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HomeMy WebLinkAbout2024-08-27; City Council; ; Memorandum of Agreement with the City of Oceanside for a State Encampment Resolution Funding Program Grant and Related Professional Services AgreementsCA Review __AF____ Meeting Date: To: From: Staff Contact: Subject: Aug. 27, 2024 Mayor and City Council Scott Chadwick, City Manager Mandy Mills, Director, Housing & Homeless Services Mandy.mills@carlsbadca.gov, 442-339-2907 Chris Shilling, Homeless Services Manager chris.shilling@carlsbadca.gov, 442-339-2284 Memorandum of Agreement with the City of Oceanside for a State Encampment Resolution Funding Program Grant and Related Professional Services Agreements Districts: 1, 2 Recommended Actions 1.Adopt a resolution 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. 2.Adopt a resolution authorizing the City Manager to execute professional services agreements 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 and authorizing a professional services procurement exemption. Executive Summary The City of Oceanside, in partnership with the City of Carlsbad, has been approved to receive $11.4 million in state funds to be used to help people who are living in encampments along State Route 78 and Buena Vista Creek, along the border of the two cities, move out of homelessness. The City of Oceanside was the lead applicant. The City Council is being asked to authorize the City Manager to execute a memorandum of agreement with the City of Oceanside to accept Carlsbad’s $5,336,579 portion of the grant. Staff are also requesting the City Council authorize the City Manager to execute related agreements with three homeless services providers – the Community Resource Center, Whole Person Care Clinic and Catholic Charities Diocese of San Diego – to help these people move into stable housing. Aug. 27, 2024 Item #4 Page 1 of 65 The remainder of the grant funds received by the city will be used for city staff and administration costs. The proposed professional services agreements require the City Council’s approval under Carlsbad Municipal Code Section 3.28.040 because the contract amounts exceed $100,000 per agreement year. Because of the grant timing requirements and unique nature of these services, as detailed below, staff are also recommending the City Council approve an exemption to the city’s procurement requirements. To meet the deadline to start services provided under the grant agreement, the City Manager must execute professional services agreements with these providers just 30 days after the memorandum of agreement is fully executed. Explanation & Analysis Background The City Council approved a new five-year strategic plan in 2022 that reaffirmed its commitment to reducing homelessness and its impacts on the community. In alignment with this overall strategic plan, the City Council approved the updated Homelessness Action Plan on Feb. 7, 2023. The plan outlines programs and initiatives that the city plans to carry out over the next five years, including pursuing external funding sources to expand services that help reduce homelessness. This grant will support the following actions specified in the Homelessness Action Plan • Initiative 1.1(a) Maintain staff dedicated to homeless services and homeless outreach. • Initiative 1.1 (c) Identify one-time and ongoing funding sources. • Initiative 1.2 (b) Maintain rapid re-housing options to improve wait time to more permanent housing. • Initiative 2.2 (d) Continue to enhance housing-focused services at La Posada through added staff capacity, technical assistance and training. • Initiative 2.2 (h) Expand access to non-emergency healthcare through more accessible care, including at La Posada, and by creating more connections to referral pathways. • Initiative 4.1 (c) Participate in regional efforts and initiatives regarding homelessness. • Initiative 4.1 (d) Pursue collaborative approaches, when feasible, that contribute to capacity and/or resources in the region. Encampment Resolution Funding Program grant The California Interagency Council on Homelessness established the Encampment Resolution Funding Program grant to help local governments provide services and support that result in meaningful paths to safe and stable housing for people experiencing homelessness in encampments. • The City of Oceanside, as the lead applicant, submitted a joint proposal with the City of Carlsbad in January 2024, requesting an $11,398,466.52 grant to support services for up to three years. • The state announced it had awarded the cities the full amount in April 2024. Aug. 27, 2024 Item #4 Page 2 of 65 What the grant will pay for The proposal is focused on the Carlsbad and Oceanside border areas along the State Route 78 and the Buena Vista Creek. This location was selected largely due to the history of community complaints regarding people experiencing homelessness in this area, which have cited concerns about substance abuse, cleanliness and trash issues, as well as people with apparent mental health symptoms being near businesses, schools, parks and other potentially sensitive areas. This program will allow both cities to address homelessness in the area no matter which