Loading...
HomeMy WebLinkAbout2024-06-25; City Council; ; Grant Agreement with the Department of Housing and Urban Development and Agreements with Community Resource Center for Homeless ServicesCA Review __AF__ Meeting Date: June 25, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Chris Shilling, Homeless Services Manager chris.shilling@carlsbadca.gov, 442-339-2284 Subject: Grant Agreement with the Department of Housing and Urban Development and Agreements with Community Resource Center for Homeless Services Districts: All Recommended Actions 1.Adopt a resolution authorizing the City Manager to execute a grant agreement in the amount of $436,090 and related program documents with the Department of Housing and Urban Development’s Continuum of Care Program; and 2.Adopt a resolution approving a professional services agreement in the amount of $375,755 with Community Resource Center to provide supportive housing services; and 3.Adopt a resolution approving a professional services agreement in the amount of $140,000 with Community Resource Center to provide employment and benefits services to assist individuals and households experiencing homelessness in the City of Carlsbad. Executive Summary The Carlsbad City Council adopted a Homelessness Action Plan on Feb. 7, 2023, to update the city’s goal to reduce homelessness and its effects on the local community and outline the programs and initiatives the city plans to carry out over the next five years. The city’s Homelessness Action Plan includes high-level policy direction and strategies, with the annual funding needs being identified each year in a funding plan. On Nov. 14, 2023, the City Council approved the draft Homelessness Action Plan Funding plan recommendations for FY 2024-25. The funding plan included funding for a wide range of services and programs that support the key areas of focus in the action plan. The funding plan for FY 2024-25 provides an increase in funding for services based on new grant funding received from the federal government for supportive services. The funding plan includes a new grant in the amount of $436,090 from the Federal Department of Housing and Urban Development’s Continuum of Care Program to pair supportive services with the city’s Housing Choice Voucher program for people experiencing homelessness. To June 25, 2024 Item #2 Page 1 of 41 accept this funding, the city must execute a grant agreement with HUD. The attached resolution (Exhibit 1) authorizes the City Manager to execute that agreement and corresponding documents with HUD on the city’s behalf, subject to approval as to form by the City Attorney’s Office. The grant funds will provide $375,755 for contracted housing supportive services and $60,315 to pay for housing navigation and administrative costs which will offset city general funds. Community Resource Center was selected through a competitive bidding process to provide the contracted housing supportive services in the amount of $375,755. The city has also contracted with Community Resource Center to provide employment and benefits services since July 2022. The city’s current contract with Community Resource Center is in the second year of its two-year term and set to expire on June 30, 2024. The FY 2024-25 Homelessness Action Plan funding plan recommendations included funding to continue this contract in the amount of $140,000. The funding plan allocations were included in the FY 2024-25 Operating Budget, which was adopted by the City Council on June 18, 2024, so appropriations for both agreements are already included in the budget. Both proposed professional services agreements require the City Council’s approval under the Carlsbad Municipal Code because the contract amount exceeds $100,000 per agreement year. Explanation & Analysis HUD Continuum of Care funding Some individuals and households who are experiencing homelessness exit homelessness by receiving rental assistance to help pay their rent. People exiting homelessness frequently require more support and case management to stabilize as they transition back into housing. Staff have been working to identify new funding sources to provide the necessary supportive services to allow these households to remain stably housed. In Aug. 2023, staff applied for HUD Continuum of Care Program funding to pair supportive services with rental assistance. The city received notice that it had been awarded HUD funding in the amount of $436,090. The grant funds will provide $375,755 for housing stabilization support with a focus on housing, finances and health and wellness. The support services will help address individual needs and barriers to maintaining stable housing and will assist clients in creating and achieving stabilization goals. Typical goals include accessing health care, therapeutic services, increasing income, budgeting or accessing in home support for medical needs. Funds will also be used for mental health and substance abuse treatment services as needed. The grant funds will directly provide the city with $40,560 for part of the Housing Navigator’s time and $19,755 in administrative fees. This will offset city general fund costs of $60,315. The HUD funding award is expected to continue annually. The HUD funding award must be accepted by the city by grant agreement, which may be executed by the City Manager pending approval of the resolution in Exhibit 1. The grant agreement must also be approved as to form, that is, that it meets all legal requirements, by the City Attorney’s Office. June 25, 2024 Item #2 Page 2 of 41 Competitive bidding process • Staff posted a request for proposals on Jan. 29, 2024, to select a qualified organization to provide the supportive housing services. • When the application period closed on March 8, 2022, the city had received two proposals. • A selection panel comprised of city staff evaluated and ranked the proposals based on best