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HomeMy WebLinkAbout2024-08-27; City Council; Resolution 2024-208RESOLUTION NO. 2024-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE CITY OF OCEANSIDE AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE $5,336,579 TO THE STATE GRANT SPECIAL REVENUE FUND'S FISCAL YEAR 2024-25 OPERATING BUDGET TO IMPLEMENT GRANT FUNDING TO BE RECEIVED THROUGH THE CALIFORNIA ENCAMPMENT RESOLUTION FUNDING PROGRAM WHEREAS, on Nov. 27, 2023, the California lnteragency Council on Homelessness issued a notice of funding availability for the Encampment Resolution Funding Program; and WHEREAS, the Encampment Resolution Funding Program provides grants to local jurisdictions to resolve critical encampment concerns and transition individuals into safe and stable housing; and WHEREAS, the City Council of the City of Carlsbad, California approved the city's updated Homelessness Action Plan on Feb. 7, 2023; and WHEREAS, Initiative 1.l(c) of the Homelessness Action Plan is to identify one-time and ongoing funding sources; and WHEREAS, the Encampment Resolution Funding Program funding aligns with Initiative l.l(c) of the Homelessness Action Plan and would supplement and reduce the amount of general funds allocated in the city's Homelessness Action Plan Funding Plan; and WHEREAS, on Jan. 31, 2024, the City submitted a joint Encampment Resolution Funding Program proposal, with the City of Oceanside as the lead applicant, for a total amount of $11,398,466.52 over three years; and WHEREAS, the city's Encampment Resolution Funding Program proposal included activities that align with seven of the Homelessness Action Plan Initiatives; and WHEREAS, on April 18, 2024, the city received a notification from the California lnteragency Council on Homelessness of an award in the full amount request ed; and WHEREAS, the California lnteragency Council on Homelessness requires that 50% of the funds be expended by Ju ne 30, 2025, 100% ofthe funds be obligated by June 30, 2025, and 100% of the funds be expended by June 30, 2027; and WHEREAS, the City's portion of the total funding is outlined in the Memorandum of Ag reement with the City of Oceanside and totals $5,336,578.28. Attachment A Aug. 27, 2024 Item #4 Page 8 of 65 Memorandum of Agreement (MOA) Between the City of Oceanside and the City of Carlsbad This Memorandum of Agreement (MOA) is made by and between the City of Oceanside and the City of Carlsbad, collectively referred to as the "Parties" or individually as a "Party," as of the date of the last signature. Background City of Oceanside has been awarded an Encampment Resolution Funding Grant Program Round 3 (ERF-3-R) grant amounting to $11,398,466.52. This grant aims to assist individuals experiencing unsheltered homelessness along the State Route 78 corridor and Buena Vista Creek areas, as depicted in the map attached hereto. The City of Oceanside, in collaboration with the City of Carlsbad, has been funded by the State of California to implement a comprehensive encampment resolution strategy to improve living conditions and facilitate stable housing for the homeless population in the designated area. Agreement 1. Administration of MOA Each Party identifies the following individuals to serve as the authorized administrative representative for that Party. Any Party may change its administrative representative by notifying the other Party in writing of such change. Any such change shall become effective upon receipt of such notice by the other Party to this MOA. City of Oceanside • Name: Salvador Roman • Title: Homeless Services Program Manager • Address: 300 N. Coast Highway, Oceanside, CA 92054 • Phone: (760) 435-3394 • Email: SRoman@oceansideca.org City of Carlsbad • Name: Chris Shilling • Title: Homeless Services Manager • Address: 1200 Carlsbad Village Drive, Carlsbad, CA 92008 • Phone: (442) 339-2284 • Email: chris.shilling@carlsbadca.gov Page 1 City Attorney Approved Version 5/22/2024 Aug. 27, 2024 Item #4 Page 9 of 65 2. Roles and Responsibilities City of Oceanside: • Grant Administration: Oversee the implementation and ongoing operations of the Encampment Resolution Program. • Fund Disbursement: Disburse funds and monitor the use of funds. • Compliance: Ensure compliance with the terms of the grant, including reporting and document retention requirements, and all relevant laws and regulations. City of Carlsbad: • Coordination: Work with the City of Oceanside and other partners to coordinate grant activities and ensure the program's success. • Service Delivery: Administer contracts with Community Resource Center, Whole Person Care Clinic, and the Catholic Charities Diocese of San Diego to provide housing navigation, trauma-informed mental health support, rapid re-housing, street med icine, and housing-focused shelter in accordance with Exhibit A-Scope of Work. • Reporting: Provide necessary data to the City of Oceanside to comply with reporting requirements under the grant. 