side of the cities’ border people are on. This focus is intended to make a significant impact within the community by helping people experiencing homelessness move to permanent housing destinations, reducing the community impacts of homelessness in these areas and addressing public concerns. This will help advance the City Council-approved Homelessness Action Plan. The table below shows the proposed programs and funding identified in Carlsbad’s portion of the proposal: Agency Services 3-Year Amount Community Resource Center Provide mental health support, housing coordination, and rapid re-housing and housing stability assistance $3,545,052 Whole Person Care Clinic Provide street-based medicine and healthcare coordination $813,750 Catholic Charities Provide low-barrier shelter at La Posada de Guadalupe1 $491,400 City of Carlsbad Assist with coordinating all grant activities and managing subcontracts $486,376.28 Total $5,336,578.28 As shown in the table, the grant will provide $486,376.28 in funding for Housing & Homeless Services Department staff salaries and benefits, which includes the costs of coordinating the delivery of services and administering the grant. This will reduce the city’s General Fund budget 1 The state defines a low-barrier shelter as one that is temporary with the services needed to help homeless individuals and families quickly obtain permanent housing. These shelters follow the best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items and privacy. Aug. 27, 2024 Item #4 Page 3 of 65 I _I/ jN 2mi toward the Homeless Services Division by $486,376.28 in total over the three years covered by the grant. Funding for these services was not included in the Homelessness Action Plan Funding Plan or the city’s Fiscal Year 2024-25 Operating Budget because staff were not notified of the grant award until April 2024, nine months into the fiscal year. To receive the grant revenue and meet grant requirements, the City Council will need to amend the FY 2024-25 budget to appropriate the expenses. Grant requirements As the lead applicant, the City of Oceanside will sign an agreement directly with the State of California for the Encampment Resolution Funding Program. Oceanside city staff are scheduled to present the agreement and the memorandum of understanding to the Oceanside City Council this month. To accept its portion of the grant funding, the City of Carlsbad must execute a memorandum of agreement with the City of Oceanside. The city will assist the City of Oceanside with implementing the program and ensuring that all grant requirements with the state are met. The grant is specifically intended to help move people from encampment areas out of homelessness and into stable housing. As a part of the grant application, Carlsbad proposed a strategy for the encampment grant area which prioritizes housing solutions and coordinates with law enforcement to address criminal behavior without criminalizing homelessness. As the City Council directed, staff are looking into how the city could amend local ordinances to address sleeping outside or in a vehicle in light of the recent Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, which prohibited cities from enforcing public-camping restrictions unless adequate shelter space was available. Accepting this grant could limit the city’s ability to ban merely sleeping outside or in a vehicle in areas covered by the grant. This is because a ban addressing sleeping would result in criminal or civil citations for that necessary human activity when there are no other alternatives and would only displace people experiencing homelessness to another unsheltered location. It is unclear at this time whether the grant would also limit the city’s ability to enforce any unlawful camping ordinance in city parks that are within the area covered by the grant. Staff are researching this question. Receiving the grant does not, however, curtail the Police Departments ability to protect the public against criminal behavior throughout the entire city. Procurement exemption The California Interagency Council on Homelessness requires that the services to be provided under this grant program start no later than 30 days after all approvals have been obtained and the grant agreement is fully executed, or on the date set by the interagency council. This means that the city’s subcontractor agreements must also be executed and that the services to homeless persons must commence within this limited timeframe. Failure to do so could result in termination of the grant agreement. This grant proposal also includes partnerships and subcontracts with Community Resource Center, Whole Person Care Clinic and Catholic Charities Diocese of San Diego. All these service Aug. 27, 2024 Item #4 Page 4 of 65 providers are currently under contract with the city for the same or similar services, have been responsive to previous homelessness services requests for proposals and/or have been long- term, successful partners with the city addressing homelessness. Because of these limiting factors and time constraints, and the unique nature of the specialized services involved, staff have concluded that it’s impractical to complete a