HomeMy WebLinkAbout2024-08-27; City Council; Resolution 2024-209WHEREAS, the proposed professional services agreements (Exhibit 2, Attachments A-C) are
consistent with the Encampment Resolution Funding Program proposal an d the city's Homelessness
Action Plan; and
WHEREAS, the Purchasing Officer has reviewed and is recommending that the City Council
approve an exemption from the Purchasing Ordinance's competitive procurement requirements for
professional services per Carlsbad Municipal Code Section 3.28.ll0(N), in order to timely commence
performance under the grant agreement and due to the limited qualified subcontractors in the region.
NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager, or designee, is hereby authorized to execute professional
services agreements and approve any necessary budget modifications with Community
Resource Center, Whole Person Care Clinic and Catholic Charities Diocese of San Diego
to provide services identified in the approved Encampment Resolution Grant to assist
individuals and households experiencing homelessness in the City of Carlsbad
(Attachments A-C).
3. That an exemption from the Purchasing Ordinance's professional services procurement
requirements, per Carlsbad Municipal Code Section 3.28.ll0(N), is approved
(Attachment D).
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AGREEMENT FOR HOMELESS HOUSING AND BEHAVIORAL HEALTH SERVICES
COMMUNITY RESOURCE CENTER
THIS AGREEMENT is made and entered into as of the � -t\-day of
�� . . 2024, by and between the City of Carlsbad, California, a municipalcorpora�"City") and Community Resource Center, a non-profit organization, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in providinghousing and behavioral health services to people experiencing homelessness. B. Contractor has the necessary experience in providing professional services and advicerelated to all of the areas set forth in recital A. C. Contractor was included in the City's grant proposal to the California lnteragency Councilon Homelessness for these services and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,City and Contractor agree as follows:
1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") thatare defined in attached Exhibit "A," which is incorporated by this reference in accordance with thisAgreement's terms and conditions.
2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the MetropolitanSouthern California area and will use reasonable diligence and best judgment while exercising itsprofessional skill and expertise.
3. TERM The term of this Agreement will be effective from the date first above written to June 30, 2027. The CityManager may amend the Agreement to extend it for six (6) additional month(s) or parts thereof.Extensions will be based upon a satisfactory review of Contractor's performance, City needs, andappropriation of funds by the City Council. The parties will prepare a written amendment indicating theeffective 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 exceedthree million five hundred forty-five thousand and fifty-two dollars ($3,545,052). No other compensationfor the Services will be allowed except for items covered by subsequent amendments to this Agreement.The City reserves the right to withhold a ten percent (10%) retention until City has accepted the workand/or Services specified in Exhibit "A."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
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Attachment A
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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 t he 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 inspect ion 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 t he 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.
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EXHIBIT A
SCOPE OF SERVICES
A. Provide a minimum of (2 FTE) Housing Coordinators, (2 FTE) Behavioral Health Clinicians, and (3
FTE) Rapid Re-Housing Case Managers. It is strongly desired to have staff members who are
bilingual in both English and Spanish. As part of a multi-disciplinary team the Housing
Coordinators will provide housing search assistance, landlord engagement, and secure a variety
of permanent housing units to move people from the Encampment Resolution Program area, •
which is attached as Exhibit "B", into housing. The Behavioral Health Clinicians will also work as
part of a multi-disciplinary team to provide homeless residents ("Participants") in the
Encampment Resolution Program area with trauma-informed case consultation and direct
mental health support as needed to ensure Participant's long term mental health needs are
addressed to reduce barriers to housing and maintain long-term housing stability. The Rapid Re-
Housing Case Managers will provide Participants with supportive services and case management
in housing to stabilize and ensure long-term housing retention.
B. Ensure each staff member receives training in all of the following areas, as appropriate, 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, HUD Housing Quality Standards (HOS), and Lead-Based Paint Visual Inspections. 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. Participate in the Encampment Resolution Funding Program collaborative recruitment and hiring
effort as coord inated by the City with other contracted partners.