3. Financial Provisions • Funding Amount: The City of Oceanside will provide up to $5,336,578.28 to the City of Carlsbad in grant funds to support the Encampment Resolution Program, adhering to the budget set forth in Exhibit B. 4. Indemnity 4.1 Claims Arising from the Sole Acts or Omissions of a Party: Each Party to this MOA hereby agrees to indemnify, defend and hold harmless the other Party to this MOA, their agents, officers, and employees, from any claim, action or proceeding against the other Party, arising solely out of its own acts or omissions in the performance of this Agreement. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this MOA. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. Page 2 City Attorney Approved Version 5/22/2024 Aug. 27, 2024 Item #4 Page 10 of 65 4.2 Claims Arising from Concurrent Acts or Omissions: The Parties hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4.3, below. 4.3 Joint Defense and Reimbursement: Notwithstanding paragraph 4.2, above, in cases where the Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: 4.3.1. Parties further agree that neither party may bind the other to a settlement agreement without the written consent of both Parties. Where a trial verd ict or arbitration award allocates or determines the comparative fault of parties, Parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. Obligations arising out of this paragraph shall survive the termination or withdrawal from this MOA by a Party hereto. 5. Insurance Eaoh Party shall obtain and maintain insurance policies or programs of self-insurance with policy limits sufficient to cover any potential liability arising from this MOA. This coverage is in addition to workers compensation insurance and other insurance coverages required by law. 6. Compliance with Laws Both Parties shall comply with all applicable federal, state, and local laws, rules, and regulations. 7. Term and Termination • Effective Date: This MOA shall become effective on the date all Parties have signed and shall remain in force until terminated. • Termination for Convenience: Either Party may terminate this MOA for convenience by providing a 60-day written notice to the other Party. 8. Amendments Any amendments to this MOA must be made in writing and signed by authorized representatives of both Parties. Page 3 City Attorney Approved Version 5/22/2024 Aug. 27, 2024 Item #4 Page 11 of 65 9. Severability If any term or provision of this MOA is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. 10. Entire Agreement This MOA represents the full and entire agreement between the Parties and supersedes any prior written or oral agreements. 11. Governing Law This MOA shall be governed by and construed in accordance with the laws of the State of California. 12. Counterparts This MOA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this MOA on the date of the last signature below. City of Oceanside By:-------------- Jonathan Borrego, City Manager Date: -------------- City of Carlsbad By: _____________ _ Scott Chadwick, City Manager Date: ------------- Page 4 APPROVED AS TO FORM: City Attorney :')PROVED AS TO FORM: Ytdt ' City Attorney Approved Version 5/22/2024 Aug. 27, 2024 Item #4 Page 12 of 65 f,' JS ' ~A"-fJ;<l !,,,;::,. ~,'{"~1r~c Carlsbad Page 5 Vista V!STA l_ _________ , t.· ... • ·•►~._,"t I City Attorney Approved Version 5/22/2024 Aug. 27, 2024 Item #4 Page 13 of 65 Scope of Work City of Carlsbad -Encampment Resolution Fund Introduction The City of Carlsbad bas been designated. as a sub-recipient of the Encampment Resolution Fund under the City of Oceanside. This scope of work outlines the responsibilities and activities of the City of Carlsbad in its role as the fiscal manager of funds for additional sub-recipients. The primary objective is to ensure efficient and effective use of the grant funds to improve the quality of life and provide sustainable housing solutions for individuals or households living within the designated encampment area. Responsibilities 1. Fiscal Management 1.1. Fund Allocation and Distribution • Develop and implement a transparent process for the allocation and distribution of funds to additional subrcdpients, as identified below: o Whole Person Care Clinic o Catholic Charities Diocese of San Diego o Community Resource Center (CRC) • Ensure compliance with all state and local re,gulations regarding fund disbllfsemcnt. • Maintain detailed records of all financial Lransaclions related to the grant. 1.2. Budget Monitoring • Monitor budgets of subrecipients to ensure expenditures are in line with the approved budget. • Conduct regular financial reviews to ensure funds are being used appropriately and effectively. • Provide financial reports to the City oC Oceanside and lhe State as required. 1.3. Financial Reporting • Prepare and submit quarterly and annual financial reports detailing the use of funds. • Ensme that all financial documentation is accurate and submitted in a timely manner. • Coordinate with subrecipients to gather necessary financial data for reporting. Aug. 27, 2024 Item #4 Page 14 of 65 • Invoices will be due for the City of Oceanside by 20th of the month following each reporting quarter. 