value criteria, in keeping with Carlsbad Municipal Code Sections 3.28.060 and 3.28.050(d)(2) related to procurement of professional services and goods. Community Resource Center was selected as the highest-ranked proposal. The agreement is for $375,755 for one year. The professional services agreement, detailing the scope of services to be provided by Community Resource Center, is included as Attachment A to Exhibit 2, which is the resolution approving the agreement. Employment and benefits services program On June 14, 2022, the City Council approved a two-year professional services agreement with Community Resource Center to administer an employment and benefits services program. This program continues the work of supporting individuals and households experiencing homelessness in increasing their income through employment and connection to available benefits. With increased income, households are increasingly able to obtain housing and stabilize. This is in alignment with the city’s Homelessness Action Plan, which identifies an initiative to improve coordination and access to employment and benefits for people experiencing homelessness. The program began providing client services in October 2022 and, through April 2024, has served 70 individuals. Of these clients, 33 have secured employment and 32 have applied for benefits. The program provides one full-time benefits specialist and has access to flexible funds to support individuals in completing training certificates, purchasing supplies needed for work such as non-slip shoes, buying transit passes to travel to interviews and work and meet other needs to help individuals access employment. The program operates alongside the existing city funded rapid re-housing program to support individuals in ending their homelessness by addressing both housing and income. The employment and benefits program has become an in-demand program in the community. The program was at full capacity at the time of the most recent monthly report, for April 2024,. Bidding exemption The selection of Community Resource Center for the award of the original agreement expiring on June 30, 2024, came after a competitive bidding process. The agreement was funded for two years in alignment with the Homelessness Goal work plan which has since been updated in the Homelessness Action Plan. Staff requested an exemption to the competitive bidding process for the award of this new agreement, which is subject to approval of the City Council based on the amount of the agreement. The requested exemption is in accordance with Carlsbad Municipal Code Section 3.28.110(N) as it falls under the definition of, “Situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible or not in the best interests of the city.” June 25, 2024 Item #2 Page 3 of 41 Due to the time and resources necessary to establish social service programs and the limited two-year term of the initial contract, staff believe it is in the best interest of the city to maintain the existing program with the current contractor, Community Resource Center. This will also allow continuity of care for existing clients. The bidding exemption request letter is included as Attachment B to Exhibit 3. The current contract is due to expire on June 30, 2024. The professional services agreement, detailing the scope of services to be provided by Community Resource Center, is included as Attachment A to Exhibit 3, which is the resolution approving the agreement. Fiscal Analysis The professional services agreements with Community Resource Center will be funded by $375,755 from HUD for supportive housing services and $140,000 from the General Fund for employment and benefits services. Funds for the professional services agreements were included in the budget for FY 2024-25 and approved by the City Council on June 18, 2024. Funds for any additional agreement years will be requested through the annual budget process. A total of $60,315 of HUD revenue will be used by the city to offset costs attributable to the Housing Navigator staff position and other administration costs. Next Steps Staff will execute a required grant agreement with HUD and the two professional services agreements with Community Resource Center. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution - Authorizing grant agreement and related program documents 2. City Council resolution - Authorizing professional services agreement for Housing Stabilization Services 3. City Council resolution - Authorizing professional services agreement for Employment and benefits services program June 25, 2024 Item #2 Page 4 of 41 RESOLUTION NO. 2024-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $436,090 AND RELATED PROGRAM DOCUMENTS WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S CONTINUUM OF CARE PROGRAM WHEREAS, on Aug. 24, 2023, the city applied for Department of Housing and Urban Development (HUD) Continuum of Care Program funding to provide housing supportive services to housing choice voucher recipients; and WHEREAS, on Feb. 26, 2024, the city received final notification of an award of $436,090; and WHEREAS, the City Council of the City of Carlsbad, California approved the city's new Homelessness Action Plan on Feb. 7, 2023; and WHEREAS, the City Council of the City of Carlsbad, California approved the city's FY 2024-25 Homelessness Action Plan Funding Plan on Nov. 14, 2023; and WHEREAS, on June 18, 2024, the City Council of the City of Carlsbad approved the Fiscal Year 2024-25 Operating Budget which included acceptance of the HUD Continuum of Care funds; and WHEREAS, Initiative 1.l(c) of the Homelessness Action Plan is to identify one-time and ongoing funding sources; and WHEREAS, HUD Continuum of Care Program funding aligns with Initiative 1.l(c) of the Homelessness Action Plan and would provide new funding for supportive housing services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Manager