HomeMy WebLinkAbout2020-05-19; City Council; Resolution 2020-091RESOLUTION NO. 2020-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING A CONTRACT WITH AND RECEIPT OF
HOMELESSNESS PREVENTION AND INTERVENTION FUNDS FROM THE STATE
OF CALIFORNIA AND AUTHORIZING A SECOND CONTRACT WITH
DESIGNATED PARTNER AGENCY, THE COMMUNITY RESOURCE CENTER
WHEREAS, the 2019-20 Governor's Budget dedicated one (1) million dollars to fund Encinitas,
Carlsbad, Oceanside and Vista with $250,000 each for homelessness prevention and intervention
services in partnership with the Community Resource Center ("CRC"), a non-profit social services
outreach organization based in Encinitas. These funds are also known as District 76 Homelessness
Prevention and Intervention Funds ("District 76 HPIF");
WHEREAS, the City of Carlsbad must accept the District 76 HPIF through a Standard Agreement
with the Department of Housing and Community Development ("HCD");
WHEREAS, upon acceptance of the District 76 HPIF, the City of Carlsbad seeks to solidify its
partnership with the CRC through the execution of a one-year Professional Services Agreement ("PSA")
that would require the City of Carlsbad to pay the CRC $237,500 of the District 76 HPIF, the remaining
funds to be retained by the City for administrative costs;
WHEREAS, the PSA would require the CRC to assist 40 individuals, households or families who
are homeless or who are at risk of homelessness in the City of Carlsbad with strategic basic needs,
including finding appropriate, affordable long-term housing placements;
WHEREAS, the City's Homeless Program Manager seeks to formalize the City's authority to
execute both the Standard Agreement with HCD accepting District 76 HPIF and the PSA with the CRC
expending the District 76 HPIF over the course of a one-year period;
WHEREAS, the City Council of the City of Carlsbad finds that the aforementioned contracts with
HCD and the CRC represent important and timely opportunities for the City to expedite an increasing
demand for local homelessness prevention and intervention services, and that these contracts fulfill
urgent needs or gaps in the city's current Homeless Response Plan, as well as fulfill other potential
state homelessness outreach goals that are either existing or foreseeable; and
WHEREAS, the City Council of the City of Carlsbad finds that the health, safety and welfare of
all residents would be better served by entering into the aforementioned contracts with HCD and the
CRC to assist the City's homeless residents;
May 19, 2020 Item #6 Page 6 of 38
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 is hereby authorized to execute the Standard Agreement between
HCD and the City of Carlsbad, a copy of which is attached as Exhibit 2.
3. That the city manager is hereby authorized to execute the Professional Services
Agreement between the CRC and the City of Carlsbad, a copy of which is attached as
Exhibit 3 (including internal Exhibits A and B).
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the 19th day of May 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
(SEAL)
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May 19, 2020 Item #6 Page 7 of 38
STATE OF CALIFORNIA -DEPARTMENT OF GENERAL
SERVICES
STD 213 (Rev. 03/2019) 19-GFD-12932
PURCHASING AUTHORITY NUMBER (if applicable) STANDARD AGREEMENT i-. -AGREEMENT NUMBER
1. This Agreement is entered into between the Contracting Agency-and the Cont'=ra:-:ct:;:o:-:r-=n-=a=m=e:,d~be=-1=0w':":::----------------__J
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT -------------------------------CONTRACTOR'S NAME
City Of Carlsbad
2. The term of this Agreement is:
-----------~~-~ --START DATE
Upon HCD Approval
"'T,,..H=R-cO--cU.,..,G~H.,--,=E.,-,N=D--,D,--A""T=E=--------·-~ .. ,.-. -
06/30/2020
3. The maximum amount of this Agreement is:
$250,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the
Agreement. -------------~·-·---.. -·-·---------EXHIBITS TITLE
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of California General Terms and Conditions
Exhibit D State of California General Terms and Conditions
Exhibit E Special Conditions
~AGES
I iTC-04/2017
0
Exhibit F Additional Provisions
TOTAL NUMBER OF PAGES ATTACHED
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership.etc.)