D. Ensure all staff members attend 100% of Encampment Resolution Funding Program
collaborative trainings as coordinated by the City.
E. Attend 100% of Encampment Resolution Funding Program coordinating and case conferencing
meetings.
F. 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.
G. Provide customized behavioral health support and consultation for Participants and multi-
disciplinary teams using trauma-informed care and harm reduction models as needed.
H. Provide housing search assistance and landlord engagement to identify and secure rental units
for all Participants.
I. Prioritize shared housing with landlords and Participants whenever possible.
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J. Assist at least 60 households experiencing homelessness with housing assistance during the
Agreement term.
K. Maintain a 70% housing move-in and positive exit rate for rapid re-housing Participants.
L. Ensure that at least 70% of all rapid re-housing Participants enrolled in the program secure
permanent housing within 60 days of enrollment.
M. Ensure at least 50% of rapid re-housing Participants increase their household income in the
program.
N. Ensure at least 85% of rapid re-housing Participants that exit to permanent housing do not
become homeless again within one year.
0. Use diversion strategies with all Participants as appropriate.
P. Provide rental assistance, utility deposits, move-in assistance, and case management to
Participants for up to 24 months. Create individualized Housing Stability Plans (HSP) designed to
help Participants reduce functional and other barriers to obtaining and maintaining housing.
HSPs should be developed at intake and reviewed once the client is housed and at a minimum
every 45 days. HSPs should include focused SMART goals in three core areas: housing, financial,
and health/wellness. The plan should be reviewed at every meeting with a Participant to ensure
the Participant is on track to meet their identified goals. The main components of each plan
should include: outline of goals pertaining to housing; outline of roles and expectations of
household; outline of roles and expectations of Case Manager; and time lines for each step. The
plan should be adjusted as needed at the discretion of the Contractor.
Q. Assist Participants with obtaining housing, increasing income through employment and/or
benefits, and enhancing participants' life skills (i.e. educational, and budgeting). Creatively and
collaboratively problem-solve with Participants to address other barriers that may interfere with
their housing stability.
R. Rapid Re-Housing Case Managers must meet with Participants a minimum of once per month.
S. Maintain responsive and timely communication, both written and verbal, with City staff. Attend
monthly meetings with City staff to review and discuss programmatic needs.
A. 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/.
B. 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-pla n.
T. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350
et seq.) and have a drug-free workplace by taking the following actions:
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a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations, as required by Government Code
Section 8355, subdivision (a)(1).
b. Establish a Drug-Free Awareness Program, as required by Government Code Section
8355, subdivision (a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Contractor's policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
v. Provide, as required by Government Code Section 8355, subdivision (a}(3), that
every employee that works under this Agreement:
vi. Will receive a copy of Contractor's drug-free policy statement, and
vii. Will agree to abide by the terms of the drug-free policy as a condition of
employment.
U. Attend at least 75% of City organized case conferencing/partner collaboration meetings and
abide by privacy and participation policies as determined by City.
V. Maintain a written grievance procedure, including a formal process for Participants to provide
feedback and to resolve conflicts experienced within the program.
W. Comply with all routine monitoring and program audits as requested by City.
X. Complete accurate and thorough documentation in a timely manner. Use the Homeless
Management Information System (HMIS) to track Participants including documenting Case
Notes, Exit Locations, and GPS mapping Participant locations. Maintain data on each program
Participant and program milestones and outcomes and provide reports to City each quarter on
the 15th day of month following the end of the quarter, including quarterly and cumulative
annual data per fiscal year. All reports must be in a format to the satisfaction of City's Housing &
Homeless Services Department. Provide at minimum documentation of the following data
points within quarterly reports:
a. Number of Participants provided behavioral health services and the type of services
provided;
b. Number of landlords engaged and the number of units secured;
c. Number of Participants screened and consented to housing services;
d. Number of Participants screened and denied or declined program entry;
e. Number and percentage of total Participants placed into permanent housing;
f. Average length of time from program enrollment to permanent housing;
g. Average cost of housing support per household;
h. Number and percentage of households that increased income; and
i. Number and percentage of households that return to homelessness within a year of exit
to permanent housing.
