2023-07-11; City Council; 14; Accepting a State Grant to Provide Services to Assist Individuals and Households Experiencing Homelessness in the City of Carlsbad — Carlsbad City Council, July 11, 2023 (part 2 of 2)

and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB977, located at Welfare and Institutions Code section 8256(d).
iii. Cal ICH usage of Reports
Pursuant to HSC Section 50254(b)(4), Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served. iv. Failure to Report
If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
b) Evaluation
i. At Cal ICH's discretion, Grantees shall partidpate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will contract a third party to complete the evaluation. ii. Grantees are expected to be close partners with Cal ICH for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Cal ICH or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Cal ICH or its designee.
iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee's operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee's site visit terms during any site visits.
iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.

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v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation. c) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.

At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.
5) Inspection and Retention of Records
a) Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, Cal ICH guidance or directives, and this Agreement.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

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If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
c) Public Records Act
The grantees' final HHAP-4 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee's failure to comply with the terms or conditions of this Agreement. ii. Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i. Conduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. ii. Bar the Grantee from applying for future ERF funds; iii. Revoke any other existing ERF award(s) to the Grantee; iv. Require the return of any unexpended ERF funds disbursed under this Agreement;
v. Require repayment of ERF funds disbursed and expended under this Agreement;
vi. Require the immediate return to Cal ICH of all funds derived from the use of ERF
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vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require. at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS),
mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will

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result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections.10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its sub recipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

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Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1 ).
a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
i. The dangers of drug abuse in the workplace;
ii. Grantee'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, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee's drug-free policy statement, and ii. Will agree to abide by terms of Grantee's condition of employment or subcontract.
11) Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a) The Grantee 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
b) The Grantee, 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.

12) Special Conditions - Grantees/Subgrantee
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The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF.

Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
ii. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv. Agree to include and enforce all the terms of this Agreement in each subcontract.
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request.

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14) Inspections
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a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15) Litigation
a) If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of ar.,y claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.

Encampment Resolution Funding Program
Standard Agreement

EXHIBIT E

SPECIAL TERMS AND CONDITIONS
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1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subr�cipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH.
2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services,. and clients that are supported by funding (e.g., by creating appropriate - ERF specific funding sources and project codes in HMIS}.
3) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision U) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH. Grantee will report to Cal ICH on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals. 5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

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6) Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH's discretion in making these determinations are absolute and final.

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12 EXHIBIT “C ”

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ITEM B UDGET DESCRIPTION
Staff 117,000.00 Provide outreach medical services.

Fringe Benefits- 30% 35,100.00 Healthcare and other benefits for personnel. 152,100.00$
Operating Costs 7,996.43
Operating costs such as cell phones, m ileage, ink, printer, paper, pens, meeting space, etc.

Administrative costs at 5% 8,004.82 Administrative costs at 5% 16,001.25$
168,101.25$
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AGREEMENT FOR HOMELESS SHELTER SERVICES BETWEEN CITY OF CARLSBAD AND

CATHOLIC CHARITIES DIOCESE OF SAN DIEGO
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T
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REEMENT is made and entered into as of the '1/.1 day of --=----'-i,_....__ _____ , 2023, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Catholic Charities Diocese of San Diego, a non-profit organization, ("Contractor").

RECITALS
A. City requires the professional services of an organization 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 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 for a period of 5 2 months from the date first above written to 06/30/2026. The City Manager may amend the Agreement to extend it for up to one (1) additional one (1)-year period or parts thereof. An extension 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 Agreement term will be five hundred twenty-two thousand sixty dollars ($522,060). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement as approved by the City Manager or designee. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A".

Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".

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Attachment D
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2 Upon contract execution, Contractor shall submit an invoice to City for 60% of the total Agreement amount. Once these funds are expended, but no later than June 1, 2026, Contractor shall submit an invoice for the remaining Agreement amount. Failure to timely submit an invoice for the remaining Agreement amount will result in forfeiture of those funds and City’s return of such funds to the California Interagency Council on Homelessness.