City of Carlsbad
I CITY Carlsbad
STATE
CA
0
0
6 pages
I ZIP 92008
Tct M
------t-='DA7'=T=E=s t,N,=ED___,_a_-=c_n~ll ...... ~-¼---v-
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130
PRINTED NAME OF PERSON SIGNING
Synthia Rhinehart
,---------'---~'-'uZ.7>
STATE OF CALIFORNIA
-------
CITY
Sacramento
STATE
CA
TITLE
Contracts Manager,
IZIP -
95833
Business & Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of-General Services Approval (or exemption, if applicable)
Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981)
May 19, 2020 Item #6 Page 8 of 38
May 19, 2020Item #6 Page 9 of 38EXHIBIT A AUJHORIJY. PURPOSE. AND scopE Of WORK 1. Authority City of Carlsbad 19-GFD-12932 Page 1 of 1 Pursuant to item 2240-103-0001 of section 2.00 of the Budget Act of 2019 (Chapter 23 of the Statutes of 2019) (the "Statute"), the Department of Housing and Community Development (the "Department") shall allocate the designated funding to the specified city, county, or city and county, or other entity, as enumerated in the Statute. (Exhibit 8) This Agreement is entered into under the authority of, and in furtherance of the purposes of, the Statute. 2. purpose In accordance with the authority cited above, the Department shall distribute $250,000 to the City of Carlsbad. 3. scope ot work This distribution is for homelessness prevention and intervention services in partnership with the Community Resource Center. This funding would expand existing homelessness services, including, but not limited to: case management, housing navigation, domestic violence shelters, substance abuse and mental and medical health services. 4. Monitoring The City of Carlsbad shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as laid out in the Scope of Work. These books, records, documents, and other evidence shall be made available for audit and inspection by the Department for a pe_riod of three years.
May 19, 2020Item #6 Page 10 of 38EXHIBIT B Budget Detail and Payment Provisions The Budget Act of 2019 City of Carlsbad 19-GFD-12932 Page 1 of 1 2240-103-0001-For local assistance, Department of Housing and Community Development.. ................ 25,700,000 Schedule: 1665-Financial Assistance Program .............................................. 25, 700,000 Provisions: (1-7 omitted) 8. Of the amount appropriated in this item, $1,000,000 shall be available to provide the cities of Encinitas, Carlsbad, Oceanside, and Vista $250,000 each for homelessness prevention and intervention services in partnership with the Community Resource Center. This funding would expand existing homelessness services, including, but not limited to: case manage,:nent, housing navigation, domestic violence shelters, substance abuse and mental and medical health services.
May 19, 2020Item #6 Page 11 of 38GTC 04/2017 GENERAL TERMS AND CONDITIONS EXHIBITC City of Carlsbad 19-GFD-12932 Page 1 of 4 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees. to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code § 10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. Page 1 of 4
May 19, 2020Item #6 Page 12 of 388. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code § 12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis ofrace, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder ( Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, § 11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. Page 2 of 4
May 19, 2020Item #6 Page 13 of 3814. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 ( commencing with section 5200) of Part 5 of Division 9 of the Family Code; and Page 3 of 4
May 19, 2020Item #6 Page 14 of 38b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: . a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract ( or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract ( or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§ 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344( e ). ) Page 4 of 4
AGREEMENT FOR USE OF STATE HOMELESSNESS PREVENTION AND INTEVENTION
FUNDS BETWEEN CITY OF CARLSBAD AND
COMMUNITY RESOURCE CENTER
THIS AGREEMENT is made and entered into as of the 1st day of July, 2020, by and
between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Community Resource
Center, a non-profit organization, ("Contractor").
RECITALS
A. City requires the professional services of an organization that is experienced in
providing housing navigation and case management services for assessment, diversion,
placement, prevention and stabilization of its homeless or imminently homeless residents.
B. . Contractor has the necessary experience in providing professional services and
advice related to all of the areas set forth in recital A.