Y. Provide City with billing invoices by the 15th of each month. The invoice template must be
approved by City and shall include accompanying documentation for funds expended, which
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shall include but not be limited to documentation of timecards, mileage, office supplies, and
rental payment receipts.
z. Operate within the budget set forth in Exhibit C.
a. If there is a possibility that any portion of the total fee payable for the Services under
the Agreement is not expended by the date of contract termination, City and Contractor
agree to mutually decide how such excess funds will be allocated in the budget. In such
case, Contractor agrees to draft an amended budget (a new Exhibit C) to re-allocate the
excess funds, which will require a contract amendment subject to approval by the city
manager or designee.
b. 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 (a new
Exhibit C), which will require a contract amendment subject to approval by the city
manager or designee.
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AGREEMENT FOR HOMELESS SHELTER SERVICES
CATHOLIC CHARITIES DIOCESE OF SAN DIEGO
AGREEMENT is made and entered into • as of the '2..£.ft--day of
~ 2024, by and between the City of Carlsbad, California, a municipal
City") and Catholic Charities Diocese of San Diego, a non-profit organization, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in providing
housing navigation services to people experiencing homelessness at the La Posada de Guadalupe
homeless shelter located in the City of Carlsbad.
B. Contractor has the necessary experience in providing professional services and advice
related to all of the areas set forth in recital A.
C. Contractor was included in the City's grant proposal to t he California lnteragency Council
on Homelessness for these services and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF 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 from the date first above written to June 30, 2027. The City
Manager may amend the Agreement to extend it for six (6) additional month(s) or parts thereof.
Extensions will be based upon a satisfactory review of Cont ractor'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
four hundred ninety-one thousand four hundred dollars ($491,400). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this Agreement. 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."
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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 attorney's 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
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.
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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 (NAie)
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.
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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 Citv: For Contractor:
Name Chris Shilling Name Appaswamy "Vino" Pajanor
Title Homeless Services Manager Title Chief Executive Officer
Dept Housing & Homeless Services Address 3888 Paducah Drive
CITY OF CARLSBAD SAN DIEGO, CA 92117
Address 1200 Carlsbad Village Drive Phone 619-323-2842
Carlsbad, CA 92008 Email vpajanor@ccdsd.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 D 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.
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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 t he 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 t he facts and solutions recommended
by each party and may then opt to direct a solut ion to the problem. In such cases, the action of t he 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 t he 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 t hirty (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 t his Agreement. For breach or violation of this warranty, City w ill have the right to annul this
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EXHIBIT A
SCOPE OF SERVICES
A. Provide a minimum of one (1) full-time Housing Navigator. It is strongly desired to have a staff
member who is bilingual in both English and Spanish. The Housing Navigator will provide
housing location assistance and other housing related services to people experiencing
homelessness at the La Posada de Guadalupe homeless shelter ("Participants"). The Housing
Navigator will prioritize Participants who were previously residing within the Encampment
Resolution Program area which is attached as Exhibit "B".
B. Ensure Housing Navigator receives training in all of the following areas within the first 6 months
of employment and at least once every 3 years thereafter: Cultural Competency,
Documentation/HMIS, Motivational Interviewing, Assertive Engagement, Trauma-Informed
Care, Harm Reduction, First Aid/CPR, Overdose Response, Mental Health First Aid, Mental
Health Recovery, Self-Care and Vicarious Trauma, Professional Boundaries, Coordinated Entry,
Safety, Ethics, Effective Goal Setting, and Mandated Report!ng. 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. Participate in the Encampment Resolution Funding Program collaborative recruitment and hiring
effort as coordinated by the City with other contracted partners.
D. Ensure all staff members attend 100% of Encampment Resolution Funding Program
collaborative trainings as coordinated by the City.
