HomeMy WebLinkAboutCatholic Charities Diocese of San Diego; 2024-08-28;August 27, 2024 Item #4 Page 37 of 65
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AGREEMENT FOR HOMELESS SHELTER SERVICES
CATHOLIC CHARITIES DIOCESE OF SAN DIEGO
AGREEMENT is made and entered into • as of the '2..£.ft--day of
~ 2024, by and between the City of Carlsbad, California, a municipal
City") and Catholic Charities Diocese of San Diego, a non-profit organization, ("Contractor").
RECITALS
A. City requires the professional services of a consultant that is experienced in providing
housing navigation services to people experiencing homelessness at the La Posada de Guadalupe
homeless shelter located in the City of Carlsbad.
B. Contractor has the necessary experience in providing professional services and advice
related to all of the areas set forth in recital A.
C. Contractor was included in the City's grant proposal to t he California lnteragency Council
on Homelessness for these services and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that
are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this
Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area, and will use reasonable diligence and best judgment while exercising its
professional skill and expertise.
3. TERM
The term of this Agreement will be effective from the date first above written to June 30, 2027. The City
Manager may amend the Agreement to extend it for six (6) additional month(s) or parts thereof.
Extensions will be based upon a satisfactory review of Cont ractor's performance, City needs, and
appropriation of funds by the City Council. The parties will prepare a written amendment indicating the
effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
four hundred ninety-one thousand four hundred dollars ($491,400). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this Agreement. The City
reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or
Services specified in Exhibit "A."
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August 27, 2024 Item #4 Page 38 of 65
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Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of City. Contractor will be under control of
City only as to the result to be accomplished, but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct
the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and
omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the
subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor.
Nothing contained in this Agreement will create any contractual relationship between any subcontractor
of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind
every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement
applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved
in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City
and its officers, elected and appointed officials, employees and volunteers from and against all claims,
damages, losses and expenses including attorney's fees arising out of the performance of the work
described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable.
If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's
performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor's liability for such claim, including the
cost to defend, shall not exceed the Contractor's proportionate percentage of fault.
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The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City's self-administered workers' compensation is included as
a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all amendments,
insurance against claims for injuries to persons or damage to property which may arise out of or in
connection with performance of the services by Contractor or Contractor's agents, representatives,
employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a current
Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of
Approved Surplus Line Insurers {LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X";
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAie)
latest quarterly listings report.
10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations
under this Agreement. City, its officers, agents and employees make no representation that the limits of
the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect
Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense.
The full limits available to the named insured shall also be available and applicable to the City as an
additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
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15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
For Citv: For Contractor:
Name Chris Shilling Name Appaswamy "Vino" Pajanor
Title Homeless Services Manager Title Chief Executive Officer
Dept Housing & Homeless Services Address 3888 Paducah Drive
CITY OF CARLSBAD SAN DIEGO, CA 92117
Address 1200 Carlsbad Village Drive Phone 619-323-2842
Carlsbad, CA 92008 Email vpajanor@ccdsd.org
Phone 442-339-2284
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
16. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes D No ~
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
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18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit t he CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A
copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the City Manager. The City Manager will consider t he facts and solutions recommended
by each party and may then opt to direct a solut ion to the problem. In such cases, the action of t he City
Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
21. TERMINATION
In the event of t he Contractor's failure to prosecute, deliver, or perform the Services, City may terminate
this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City
decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City
may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is usable
and of worth to City in having the Agreement completed. Based upon that finding City will determine the
final payment of the Agreement.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering t hirty (30) days written notice to City. In the event of
termination of this Agreement by either party and upon request of City, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for
work performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than a
bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award
or making of t his Agreement. For breach or violation of this warranty, City w ill have the right to annul this
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EXHIBIT A
SCOPE OF SERVICES
A. Provide a minimum of one (1) full-time Housing Navigator. It is strongly desired to have a staff
member who is bilingual in both English and Spanish. The Housing Navigator will provide
housing location assistance and other housing related services to people experiencing
homelessness at the La Posada de Guadalupe homeless shelter ("Participants"). The Housing
Navigator will prioritize Participants who were previously residing within the Encampment
Resolution Program area which is attached as Exhibit "B".
B. Ensure Housing Navigator receives training in all of the following areas within the first 6 months
of employment and at least once every 3 years thereafter: Cultural Competency,
Documentation/HMIS, Motivational Interviewing, Assertive Engagement, Trauma-Informed
Care, Harm Reduction, First Aid/CPR, Overdose Response, Mental Health First Aid, Mental
Health Recovery, Self-Care and Vicarious Trauma, Professional Boundaries, Coordinated Entry,
Safety, Ethics, Effective Goal Setting, and Mandated Report!ng. City shall determine the
appropriate type and number of training sessions required on a case-by-case basis, based on the
length and depth of the training course.
C. Participate in the Encampment Resolution Funding Program collaborative recruitment and hiring
effort as coordinated by the City with other contracted partners.
D. Ensure all staff members attend 100% of Encampment Resolution Funding Program
collaborative trainings as coordinated by the City.
E. Attend 100% of Enc_ampment Resolution Funding Program coordinating and case conferencing
meetings.
F. Develop and implement individualized strength-based housing plans in partnership with
Participants and link Participants to appropriate housing options.
G. Assist Participants to identify and access housing options such as: reunification with family or
friends, independent living associations, private rentals, rapid rehousing, and permanent
supportive housing resources.
H. Screen Participants using the Coordinated Entry Common Assessment Tool as appropriate.
Provide ongoing follow-up and Homeless Management Information System (HMIS) updates to
maintain Participants on the Coordinated Entry Community Queue.
I. Notify City of current and upcoming bed vacancies and provide priority bed access to City and
other Encampment Resolution Program grant partners. Set aside 3 beds for the Encampment
Resolution Program over the 3-year grant period.
J. Maintain responsive and timely communication, both written and verbal, with City staff. Attend
monthly meetings with City staff to review and discuss programmatic needs.
A. Adhere to the Regional Task Force on Homelessness (RTFH) Coe Community Standards which
ca n be found at https://www.rtfhsd.org/about-coc/standards-learning-training/.
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P. Provide City with billing invoices by the 15th of each month. The invoice template must be
approved by City and shall include accompanying documentation for funds expended, which
shall include but not be limited to documentation of timecards and office supplies.
Q. Operate within the budget set forth in Exhibit C.
a. If there is a possibility that any portion of the total fee payable f~r the Services under
the Agreement is not expended by the date of contract termination, City a~d Contractor
agree to mutually decide how such excess funds will be allocated in the budget. In such
case, Contractor agrees to draft an amended budget (a new Exhibit C) to re-allocate the
excess funds, which will require a contract amendment subject to approval by the city
manager or designee.
b. City and Contractor further agree to discuss and mutually determine any necessary
changes to the budget during the lifetime of the Agreement. In the event of a mutually
agreeable budget modification, Contractor-~grees to draft an amended budget (a new
Exhibit C), which will require a contract amendment subject to approval by the city
manager or designee.
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