Carlsbad City Council
July 11, 2023

CA Review __MK____
Meeting Date:

To:

From:

Staff Contact:

Subject:

July 11, 2023
Mayor and City Council
Scott Chadwick, City Manager
Mandy Mills, Housing & Homeless Services Director
[email protected], 442-339-2907
Chris Shilling, Homeless Services Manager
[email protected], 442-339-2284
Accepting a State Grant to Provide Serv ices to Assist Individuals and Households Experiencing Homelessness in the City of Carlsbad Districts: All
Recommended Actions

1. Adopt a resolution authorizing the City Manager to execute a grant agreement and related program documents with the California Interagency Council on Homelessness and authorizing the Deputy City Manager, Administrative Services, to appropriate an additional $2,358,408.94 to the State Grant Special Revenue Fund’s fiscal year 2023-24 operating budget.

2. Adopt a resolution authorizing the City Manager to execute professional services agreements with Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego to provide services identified in the approved Encampment Resolution Grant to assist individuals and households experiencing homelessness in the City of Carlsbad, and authorizing a professional services procurement exemption.

Executive Summary
The City of Carlsbad has been approved to receive $2.3 million in state funding to be used to help people living in encampments in Carlsbad’s Downtown Village area move out of homelessness.

The City Council is being asked to authorize the City Manager to execute the agreement required to accept this Encampment Resolution Funding Program grant, as well as agreements with primarily existing homeless services providers to use almost $2 million of this state funding to assist people experiencing homelessness in the Downtown Village Area and move them to stable housing. These providers are Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego. The remainder of the grant funds will be used for city staff and administration costs.

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To meet the deadline to start services provided under the grant agreement, the City Manager must execute professional services agreements with these providers soon after the grant agreement is fully executed.

The proposed professional services agreements require the City Council’s approval under Carlsbad Municipal Code Section 3.28.040 because the contract amounts exceed $100,000 per agreement year. Because of the grant timing requirements and unique nature of these services, as detailed below, staff are recommending the City Council also approve an exemption to the city’s procurement requirements.

A resolution authorizing the City Manager to execute the grant agreement and corresponding grant documents on the city’s behalf is Exhibit 1. Exhibit 2 is a resolution authorizing the City Manager to execute the professional services agreements and approve the professional services procurement exemption required by Carlsbad Municipal Code Section 3.28.110(N).

Explanation & Analysis
Background
The City Council approved a new five-year strategic plan in October 2022 that reaffirmed its commitment to reducing homelessness and its impacts on the community. In alignment with this overall strategic plan, the City Council approved the updated Homelessness Action Plan on Feb. 7, 2023. This plan outlines programs and initiatives that the city plans to carry out over the next five years, including pursuing external funding sources to expand outreach, case management and rapid rehousing services that help reduce homelessness. The plan identified shelter and housing and outreach and access to services as two of its three areas of focus.

The City Council-approved plan also identified the following actions that will be supported with these grant funds:
• Initiative 1.1(a) Maintain staff dedicated to homeless services and homeless outreach. • Initiative 1.1 (c) Identify one-time and ongoing funding sources. • Initiative 1.2 (a) Increase the available case management for people experiencing homelessness and streamline internal referrals to case management. • Initiative 1.2 (b) Maintain rapid re-housing options to improve wait time to more permanent housing.
• Initiative 1.2 (d) Develop and maintain robust and impactful outreach to persistently identify, engage and assess both the immediate needs and long-term housing needs of unsheltered people experiencing homelessness.
• Initiative 1.2 (e) Identify opportunities to add peer support components to programs and multi-disciplinary teams.
• Initiative 1.2 (h) Maintain a limited-stay motel voucher program as a resource to bridge housing.
• Initiative 1.2 (j) Investigate barriers to people accessing shelter or permanent housing and create programs as appropriate to alleviate found barriers. • Initiative 2.1 (e) Evaluate the development of a regional street medicine program in the city or North Coastal area.
• Initiative 2.2 (d) Continue to enhance housing-focused services at La Posada through added staff capacity, technical assistance and training.

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• Initiative 2.2 (h) Expand access to non-emergency healthcare through more accessible care, including at La Posada, and by creating more connections to referral pathways.