request for proposals process to identify subcontractors for the Encampment Resolution Fund Program in the time allotted and that it is in the city’s best interest to contract with these three providers to provide these grant-funded services. Accordingly, the proposed resolution (Exhibit 2) requests a professional services procurement exemption under Carlsbad Municipal Code Section 3.28.110 (N), 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.” The city’s Purchasing Officer reviewed the exemption request, agreed that the request complies with the reasons identified in Carlsbad Municipal Code Section 3.28.110 (N) and is recommending that the City Council approve the professional services procurement exemption. A memorandum detailing this exemption request is provided as Attachment D to Exhibit 2. Fiscal Analysis The full grant amount of $5,336,578.28 will need to be appropriated in the city’s operating budget State Grant Special Revenue Fund by a City Council resolution (Exhibit 1). The grant provides funding for some staff costs related to program delivery and grant administration. The city will have a total General Fund savings of $486,376.28 over the next three fiscal years because the grant includes funding for Housing & Homeless Services Department staff salaries and administrative costs. Next Steps The City Manager will execute a memorandum of agreement with the City of Oceanside and professional services agreements with the organizations providing the grant services. Staff will manage the grant program and oversee subcontractors and provide updates to the City Council during the annual and semi-annual homelessness update reports. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution authorizing memorandum of agreement 2. City Council resolution authorizing professional services agreements Aug. 27, 2024 Item #4 Page 5 of 65 Exhibit 1 August 27, 2024 Item #4 Page 6 of 65 RESOLUTION 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 1.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 requested; and WHEREAS, the California lnteragency Council on Homelessness requires that 50% of the funds be expended by June 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 Agreement with the City of Oceanside and totals $5,336,578.28. August 27, 2024 Item #4 Page 7 of 65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager, or designee, is hereby authorized to execute a Memorandum of Agreement between the City of Carlsbad and the City of Oceanside for the Encampment Resolution Funding Program {Attachment A in substantially final form) and execute all documents related to the implementation of the Encampment Resolution Funding grant, subject to review and approval by the City Attorney. 3. That the City Manager, or designee, is hereby authorized to appropriate $5,336,579 to the State Grant Special Revenue Fund's Fiscal Year 2024-25 Operating Budget. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of August, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) 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 unshel\ered 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 medicine, 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 proceed ing 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 verdict 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 Each 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 City Attorney Approved Version 5/22/2024 Aug. 27, 2024 Item #4 Page 12 of 65 fn--~.1::cii~ Goi~.Qi.lr;;c. Carlsbad \ Page 5 "· 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 has 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 tbe 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 I. Fiscal Management 1.1. Fund Allocation and Distribution • Develop and implement a transparent process for the allocation and distribution of funds to adrutional subrecipients, 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 regulations regarding fund disbursement. • Maintain detailed records of all financial transaclions related to the grant. 1.2. Budget Monitoring • Monitor budgets of subrecipients to ensure expenditmes 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 of Oceanside and the State as required. 1.3. Financial Reporting • Prepare and submit quarterly and annual financial reports detailing the use of funds. • Ensure 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 repo1ting quarter. 2. Quality Assurance 2.1. Performance Monitoring • Develop and implement a performance monitoring plan to ensure that subrecipients 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 terms 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 with the City of Oceanside, additional subrccipients, and other stakeholders to ensure cohesive program implementation. • Facilitate regular meetings and communication among subrecipients to share best practices and address common challenges. • Serve as the primary point of contact for all grant-related inquiries. 3.2. Reporting to the City of Oceanside • Provide re6rular 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 Harm Reduction into the program design and execution. 5.1. Housing 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 staff will be Lrained to recogni:.