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HomeMy WebLinkAbout2024-06-25; City Council; Resolution 2024-156RESOLUTION 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. 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 DocuSign Envelope ID: D570DC30-5190-4DC5-B872-FC585B3AFBB6 AGREEMENT FOR EMPLOYMENT AND BENEFITS SERVICES COMMUNITY RESOURCE CENTER Exhibit A THIS AGREEMENT is made and entered into as of the l •'T day of ______ ::S_..,_t..::_':i __ � 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 employment and benefits services to people experiencing homelessness 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 term 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 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 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 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 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 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 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 DocuSign Envelope ID: D570DC3D-5190-4DC5-8872-FC58583AFBB6 27.AUTHORITY The individuals executing this Agreement and the instruments referenced ln 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 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) BAD, a municipal corporation of lifornia By: Scott Chadwick, City Manager ATTEST: SHERRY FREISINGER, City Clerk 8�121::�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'!:f:-ftosf Allegrfrost, Senior Assistant City Attorney City Attorney Approved Version 12/22/2023 Page 8 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 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 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 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 {'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