Encampment Resolution Funding grant
The California Interagency Council on Homelessness established the Encampment Resolution Funding Program grant to help local jurisdictions ensure the wellness and safety of people experiencing homelessness in encampments.

The city submitted a proposal for the Encampment Resolution Funding Program in February 2023, requesting $2,358,408.94 in grant funding to support services for up to three years, and, on June 14, 2023, was notified it had been awarded the full amount.

What the grant will pay for
The city’s proposal was focused on the Downtown Village Area with an emphasis on the areas around Pine Park, Holiday Park, City Hall and the Georgina Cole Library. These locations were selected largely due to the history of community complaints regarding people experiencing homelessness in this area, which have cited concerns about substance abuse, cleanliness and trash issues, and people with apparent mental health symptoms being near playgrounds, parks and youth and senior activities. City staff also narrowed down the target areas to put the city’s proposal in a competitive range, based on grant program guidelines and scoring criteria.

This focus is intended to make a significant impact within the community by helping people experiencing homelessness move to permanent housing destinations, reducing the community impacts of homelessness in these areas and addressing public concerns. This will help advance the City Council-approved Homelessness Action Plan.

The following table shows the proposed programs and funding identified in the proposal:

Agency Services 3-Year Amount
City of Carlsbad Coordinate all grant activities and
manage the subcontracts $417,480
City of Carlsbad Provide additional limited-term motel
vouchers $97,500
Interfaith Community
Services Provide outreach and case management $748,335 Community Resource Center Provide rapid re-housing and housing stability assistance $404,932
Southern California Care
Community
Provide street-based medicine and
healthcare coordination $168,101
Catholic Charities Provide low-barrier shelter at La Posada de Guadalupe1 $522,060
Total $2,358,408

1 The state defines a low-barrier shelter as one that is temporary with the services needed to help homeless individuals and families quickly obtain permanent housing. These shelters follow the best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items and privacy.

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The grant will also provide $305,175 in funding for Housing & Homeless Services Department staff salaries and benefits as well as $112,305 for the city’s grant administration costs. This will save the city’s General Fund $417,480 over the three years covered by the grant.

Grant requirements
To accept the grant funding, the city must execute a grant agreement and related program documents with the California Interagency Council on Homelessness within 30 days of receiving the grant award letter.

Funding for the expanded services was not included in the Homelessness Action Plan Funding Plan or the city’s FY 2023-24 Operating Budget because staff was only notified of the grant award on June 14, 2023. To receive the grant revenue and meet grant requirements, the City Council will need to amend the FY 2023-24 budget to appropriate the expenses.

Once the California Interagency Council on Homelessness receives the city’s executed grant agreement and related documents, they will fully execute the documents and process them for award disbursement. The city will receive all the awarded funds in advance and must abide by the following deadlines:
• 50% of funds must be expended (paid to subgrantees) by June 30, 2024 • 100% of funds must be obligated by June 30, 2024
• 100% of funds must be expended (paid to subgrantees) by June 30, 2026 To comply with these deadlines, the proposed professional services agreements with the city’s subcontractors – the non-profit organizations that help the city in its efforts to reduce homelessness – will commence as soon as practicable after the grant agreement is fully executed and will continue until June 30, 2026.

The professional services agreements will provide 60% of the contractors’ funding amount upon contract execution, with the remaining funds to be provided no later than June 30, 2026.

To ensure compliance with the grant requirements, the contractors will submit documentation of expenditures to the city for review and approval on a monthly basis.

Procurement exemption
The California Interagency Council on Homelessness requires that performance under this grant program, that is, the services to be provided, start no later than 30 days after all approvals have been obtained and the grant agreement is fully executed, or on the date set by the interagency council and the city. This means that the city’s subcontractor agreements must also be executed and that the services to homeless persons must commence within this limited timeframe. Failure to do so could result in termination of the grant agreement.

This grant proposal also includes partnerships and subcontracts with Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego. All these service providers except Southern California Care Community have contracted with the city for the same or similar services, have been responsive to previous homelessness services requests for proposals and/or have been long- term, successful partners with the city addressing homelessness. Southern California Care Community is the only medical services organization providing free medical care for people experiencing homelessness in Carlsbad.