All proceeds from any interest -bearing account established by the Contractor for the deposit of funds must be used for eligible activities related to this agreement as approved by City.

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 indemnify and hold harmless the City and its officers, 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.

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’ DocuSign Envelope ID: C356ED06-CF41-441A-877D-841674F73C7E July 11, 2023
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3 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 (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 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.

10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.

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4 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.

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.

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5 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 For Contractor
Name Chris Shilling Name Appaswamy “Vino” Pajanor
Title Homeless Services Manager Title Chief Executive Officer Department
Housing & Homeless
Services Address 3888 Paducah Drive
City of Carlsbad San Diego, CA 92117
Address 1200 Carlsbad Village Drive Phone No. 619-323-2842 Carlsbad, CA 92008 Email [email protected]
Phone No. 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 S tatement 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.

Yes 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 f or 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 DocuSign Envelope ID: C356ED06-CF41-441A-877D-841674F73C7E July 11, 2023
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6 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 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 fourteen ( 14) 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. Upon termination of this Agreement, unless otherwise approved in writing by City, any unexpended funds received by Contractor shall be returned to City within 30 days of the date of termination.

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.

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7 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 cons ent of City, which shall not be unreasonably withheld.

25. SPECIAL CONDITIONS
Contractor must comply with all requirements of City’s Standard Agreement with the California Interagency Council on Homelessness attached as Exhibit “B”.

26. 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.

27. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.

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CONTRACTOR
By:

By:
(sign here)
Appaswamy Vino Pajanor, CEO
(print name/title)
(sign here)
(print name/title)
CIT SBAD, a municipal
State of California
By:

Scott Chadwick, City Manager
ATTEST:
�

SHERRY FREISINGER
City 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:

CINDIE K. McMAHON, City Attorney
BY: �sso. 6.wuki
Marissa Kawecki, Deputy City Attorney
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9 EXHIBIT “A”
SCO

PE OF SERVICES
A. Pr
ovide 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 at least 60 people experiencing homelessness at the La Posada de Guadalupe homeless shelter (“Participants”). The Housing Navigator will prioritize Participants who were previously residing within the City’s Encampment Resolution Program area which is attached as Exhibit “C”.

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 Reporting. 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. Develop and implement individualized strength-based housing plans in partnership with Participants and link Participants to appropriate housing options.

D. 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.

E. 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.

F. 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.

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) Community Standards which can be found at Standards, Learning, and Training - Regional Task Force on Homelessness (rtfhsd.org).

I. Ab
ide by the strategies set forth in City's Homeless ness 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 Homelessness Action Plan | Carlsbad, CA (carlsbadca.gov).

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10 J. Comply with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions:

i. 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). ii. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. Contractor’s policy of maintaining a drug- free
workplace;
c. Any available counseling, rehabilitation, and employee assistance program; and
d. Penalties that may be imposed upon employees for drug abuse violations.
iii. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee that works under this Agreement:
i. Will receive a copy of Contractor’s drug-free policy statement, and ii. Will agree to abide by the terms of the drug -free policy as a condition of employment.

K. Attend at least 75% of City organized case conferencing/partner collaboration meetings and abide by privacy and participation policies as determined by City.

L. Attend 100% of City organized Encampment Resolution Program c oordinating meetings.

M. Share Participant Homeless Management Information System (“HMIS”) data (without personally identifiable information) as part of the City of Carlsbad By Name List.

N. Maintain a written grievance procedure, including a formal process for Participants to provide feedback and to resolve conflicts experienced within the program.