-'.e 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 respectful enviromnents for all participants. This includes ensuring physical and emotional safety in shelters and during service provision. 5.3. Harm Reduction • Reducing Harm: The program 'Nill 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 use treatment, which are designed to meet them ·where they are and provide incremental supp01i toward healthier lifestyles. Aug. 27, 2024 Item #4 Page 16 of 65 5.4. Comprehensive and Coordinated Services • Low-Barrier Shelter: The program 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: Tbe program wi II 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 will comply with all terms and conditions of the Standard Agreement and Pro6>ram guidelines. • Regular Monitoring and Reporting: The City will conduct regular monitoring 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\-lcdicine: 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 the 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 HMIS with data transferred to the HDIS system qua1terly. Grantee assumes the responsibility of creating the applicable programs in the HMIS for each grantee, subgrantee and subrecipient in accordance with state requirements. Best Practices: • Individual-Centered Approac.h: Tailoring interventions to the unique needs, preferences, and goals of each person experiencing homelessness. • Housing First Philosophy: Prioritizing immediate access to housing without preconditions. • 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: Utilizing the Homeless Management Information System (HMlS) for real-time daLa tracking and coordinated service delivery. • Public Health and Social Determinants of Health: Addressing immediate medical, mental health, substance abuse, and benefits enrollment needs directly at encampment sites. By incorporating these strategies, best practices, and modalities, the Encampmenl 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 • Perfonnance monitoring plan and reports • Compliance review reports • Regular updates and reports to the City of Oceanside • Training materials and documentation The City of Carlsbad vvil I play a cri6cal role in ensuring the successfol 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 Coard inator 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 August 27, 2024 Item #4 Page 20 of 65 Exhibit 2 RESOLUTION NO. 2024-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY. MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH COM MUNITY 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 AND AUTHORIZING A PROFESSIONAL SERVICES PROCUREMENT EXEMPTION 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, t he City Counci l of the City of Carlsbad, Ca lifornia approved the City's updated Homelessness Action Plan on Feb. 7, 2023; and WHEREAS, on Jan. 31, 2024, the City submitted a joint Encampment Resolution Funding Program proposa l, with the City of Ocea nsi de as the lead applicant, for a total amount of $11,398,466.52 over three years; and WHEREAS, the cit y's Encampment Resolution Funding Program proposal includes 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 requested; and WHEREAS, the California lnteragency Council on Homelessness requires that 50% of the funds be expended by June 30, 2025, 100% of the 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 a Memorandum of Agreement with the City of Oceanside and totals $5,336,578.28; and WHEREAS, the city's Encampment Resolution Funding Program proposal and Memorandum of Agreement with the City of Oceanside identified Community Resource Center, Whole Person Care Clinic and Catholic Charities Diocese of Sa n Diego as partners and subcontractors; and August 27, 2024 Item #4 Page 21 of 65 WHEREAS, 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). August 27, 2024 Item #4 Page 22 of 65 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of August, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEl~Mayor SHERRY FREISINGER, City Clerk (SEAL) Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41 DC9E40DF 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." Page 1 City Attorney Approved Version 5/22/2024 Attachment A August 27, 2024 Item #4 Page 23 of 65 August 27, 2024 Item #4 Page 24 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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. Page2 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 25 of 65 Oocusign Envelope ID: 61047O37-444A-4321-B55E-BA410C9E40OF 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 Ca lifornia. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit sha ll 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 t his. 