2. Quality Assurance 2.1. Performance Monitoring • Develop aud implement a performance monitoring plan to ensure that subrecip1ents meet the objectives and goals of the grant. • Conduct regular site visits and audits to assess program effectiveness and compliance. • Provide technical assistance and support to subrecipients to address any issues or challenges. 2.2. Data Collection and Reporting • Ensure collection of data related to program outcomes through the HMIS, including the number of individuals served, services provided, and housing placements. • Ensure that subrecipients are entering into the HMIS for data collection • Prepare and submit regular performance reports to the City of Oceanside and the State. 2.3. Compliance • Ensure that all activities and expenditures comply with the tenns and conditions of the grant. • Conduct regular compliance reviews and provide feedback to subrecipients. • Address any non-compliance issues promptly and implement corrective actions. 3. Coordination and Communication 3.1. Stakeholder Engagement • Coordinate ,vith the City of Oceanside, additional subrccipients, and other stakeholders to ensure cohesive program implementation. • Facilitate regular meetings and communication among subrecipjents to share best practices and address common challenges. • Serve as the primary point of contact for all grant-related inquiries. 3.2. Repo:rting to the City of Oceanside • Provide regular updates to the City of Oceanside on program progress, financial status, and any issues or challenges. • Collaborate with the City of Oceanside to address any programmatic or financial concerns. Aug. 27, 2024 Item #4 Page 15 of 65 4. Training and Capacity Building 4.1. Training Programs • Provide ongoing technical assistance to build the capacity of subrecipients. 4.2. Best Practices • Promote the use of best practices in addressing homelessness and encampments. • Share resources and tools to enhance program effectiveness. 5. Adherence to Best Practices and Implementation Strategy This section details the incorporation of principles such as Housing First, Trauma-Informed Care, and Hann Reduction into the program design and execution. 5.1. Rousing First Approach • Immediate Housing Access: The program will prioritize providing immediate access to housing for individuals residing in prioritized encampment areas, without requiring preconditions such as sobriety or participation in treatment programs, This aligns with the principles of Housing First as specified in California Welfare and Institutions Code section 8255. • Person-Centered Approach: Services will be tailored to meet the unique needs of each individual, reducing barriers to housing and ensming that the process is client-driven and supportive. 5.2. Trauma-Informed Care • Understanding Trauma: All program stafhvill be Lrained to recognize and understand the impact of trauma on individuals experiencing homelessness. This approach will inform interactions, service delivery, and support strategies. • Creating a Safe Environment: The program will focus on creating safe, supportive, and respectrul environments for all participants. This includes ensuring physical and emotional safety in shelters and during service provision. 5.3. Harm Reduction • Reducing Harm: The program will incorporate harm reduction strategies to minimize the negative consequences of substance use and other risky behaviors. This approach does not require abstinence but supports individuals in making safer choices. • Supportive Services: Participants will have access to a range of supportive services, including healthcare, mental health services, and substance usc treatment, which are designed to meet them where they are and provide incremental suppmi toward healthier lifestyles. Aug. 27, 2024 Item #4 Page 16 of 65 5.4. Comprehensive and Coordinated Seniccs • Low-Barrier Shelter: The pro61Tam will offer low-barrier shelter options to ensure that individuals have immediate access to safe and secure housing. These shelters will not impose stringent requirements that could exclude those in need. • Housing Navigation and Case Management: Dedicated housing navigators and case managers will work closely with individuals to identify suitable housing options, navigate the housing application process, and provide ongoing support to ensure housing stability. • Rapid Re-housing: Rapid re-housing services will be provided to quickly move individuals from shelters into permanent housing. This includes financial assistance for rent and utilities, as well as supportive services to help individuals maintain their housing. • Outreach Services: The program will include robust outreach effo1ts to engage individuals residing in prioritized encampment areas. Outreach teams will build trust and rapport with individuals, providing them with information about available services and encouraging their participation in the program. 