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Because of these limiting factors, and the unique nature of the specialized services involved, staff have concluded that it’s impractical to timely complete a request for proposals process to identify subcontractors for the Encampment Resolution Fund Program. It is in the best interest of the city to contract with the four above-named providers to provide these grant-funded services.

Accordingly, the proposed resolution in Exhibit 1 requests a professional services procurement exemption under Carlsbad Municipal Code Section 3.28.110(N), for “Situations where solicitations of bids or proposals for good, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the city.”
The city’s Purchasing Officer reviewed the exemption request, agreed that the request complies with the reasons identified in Carlsbad Municipal Code Section 3.28.110(N) and is recommending that the City Council approve the professional services procurement exemption.

A memorandum detailing this exemption request is provided as Exhibit 3.

Fiscal An alysis
The full grant amount of $2,358,408.94 will need to be appropriated in the city’s operating budget by City Council resolution (Exhibit 1). The grant provides funding for some staff costs related to program delivery and grant administration. The city will have a General Fund savings of $417,480.19 over the next three fiscal years because the grant includes funding for Housing & Homeless Services Department staff salaries and administrative costs.

Next Steps
The City Manager will execute a required grant agreement and related program documents with the California Interagency Council on Homelessness and professional services agreements with the organizations providing the grant services. Staff will manage the grant program and oversee subcontractors and provide updates to the City Council during the annual and semi- annual homelessness update reports.

Environmental E valuation
This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Exhibits

1. City Council resolution authorizing grant agreement and related program documents

2. City Council resolution authorizing professional services agreements

3. Memorandum supporting professional services procurement exemption

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RESOLUTION NO. 2023-196

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT

AGREEMENT AND RELATED PROGRAM DOCUMENTS WITH THE CALIFORNIA

INTERAGENCY COUNCIL ON HOMELESSNESS AND AUTHORIZING THE

DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, TO APPROPRIATE AN ADDITIONAL $2,358,408.94 TO THE STATE GRANT SPECIAL REVENUE FUND'S FISCAL YEAR 2023-24 OPERATING BUDGET
WHEREAS, on Dec. 1, 2022, the California lnteragency Council on Homelessness issued a notice of funding availability for the Encampment Resolution Funding Program; and WHEREAS, the Encampment Resolution Funding Program provides grants to local jurisdictions to resolve critical encampment concerns and transition individuals into safe and stable housing; and WHEREAS, the City Council of the City of Carlsbad, California approved the city's updated Homelessness Action Plan on Feb. 7, 2023; and
WHEREAS, Initiative l.l(c) of the Homelessness Action Plan is to identify one-time and ongoing funding sources.; and
WHEREAS, the Encampment Resolution Funding Program funding aligns with Initiative 1.l(c) of the Homelessness Action Plan and would supplement and reduce the amount of general funds allocated in the city's Homelessness Action Plan Funding Plan; and WHEREAS, on Feb 28, 2023, the city submitted an Encampment Resolution Funding Program proposal for a total amount of $2,358,408.94 over three years; and WHEREAS, the city's Encampment Resolution Funding Program proposal included activities that align with eleven of the Homelessness Action Plan Initiatives; and WHEREAS, on June 14, 2023, the city received a notification from the California lnteragency Council on Homelessness of an Encampment Resolution Funding Program grant award in the full amount requested; and
WHEREAS, the lnteragency Council on Homelessness requires that 50% of the grant funds be expended by June 30, 2024, 100% of the grant funds be obligated by June 30, 2024, and 100% of the grant funds be expended by June 30, 2026; and
WHEREAS, the lnteragency Council on Homelessness requires that the grant agreement and related documents (Attachments A-E) be executed by the city within 30 days after receiving the notice of award.

Exhibit 1
July 11, 2023 Item #14 Page 6 of 95
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the City Manager or designee is hereby authorized to execute a grant agreement and related program documents between the City of Carlsbad and the California lnteragency Council on Homelessness for the Encampment Resolution Funding Program (Attachments A - E).

3. That the Deputy City Manager, Administrative Services, is hereby authorized to appropriate an additional $2,358,408.94 to the State Grant Special Revenue Fund's Fiscal Year 2023-24 Operating Budget.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of J..!!!y, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

None.

None.