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. Page 3 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 26 of 65 Docuslgn Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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. Page4 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 27 of 65 Oocusign Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40DF 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 John Van Cleef Title Homeless Services Manager Title Chief Executive Officer Dept Housing & Homeless Services Address 650 2nd Street CITY OF CARLSBAD ENCINITAS, CA 92024 Address 1200 Carlsbad Village Drive Phone 760-230-6309 Carlsbad, CA 92008 Email johnvancleef@crcncc.org Phone 442-339-2284 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes □ No 12:1 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 em ployed 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. Pages City Attorney Approved version 5/22/2024 August 27, 2024 Item #4 Page 28 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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 t he 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 both parties. The representative receiving t he letter will reply to the letter along with a recommended met hod 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 the City Manager will be binding upon the parties involved, although not hing 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 t he Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, t he award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul t his City Attorney Approved Version 5/22/2024 Page 6 August 27, 2024 Item #4 Page 29 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF Agreement without liability, or, in its discretion, to deduet kom 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 t~e 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. City Attorney Approved Version 5/22/2024 Page7 August 27, 2024 Item #4 Page 30 of 65 Docuslgn Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 11 </\1.,1. {\ A /)-. Executed by Contractor this.-=l,,'-·'b_ ' __ day of __ nv' _ _;;_l,,j---+-v\_'-:::,_;_\ __ __,1 2024. CONTRACTOR Community Resource Center, a non-profit organization By: (sign here) John Van Cleef, Chief Executive Officer (print name/title) By: (sign here) Corrie McCoy, Chief Operating Officer (print name/title) RLSBAD, a municipal corporation of f California By: ATTEST: SHERRY FREISINGER, City Clerk By: Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. J!...g_ corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM : CINDIE K. McMAHON, City Attorney BY: dlluf~ f' rf>St Allegra Frost, Senior Assistant City Attorney City Attorney Approved Version 5/22/2024 Page 8 August 27, 2024 Item #4 Page 31 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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. City Attorney Approved Version 5/22/2024 Page 9 August 27, 2024 Item #4 Page 32 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41 DC9E40DF 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: City Attorney Approved Version 5/22/2024 Page 10 August 27, 2024 Item #4 Page 33 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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 City Attorney Approved Version 5/22/2024 Page 11 August 27, 2024 Item #4 Page 34 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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. City Attorney Approved Version 5/22/2024 Page 12 August 27, 2024 Item #4 Page 35 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF EXHIBIT B Vista ' r VISTA Carlsbad • \ '\ b , ..... EXHIBITC City Attorney Approved Version 5/22/2024 Page 13 August 27, 2024 Item #4 Page 36 of 65 Oocusign Envelope ID: 61047037-444A-4321-B55E-BA410C9E40DF BUDGET Activity Amount Personnel $1,560,000 Fringe Benefits $468,000 Housing Assistance $1,150,000 Operating Costs $198,240 Administrative Fees $168,812 Total $3,545,052 City Attorney Approved Version 5/22/2024 Page 14 Attachment B August 27, 2024 Item #4 Page 37 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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." Page 1 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 38 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41 DC9E40DF 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. Page 2 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 39 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41 DC9E40DF 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. Page3 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 40 of 65 Docusign Envelope ID: 6104 7D37-444A-4321-B55E-BA41 DC9E40DF 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City." 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty {30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 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. Page 4 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 41 of 65 Oocusign Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40OF 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. Page 5 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 42 of 65 Docusign Envelope ID: 61047D37-444A-4321-BSSE-BA41DC9E40DF 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 City Attorney Approved Version 5/22/2024 Page6 August 27, 2024 Item #4 Page 43 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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 t o 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 t hat 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. City Attorney Approved Version 5/22/2024 Page 7 August 27, 2024 Item #4 Page 44 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF Executed by