O. Comply with all routine monitoring and program audits as requested by City.

P. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant and program milestones and provide required reports to City on the 15
th day of each month, starting on September 15, 2023. Provide quarterly reports by October 15th, January 15th, April 15th and August 15th 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. Contractor must utilize the HMIS to track Participants including documenting Case Notes and Exit Locations. Contractor will provide documentation of the following data points:
i. Number of unduplicated Participants assisted
ii. Number of Participants placed in a higher level of care with HMIS ID iii. Number of Participants placed in permanent housing with HMIS ID iv. Participant length of stays
v. Participant destination at exit
vi. Demographic data on Participants

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11 Q. Provide City with an accounting of monthly expenditures by the 15th of each month, starting on September 15, 2023. This shall include accompanying documentation for funds expended, which shall include but not be limited to documentation of timecards, mileage, office supplies, bus fare expenses, and flex funds receipts.

R. Operate within the budget set forth in Exhibit “D.”

1. If there is a possibility that any portion of the total fee payable for the Services under the Agreement may not be expended by the date of contract termination, or if there is a possibility that 50% of the total fee payable for the Services under the Agreement may not be expended by June 30, 2024, City and Contractor agree to mutually decide how such excess funds will be reallocated and fully expended in the budget (Exhibit “D”). In such case, Contractor agrees to draft an amended budget (amended Exhibit “D”) to reallocate the excess funds, which will require a contract amendment subject to approval by the city manager or designee.

2. 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 (amended Exhibit “D”), which will require a contract amendment subject to approval by the city council or city manager or designee, depending on the value and nature of the budget modification.

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12 EXHIBIT “B”

(To be attached once fully executed—see Exhibit 1, Attachment B.)

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1) Authority
Encampment Resolution Funding Program
Round 2, Rolling Disbursement (ERF-2-R)
Standard Agreement

EXHIBIT A
Attachment B
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AUTHORITY, PURPOSE, AND SCOPE OF WORK
The State of California has established the Encampment Resolution Funding Program ("ERF" or "Program") pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).

The Program is administered by the California lnteragency Council on Homelessness ("Cal ICH") in the Business, Consumer Services and Housing Agency ("Agency"). ERF provides one-time, competitive grant funds to Continuums of Care and I or Local Jurisdictions as defined below. To date, there have been two rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 2 of the ERF Program ("ERF-2-R"). For this Standard Agreement, ERF-2-R is synonymous with "ERF" or "Program"." and refers to programs and grantees under Health and Safety Code 50252.1 (c)(1 ).

This Standard Agreement along with all its exhibits ("Agreement") is entered into by Cal ICH and a Continuum of Care or a Local Jurisdiction ("Grantee") under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability ("NOFA") under which the Grantee applied, the representations contained in the Grantee's application, Cal ICH guidance or directives, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose
As stated in the NOFA, the Program's objective is to fund actionable, person centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in

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encampments. Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
3) Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code Section 50250, Subdivisions (a) - (I); (a) "Additional funding round moneys" means moneys appropriated for the program in or after fiscal year 2022-23.
(b) "Agency" means the Business, Consumer Serv.ices, and Housing Agency. (c) "Applicant" means a continuum of care or local jurisdiction (d) "Continuum of Care" has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) "Council" means the California lnteragency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) "County" includes, but is not limited to, a city and county. (g) "Funding round 1 moneys" means moneys appropriated for the program in fiscal year 2021-22.
(h) "Homeless" has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) "Local Jurisdiction" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

U) "Program" means the Encampment Resolution Funding program established pursuant to this chapter.
(k) "Recipient" means an applicant that receives grant funds from the council for the purposes of the program.
(I) "State right-of-way" means real property held in title by the State of California Additional definitions for the purposes of ERF program:
"Grantee" is "a Continuum of Care or a Local Jurisdiction that receives grant funds from the Council for the purposes of the program. Grantee is synonymous with "Recipient."
Initial Her&__

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"Subrecipients" or "Subgrantees" are entities that receive subawards from "Recipients" or "Grantees" to carry out part of the Program. "Expended" means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must obligate the funds by the statutory deadlines set forth in this Exhibit A.
"Cal ICH" is synonymous with "Council".
4) Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program's intended objectives.

