 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. Initial Here� 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 UESTFOR FUNDSFORM 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 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 or admi-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 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 administrative 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 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 ,4Government 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 Complete Address Complete Address Complete Address Complete Address Title ii address Date l<�I