HomeMy WebLinkAbout2023-07-11; City Council; Resolution 2023-197RESOLUTION 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
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)
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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 CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment 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 thisAgreement. At the City’s election, City may deduct the indemnification amount from any balanceowing to Contractor.
7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor ofa subcontractor by the terms of this Agreement applicable to Contractor's work unless specificallynoted to the contrary in the subcontract and approved in writing by City.
8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’sfees 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.INSURANCEContractor 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 mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a ratingin the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe 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 LICENSEContractor 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 thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring 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 allwork, 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 DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to thisAgreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records.
14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City.
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15.NOTICESThe 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 INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories.
Yes No
17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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 prohibitingdiscrimination and harassment.
19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure willbe used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod 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.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby this Agreement, City may terminate this Agreement upon written notice to Contractor. Uponnotification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of workthat Contractor has performed which is usable and of worth to City in having the Agreementcompleted. 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 FEESContractor warrants that Contractor has not employed or retained any company or person, otherthan a bona fide employee working for Contractor, to solicit or secure this Agreement, and thatContractor has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon, or resulting from, the award or making of this Agreement. For breach or violationof 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 thefee, commission, percentage, brokerage fees, gift, or contingent fee.
22.CLAIMS AND LAWSUITSBy 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 anticipationof litigation or in conjunction with litigation. Contractor acknowledges that if a false claim issubmitted 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 personknowingly submits a false claim to a public entity. These provisions include false claims madewith deliberate ignorance of the false information or in reckless disregard of the truth or falsity ofinformation. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled torecover 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 ofwhich Contractor may be prevented to act as a Contractor on any public work or improvement fora period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction isgrounds 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 rightor rights provided for by this Agreement will be tried in a court of competent jurisdiction in theCounty 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 ASSIGNSIt is mutually understood and agreed that this Agreement will be binding upon City and Contractorand their respective successors. Neither this Agreement nor any part of it nor any monies due orto become due under it may be assigned by Contractor without the prior consent of City, whichshall not be unreasonably withheld.
25.SPECIAL CONDITIONSContractor must comply with all requirements of City’s Standard Agreement with the CaliforniaInteragency Council on Homelessness attached as Exhibit “B”.
26.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding 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 provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties.
27.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf ofContractor each represent and warrant that they have the legal power, right and actual authorityto 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) staffmember who is bilingual in both English and Spanish. The clinician/outreach workerand 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 isattached as Exhibit “C”.
B.Ensure each staff member is available to work a minimum of 40 hours per week withavailability on weekends and occasional nights. Schedules must be approved by City.All holidays observed by City may be excluded, if desired by Contractor and agreedupon by City. Permanent schedule change requests must be submitted to City with 30days written notice and must be mutually agreed upon by both parties.
C.Work collaboratively with City staff and partners to identify Participants in need ofhomeless 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 first6 months of employment and at least once every 3 years thereafter: CulturalCompetency, Documentation/HMIS, Motivational Interviewing, AssertiveEngagement, Trauma-Informed Care, Harm Reduction, First Aid/CPR, Substance UseDisorders, 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 forRegional Response for Addressing Unsheltered Homelessness and Encampments.City shall determine the appropriate type and number of training sessions required ona 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, Lifelinephones, mailing addresses, and other resources based on Participants’ individualizedneeds.
F.Assist Participants to identify and access shelter and housing options such as:emergency shelters, reunification with family or friends, independent livingassociations, private rentals, rapid rehousing, and permanent supportive housingresources.
G.Screen Participants using the Coordinated Entry Common Assessment Tool asappropriate. Provide ongoing follow-up and Homeless Management InformationSystem (HMIS) updates to maintain Participants on the Coordinated Entry CommunityQueue.
H.Spend 50-75% of weekly working hours re-engaging and providing case managementto 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 caseloadare actively working on activities or goals that directly assist the Participant inprogressing 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 serviceproviders and community organizations to cultivate resources and stay connected tothe changing needs of the community.
L.Adhere to the Regional Task Force on Homelessness (RTFH) Community OutreachStandards which can be found at Standards, Learning, and Training - Regional TaskForce on Homelessness (rtfhsd.org).
M.Abide by the strategies set forth in City's Homelessness Action Plan and anyamendments thereto, which takes a community focused and collaborative approach
to addressing the needs of those experiencing or at-risk of homelessness within theCity 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 isprohibited 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 CodeSection 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-freeworkplace;
c.Any available counseling, rehabilitation, and employeeassistance program; andd.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, andii.Will agree to abide by the terms of the drug-free policy as a conditionof employment.O.Attend at least 75% of City organized case conferencing/partner collaborationmeetings and abide by privacy and participation policies as determined by City.