As detailed in Exhibit A.2, the Program's objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee's application, Cal ICH guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Disbursement Provisions. Prior to fully executing this agreement, Grantees must standardize their budget using a Cal ICH provided budget template.

Grantees are expected to be close partners with Cal ICH. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.

Quarterly reporting requirements are detailed below in Exhibit 0.4. Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6. Effective Date, Term of Agreement, and Deadlines.

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Grantees
shall complete a Final Work Product (As detailed below in Exhibit A.6.d.) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will make Technical Assistance available.

Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH's discretion in making these determinations are absolute and final. 5) Cal ICH Contract Coordinator
Cal ICH's Contract Coordinator for this Agreement is the Council's Grant Development Section Chief or the Grant Development Section Chiefs designee.

Unless otherwise instructed, any communication shall be conducted through email to the Cal ICH Contractor Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, Agency shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to Cal ICH and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: Business, Consumer Services City of Carlsbadand Housing Agency California lnteragency Council on
SECTION/UNIT: Homelessness
(Cal ICH)
ADDRESS: 801 Capital Mall, 6th floor 3096 Harding Street Sacramento, CA, 95814 Carlsbad, CA 92008
CONTRACT Jeannie McKendry Chris ShillingCOORDINATOR
PHONE (916) 510-9446 (442) 339-2284NUMBER:

EMAIL Jeannie.McKend[[email protected] [email protected]: and calichgrants(@.bcsh.ca.gov The Council reserves the right to change their Cal ICH Contractor Coordinator, designee, and/ or contact information at any time with reasonable notice to the Grantee.

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All requests to update the Grantee information listed within this Agreement shall be emailed to Cal ICH grant's general email box at [email protected].

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to Cal ICH Contractor Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment, approved by DGS.
6) Effective Date. Term of Agreement. and Deadlines
a) This Agreement is effective upon execution by Cal ICH, which includes signature from the Grantee and Cal ICH. This is indicated by the Cal ICH provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
b) Performance shall start no later than 30 days, or on the express date set by Cal ICH and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed. d) This Agreement will terminate on March 31, 2027.

Grantees shall submit a Final Work Product by September 30, 2026. The Final Work Product will include programmatic and fiscal data and ·a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH.

Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2027.

Grantees are expected to continue performing until March 31, 2027. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials. e) Expenditure and Obligation Deadlines:
i. Grantees
shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2024.

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ii. Grantees that have not obligated 100 percent of their Program funds by June 30, 2024, shall submit an alternative disbursement plan to Cal ICH for approval no later than July 30, 2024. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
iii. Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by Cal ICH. iv. All Program funds (100 percent) shall be expended by June 30, 2026. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
· ·
7) Special Conditions
Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH's discretion in making these determinations are absolute and final.

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EXHIBIT B
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BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:
• Request for Funds Form ("RFF")
• STD 213 Standard Agreement form and initialed Exhibits A through E • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 2) Disbursement of Funds
ERF will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS), and the State Controller's Office (SCO).

The RFF must include the total amount of Program funds proposed to be expended.

The ERF will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
3) Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Cal ICH reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted standardized budgets.
a) Budget Changes
i) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. Cal ICH may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

Cal ICH reserves the right to amend or adjust this process as necessary.

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ii) Conditions requiring a budget modification request:

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Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by Cal ICH so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.

Any decrease or increase to the total expenditures for any eligible use category must be approved by Cal ICH's Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from Cal ICH as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6. Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change as considered by a reasonable project manager should be submitted to Cal ICH for approval. b) Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 - 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee's application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services. Services Coordination Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and Initial He�
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promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons' experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
4) Ineligible Costs
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with HSC Sections 50250 - 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee's application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.

Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

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Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH.

An expenditure which is not authorized by this Agreement, or by written approval of Cal ICH, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to Cal ICH by the Grantee at an amount and timeframe determined by Cal ICH.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.