C. Contractor has submitted a proposal to City and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference in
accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one year from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1 )-
year period 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
A. The total fee payable for the Services to be performed during the initial Agreement term will be
two hundred thirty-seven thousand five hundred dollars ($237,500) in state grant funds from the
Department of Housing and Community Development. Contractor's employees will provide case .
management and housing navigation services as provided in Exhibit "A" using these funds.
Incremental payments, if applicable, should be made as outlined in Exhibit "A". Contractor's
budget for expenditure of these funds is set forth in Exhibit "B."
B. No other compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement.
City Attorney Approved Version 6/12/18
Exhibit 3
May 19, 2020 Item #6 Page 15 of 38
C. If the City elects to extend the Agreement, the amount shall not exceed two hundred thirty-
seven thousand five hundred dollars ($237,500) per Agreement year. . _
D. 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".
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,
although Contractor may utilize the supplementary assistance of one (1) MSW Intern as described
in Exhibit "A." If Contractor subcontracts any 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 indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
City Attorney Approved Version 6/12/18
2 May 19, 2020 Item #6 Page 16 of 38
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amoun~s of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1 .2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1 ,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
10.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
City Attorney Approved Version 6/12/18
3 May 19, 2020 Item #6 Page 17 of 38
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will . obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Holly Nelson
Title Homeless Program Manager
Department Police ----------
City of Carlsbad
Address 2560 Orion Way
Carlsbad, CA 92010
Phone No. 760-931-3824
4
For Contractor
Name John Van Cleef
Title Chief Executive Officer
Address 650 2nd Street
Encinitas, CA 92024
Phone No. 760-230-6309
Email johnvancleef@crcncc.org
City Attorney Approved Version 6/12/18 May 19, 2020 Item #6 Page 18 of 38
Email:
Holly.nelson@
carlsbadca.gov
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 in all categories.
YesD -No ■
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to· the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. 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
City Attorney Approved Version 6/12/18
5 May 19, 2020 Item #6 Page 19 of 38
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.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event 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.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. 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.
23. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
24. 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.
25. 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
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6 May 19, 2020 Item #6 Page 20 of 38
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.
26. 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.
CONTRACTOR
By:
By:
(sign here)
(print name/title)
RLSBAD, a municipal
f the State of California
By:
Scott adwick, City Manager or
Geoff Patnoe, Assistant City Manager
ATTEST:
\ imGJD__KrrLJJi,~
~RBARA ENGLESON tt" CTfy Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a 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:
CELIA A. BREWER, City Attorney
Marissa Kawecki
Deputy City Attorney
City Attorney Approved Version 6/12/18
7 May 19, 2020 Item #6 Page 21 of 38
Contractor shall:
EXHIBIT "A"
SCOPE OF SERVICES
A. Provide at least two (2) staff members comprised of one (1) housing navigator at .25 FTE (10
hours per week) and one (1) case manager at .50 FTE (20 hours per week), each of whom must
provide the direct services or direct assistance to the City's homeless residents or those
residents at risk of becoming homeless ("Participants"). Contractor may retain the assistance of
one (1) second-year MSW student from Cal State San Marcos to supplement the staffing hours
as stated, to achieve the outcomes as identified in this Exhibit "A." The MSW student shall
receive a stipend in a range between $4,000 and $8,000 of the contract value.
B. All staff must possess a bachelor's degree and have one (1) year of case management
experience working with vulnerable populations, such as persons experiencing homelessness,
co-occurring disorders, serious mental illness, criminal justice-involved or medically fragile. It is
strongly desired to have at least one (1) staff member who is bilingual in both English and
Spanish.
c. Provide services during its regular business hours, between 8:30 a.m. and 5 p.m., Monday
through Friday. This agreement does not contemplate emergency services or after-hour
obligations, with the exception of participating in public meetings as requested by City. All
holidays observed by City may be excluded from these days and hours of operation.
D. Offer services to Participants at designated locations primarily within, but not limited to, the City
of Carlsbad. These locations may include Contractor's offices in Carlsbad and Encinitas, City
facilities, faith-based centers, City community sites, public locations or Participants' homes.