P.Attend 100% of City organized Encampment Resolution Program coordinatingmeetings.
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Q.Share Participant Homeless Management Information System (“HMIS”) data (withoutpersonally identifiable information) as part of the City of Carlsbad By Name List.
R.Maintain a written grievance procedure, including a formal process for Participants toprovide 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 oneach program Participant and program milestones and provide required reports to Cityon the 15th day of each month, starting on September 15, 2023. Provide quarterlyreports by October 15th, January 15th, April 15th and August 15th including quarterly andcumulative annual data per fiscal year. All reports must be in a format to thesatisfaction of City’s Housing & Homeless Services Department. Contractor mustutilize the HMIS to track Participants and follow the HMIS Workflow for Street OutreachTeams including documenting Case Notes, Exit Locations, and GPS mappingParticipant locations. Contractor will provide documentation of the following datapoints:i.Number of unduplicated Participants assisted
ii.Number of contacts (touchpoints)iii.Number of Participants placed in emergency shelter or other temporarylocations with HMIS ID
iv.Number of Participants placed in permanent housing with HMIS IDv.Number and types of interventions and services performedvi.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 forfunds 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 Servicesunder the Agreement may not be expended by the date of contract termination, or ifthere 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 tomutually decide how such excess funds will be reallocated and fully expended in thebudget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget
(amended Exhibit “D”) to reallocate the excess funds, which will require a contractamendment subject to approval by the city manager or designee.
2.City and Contractor further agree to discuss and mutually determine anynecessary changes to the budget during the lifetime of the Agreement. In the eventof a mutually agreeable budget modification, Contractor agrees to draft an amendedbudget (amended Exhibit “D”), which will require a contract amendment subject toapproval by the city council or city manager or designee, depending on the value andnature 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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City Attorney Approved Version 12/28/202214
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$
DocuSign Envelope ID: C4C94960-02A0-4A5C-9717-186A2D345CCB
City Attorney Approved Version 12/28/20221
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".
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
Attachment B
City Attorney Approved Version 12/28/20222
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 CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment 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 thisAgreement. At the City’s election, City may deduct the indemnification amount from any balanceowing to Contractor.
7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor ofa subcontractor by the terms of this Agreement applicable to Contractor's work unless specificallynoted to the contrary in the subcontract and approved in writing by City.
8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’sfees 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’
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
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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.INSURANCEContractor 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 mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a ratingin the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe 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.
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/20224
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 LICENSEContractor 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 thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring 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 allwork, 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 DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to thisAgreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records.
14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City.
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/20225
15.NOTICESThe 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 INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories.
Yes No
17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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 prohibitingdiscrimination and harassment.
19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure willbe used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
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City Attorney Approved Version 12/28/20226
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.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby this Agreement, City may terminate this Agreement upon written notice to Contractor. Uponnotification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of workthat Contractor has performed which is usable and of worth to City in having the Agreementcompleted. 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 FEESContractor warrants that Contractor has not employed or retained any company or person, otherthan a bona fide employee working for Contractor, to solicit or secure this Agreement, and thatContractor has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon, or resulting from, the award or making of this Agreement. For breach or violationof 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 thefee, commission, percentage, brokerage fees, gift, or contingent fee.
22.CLAIMS AND LAWSUITSBy 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 anticipationof litigation or in conjunction with litigation. Contractor acknowledges that if a false claim issubmitted 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 personknowingly submits a false claim to a public entity. These provisions include false claims madewith deliberate ignorance of the false information or in reckless disregard of the truth or falsity ofinformation. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled torecover 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 ofwhich Contractor may be prevented to act as a Contractor on any public work or improvement fora period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction isgrounds for City to terminate this Agreement.
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/20227
23.JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a rightor rights provided for by this Agreement will be tried in a court of competent jurisdiction in theCounty 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 ASSIGNSIt is mutually understood and agreed that this Agreement will be binding upon City and Contractorand their respective successors. Neither this Agreement nor any part of it nor any monies due orto become due under it may be assigned by Contractor without the prior consent of City, whichshall not be unreasonably withheld.
25.SPECIAL CONDITIONSContractor must comply with all requirements of City’s Standard Agreement with the CaliforniaInteragency Council on Homelessness attached as Exhibit “B”.
26.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding 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 provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties.
27.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf ofContractor each represent and warrant that they have the legal power, right and actual authorityto bind Contractor to the terms and conditions of this Agreement.