Unless expressly approved by Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement's date of execution.

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EXHIBIT C
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STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FI NALapril2017 .pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.

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EXHIBIT D

GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
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Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D; violation of any federal or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal IC H's specified date of termination. b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D. 12. (Special Conditions- Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.
3) Grantee's Application for Funds
Grantee submitted a standardized budget to Cal ICH as part of their application for the Program.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any

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part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) Reporting, Evaluation, and Audits
a) Reporting Requirements
i. Timing and Format of Reports.

Grantee is required to provide Cal-fCH or its agents with all data and outcomes that may inform an assessment of the funded proposal. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement's termination.

The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days' notice to Grantees.
ii. Required Data
Grantees will be required to provide:
• Outreach and service path data at the anonymized, individual level; • Current housing status of persons served in the aggregate; • Status of funding as presented in the Cal ICH approved, standardized budget; and
• Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.

Cal ICH's discretion in identifying which information shall be included in these reports is final.

Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research Initial Here�
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and evaluation of grant performance, service pathways, and outcomes for people served.

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Initial Here
�
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12) Special Conditions - Grantees/Subgrantee
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Initial Her�
14) Inspections
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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT E

SPECIAL TERMS AND CONDITIONS
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Initial Her�
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City Attorney Approved Version 12/28/2022
13 EXHIBIT “C”

DocuSign Envelope ID: C356ED06-CF41-441A-877D-841674F73C7E July 11, 2023
Item #14 Page 91 of 95

City Attorney Approved Version 12/28/2022
14 EXHIBIT “D”

ITEM B UDGET DESCRIPTION
Housing Navigator 180,000.00 Create strength-based housing plans to increase housing ex it rates.

Fringe Benefits- 30% 54,000.00 Healthcare and other benefits.

Subtotal 234,000.00$
Meals and supplies 120,000.00 Provide m eals and other supplies.

Infrastructure support 100,000.00
Shelter im provem ents to lower barriers and im prove access. Costs m ay include privacy barriers between beds, internet connectivity, com puters, clothing, transit passes, etc.

Operating Costs 43,200.00
Operating costs such as cell phones, m ileage, ink, printer, paper, pens, etc.

Administrative costs at 5% 24,860.00 Administrative costs at 5% Subtotal 288,060.00$
Total 522,060.00$
DocuSign Envelope ID: C356ED06-CF41-441A-877D-841674F73C7E July 11, 2023
Item #14 Page 92 of 95
Housing & Ho
meless Services
Homeless Services
1200 Carlsbad Village Drive Carlsbad, CA 92008 442-339-2810 t Memorandu
m
June 23, 2023
To: Roxanne Muhlmeister, Purchasing Officer
From: Chris Shilling, Homeless Services Manager
Re: Request for Exemption to Bidding for Professional Services Agreement with Interfa
ith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego The purpose of this memorandum is to request authorization for an exemption to the bidding process per Municipal Code - Purchasing Code 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
ffects on the
local communit
y. 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 applied for funding from the program in February 2023 and received notice in June 2023 that the state awarded the city the $2,358,408.94 in grant funds that it requested.

Performance under the grant must begin no later than 30 days after the grant agreement with Cal ICH is fully executed, or on the express date set by Cal ICH and the city after all approvals have been obtained and the grant agreement is fully executed. If the city fails to commence work by 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.

DocuSign Envelope ID: FA3DE589-4899-4F37-BC96-7E474682EB4B Exhibit 3
July 11, 2023
Item #14 Page 93 of 95
{'city of
Carlsbad
to update the city's goal to reduce homelessness and its e Roxanne Muhlmeister
June 2
3, 2023

Page 2 ends

Interfaith Community Services, Community Resource Center, Southern California Care Community 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 Interfaith Community Services, Community Resource Center 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. Southern California Care Community is the only medical services organization providing free medical care for people experiencing homelessness in Carlsbad.