KEITH BLACKBURN, Mayor
f- SHERRY FREISINGER, City Clerk
(SEAL)
July 11, 2023 Item #14 Page 7 of 95
SCO ID: Attach ment A
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .---------------,,----------------,

STANDARD AGREEMENT
STD 21 3 (Rev. 04/2020)

AGREEMENT NUMBER
23-ERF-2-R-10008
PURCHASING AUTHORITY NUMBER (If Applicable)
010725

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency

CONTRACTOR NAME
City of Carlsbad

2. The term of this Agreement is:

START DATE
Upon BCSH Approva l

THROUGH END DATE
3/31/2027

3. The maximum amount of this Agreement is:
$2,358,408.94 (Two Million Three Hundred Fifty Eight Thousand Four Hundred Eight Dollars and Ninety Four Cents)

4. The parties agree to comply with the terms and conditions of the following exhibit s, which are by thi s reference made a part of the Agreement.

Exhib its Title
Exhibit A Authority , Purpose and Scope of Work
Exhibit B Budget Detai l and Disburseme nt Provisions
Exhibit C State of California General Terms and Conditions +
1-- Exhibit D Genera l Terms and Condi tions
-
+ - Exhibit E Special Terms and Conditions
-
Items shown with an astensk /*), are hereoy incorporated by reference ana maae part or this agreement as if attached hereto.

These documents can be viewed at https://www.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individua l, state whether a corporation, partnership, etc.) City of Carlsbad

CONTRA SS ADDRESS
3096 H
July 11, 2023
CITY
Carlsbad
TinEU
Item #14
STATE
CA

Pages
6 4
1 10
2 ZIP
92008

SCOID:

STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,--------------,----------------,

AGREEMENT NUMBER
23-ERF-2-R-10008
PURCHASING AUTHORITY NUMBER (tr Applicable)
010725

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency

CONTRACTING AGENCY ADDRESS
500 Capitol Mall, Suite 1850

PRINTED NAME OF PERSON SIGNING
Lourdes Castro Ramirez

CONTRACTING AGENCY AUTHORIZED SIGNATURE
~~.v,,;i--L

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
July 11, 2023

STATE OF CALIFORNIA
CITY
Sacramento
TITLE
Secretary

DATE SIGNED
Aug 24, 2023
EXEMPTION (If Applicable)
Item #14
I

STATE IZIP
CA 95814

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

EXHIBIT A
Attachment B
City of Carlsbad
23-ERF-2-R-10008

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 exper iencing homelessness in July 11, 2023
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City of Carlsbad
23-ERF-2-R-10008

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 orafterfiscalyear2022-23 .
(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."
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City of Carlsbad
23-ERF-2-R-10008

"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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City of Carlsbad
23-ERF-2-R-10008

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 Carlsbad and 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 Shilling COORDINATOR
PHONE (916) 510-9446 (442) 339-2284 NUMBER:

EMAIL Jeannie .McKend[[email protected] chris .shilling@carlsbad ca.gov ADDRESS: 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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City of Carlsbad
23-ERF-2-R-10008

All requests to update the Grantee information listed within this Agreement shall be emailed to Cal ICH grant's general email box at calichgrants@bcsh .ca.gov.

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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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT B
City of Carlsbad
23-ER F-2-R-10008

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 foreseeab le 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:

City of Carlsbad
23-ERF-2-R-10008

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 July 11, 2023
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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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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT C
City of Carlsbad
23-ERF-2-R-10008

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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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT D

GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
City of Carlsbad
23-ERF-2 -R-10008

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 July 11, 2023
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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
July 11, 2023
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.

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 offive (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 July 11, 2023
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23-ERF-2-R-10008

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 comp ly 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 employm ent 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 subrecip ients 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.

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12) Special Conditions - Grantees/Subgrantee
City of Carlsbad
23-ERF-2-R-10008

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 , environmenta l 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
City of Carlsbad
23-ERF-2-R-10008

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.