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/20228
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
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/20229
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 CaseManager will provide supportive services and case management to City’s homelessresidents (“Participants”) who are living, or were formerly living, within the City’sEncampment Resolution Program area which is attached as Exhibit “C”.
B.Ensure the Housing Case Manager receives training in all of the following areas withinthe first 6 months of employment and at least once every 3 years thereafter: CulturalCompetency, Documentation/HMIS, Motivational Interviewing, ProfessionalBoundaries, Coordinated Entry, Effective Goal Setting, Mandated Reporting. HousingFirst and Progressive Engagement/Critical Time Intervention Approaches, Trauma-Informed Care, Harm Reduction, Tenant Rights, ConflictResolution/Mediation/Negotiation, Federal, State, and Local Fair Housing Laws, HUDHousing Quality Standards (HQS), and Lead-Based Paint Visual Inspections. Cityshall 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 InformationSystem (HMIS) updates to maintain Participants on the Coordinated Entry CommunityQueue.
D.Assist at least 24 households experiencing homelessness with housing assistanceduring the Agreement term.
E.Assist at least 6 households with RV space rental assistance during the Agreementterm.
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 onHomelessness (rtfhsd.org).
H.Abide by the strategies set forth in City's Homelessness Action Plan and anyamendments thereto, which takes a community focused and collaborative approachto 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 thefollowing actions:
i.Publish a statement notifying employees that unlawful manufacture,distribution, dispensation, possession, or use of a controlled substance is
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/202210
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 CodeSection 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-freeworkplace;c.Any available counseling, rehabilitation, and employeeassistance program; andd.Penalties that may be imposed upon employees for drugabuse 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, andii.Will agree to abide by the terms of the drug-free policy as a conditionof employment.
J.Attend at least 75% of City organized case conferencing/partner collaborationmeetings and abide by privacy and participation policies as determined by City.
K.Attend 100% of City organized Encampment Resolution Program coordinatingmeetings.
L.Share Participant Homeless Management Information System (“HMIS”) data (withoutpersonally identifiable information) as part of the City of Carlsbad By Name List.
M.Maintain a written grievance procedure, including a formal process for Participants toprovide 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 oneach program Participant, household and program milestones and provide required
reports to City on the 15th day of each month, starting on September 15, 2023. Providequarterly reports by October 15th, January 15th, April 15th and August 15th includingquarterly 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 mustutilize the HMIS to track Participants and follow the HMIS Workflow for Street OutreachTeams including documenting Case Notes, Exit Locations, and GPS mapping
Participant locations. Contractor will provide documentation of the following datapoints:i.Number of referrals received and the source of the referring party;
ii.Number of Participants and households who have been screened andconsented to services;iii.Number of Participants and households who have been screened anddenied or declined program entry;iv.Number and percentage of total Participants and households placedinto 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 homelessnesswithin 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 Servicesunder the Agreement may not be expended by the date of contract termination, or ifthere is a possibility that 50% of the total fee payable for the Services under theAgreement may not be expended by June 30, 2024, City and Contractor agree tomutually decide how such excess funds will be reallocated and fully expended in thebudget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget(amended Exhibit “D”) to reallocate the excess funds, which will require a contractamendment subject to approval by the city manager or designee.
2.City and Contractor further agree to discuss and mutually determine anynecessary changes to the budget during the lifetime of the Agreement. In the eventof a mutually agreeable budget modification, Contractor agrees to draft an amended
budget (amended Exhibit “D”), which will require a contract amendment subject toapproval by the city council or city manager or designee, depending on the value andnature of the budget modification.
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
City Attorney Approved Version 12/28/202212
EXHIBIT “B”
(To be attached once fully executed—see Exhibit 1, Attachment B.)
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
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City Attorney Approved Version 12/28/202214
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$
DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997
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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 CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor 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 balanceowing to Contractor.
7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment 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 specificallynoted to the contrary in the subcontract and approved in writing by City.
8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’sfees 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 orindirectly 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.INSURANCEContractor 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 mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a ratingin the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe 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 LICENSEContractor 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 RECORDSContractor will maintain complete and accurate records with respect to costs incurred under thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring 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 allwork, 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 DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to thisAgreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records.
14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City.
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15.NOTICESThe 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 INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories.
Yes No
17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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 prohibitingdiscrimination and harassment.