Service locations shall be determined and modified as needed based on Participant need and
convenience. Contractor staff travel is expected in this role and reliable transportation is
required.
E. Abide by the strategies set forth in City's Homeless Response 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 .
F. Assist at least 20 individuals, households or families who are homeless, prioritizing those who
are chronically homeless, homeless seniors and other vulnerable homeless populations in the
City of Carlsbad with strategic basic needs, including finding appropriate, affordable long-term
housing placements. In accomplishing this goal, Contractor's Housing Navigator, Case Manager~
and MSW intern shall use their best, good faith efforts to complete an assessment, apply
diversion strategies, develop an individualized case plan and assist such Participants with
obtaining housing and addressing other barriers that may interfere with future housing stability.
Case management services shall include financial resources including but not limited to short-
term rental assistance for a maximum duration of 9 months, utility assistance, security deposit
assistance, housing applications, renter's insurance, employment assistance, new move-in
expenses and all other costs interfering with Participants' ability to establish housing. All
1
May 19, 2020 Item #6 Page 22 of 38
services other than short-term rental assistance shall be provided for a duration not to exceed
12 months or the date of contract termination, whichever is sooner.
G. Assist at least 20 individuals, households or families who are at risk of becoming homeless in the
City of Carlsbad as follows: Contractor's Housing Navigator, Case Manager and MSW Intern shall
use their best, good faith efforts to complete an assessment; apply diversion strategies; develop
a case plan; and assist participants with stabilizing their housing placements with rental
assistance, mediation and advocacy, utility assistance, security deposit assistance, employment
assistance and all other costs interfering with such Participants' ability to maintain their current
household. Contractor agrees to stabilize these Participants' immediate housing needs, while
continuing to provide case management services and identifying other potential barriers that
may impact Participants' future housing stability. Housing assistance shall be provided for a
duration not to exceed 9 months. All other services shall be provided for a duration not to
exceed 12 months or the date of contract termination, whichever is sooner.
H. Operate within the guidelines and principles of the Housing First Model. Contractor will not
require Participants to address the full scope of their issues, challenges or barriers before they
can access housing, nor will Contractor mandate participation in services either before obtaining
housing or in order to retain housing. Supportive services such as rental assistance,
landlord/tenant advocacy, security deposits, utility assistance and late fees shall be offered to
support Participants with housing stability and individual well-being, but Participants are not
required to accept these services. is not required.
I. Bridge Participants into interim housing resources, such as congregate shelters, transitional
housing programs or hotel/motel vouchers, while they search for permanent housing resources.
J. Connect or refer Participants who desire or need a higher level of care with appropriate
community resources, such as mental health referrals to Assertive Community Treatment (ACT),
substance use treatment programs, Whole Person Wellness (WPW), Veterans Affairs Supportive
Housing (VASH) or Permanent Supportive Housing (PSH) units.
K. Address financial needs and barriers with Participants by creating a budget and providing
financial literacy. Refer Participants who do not have sustainable income to appropriate job
training programs, employment resources, Social Security benefits and other long-term, public
benefit programs, so they are able to maintain their housing placement.
L. Receive intervention referrals and make referrals to and from the Carlsbad Homeless Outreach
Team (HOT), City staff, community partners, nonprofits and self-referrals. To qualify,
Participants must be:
1. Literally homeless; and
2. Experiencing homelessness in the City of Carlsbad. This information can be verified verbally
by a provider, self-certification, employment, HOT, HMIS system, bank statements, or a
verified mailing address.