Contractor this flJ6 -~ day of kj ~ , 2024. CONTRACTOR Catholic Diocese of San Diego, a non-profit organization By: (sign here) Appaswamy "Vino" Pajanor, CEO (print name/title) By: (sign here) (print name/title) By: ATTEST: LSBAD, a.municipal corporation of California SHERRY FREl~INGER, City Clerk By: {L ~ Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached . .!f...g_ corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: OUuf~ f rosf Allegra Frost, Senior Assistant City Attorney City Attorney Approved Version 5/22/2024 Page 8 August 27, 2024 Item #4 Page 45 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41 DC9E40DF 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/. City Attorney Approved Version 5/22/2024 Page9 August 27, 2024 Item #4 Page 46 of 65 Oocusign Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40DF 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 t he needs of those experiencing or at-risk of homelessness within t he City of Carlsbad. This plan can be found at https://www.carlsbadca.gov/departments/housing-homeless-services/homeless- outreach/homeless-response-plan. K. 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: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled subs~ance is prohibited and specifying 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 Sect ion 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 Govern ment 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 participat ion 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. Complete accurate and thorough documentation in a timely manner. Use the Homeless Management Information System {HMIS) to track Participants including documenting Case Notes and Exit 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 unduplicated Participants assisted b. Number of Participants placed in a higher level of care with HMIS ID c. Number of Participants placed in permanent housing with HMIS ID d. Participant length of stays e. Participant destination at exit f. Demographic data on Participants City Attorney Approved Version 5/22/2024 Page 10 August 27, 2024 Item #4 Page 47 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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. City Attorney Approved Version 5/22/2024 Page 11 August 27, 2024 Item #4 Page 48 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF EXHIBIT B Soc.llSQ<>!t Carlsbad Page 12 ,. S. Vista ~S.TA /-',. _L7 ( rr--- City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 49 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF Activity Personnel Fringe Benefits Meals and Supplies Operat ing Costs Administrative Fees Total EXHIBIT C BUDGET Page 13 Amount $210,000 $63,000 $150,000 $45,000 $23,400 $491,400 City Attorney Approved Version 5/22/2024 Attachment C August 27, 2024 Item #4 Page 50 of 65 Docusign Envelope IQ: 61047p37-444A-4321-855E-BA41DC9E40DF 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." Page 1 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 51 of 65 Docus1gn Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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. Page 2 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 52 of 65 Oocus1gn Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40OF 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. Page3 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 53 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41 DC9E40DF 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. Page4 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 54 of 65 Docusign Envelope ID: 61047D37--444A-4321-B55E-BA41DC9E40DF 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. Page 5 City Attorney Approved Version 5/22/2024 August 27, 2024 Item #4 Page 55 of 65 Docus1gn Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40DF 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 City Attorney Approved Version 5/22/2024 Page 6 August 27, 2024 Item #4 Page 56 of 65 Docusign Envelope ID: 61047D37-444A-4321-855E-BA41 DC9E40DF 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. City Attorney Approved Version 5/22/2024 Page 7 August 27, 2024 Item #4 Page 57 of 65 Docusign Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40DF n <::-\\,... f\ .L Executed by Contractor this._J/_O ___ day of __ ru,,""" . .>.....::::....:0....1-,Ml.Nc..c.:$_,_ \ __ __,, 2024. CONTRACTOR Whole Person Care Clinic, a non-profit organization By: (sign here) Mary L. Baker, Executive Director (print name/title) By: (sign here) Karen Pohl, Secretary (print name/title) By: ATTEST: LSBAD, a municipal corporation of California SHERRY FREISINGER, City Clerk By uL Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~ corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: 4Uuf"'-f rosf Allegra Frost, Senior Assistant City Attorney City Attorney Approved Version 5/22/2024 Page8 August 27, 2024 Item #4 Page 58 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF 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 City Attorney Approved Version 5/22/2024 Page 9 August 27, 2024 Item #4 Page 59 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40D~ 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 City Attorney