19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure willbe used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod 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.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby this Agreement, City may terminate this Agreement upon written notice to Contractor. Uponnotification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of workthat Contractor has performed which is usable and of worth to City in having the Agreementcompleted. 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 FEESContractor warrants that Contractor has not employed or retained any company or person, otherthan a bona fide employee working for Contractor, to solicit or secure this Agreement, and thatContractor has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon, or resulting from, the award or making of this Agreement. For breach or violationof 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 thefee, commission, percentage, brokerage fees, gift, or contingent fee.
22.CLAIMS AND LAWSUITSBy 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 anticipationof litigation or in conjunction with litigation. Contractor acknowledges that if a false claim issubmitted 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 personknowingly submits a false claim to a public entity. These provisions include false claims madewith deliberate ignorance of the false information or in reckless disregard of the truth or falsity ofinformation. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled torecover 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 ofwhich Contractor may be prevented to act as a Contractor on any public work or improvement fora period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction isgrounds 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 rightor rights provided for by this Agreement will be tried in a court of competent jurisdiction in theCounty 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 ASSIGNSIt is mutually understood and agreed that this Agreement will be binding upon City and Contractorand their respective successors. Neither this Agreement nor any part of it nor any monies due orto become due under it may be assigned by Contractor without the prior consent of City, whichshall not be unreasonably withheld.
25.SPECIAL CONDITIONSContractor must comply with all requirements of City’s Standard Agreement with the CaliforniaInteragency Council on Homelessness attached as Exhibit “B”.
26.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding 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 provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties.
27.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf ofContractor each represent and warrant that they have the legal power, right and actual authorityto 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 aminimum of 1 day per week.
B.Provide medical services to at least 68 households experiencing homelessnessduring 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 Standardswhich can be found at Standards, Learning, and Training - Regional Task Force onHomelessness (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 approachto addressing the needs of those experiencing or at-risk of homelessness within theCity 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 thefollowing actions:
i.Publish a statement notifying employees that unlawful manufacture,distribution, dispensation, possession, or use of a controlled substance isprohibited 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 CodeSection 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 employeeassistance program; and
d.Penalties that may be imposed upon employees for drugabuse 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, andii. Will agree to abide by the terms of the drug-free policy as a conditionof employment.G.Attend 100% of City organized Encampment Resolution Program coordinatingmeetings.
H.Share Participant Homeless Management Information System (“HMIS”) data (withoutpersonally 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 toprovide 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 oneach program Participant, household, and program milestones and provide requiredreports to City on the 15th day of each month, starting on September 15, 2023. Providequarterly reports by October 15th, January 15th, April 15th and August 15th includingquarterly and cumulative annual data per fiscal year. All reports must be in a format tothe satisfaction of City’s Housing & Homeless Services Department. Contractor willprovide documentation of the following data points:i.Number of unduplicated Participants and households assistedii.Number of contacts (touchpoints)iii.Number and types of interventions and services performediv.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, Cityand Contractor agree to mutually decide how such excess funds will be reallocatedand fully expended in the budget (Exhibit “D”). In such case, Contractor agrees todraft an amended budget (amended Exhibit “D”) to reallocate the excess funds,which will require a contract amendment subject to approval by the city manager ordesignee.
2.City and Contractor further agree to discuss and mutually determine anynecessary changes to the budget during the lifetime of the Agreement. In the eventof a mutually agreeable budget modification, Contractor agrees to draft an amendedbudget (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 andnature 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
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 CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City asnecessary. The persons used by Contractor to provide services under this Agreement will not beconsidered 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, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor 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 balanceowing to Contractor.
7.SUBCONTRACTINGContractor 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 theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directlyemployed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment 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 specificallynoted to the contrary in the subcontract and approved in writing by City.
8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services.
9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’sfees 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 orindirectly 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.INSURANCEContractor 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 mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a ratingin the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe 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 LICENSEContractor 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 thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring 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 allwork, 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 DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to thisAgreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records.
14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City.
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15.NOTICESThe 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 INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories.
Yes No
17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof 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 serviceswith 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 prohibitingdiscrimination and harassment.
19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure willbe used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod 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.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby this Agreement, City may terminate this Agreement upon written notice to Contractor. Uponnotification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of workthat Contractor has performed which is usable and of worth to City in having the Agreementcompleted. 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 FEESContractor warrants that Contractor has not employed or retained any company or person, otherthan a bona fide employee working for Contractor, to solicit or secure this Agreement, and thatContractor has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon, or resulting from, the award or making of this Agreement. For breach or violationof 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 thefee, commission, percentage, brokerage fees, gift, or contingent fee.