or designee is hereby authorized to execute a grant agreement in the amount of $436,090 and related program documents between the City of Carlsbad and the Department of Housing and Urban Development for supportive housing services, subject to approval as to form by the City Attorney's Office (Attachment A). Exhibit 1 June 25, 2024 Item #2 Page 5 of 41 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of June, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor �SHERRY FREISINGER, City Clerk V-(SEAL) June 25, 2024 Item #2 Page 6 of 41 www.hud.gov espanol.hud.gov Page 1 U.S. Department of Housing and Urban Development Office of Community Planning and Development 300 N. Los Angeles Street Suite 4054 Los Angeles, CA 90012 Grant Number: CA2286L9D012300 Recipient's Name: City of Carlsbad Tax ID Number: 95-6004793 Unique Entity Identifier [SAM]: LR6NGYMWXXJ5 Federal Award Date: 6/5/2024 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement (“this Agreement”) is made by and between the United States Department of Housing and Urban Development (“HUD”) and City of Carlsbad (the “Recipient”). This Agreement, the Recipient’s use of funds provided under this Agreement (the “Grant” or “Grant Funds”), and the Recipient’s operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2023 (Pub. L. 117-328, approved December 29, 2022) 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the “Act”); 3. the Continuum of Care Program rule at 24 CFR part 578 (the “Rule”), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient’s application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the “Application”). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD’s total funding obligation authorized by this grant agreement is $436,090, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. Attachment A June 25, 2024 Item #2 Page 7 of 41 www.hud.gov espanol.hud.gov Page 2 Grant No.Grant Term Performance Period __________ - __________ Total Amount $436,090CA2286L9D012300 Continuum of Care planning activities Acquisition New construction Rental assistance $0 $0 $0 $0 Supportive services Operating costs Homeless Management Information System VAWA Relocation Costs $384,100 $9,040 $2,400 $1,000 $0 a. b. d. f. j. h. i. m. g. e.Leasing $0 HPC homelessness prevention activities:n. Housing relocation and stabilization services $0 c.Rehabilitation $0 $0Short-term and medium-term rental assistance Admin Costs $39,550l. Rural $0k. 07/01/2024 06/30/2025 June 25, 2024 Item #2 Page 8 of 41 www.hud.gov espanol.hud.gov Page 3 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project’s budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). June 25, 2024 Item #2 Page 9 of 41 www.hud.gov espanol.hud.gov Page 4 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planningawards, after the date of the HUD selection notice and prior to the effective date of this Agreement, ifsuch costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost;and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-award costs in anticipation of an award imposes no obligation on HUD either to make the award, orto increase the amount of the approved budget, if the award is made for less than the amountanticipated and is inadequate to cover the pre-award costs incurred.These provisions apply to all Recipients: If any new projects funded under this Agreement are for project-based rental assistance for aterm of fifteen (15) years, the funding provided under this Agreement is for the performance periodstated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement willbegin immediately at the end of the budget period and performance period of the grant beingrenewed. Eligible costs incurred between the end of Recipient's budget period and performanceperiod under the grant being renewed and the date this Agreement is executed by both parties may bereimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may bedrawn down by Recipient before the end date of the project’s budget period and performance periodunder the grant that has been renewed. For any transition project funded under this Agreement the budget period and performanceperiod of the transition project(s) will begin immediately at the end of the Recipient's final operatingyear under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurredbetween the end of Recipient's final operating year under the grant being transitioned and theexecution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) arepublished on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition FundingAvailability page. Notwithstanding anything to the contrary in the Application or this Agreement,Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuumthat designated the Recipient to apply for the grant was designated an HPC for the applicable fiscalyear. The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it toHUD with this Agreement. The Recipient must provide HUD with a revised schedule when anychange is made to the rate(s) included in the schedule. The schedule and any revisions HUD receivesfrom the Recipient will be incorporated into and made part of this Agreement, provided that each rateincluded satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties;2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budgetperiod and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). June 25, 2024 Item #2 Page 10 of 41 This agreement is hereby executed on behalf of the parties as fo llows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: (Signature) Rufus Washington, Director (Typed Name and Title) June 5, 2024 (Date) RECIPIENT City of Carlsbad By: (Signature uthorized Official) ~ ~~ C. ~,{ MAt-.tJi-.6 (Typed Name and Title of Author· ed Official) l3DLL4 (Date) www.hud.gov espanol.hud.gov June 25, 2024 Item #2 Page 5 Page 11 of 41 www.hud.gov espanol.hud.gov Page 6 Indirect Cost Schedule Agency/Dept./Major Function _____City of Carlsbad____________ _______________________________ _______________________________ _______________________________ Indirect Cost Rate ______10%___________ _____________________ _____________________ _____________________ Direct Cost Base _______MTDC__________ _______________________ _______________________ _______________________ This schedule must include each indirect cost rate that will be used to calculate the Recipient’s indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). June 25, 2024 Item #2 Page 12 of 41 RESOLUTION NO. 2024-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $375,755 WITH COMMUNITY RESOURCE CENTER TO PROVIDE SUPPORTIVE HOUSING SERVICES WHEREAS, the City Council of the City of Carlsbad, California adopted a Homelessness Action Plan on Feb. 7, 2023; and WHEREAS, the action plan identifies Housing and Shelter as one of three areas of focus; and WHEREAS, Initiative 1.1 (c) of the Homelessness Action Plan is to identify one-time and ongoing funding sources; and WHEREAS, Initiative 1.2 (j) of the Homelessness Action Plan is to investigate barriers to people accessing shelter or permanent housing and create programs as appropriate to alleviate found barriers; and WHEREAS, Initiative 3.1 (c) of the Homelessness Action Plan is to secure supportive services for homeless dedicated Housing Choice Vouchers; and WHEREAS, the City Council of the City of Carlsbad, California approved the city's FY 2024-25 Homelessness Action Plan Funding Plan on Nov. 14, 2023; and WHEREAS, the city was notified of its receipt of a Department of Housing and Urban Development (HUD) Continuum of Care Program award for supportive housing services in the amount of $436,090; and WHEREAS, on Jan. 29, 2024, the city posted a request for proposals for professional services to select a qualified organization to provide supportive housing services; and WHEREAS, as of March 8, 2024, staff received two proposals from qualified organizations that met threshold bidding criteria; and WHEREAS, subsequent to a review of the proposals based on best value criteria consistent with Carlsbad Municipal Code Sections 3.28.060 and 3.28.0S0(D)(2), staff identified Community Resource Center as the highest ranked proposal. 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. Exhibit 2 June 25, 2024 Item #2 Page 13 of 41 2.That the City Council hereby approves the Professional Services Agreement in the amount of $375,755 with Community Resource Center (Attachment A). 3.That the City Manager or designee is hereby authorized to execute the Professional Services Agreement between the City of Carlsbad and Community Resource Center for supportive housing services and to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Agreement, and to do so in full compliance with the terms and conditions expressed in the aforementioned Agreement and to the satisfaction of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of June, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA NONE. NONE. NONE. KEITH BLACKBURN, Mayor June 25, 2024 Item #2 Page 14 of 41 DocuSign Envelope ID: 33BD2EAA-B29F-47A7-BBB9-E78BAA94375A AGREEMENT FOR HUD SUPPORTIVE HOUSING SERVICES COMMUNITY RESOURCE CENTER \ �.,. -THIS AGREEMENT is made and entered into as of the __ .__ ___ day of -,d'-'l..-'{ 2024, 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 a consultant that is experienced in providing supportive housing. B. Contractor has the necessary experience in providing professional services and advice related to supportive housing. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services {the "Services") 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 PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year{s) from July 1, 2024, through June 30, 2025. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year{s)or parts thereof. Extensions will be based upon a satisfactory 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 length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed three hundred seventy-five thousand seven hundred fifty-five dollars {$375,755) as defined in attached Exhibit "B". No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred seventy-five thousand seven hundred fifty-five dollars {$375,755) per Agreement year. 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." Page 1 City Attorney Approved Version 5/22/2024 Attachment A June 25, 2024 Item #2 Page 15 of 41 Attachment A Page 2 City Attorney Approved Version 5/22/2024 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a June 25, 2024 Item #2 Page 16 of 41 Attachment A Page 3 City Attorney Approved Version 5/22/2024 final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: June 25, 2024 Item #2 Page 17 of 41 Attachment A Page 4 City Attorney Approved Version 5/22/2024 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. 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. June 25, 2024 Item #2 Page 18 of 41 Attachment A Page 5 City Attorney Approved Version 5/22/2024 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Chris Shilling Name John Van Cleef Title Homeless Services Manager Title Chief Executive Officer Dept Housing & Homeless Services Address 650 2nd St. CITY OF CARLSBAD ENCINITAS, CA 92024 Address 1200 Carlsbad Village Dr. Phone 760-230-6309 Carlsbad, CA 92008 Email johnvancleef@crcncc.org Phone 442-339-2284 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. June 25, 2024 Item #2 Page 19 of 41 Attachment A City Attorney Approved Version 5/22/2024 Page 6 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. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. June 25, 2024 Item #2 Page 20 of 41 Attachment A City Attorney Approved Version 5/22/2024 Page 7 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. June 25, 2024 Item #2 Page 21 of 41 DocuSign Envelope ID: 33BD2EAA-B29F-47A7-BBB9-E78BAA94375A 28.