Approved Version 5/22/2024 Page 10 August 27, 2024 Item #4 Page 60 of 65 Docusign Envelope ID: 61047O37-444A-4321-B55E-BA41DC9E40DF 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. City Attorney Approved Version 5/22/2024 Page 11 August 27, 2024 Item #4 Page 61 of 65 August 27, 2024 Item #4 Page 62 of 65 Docusign Envelope ID: 61047D37-444A-4321-B55E-BA41DC9E40DF Activity Personnel Fringe Benefits Transportation (Vehicle Purchase) Operating Costs Administrative Fees Total EXHIBITC BUDGET Page 13 Amount $450,000 $135,000 $100,000 $90,000 $38,750 $813,750 City Attorney Approved Version 5/22/2024 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 Ta mmy Cloud-McMinn From: Sent: To: Council Internet Email Tuesday, August 27, 2024 2:31 PM City Clerk Subject: FW: Upcoming 5 P.M. Carlsbad City Council Meeting to Address Homelessness • All Receive -Agenda Item #....2if L{ From: Jason Szymanski <jcs1279@gmail.com> Sent: Tuesday, August 27, 2024 1:41 PM For the Information of the: CITY COUNCIL Date3;J.~¥CA ~ r:c ✓ CM _ACM _ DCM (3)_ To: businessnews@sdbj.com; local@sduniontribune.com; news@foxSsandiego.com; team10@kgtv.com; news@kpbs.org; stories@coastnewsgroup.com Cc: council@oceansideca.org; rkeim@oceansideca .org; OPDHOT@oceansideca.org; citymanager@oceansideca.org; Keith Blackburn <keith.blackburn@carlsbadca.gov>; Council Internet Email <council@carlsbadca.gov>; ESanchez@oceansideca.org; codeenforcement <codeenforcement@carlsbadca.gov>; Mandy Mills <mandy.mills@carlsbadca.gov>; Chris Shilling <chris.shilling@carlsbadca.gov>; City Attorney <attorney@carlsbadca.gov> Subject: Upcoming 5 P.M. Ca rlsbad City Council Meeting to Address Homelessness Dear Press, I'm reaching out to inform you about an important upcoming City Council meeting that will focus on two critical agenda topics related to homelessness and the concerns raised by our community. These concerns include increased crime, encampments and litter, drug activity in playgrounds and public spaces, human trafficking, and other issues associated with homeless transients. The growing number of homeless individuals and the rise in community complaints have led the cities of Carlsbad and Oceanside to secure $11 million in state funds to address these challenges. However, the grant comes with limitations that may restrict the City's ability to ban outdoor or vehicle sleeping, as enforcement could lead to criminal or civil citations-a stipulation potentially not allowed under the grant's guidelines. While the primary aim of the grant is to provide housing and transitional services, it's unclear if the funds can be used for regular encampment cleanups. Studies show that 60-90% of homeless individuals decline outreach services, opting instead for a transient lifestyle that supports their drug habits, leading to increased criminal activities and creating unsafe public environments, especially for children. For example, over 40 homeless individuals were recently found camping behind a KinderCare near Highway 78 and College Boulevard. Additionally, the City of Carlsbad has permitted the Cole Library to function as a homeless service center, where transients can access facilities, charge cell phones, and sleep in the parking lot-spaces originally intended for families and children. Imagine taking your child to the library only to find someone visibly struggling with addiction nearby, their backpack filled with drugs. Or bringing your child to a playground where several individuals, clearly high on fentanyl, are loitering. This is the current reality at Carlsbad's Cole Library and Tyson Park in Oceanside, and I urge you to see it for yourself. This situation underscores the need for stricter enforcement and a city-wide ban on camping and loitering in public spaces. 1 Despite numerous encampment complaints, the City's response to cleanups and enforcement has been slow, largely due to an under-resourced Police department and encampment cleanup crews. I'm concerned that the $11 million grant may be disproportionately allocated toward a "housing first" approach, benefiting only a small number of individuals while failing to address the broader issues of loitering, littering, and the safety risks to our community. These funds should be used not only for transitional support but also for additional resources, including city cleanup crews, police enforcement, and reunification efforts, such as paid travel to return individuals to their home states. Moreover, a strict city-wide ban on camping and loitering in public spaces, combined with comprehensive transitional services, is crucial for achieving a lasting solution to this problem. Best regards , Jason https://www.carlsbadca.gov/city-hall/meetings-agendas/-folder-1006 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i 2 Tammy Cloud-McMinn From: Sent: To: Subject: Hi there, Tyler Collins <tylercollins116@gmail.com> Tuesday, August 27, 2024 5:19 PM City Clerk Comment on Agenda Items 3 & 4 for Carlsbad City Council Meeting 8/27 /24 I am remotely attending today's council meeting due to being out of town for my wife's friend's wedding. It is my understanding that remote comments are no longer allowed. In lieu of that, I would like to please submit