22.CLAIMS AND LAWSUITSBy 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 anticipationof litigation or in conjunction with litigation. Contractor acknowledges that if a false claim issubmitted 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 personknowingly submits a false claim to a public entity. These provisions include false claims madewith deliberate ignorance of the false information or in reckless disregard of the truth or falsity ofinformation. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled torecover 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 ofwhich Contractor may be prevented to act as a Contractor on any public work or improvement fora period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction isgrounds 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 rightor rights provided for by this Agreement will be tried in a court of competent jurisdiction in theCounty 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 ASSIGNSIt is mutually understood and agreed that this Agreement will be binding upon City and Contractorand their respective successors. Neither this Agreement nor any part of it nor any monies due orto become due under it may be assigned by Contractor without the prior consent of City, whichshall not be unreasonably withheld.
25.SPECIAL CONDITIONSContractor must comply with all requirements of City’s Standard Agreement with the CaliforniaInteragency Council on Homelessness attached as Exhibit “B”.
26.ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding 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 provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties.
27.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf ofContractor each represent and warrant that they have the legal power, right and actual authorityto 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 willprovide housing location assistance and other housing related services to at least 60people experiencing homelessness at the La Posada de Guadalupe homeless shelter(“Participants”). The Housing Navigator will prioritize Participants who were previouslyresiding within the City’s Encampment Resolution Program area which is attached asExhibit “C”.
B.Ensure Housing Navigator receives training in all of the following areas within the first6 months of employment and at least once every 3 years thereafter: CulturalCompetency, Documentation/HMIS, Motivational Interviewing, AssertiveEngagement, Trauma-Informed Care, Harm Reduction, First Aid/CPR, OverdoseResponse, Mental Health First Aid, Mental Health Recovery, Self-Care and VicariousTrauma, Professional Boundaries, Coordinated Entry, Safety, Ethics, Effective GoalSetting, and Mandated Reporting. City shall determine the appropriate type and
number of training sessions required on a case-by-case basis, based on the lengthand depth of the training course.
C.Develop and implement individualized strength-based housing plans in partnershipwith Participants and link Participants to appropriate housing options.
D.Assist Participants to identify and access housing options such as: reunification withfamily or friends, independent living associations, private rentals, rapid rehousing, andpermanent supportive housing resources.
E.Screen Participants using the Coordinated Entry Common Assessment Tool asappropriate. Provide ongoing follow-up and Homeless Management InformationSystem (HMIS) updates to maintain Participants on the Coordinated Entry CommunityQueue.
F.Notify City of current and upcoming bed vacancies and provide priority bed access toCity 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 Standardswhich can be found at Standards, Learning, and Training - Regional Task Force onHomelessness (rtfhsd.org).
I.Abide by the strategies set forth in City's Homelessness Action Plan and anyamendments thereto, which takes a community focused and collaborative approachto 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 isprohibited 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 CodeSection 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-freeworkplace;c.Any available counseling, rehabilitation, and employeeassistance program; andd. 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, andii.Will agree to abide by the terms of the drug-free policy as a conditionof employment.
K.Attend at least 75% of City organized case conferencing/partner collaborationmeetings and abide by privacy and participation policies as determined by City.
L. Attend 100% of City organized Encampment Resolution Program coordinatingmeetings.
M.Share Participant Homeless Management Information System (“HMIS”) data (withoutpersonally 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 oneach program Participant and program milestones and provide required reports to City
on the 15th day of each month, starting on September 15, 2023. Provide quarterlyreports by October 15th, January 15th, April 15th and August 15th including quarterly andcumulative annual data per fiscal year. All reports must be in a format to the
satisfaction of City’s Housing & Homeless Services Department. Contractor mustutilize the HMIS to track Participants including documenting Case Notes and ExitLocations. Contractor will provide documentation of the following data points:i.Number of unduplicated Participants assistedii.Number of Participants placed in a higher level of care with HMIS IDiii.Number of Participants placed in permanent housing with HMIS ID
iv.Participant length of staysv.Participant destination at exitvi.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 Servicesunder the Agreement may not be expended by the date of contract termination, or ifthere is a possibility that 50% of the total fee payable for the Services under theAgreement may not be expended by June 30, 2024, City and Contractor agree tomutually decide how such excess funds will be reallocated and fully expended in thebudget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget(amended Exhibit “D”) to reallocate the excess funds, which will require a contractamendment subject to approval by the city manager or designee.
2.City and Contractor further agree to discuss and mutually determine anynecessary changes to the budget during the lifetime of the Agreement. In the eventof a mutually agreeable budget modification, Contractor agrees to draft an amended
budget (amended Exhibit “D”), which will require a contract amendment subject toapproval by the city council or city manager or designee, depending on the value andnature 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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