5.5. Compliance with Terms and Conditions • Accuracy and Integrity: The City of Carlsbad warrants that all information contained in the grant application and subsequent reports is true and accurate. The City wi 11 comply with all terms and conditions of the Standard Agreement and Program guidelines. • Regular Monitoring and Reporting: The City will conduct regular monitmi.ng of program activities to ensure compliance with the implementation strategy and adherence to best practices. This includes submitting accurate and timely reports to the City of Oceanside and the State. Strategies, Best Practices, and Modalities for Addressing Homelessness Encampment Resolution Funding (ERF) Program Strategies: • Outreach and Engagement: Street outreach programs engage directly with individuals in encampments, providing immediate needs assessments, initial support and on-going housing focused case management. • Peer Support Services: Tnitial contact by peers with lived experience to build trust and relay information about available services. • Assessment and Case Management: Comprehensive assessment of individual needs involving health, housing, and social services. • Care Coordination: Trauma-informed mental health services, substance abuse interventions, and coordination of care services, including funding for necessities like transportation and document procurement. • Street 1"ledicine: Delivering primary healthcare services directly at encampment sites. • Interim Shelter Options: Temporary housing solutions such as safe parking programs, bridge housing, and motel vouchers. Aug. 27, 2024 Item #4 Page 17 of 65 • Housing Navigation and Assistance: Supporting individuals in finding suitable housing options and engaging with landlords, including financial assistance for lease-up expenses. • Permanent and Long-Term Housing: Utilizing dedicated vouchers and rapid rehousing programs to transition individuals to permanent housing. • Supportive Services: Ongoing case management, health and wellness follow-up, and socialization and recreational activities. • Resource Optimization; Leveraging existing programs and funding sources to maximize lhe impact of new funding. • Outcome Tracking and Accountability: Establishing measurable outcomes to track progress and ensure accountability through regular reporting and data analysis. All programs will be tracked under the HMlS with data transferred to the HDlS system quarterly. Grantee assumes the responsibility of creating the applicable programs in the HMIS for each grantee, subgrantee and subrecipient in accordance with slate requirements. Best Practices: • Individual-Centered Approach: Tailoring interventions to the unique needs, preferences, and goals of each person expe1iencing homelessness. • Housing First Philosophy: Prioritizing immediate access to housing without prccond i ti on s. • Comprehensive Support Services: Providing a range of services to support recovery and stability, including intensive case management, peer support, hann reduction, and substance abuse treatment. • Data-Driven Approaches: UtiJizing the Homeless Management Information System (ffMTS) for real-time data tracking and coordinaled service delivery. • Public Health and Social Determinants ofllealth: Addressing immediate medical, mental health, substance abuse, and benefits enrollment needs directly at encampment sites. By incorporating these strategies; best practices, and modalities, the Encampment Resolution Funding program aims to provide a comprehensive and coordinated response to homelessness, facilitating the transition of individuals from encampments to stable and permanent housing solutions. Aug. 27, 2024 Item #4 Page 18 of 65 Deliverables • Detailed fund allocation and distribution plan • Quarterly and annual financial reports • Performance monitoring plan and reports • Compliance review reports • Regular updates and reports to the City of Oceanside • Training materials and dommentation The City of Carlsbad \Vil I play a critkal role in ensuring the successful implementation of the Encampment Resolution Fund. By providing robust fiscal management and quality assurance, the City of Carlsbad will help ensure that grant funds arc used effectively to achieve the program's goals and reduce unsheltered homelessness in the encampment area. Aug. 27, 2024 Item #4 Page 19 of 65 Encampment Resolution Fund City of Carlsbad Position Agency Medical Provider Whole Person Care Clinic Housing Navigator Catholic Charities Program Manager City of Carlsbad Trauma-Informed Mental Health Clinician Community Resource Center Housing Coordinator Community Resource Center RRH Case Manager Community Resource Center Fringe Benefits-30% Subtotal Personnel Services Transportation Whole Person Care Clinic Meals and Supplies Catholic Charities Housing Assistance Community Resource Center Operating Cost Service Providers Adm Indirect Costs @ 5% Service Providers City of Carlsbad Administrative Costs @ 5% City of Carlsbad Subtotal Operational Cost Total Budget Exhibit B: Budget Amount $ 450,000 $ 210,000 $ 157,498 $ 600,000 $ 420,000 $ 540,000 $ 713,249 $ 3,090,747 $ 100,000 $ 150,000 $ 1,150,000 $ 333,240 $ 230,962 $ 281,629 $ 2,245,831 $ 5,336,578