the following comments to the official record. These comments are made by me, Tyler Collins, and pertain to Agenda Items 3 & 4 of the 5:00PM Carlsbad City Council Meeting on 8/27/24. Agenda Item #3 Comment "Greg Day and I have been talking about this matter for months. We believe Carlsbad should immediately begin implementing Chapter 8.36 of the municipal code, and getting the message out that Carlsbad is not an open ground for homeless encampments." Agenda Item #4 Comment "My concern with this program is that it will be State money which is usually tied to Housing First Initiatives and lots of other strings. Will we have full discretion over the use of this money? Given the continued failure of the State to effectively address homelessness, how is money controlled by Sacramento going to help us? Greg Day and I agree that Carlsbad should demand full discretion over how the money is spent." Best, Tyler Collins CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Hello, Jason Szymanski <jcs1279@gmail.com> Tuesday, August 27, 2024 12:51 AM City Clerk Agenda Item: 4 All Receive -Agenda Item # !}_ For the Information of the: _f_lT'f C,OUNCIL Dat~CA v cc .:::: CM ~ ACM .-OCM (3) ~ I have two questions concerning the agreement between the City of Oceanside and the State Encampment Resolution Funding Program Grant: 1. Addressing Individuals Refusing Outreach Services: How does the City plan to manage individuals who decline outreach services yet continue to establish encampments and loiter in public spaces? 2. Funding for Continuous Removal Efforts: Will the grant cover the ongoing removal of encampments for individuals who refuse services? If not, what steps will the City take to handle the removal of such encampments? Thank you. Best regards, Jason C. Szymanski Carlsbad Resident CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 August 27, 2024 Mandy Mills, Director Housing & Homeless Services Chris Shilling, Homeless Services Manager Housing & Homeless ServicesENCAMPMENT RESOLUTION FUNDING GRANT AWARD (ERF-3-R) Encampment Resolution Funding Grant Award 2 Background •Applied with the City of Oceanside •Awarded a total of $11.4 million •1 of 20 awards. Only award in San Diego County •Helps people exit encampments to shelter and housing •City Council approval for actions to sign MOA and implement awarded activities Background Carries out initiatives in the Homelessness Action Plan Encampment Resolution Funding Grant Award 3 4 Priority Areas •Focuses on State Route 78 and the Buena Vista Creek Encampment Resolution Funding Grant Award Grant Model •By-Name List •Multi-disciplinary teams •Outreach Social Worker •Peer Support •Substance Abuse Coordinator •Mental Health Clinician •Housing Navigator •Street Medicine Encampment Resolution Funding Grant Award 5 Grant Model •Interim Housing •La Posada Shelter •Oceanside Navigation Center •Oceanside Bridge Housing •Oceanside Safe Parking Program •Motel Vouchers •Other Programs Encampment Resolution Funding Grant Award 6 Grant Model •Permanent Housing •Family Reunification •Housing Choice Vouchers •Rapid Re-housing •Coordinated Entry •Other Programs Encampment Resolution Funding Grant Award 7 Oceanside’s Role •Oversee contract with the state •Complete state reporting •Coordinate By-Name List •Administer the outreach/substance abuse contract with Interfaith Community Services Encampment Resolution Funding Grant Award 8 Carlsbad Grant Programs Encampment Resolution Funding Grant Award 9 Agency Role 3-Year Amount City of Carlsbad Coordinate all grant activities and manage the subcontracts $486,376 Community Resource Center Provide mental health support, housing coordination, rapid re-housing and housing stability assistance $3,545,052 Whole Person Care Clinic Provide street-based medicine and healthcare coordination $813,750 Catholic Charities Provide shelter at La Posada de Guadalupe $491,400 Total $5,336,578 Use of Grant Funds •Serve 350 people over 3 years •Provide wrap around supportive services with pathways to permanent housing •Grant funds cannot be used for costs related to law enforcement or public works Encampment Resolution Funding Grant Award 10 Grant Impact •Increases city’s ability to move people from encampments to housing •Helps target problematic areas of the city •Increases regional collaboration •No cost to the General Fund •Provides $486,000 over three years for Carlsbad Housing & Homeless Services staff and administrative costs Encampment Resolution Funding Grant Award 11 Oceanside Approval •Oceanside accepted grant and approved MOA on Aug. 21, 2024 •Thank you to Oceanside Housing & Neighborhood Services Staff for their partnership Encampment Resolution Funding Grant Award 12 Recommended Action •Authorizing City Manager to execute a memorandum of agreement with the City of Oceanside and authorizing the City Manager to appropriate $5,336,579 to the State Grant Special Revenue Fund’s fiscal year 2024-25 operating budget. •Authorize professional services agreements to provide services to assist individuals and households experiencing homelessness and approve procurement exemption. Encampment Resolution Funding Grant Award 13 Questions? Encampment Resolution Funding Grant Award 14