New professional services agreements with Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego will allow the city to move forward with the services identified in the grant application 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.

Housing & Homeless Services Department staff will be presenting the Encampment Resolution Funding Program to the City Council on July 11, 2023, with a recommendation to authorize execution of an agreement with Cal ICH and related professional service agreements with Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego to provide services that address the needs of people experiencing homelessness. The
agreements with the subgrantees will be
effecti
ve until June 30, 2026. The breakdown of the agreements is attached.

Respectfully,

Chris Shilling
Homeless Services Manager

DocuSign Envelope ID: FA3DE589-4899-4F37-BC96-7E474682EB4B July 11, 2023
Item #14 Page 94 of 95
city's
Roxanne Muhlmeister
Jun
e 23, 2023

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Approval for Exemption

___________________________for__________ ________________ Roxanne Muhlmeister, Purchasing Officer Date

Attac
hment: Budget
Professional Services Agreements

CC: Mandy Mills, Housing & Homeless Services Director
Rosario Aranda, Management Analyst
Shea Sainz, Senior Contract Administrator

Subgrantees Agreements

Catholic Charities Shelter Services $522,060.00
Community Resource Center Housing Assistance Services $404,932.50 Interfaith Community Services Outreach and Case
Management Services
$748,335.00
Southern California Care
Community
Medical Services $168,101.25

DocuSign Envelope ID: FA3DE589-4899-4F37-BC96-7E474682EB4B 7/5/2023
July 11, 2023
Item #14 Page 95 of 95
Encampment Resolution
Funding Grant Award
Mandy Mills, Director
Housing & Homeless Services
Chris Shilling, Homeless Services Manager
Housing & Homeless Services
1 {city of
Carlsbad
Encampment Resolution Funding Grant Award
2 Background
• City awarded $2.3m from Encampment
Resolution Fund
• Helps local jurisdictions ensure the
wellness and safety of people experiencing
homelessness in encampments
• City Council approval for actions to receive
grant and implement awarded activities
California
lnteragency Council
CAL 1cH on Homelessness
{city of
Carlsbad
Background
Carries out initiatives in Homelessness Action Plan
Encampment Resolution Funding Grant Award
3 {city of
Carlsbad
4 Priority Areas
• Focuses on the Downtown Village Area
Encampment Resolution Funding Grant Award
Grant Programs
Encampment Resolution Funding Grant Award
5 Agency Role 3-Year Amount
City of Carlsbad Coordinate all grant activities and manage the subcontracts
$417,480.19
City of Carlsbad Provide limited-term motel vouchers $97,500.00 Interfaith Community
Services Provide outreach and case management $748,335.00 Community Resource Center Provide rapid re-housing and housing stability assistance
$404,932.50
Southern California Care
Community
Provide street-based medicine and
healthcare coordination
$168,101.25
Catholic Charities Provide shelter at La Posada de Guadalupe $522,060.00 Total $2,358,408.94
{city of
Carlsbad
Grant Impact
• Increases city’s ability to move people
fro
m encampments to housing
• Helps target problematic areas of the city
• No cost to the General Fund
• Provides $400,000 over three years for
Carl
sbad Housing & Homeless Services
staff and administrative costs
Encampment Resolution Funding Grant Award
6 {city of
Carlsbad
Recommended Action
• Authorizing City Manager to execute grant
ag
reement and related program documents,
and amend FY 2023-24 budget to appropriate
grant funds.
• Authorize professional services agreements to
p
rovide services to assist individuals and
households experiencing homelessness in the
City of Carlsbad, and approve procurement
exemption.

Encampment Resolution Funding Grant Award
7 {city of
Carlsbad
Questions?
Encampment Resolution Funding Grant Award
8 {city of
Carlsbad

Carlsbad City CouncilJuly 11, 2023

Carlsbad City Council
July 11, 2023