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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT E

SPECIAL TERMS AND CONDITIONS
City of Carlsbad
23-ERF-2-R-10008

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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City of Carlsbad
23-ERF -2-R-10008

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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Attachment C
-
IUl"INCR.CO"-R:J.lca SCA\.1CE.I.V«) 110\IU!t.C ,con
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ENCAMPMENT RESOLUTION FUND (ERF-2-R)

REQUEST FOR FUNDS FORM
L1n1rart Nlmnr 23-l:RP'•2-IMOOC8 I
tn, ukc l\.,imlicr 23-CRF-2-R-10008 I c~pcnifiturc Oc:adlline1 S/20/2021 Cnnltt '•,.~: C.tv d C•lsbad
-
Conlac-t Per~n: Chris Sh••no
AIIN1tion lO! Conlut Ptr-lillr: Homeless Seivioe1 Manager A4drcos:

I
1635 F.anday An E-m1II: C'ml it,.. I 11t-tl8,,aJ11~1dta NW Clt)/SIMc/Zlp: r _,_. , r A a"""' Phone No.: (4~2) 339-22$-1

ENCAMPMENT RESOLUTION FUNDING BREAKDOWN
AWARD
PerHeahh Ind Sarc1y Cede Section S02SI (a) a rccip1cn1 may use encampment resolution r\llds for the: pJrposc or cruwil\l chc safety and wcllaess orp:oplc e,pcromcing homelessness 11 cncau11xnc1•). 1csohing c.1itlcaJ C1M:amp111cnl concc.m.s and lt-a.Jl\llKJfl md1, 1dlW:1 rnto Mfc anJ )&.Ible bou!,IJ1g. and cncowa,c111ga daa-1nro1mcd. coocdull.tcd 1ppruach to address cuu.01pn cul c<>ra'm< Fund• ,hllD hie <peal on re<oh,"11 lht td<n11f"'1. pnontmrl •="1'"""' 11 muv, IICII\ 1he< ,nclu,hnw. but nol hm led IO. llll or the fnllow1n1 • Rapid Rehousing
• O;,era1ing Sub,ill1co
• C,treet Oulleach
•S)-stcmSappcn
• Dchvay or Pcnnanc:nt How mg
• Pocvcolion and Sheller Divcnion
• Interim Shtltcnna
• lmpro,'tfl'ltntS 10 Existi1g Emergency Shchm
• Adm1rus1n11on (uplO s~.)
TOTAL: $2,358,408.94

I CERTIFICATION I
•J)••l#ll"IIIHtJH• l«r,O ION M~91 • k"C'"ondlwltt/lNI llttfon,,tl ht, coop/JIit Olfdot'C'lr'Olt, -,,dtNotn11~adNdJ:t111rr/i)r h JIW?Of11tlllil,.Jt"1"~1 wtj(Hllt utlht tcYM.J ..,,t'Pld),_.,OJlltt ~ Atf't'ltlfltnl I~• l'lt1rtiltaf-oi/dst. kt. o,/. ?_,,,k,.,ltfhtlKHlf'II, ortlwO'ftfllliNtofMV..,..,ol /Mt INIJ'"•/f'('f lflllt 10 cn,n;,uJ Nnlor°"'1t111lctraflv Pfflllh•J lot /rmd./oM,1att,-,n, /nrd•,., crotlunlJt I .
~L,~W Y,\,i \ttJ>.Ai\(J~ ( A-\1\ tJ\ t\,V\ r-..t\ I I\/ I Nine of /\u1horlttd Ktoresrn11tht oi1il•.,.toN J /J 4 Title or /\ulhort,,. R<0rtun11t1ve tr Slltn110,«, ~ I Jf;-r-/ (2.SuLZ.~
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V V
July 11, 2023 Item #14 Page 33 of 95

CAL I ,H
California
lnteragency Council
on Homelessness
Authorized Signatories Form
Cal ICH Grant Programs
Attachment D
Instructions: This form is intended to list all of the individuals who are authorized to sign Cal ICH grant documents on beha lf of the administrative entity. The authorized representative who signs this form must be an individual who is authorized to legally bind the administrative entity to Cal !CH grant agreements. The authorize d representative is authorized to sign all Cal !CH gran t documents on beha lf of the administrative entity and may authorize additional signatories to sign Cal ICH grant documents using the 'Authorized Signatories' section below.

Grantee Information : Enter the names of the eligble jurisdiction (ie. Sacramen to CoC) and administrative entity (ie. Sacramento Steps Forward) and select all of the Cal ICH grant prog rams to which this form applies.