E. Attend 100% of Enc_ampment Resolution Funding Program coordinating and case conferencing
meetings.
F. Develop and implement individualized strength-based housing plans in partnership with
Participants and link Participants to appropriate housing options.
G. Assist Participants to identify and access housing options such as: reunification with family or
friends, independent living associations, private rentals, rapid rehousing, and permanent
supportive housing resources.
H. Screen Participants using the Coordinated Entry Common Assessment Tool as appropriate.
Provide ongoing follow-up and Homeless Management Information System (HMIS) updates to
maintain Participants on the Coordinated Entry Community Queue.
I. Notify City of current and upcoming bed vacancies and provide priority bed access to City and
other Encampment Resolution Program grant partners. Set aside 3 beds for the Encampment
Resolution Program over the 3-year grant period.
J. Maintain responsive and timely communication, both written and verbal, with City staff. Attend
monthly meetings with City staff to review and discuss programmatic needs.
A. Adhere to the Regional Task Force on Homelessness (RTFH) Coe Community Standards which
ca n be found at https://www.rtfhsd.org/about-coc/standards-learning-training/.
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P. Provide City with billing invoices by the 15th of each month. The invoice template must be
approved by City and shall include accompanying documentation for funds expended, which
shall include but not be limited to documentation of timecards and office supplies.
Q. Operate within the budget set forth in Exhibit C.
a. If there is a possibility that any portion of the total fee payable f~r the Services under
the Agreement is not expended by the date of contract termination, City a~d Contractor
agree to mutually decide how such excess funds will be allocated in the budget. In such
case, Contractor agrees to draft an amended budget (a new Exhibit C) to re-allocate the
excess funds, which will require a contract amendment subject to approval by the city
manager or designee.
b. 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-~grees to draft an amended budget (a new
Exhibit C), which will require a contract amendment subject to approval by the city
manager or designee.
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AGREEMENT FOR HOMELESS M EDICAL SERVICES
WHOLE PERSON CARE CLINIC
THIS A9REEMENT is made and entered into as of the Q,.?;~ day of
1,q:~,t: , 2024, by and between the City of Carlsbad, California, a municipal
corporation("City") and Whole Person Care Clinic, a non-profit organization, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in providing
medical services to people experiencing homelessness.
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 was included in the City1s grant proposal to the California lnteragency Council
on Homelessness for these services and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF 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 from the date first above written to June 30, 2027. The City
Manager may amend the Agreement to extend it for six (6) additional month{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
eight hundred thirteen thousand seven hundred fifty dollars ($813,750). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this Agreement. The City
reserves the right to withhold a ten percent {10%) retention until City has accepted the work and/or
Services specified in Exhibit "A."
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
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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 paym_ent, 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. 0TH ER 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
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.
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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 surp·lus 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.
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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
reco rds.
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.
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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 Cit~: For Contractor:
Name Chris Shilling Name Mary L. Baker
Title Homeless Services Manager Title Executive Director
Dept Housing & Homeless Services Address 120 N. Ash Street
CITY OF CARLSBAD ESCONDIDO, CA 92027
Address 1200 Carlsbad Village Drive Phone 760-385-3739
Carlsbad, CA 92008 Email mbaker@socalcc.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 IZI
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.
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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 .a rb.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 bot h 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 t he 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
fin a I 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 t hat 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
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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.
28. 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.
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EXHIBIT A
SCOPE OF SERVICES
A. Provide medical services to homeless residents ("Participants") who are living within the
Encampment Resolution Program area (attached as Exhibit "B") at a minimum of 3 days per
week, 8 hours per day, providing direct medical services through the term of this agreement
expiring on June 30, 2027. This date is subject to extension in the event ~hat funds have not
been expended or grant terms have not been fulfilled by t his date.