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this_2_0 ____ day of _J_u_n_e __ _.,,.c,.__,,,_ ___ _, 2024. CONTRACTOR Community Resource Center, a non-profit organization By: (sign here) John Van Cleef, Chief Executive Officer (print name/title) By: (sign here) Corrie McCoy, Chief Operating Officer (print name/title) Cl th By: ATTEST: LSBAD, a municipal corporation of California SHERRY FREISINGER, City Clerk d�m:zzL_ Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. � corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 4� fr¢s/: Allegnrost, Senior Assistant City Attorney City Attorney Approved Version 5/22/2024 Page 8 Attachment A June 25, 2024 Item #2 Page 22 of 41 - Attachment A City Attorney Approved Version 5/22/2024 Page 9 EXHIBIT A SCOPE OF SERVICES A. Provide a minimum of two (2) full-time case managers and at least .1 FTE supervisor. All Case Managers must have at least one year of case management experience working with vulnerable populations. It is strongly desired to have at least one (1) Case Manager who is bilingual in both English and Spanish. Each Case Manager will provide housing search assistance, move-in assistance, long-term case management, and housing stability services to City’s residents with homeless-dedicated housing choice vouchers (“Participants”). B. Ensure each Case Manager receives training in all the following areas within the first 6 months of employment and at least once every 3 years thereafter: Cultural Competency, Documentation/HMIS, Motivational Interviewing, Professional Boundaries, Coordinated Entry, Effective Goal Setting, Mandated Reporting, Housing First and Progressive Engagement/Critical Time Intervention Approaches, Trauma-Informed Care, Harm Reduction, Tenant Rights, Conflict Resolution, Mediation, Negotiation, Federal, State, and Local Fair Housing Laws, and HUD Housing Quality Standards (HQS). City shall determine the appropriate type and number of training sessions required on a case-by-case basis, based on the length and depth of the training course. C. Adhere to the Regional Task Force on Homelessness (RTFH) CoC Community Standards which can be found at https://www.rtfhsd.org/about-coc/standards-learning-training/. D. Adhere to the updated version of the federal CoC Program Interim Rule which can be found at https://www.govinfo.gov/content/pkg/CFR-2017-title24-vol3/xml/CFR-2017-title24-vol3- part578.xml. E. Adhere to the most recent Coordinated Entry System (CES) Policies and Procedures which can be found at https://www.rtfhsd.org/about-coc/coordinated-entry-system-ces/. F. Abide by the strategies set forth in City's Homelessness Action Plan and any amendments thereto, which takes a community focused and collaborative approach to addressing the needs of those experiencing or at-risk of homelessness within the City of Carlsbad. This plan can be found at https://www.carlsbadca.gov/departments/housing-homeless-services/homeless- outreach/homeless-response-plan. G. Assist at least 21 households during each agreement year. H. Maintain a 90% retention and positive exit rate. I. Use a Housing First approach incorporating evidence-based practices such as critical time intervention, intensive case management, cognitive behavioral intervention, trauma-informed care, motivational interviewing, positive youth development, and harm reduction. J. Work with the City’s Housing Navigator to accept Coordinated Entry referrals, complete Carlsbad Housing Agency paperwork, support with document acquisition, provide housing search assistance, move-in coordination, and any other services needed to obtain and stabilize in housing. June 25, 2024 Item #2 Page 23 of 41 Attachment A City Attorney Approved Version 5/22/2024 Page 10 K. Ensure that HUD funding is only used for leases of at least one year which are renewable for a minimum term of one month and terminable only for cause. L. Ensure each Participant has an individualized Housing Stability Plan (HSP) designed to help them reduce barriers to obtaining and maintaining housing. HSPs should be developed at intake and reviewed once the client is in housing and at a minimum every 45 days. HSPs should include focused SMART goals in at least three core areas: housing, financial, and health/wellness. The plan should be reviewed at every meeting to ensure the Participant is on track to meet their identified goals. The plan should be adjusted as needed. M. Assist Participants with increasing income through employment and/or benefits and enhancing participants' life skills (i.e. educational and budgeting). Connect Participants to a healthcare home and other healthcare services and track connections and health outcomes. Creatively and collaboratively problem-solve with Participants to address other barriers that may interfere with their housing stability. N. Provide customized behavioral health and substance abuse support using trauma-informed care and harm reduction models to Participants as needed. O. Ensure staff are available 24 hours a day as needed to mitigate barriers toward maintaining stable housing. P. Provide services specifically designed to meet the needs of LGBTQIA+ individuals when appropriate. Q. Work collaboratively with City staff to maximize partnerships with community service providers and community organizations to cultivate resources and stay connected to the changing needs of the community. R. Attend at least 75% of City organized case conferencing/partner collaboration meetings and abide by privacy and participation policies as determined by City. S. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By-Name List. T. Maintain a written grievance procedure, including a formal process for Participants to provide feedback and to resolve conflicts experienced within the program. U. Comply with all routine monitoring and program audits as requested by City. V. Complete accurate and thorough documentation in a timely manner. Use the HMIS to track Participants. Maintain data on each program Participant and program milestones and outcomes and provide reports to City on the 15th day of each month, starting on August 15, 2024, in a format to the satisfaction of City’s Housing & Homeless Services Department. Annually, or when requested, provide City with an Annual Performance Report (APR) from the HMIS in compliance with HUD close-out requirements. Provide documentation of the following data points within monthly reports: 1. Number of referrals received; 2. Number of Participants who have been screened and consented to services; June 25, 2024 Item #2 Page 24 of 41 Attachment A City Attorney Approved Version 5/22/2024 Page 11 3. Number of Participants who have been screened and denied or declined program entry; 4. Number and percentage of total Participants placed into permanent housing; 5. Average length of time from program enrollment to permanent housing; 6. Average cost of housing support per household; 7. Number and percentage of households that increased income; 8. Number of Participants who exit the program and exit destination; and 9. Number and percentage of households that return to homelessness within a year of exit to permanent housing. W. All billing invoices shall be submitted by the 15th of the month to the Housing & Homeless Services Department. The invoices shall include accompanying documentation for funds expended, which shall include but not be limited to documentation of timecards, mileage, and operating costs. X. Operate within the budget set forth in Exhibit “B.” 1. If there is a possibility that any portion of the total fee payable for the Services under the Agreement may not be expended by the date of contract termination, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “B”). In such case, Contractor agrees to draft an amended budget (amended Exhibit “B”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee. 2. City and Contractor further agree to discuss and mutually determine any necessary changes to the budget during the lifetime of the Agreement. In the event of a mutually agreeable budget modification, Contractor agrees to draft an amended budget (amended Exhibit “B”), which will require a contract amendment subject to approval by the city council or city manager or designee, depending on the value and nature of the budget modification. June 25, 2024 Item #2 Page 25 of 41 Attachment A City Attorney Approved Version 5/22/2024 Page 12 EXHIBIT B BUDGET Activity Amount Personnel (Supportive Services) $175,240 Client Food (Supportive Services) $2,600 Application Fees (Supportive Services) $1,000 Mental Health Services (Supportive Services) $60,000 Substance Abuse Treatment (Supportive Services) $60,000 Transportation (Supportive Services) $10,000 Utility Deposits (Supportive Services) $2,400 Operating Costs (Supportive Services) $32,300 Unit Maintenance and Repair (Operating Costs) $5,000 Client Furniture (Operating Costs) $4,040 Licensing Fees (HMIS) $2,400 Emergency Transfer/Confidentiality (VAWA) $1,000 Administrative Fees (Admin) $19,775 Total $375,755 June 25, 2024 Item #2 Page 26 of 41 RESOLUTION NO. 2024-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $140,000 WITH COMMUNITY RESOURCE CENTER TO PROVIDE EMPLOYMENT AND BENEFITS SERVICES TO ASSIST INDIVIDUALS AND HOUSEHOLDS EXPERIENCING HOMELESSNESS IN THE CITY OF CARLSBAD WHEREAS, the City Council of the City of Carlsbad, California adopted a Homelessness Action Plan on Feb. 7, 2023; and WHEREAS, Initiative 1.2 (f) of the Homelessness Action Plan is to improve coordination and access to employment and benefits for people experiencing homelessness; and WHEREAS, the City Council of the City of Carlsbad, California approved the city's FY 2024-25 Homelessness Action Plan Funding Plan on Nov. 14, 2023; and WHEREAS, Community Resource Center has operated the city's employment and benefits program since July 1, 2022, under a professional services agreement; and WHEREAS, from October 2022 through April 2024 the program served 70 individuals helping 33 obtain employment and 32 access benefits; and WHEREAS, the current contract to provide these services in Carlsbad expires on June 30, 2024; and WHEREAS, funds for the employment and benefits program were included in the fiscal year 2024-25 operating budget approved by the City Council on June 18, 2024; and WHEREAS, it is in the best interests of the city to maintain the existing program with Community Resource Center; 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.ll0(N), in order to ensure consistency of care for existing clients and because the contractor is now uniquely qualified to provide these services in the community. 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. Exhibit 3 June 25, 2024 Item #2 Page 27 of 41 2.That the City Manager or designee is hereby authorized to execute the Professional Services Agreement in the amount of $140,000 between the City of Carlsbad and the Community Resource Center for employment and benefits services and to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Agreement, and to do so in full compliance with the terms and conditions expressed in the aforementioned Agreement and to the satisfaction of the City Attorney (Attachment A). 3.That an ex�mption from the Purchasing Ordinance's professional services procurement requirements, per Carlsbad Municipal Code Section 3.28.110(N), is approved (Attachment B). PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of June, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor June 25, 2024 Item #2 Page 28 of 41 DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC58583AFBB6 AGREEMENT FOR EMPLOYMENT AND BENEFITS SERVICES COMMUNITY RESOURCE CENTER Exhibit A THIS AGREEMENT is made and entered into as of the r•"'T day of ______ ~_-_v_L.:_~ _____ __, 2024, by and between the City of Carlsbad, California, a municipal co rporation ("City") and COMMUNITY RESOURCE CENTER, a non-profit organization, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in providing employment and benefits services to people experiencing homeless ness within the City of Carlsbad. B. Contractor has the necessary experience in providing professional services and advice related to all of the areas set forth in recital A. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") 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 PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from July 1, 2024 to June 30, 2025. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory 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 length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement t erm shall not exceed one-hundred forty thousand dollars ($140,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one-hundred forty thousand dollars ($140,000) per Agreement year. 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." Page 1 City Attorney Approved Version 12/22/2023 June 25, 2024 Item #2 Page 29 of 41 Page 2 City Attorney Approved Version 12/22/2023 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ 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. DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 30 of 41 Page 3 City Attorney Approved Version 12/22/2023 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 31 of 41 Page 4 City Attorney Approved Version 12/22/2023 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 32 of 41 Page 5 City Attorney Approved Version 12/22/2023 For City: For Contractor: Name Chris Shilling Name John Van Cleef Title Homeless Services Manager Title Chief Executive Officer Dept Housing & Homeless Services Address 650 2nd Street CITY OF CARLSBAD ENCINITAS, CA 92024 Address 3096 Harding Street Phone (760) 230-6309 Carlsbad, CA 92008 Email johnvancleef@crcncc.org Phone (442) 339-2284 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 33 of 41 City Attorney Approved Version 12/22/2023 Page 6 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 34 of 41 City Attorney Approved Version 12/22/2023 Page 7 litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 35 of 41 DocuSign Envelope ID: O570DC3O-5190-4DC5-B872-FC585B3AFBB6 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this_2_2 ____ day of _M_a_y _______ ~ 2024. CONTRACTOR Community Resource Center, a nor:i-profit organization By: (sign here) John Van Cleef, Chief Executive Officer (print name/title) By: (sign here) Corrie McCoy, Chief Operating Officer (print name/title) By: ATTEST: BAD, a municipal corporation of lifornia Scott Chadwick, City Manager SHERRY FREISINGER, City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. !f...2 corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 4~ fY'tJi Allegrfrost, Senior Assistant City Attorney City Attorney Approved Version 12/22/2023 June 25, 2024 Page 8 Item #2 Page 36 of 41 City Attorney Approved Version 12/22/2023 Page 9 EXHIBIT A SCOPE OF SERVICES A. Provide at least one (1) full-time Employment and Benefits Specialist as approved by City to provide employment and benefit services to people experiencing homelessness in the City of Carlsbad (“Participants”). It is strongly desired that the Employment and Benefits Specialist be bilingual in both English and Spanish. B. Maintain office hours within the City of Carlsbad a minimum of 5 days per week for 5-8 hours per day for Participants’ use. C. Link Participants to general relief, CalWORKS, CalFresh, Veteran benefits, stimulus checks, and other aid programs. D. Utilize the SSI/SSDI Outreach, Access, and Recovery (“SOAR”) process and complete and submit high-quality SSI/SSDI applications on behalf of Participants. Follow-up with Participants through the appeal process and assist as necessary. E. Assist Participants in securing employment, acquiring job skills, and/or increasing earning potential. This may include employment screening/assessment, resume building, interview prep, counseling or job coaching, connection with recruiters, and referral to community-based programs and services such as the San Diego Workforce Partnership. Create partnerships with local employers for job placement. 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. Work collaboratively with City staff to identify Participants in need of services. Make and receive referrals from City staff and partners. H. Work collaboratively with City staff to maximize partnerships with community service providers and community organizations to cultivate resources and stay connected to the changing needs of the community. I. Ensure the Employment and Benefits Specialist, at minimum, completes certification for SOAR within 6 months of employment and receives annual training in Motivational Interviewing and Trauma-Informed Care. City shall determine the appropriate type and number of training sessions required on a case-by-case basis, based on the length and depth of the training course J. Adhere to the Regional Task Force on Homelessness (RTFH) Community Standards which can be found at https://www.rtfhsd.org/about-coc/standards-learning-training/. K. Abide by the strategies set forth in City's Homelessness Action Plan and any amendments thereto, which takes a community focused and collaborative approach to addressing the needs of those experiencing or at-risk of homelessness within the City of Carlsbad. This plan can be found at https://www.carlsbadca.gov/departments/housing-homeless-services/homeless- outreach/homeless-response-plan. DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 37 of 41 City Attorney Approved Version 12/22/2023 Page 10 L. Attend at least 75% of City organized case conferencing/partner collaboration meetings and abide by privacy and participation policies as determined by City. M. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By-Name List. N. Maintain a written grievance procedure, including a formal process for Participants to provide feedback and to resolve conflicts experienced within the program. O. Comply with all routine monitoring and program audits as requested by City. P. Provide City with monthly data reports of clients served, services provided, and progress towards goals in a format approved by City by the 15th day of each month. Q. Provide City with billing invoices by the 15th of each month. The invoices shall include accompanying documentation for funds expended, which shall include but not be limited to documentation of timecards, mileage, and office supplies. R. Operate within the budget set forth in Exhibit “B” 1. If there is a possibility that any portion of the total fee payable for the Services under the Agreement may not be expended by the date of contract termination, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “B”). In such case, Contractor agrees to draft an amended budget (amended Exhibit “B”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee. 2. City and Contractor further agree to discuss and mutually determine any necessary changes to the budget during the lifetime of the Agreement. In the event of a mutually agreeable budget modification, Contractor agrees to draft an amended budget (amended Exhibit “B”), which will require a contract amendment subject to approval by the city council or city manager or designee, depending on the value and nature of the budget modification. DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 38 of 41 City Attorney Approved Version 12/22/2023 Page 11 EXHIBIT B BUDGET Personnel $69,126.76 Fringe @ 33% $22,811.83 Total Personnel $91,938.59 Operating Costs $16,174.41 Client Flex Funds $20,000.00 Total Direct Costs $36,174.41 Indirect @ 10% $11,887.00 Total Expenses $140,000.00 DocuSign Envelope ID: D570DC3D-5190-4DC5-B872-FC585B3AFBB6 June 25, 2024 Item #2 Page 39 of 41 Housing & Homeless Services Department 1200 Carlsbad Village Drive Carlsbad, CA 92008 442-339-2811 www.carlsbadca.gov Memorandum January 29, 2024 To:Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer From:Chris Shilling, Homeless Services Manager Re: Request for Exemption to Bidding for Community Resource Center The purpose of this memorandum is to request authorization for an exemption to the bidding process per Municipal Code -Purchasing Code 3.28.110 (N). This code provides a bidding exemption for situations where solicitations of bids or proposals for good, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the city. In October 2022, the City Council approved a new strategic plan and reaffirmed its commitment to reducing homelessness and its impacts on the community, while recognizing the complexity of this regional, statewide and national crisis. On Feb. 7, 2023, the City Council adopted a Homelessness Action Plan to update the city’s goal to reduce homelessness and its effects on the local community. The plan outlines programs and initiatives that the city plans to carry out over the next five years. On Nov. 14, 2023, the City Council approved the fiscal year 2024-25 Homelessness Action Plan Funding Plan that determines the most appropriate funding source for each activity and to maximize the impact of the activities within the Homelessness Action Plan. In fiscal year 2022, a pilot program was proposed to provide employment and benefits specialist services for people experiencing homelessness within the city. In March 2022, a request for proposals was released in search of an organization that could provide these services. The city received two proposals from local organizations. The evaluation team conducted a best value evaluation and interviewed both organizations. The team determined that Community Resource Center was the best value for the city. In June 2022, the City Council approved an agreement for an amount not-to-exceed $140,000 per agreement year for two years expiring on June 15, 2024. Extensions were not included in the agreement term since this was a pilot program. This pilot program has been successful over the last two years. In the first nine months of the program, Community Resource Center served 36 individuals, with 15 employment placements and 16 individuals with benefits enrollment. Community Resource Center has designed and implemented the current model and are uniquely positioned to provide these services within the city. Their staff have specialized training and have developed relationships with local businesses for employment. It’s in the best interest of the city to continue these services with the existing service provider. A change of service provider for the next fiscal year would disrupt services since Community Resource Center continues to work with a large caseload. Continuing to contract with Community Resource Center would be beneficial for continuity of care for the existing clients. In Exhibit B June 25, 2024 Item #2 Page 40 of 41 {'city of Carlsbad Roxanne Muhlmeister January 29, 2024 Page 2 addition, it is unlikely that a new request for proposals will result in additional bidders, since there is a limited number of homeless service providers in the community. Housing & Homeless Services Department staff will be presenting this item to the City Council in May/June 2024, with a recommendation to authorize execution of the agreement for an amount not-to-exceed $140,000 per agreement year for a one-year term with two additional one-year extensions. This term aligns with the five-year Homelessness Action Plan. Approval for Exemption ________________________________________ ________________ Roxanne Muhlmeister, Date Assistant Finance Director/Purchasing Officer Attachment: Professional Services Agreement for Community Resource Center CC: Shea Sainz, Senior Contract Administrator Mandy Mills, Housing & Homeless Services Director Rosario Aranda, Management Analyst 1/29/2024 June 25, 2024 Item #2 Page 41 of 41