M . Receive prevention referrals and make referrals to and from HOT, City staff, community
partners, nonprofits and self-referrals. To qualify, Participants must:
2
May 19, 2020 Item #6 Page 23 of 38
1. Be a resident in the City of Carlsbad. This information can be verified by a rental agreement,
utility bill or school documentation;
2. Be at risk of losing their residence of the time application of homeless assistance is
submitted;
3. Be unable to identify any alternative residence;
4. As an individual or household, lack the resources or support network needed to obtain other
permanent housing;
5. As an individual or household, Participants receiving prevention support must be considered
''.low income;" and
6. Prioritization will be given to individuals or households who have a history of homelessness.
N. Work collaboratively and maintain communication with City's Homeless Response Program
Manager, HOT, faith centers, community partners and any other homeless outreach workers
operating in the City of Carlsbad to identify homeless individuals in need of services. City and
Contractor shall attend monthly meetings to review and discuss programmatic needs.
o. Identify gaps in homeless services and assistance needs in the City of Carlsbad, and develop
recommendations for community and program improvements in support of City's Homeless
Response Plan.
P. Comply with the following requirements related to documentation:
1. Complete accurate and thorough documentation in a timely manner;
2. Utilize the Homeless Management Information System (HMIS) to track the entry/exit of
Participants;
3. Maintain data on Participants and outcomes, to be reported on a quarterly basis in
coordination with billing invoices (see section Q); and
4. Housing retention follow-up will be provided at 6 months and 12 months after housing
placement.
Q. Data outcomes will be reported to the City's Homeless Response Program Manager on a
quarterly basis, with accompanying narrative, due by the 15th of the month on October 15, 2020,
January 15, 2021, April 15, 2021; and July 15, 2021. The outcome data shall include:
1. Number of referrals received and the source of the referring party;
2. Number of Participants who have been screened and consented to services;
3. Number of Participants who have been screened and denied program eligibility;
4. Number of Participants placed into permanent housing resources and/or received support
I
to maintain existing housing placement;
5. Number of Participants who have declined case management services, either initially, or
non-participation; and
6. Total number of referrals to interim housing or higher level of care resources.
R. All billing invoices shall be submitted monthly and are due by the 15th of the month, beginning
August 15, 2020 and ending on July 15, 2021. Contractor will submit monthly billing invoices
with accompanying documentation for funds expended, which shall include but not be limited
3
May 19, 2020 Item #6 Page 24 of 38
to documentation of timecards, mileage, office supplies, housing receipts, and flex funds
receipts.
s. Operate within the budget set forth in Exhibit "B."
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 the event of a
mutually agreeable budget modification, Contractor agrees to modify the budget accordingly
and attach as an amended Exhibit "B" to this contract.
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 modify the budget accordingly and attach as an amended
Exhibit "B" to this contract.
T. Furnish all general office supplies, printing costs, postage and other incidental costs associated
with normal office and service operations related to case management duties.
u. Within thirty (30) days of contract execution, develop a detailed project plan for implementation
of program services based on this scope of services.
4
May 19, 2020 Item #6 Page 25 of 38
CITY OF CARLSBAD
Community Resource Center & City of Carlsbad District 76 HPIF Project Budget
FY 2020/21
Pro~!am. Services
Assessment *
Diversion*
Prevention (20) Households (1)
Intervention/Placement (20) Households (1)
Stabilization *
Sub Total
Personnel Cost
Housing Navigator (0.25 FTE)
Case Manager (0.50 FTE)
MSW Intern Stipend
Sub Total
:Program Surmort
Travel (2)
Printing & Materials (3)
Sub Total
Total Direct Costs
Indirect Costs (4)
Grand Total ..
Budget Notes:
$
$
$
$
$
$
$
$
$
$
$
$
$
.$
$
$
48,720.00
127,400.00
176,120.00
17,063.00
25,823.00
4,000.00
46,886.00
1,500.00
494.00
1,994.00
225,000.00
12,500.00
237,500.00
1 This includes security deposits, rental assistance, transportation etc. referenced in scope of work, Exhibit A.
2 Travel for outreach efforts and meetings throughout San Diego County, reimbursed at federal rate of $.545 per mile, 2,752 miles.
3 Printing costs for outreach materials (flyers, cards, etc .... )
Exhibit B
4 Indirect rate is 5% of total direct costs. Allowable Program related expenses: User fees, equipment, accounting, data management, audit fees, etc.
May 19, 2020 Item #6 Page 26 of 38