B. Medical services may include but are not limited to; wound care, general diagnostics, blood
pressure monitoring, disease diagnosis, hypertensive diagnostics, diabetic treatment, lab
testing, referrals to specialists, mental health support, substance abuse treatment,
prescriptions, referrals to higher levels of care and other medical interventions as necessary and
appropriate.
C. Ensure medical service providers possess appropriate and current credentials for the level of
care being provided and be supervised by licensed medical providers as legally required.
D. Procure and maintain a medical van, as approved by the City, to provide mobile medical services
in the Encampment Resolution Program area.
E. Ensure all staff members attend 100% of Encampment Resolution Funding Program
collaborative trainings as coordinated by the City.
F. Attend 100% of Encampment Resolution Funding Program coordinating and case conferencing
meetings.
G. Maintain responsive and timely communication, both written and verbal, with City staff. Attend
monthly meetings with City staff to review and discuss programmatic needs.
H. Adhere to the Regional Task Force on Homelessness (RTFH) Coe Community Standards which
can be found at https://www.rtfhsd.org/about-coc/standards-learning-training/.
I. 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.
J. Contractor shall maintain compliance with the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), the CA Confidentiality of Medical Information Act and all other applicable
laws and regulations.
K. Comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350
et seq.) and have or provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensat ion, possession, or use of a controlled substance is prohibited and specifying
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actions to be taken against employees for violations, as required by Government Code
Section 8355, subdivision (a)(l}.
b. Establish a Drug-Free Awareness Program, as required by Government Code Section
8355, subdivision (a}(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Contractor's policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
v. Provide, as required by Government Code Section 8355, subdivision (a)(3), that
every employee that works under this Agreement:
vi. Will receive a copy of Contractor's drug-free policy statement, and
vii. Will agree to abide by the terms of the drug-free policy as a condition of
employment.
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. Maintain a written grievance procedure, including a formal process for Participants to provide
feedback and to resolve conflicts experienced within the program.
N. Comply with all routine monitoring and program audits as requested by City.
0. Meet monthly with the City contract managers.
P. Complete accurate and thorough documentation in a timely manner. Maintain data on each
program Participant and program milestones and outcomes and provide reports to City each
quarter on the 15th day of month following the end of the quarter, including quarterly and
cumulative annual data per fiscal year. All reports must be in a format to the satisfaction of
City's Housing & Homeless Services Department. Provide at minimum documentation of the
following data points within quarterly reports:
a. Number of days and hours in the field each quarter
b. Number of unduplicated Participants and households assisted;
c. Number of medical contacts (touchpoints);
d. Number and types of medical interventions and services performed;
e. Demographic data on Participants;
Q. Provide City with billing invoices by the 15th of each month. The invoice template must be
approved by City and shall include accompanying documentation for funds expended, which
shall include but not be limited to documentation of timecards and supplies.
R. Operate within the budget set forth in Exhibit C.
a. If there is a possibility that any portion of the total fee payable for the Services under
the Agreement is not expended by the date of contract termination, City and Contractor
agree to mutually decide how such excess funds will be allocated in the budget. In such
case, Contractor agrees to draft an amended budget (a new Exhibit C) to re-allocate the
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Housing & Homeless Services
Homeless Services
1200 Carlsbad Village Drive Carlsbad, CA 92008 442-339-2810 t
Memorandum
August 19, 2024
To:Roxanne Muhlmeister, Assistant Finance Director/Purchasing Officer
From:Chris Shilling, Homeless Services Manager
Re:Request for Exemption to Bidding for Professional Services Agreement with
Community Resource Center, Whole Person Care Clinic and Catholic Charities
Diocese of San Diego for the Encampment Resolution Funding Program Grant
The purpose of this memorandum is to request authorization for an exemption to the bidding
process per Carlsbad Municipal Code - Purchasing Code, Section 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.
The State of California, through the California Interagency Council on Homelessness (Cal ICH),
created an Encampment Resolution Funding Program grant in 2021 to assist local jurisdictions in
ensuring the wellness and safety of people experiencing homelessness in encampments by
providing services and supports that address their immediate physical and mental wellness and
result in meaningful paths to safe and stable housing. The program supports cross-systems
collaboration and service strategies to help people experiencing homelessness transition out of
encampments and into housing. The City of Carlsbad submitted a joint application for funding
with the City of Oceanside as the lead applicant in January 2024. Notice was received in April
2024 that the state awarded the project $11,398,466.52 in grant funds. Carlsbad’s portion of
these funds is outlined in a Memorandum of Agreement (MOA) with the City of Oceanside and
totals $5,336,578.28, which includes $486,376.28 in funding for Housing & Homeless Services
Department staff salaries and benefits and service delivery coordination and grant
administrations costs.
Performance under the grant must begin no later than 30 days after the grant agreement with
Cal ICHis fully executed, or on the express date set by Cal ICH and the cityafter all approvals have
been obtained and the grant agreement is fully executed. If the city fails to commence work by
Attachment D
Aug. 27, 2024 Item #4 Page 63 of 65
{'city of
Carlsbad
Roxanne Muhlmeister
August 19, 2024
Page 2
the agreed upon time, Cal ICH reserves the right to terminate the agreement. In order to
commence work at the agreed upon time, the city does not have enough time to advertise
request for proposals and conduct a best value evaluation for these services.
Community Resource Center, Whole Person Care Clinic and Catholic Charities Diocese of San
Diego are the subgrantees that were pre-identified by the city in the grant application. These
local service providers were identified due to their active and ongoing partnerships with the city
and their current work in addressing the needs of people experiencing homelessness in Carlsbad.
It is in the best interest of the city to enter into professional service agreements with these
subgrantees to meet the scope of services outlined in the grant application and continue to serve
the Carlsbad homeless community without any interruption.
The Housing & Homeless Services Department has previously conducted Request for Proposals
for different types of homeless services activities with very limited results due to the limited
amount of homeless service providers in the region. It is unlikely that new requests for proposals
will result in additional bidders. The city currently has agreements in place with Community
Resource Center, Whole Person Care Clinic and Catholic Charities Diocese of San Diego for
services that are addressing the needs of people experiencing homelessness. Catholic Charities
Diocese of San Diego also owns and operates the La Posada de Guadalupe homeless shelter,
which is the only homeless shelter in Carlsbad. Whole Person Care Clinic is the only medical
services organization providing free medical care for people experiencing homelessness in
Carlsbad.
New professional services agreements with Community Resource Center, Whole Person Care
Clinic and Catholic Charities Diocese of San Diego will allow the city to move forward with the
services identified in the grant application and the MOA with the City of Oceanside and secure
the Encampment Resolution Funding Program grant with the state. The city would risk losing
the grant funds if the project was to go through a formal Request for Proposal process.
Providing an exemption allowing the city to enter into agreements with the identified local
service providers would ensure the city secures the grant funds.
Subgrantee Activity Contract Amount
Catholic Charities Shelter Services $491,400.00
Community Resource Center Housing Assistance Services $3,545,052.00
Whole Person Care Clinic Medical Services $813,750.00
Housing & Homeless Services Department staff will be presenting the Encampment Resolution
Funding Program to the City Council on August 27, 2024, with a recommendation to authorize
execution of a memorandum of agreement with the City of Oceanside and related professional
service agreements with Community Resource Center, Whole Person Care Clinic and Catholic
Charities Diocese of San Diego to provide services that address the needs of people
Aug. 27, 2024 Item #4 Page 64 of 65
Roxanne Muhlmeister
August 19, 2024
Page 3
experiencing homelessness. The city’s agreements with the subgrantees will be effective until
June 30, 2027.
Approval for Exemption to Bidding
________________________________________ ________________
Roxanne Muhlmeister,Date
Assistant Finance Director/Purchasing Officer
CC: Shea Sainz, Senior Contract Administrator
Mandy Mills, Housing & Homeless Services Director
8/19/2024
Aug. 27, 2024 Item #4 Page 65 of 65