Authorized Signatories : Enter the names and title/position of the individua ls autho rized by the author ized representative to sign Cal !CH grant documents. Each of the authorized signatories listed below must sign this form. Signatures may be wet or electron ic. • Certification : By signing this form, the authorized representative certifies that they are authorized to lega lly bind the administrative entity to Cal ICH grant agreements, they are autho rized to sign all Cal !CH grant documents, and the authorized signatories listed on this form are additio nally authorized to sign Cal ICH gran t documents . Signatures may be wet or elec tronic.

Changes to this form : This form must be upda ted by the administra tive entity wheneve r the authorized representative or signatories change.

GRANTEE INFORMATION
This form applies to the
following grants:

AUTHORIZED SIGNATORIES

CERTIFICATION
Title/ Position
legally authorized to $/gn grant document$ ond that I am add/Hona/ly authorizing the above $/gnatorle$ to $/gn Cal /CH grant document$. ck-
Date
Rev 0J/2022
July 11, 2023 Item #14 Page 34 of 95
State of California
Financial Information System for California (Fl$Cal)

GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento , CA 95815
www.fiscal.ca .gov
1-855-347-2250
Attac hment E
The principal purpose of the information provided is to establish the unique identification of the government entity .

Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information . Please print the form to sign prior to submittal. You may email the form to: [email protected] .gov, or fax it to (916) 576-5200, or mail it to the address above .

Principal C~¼of C&,.,., Is. 42A ,4
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City G..ce\>~d State I QA Zip Code+4
Government Type: ~ City D County Federal
D Special District D Federal Employer
Identification
D Other (Specify) Number
(FEIN)
List other subsidiary Departments , Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California .

Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division /Unit
Name
Contact Person
Phone number
Signature
July 11, 2023
Complete
Address
Complete
Address
Complete
Address
Complete
Address
Title
ii address
Date l<~I
Item #14 Page 35 of 95
RESOLUTION NO. 2023-197

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

PROFESSIONAL SERVICES AGREEMENTS WITH INTERFAITH COMMUNITY

SERVICES, COMMUNITY RESOURCE CENTER, SOUTHERN CALIFORNIA CARE

COMMUNITY AND CATHOLIC CHARITIES DIOCESE OF SAN DIEGO TO

PROVIDE SERVICES IDENTIFIED IN THE APPROVED ENCAMPMENT

RESOLUTION GRANT TO ASSIST INDIVIDUALS AND HOUSEHOLDS

EXPERIENCING HOMELESSNESS IN THE CITY OF CARLSBAD, AND

AUTHORIZING A PROFESSIONAL SERVICES PROCUREMENT EXEMPTION WHEREAS, on Dec. 1, 2022, the California lnteragency Council on Homelessness issued a notice of funding availability for the Encampment Resolution Funding Program; and WHEREAS, the Encampment Resolution Funding Program provides grants to local jurisdictions to resolve critical encampment concerns and transition individuals into safe and stable housing; and WHEREAS, the City Council of the City of Carlsbad, California approved the City's updated Homelessness Action Plan on Feb. 7, 2023; and
WHEREAS, on Feb 28, 2023, the City submitted an Encampment Resolution fonding Program proposal for a total amount of $2,358,408.94 over three years; and WHEREAS, the city's Encampment Resolution Funding Program proposal includes activities that align with eleven of the Homelessness Action Plan initiatives; and WHEREAS, on June 14, 2023, the city received a notification from the California lnteragency Council on Homelessness of an award in the full amount requested; and WHEREAS, the California lnteragency Council on Homelessness requires that 50% of the funds be expended by June 30, 2024, 100% of the funds be obligated by June 30, 2024, and 100% of the funds be expended by June 30, 2026; and
WHEREAS, the city's Encampment Resolution Funding Program proposal identified Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego as partners and subcontractors; and WHEREAS, the proposed professional services agreements (Exhibit 2, Attachments A-D) are consistent with the Encampment Resolution Funding Program proposal and the city's Homelessness Action Plan; and
Exhibit 2
July 11, 2023 Item #14 Page 36 of 95
WHEREAS, the Purchasing Officer has reviewed and is recommending that the City Council approve an exemption from the Purchasing Ordinance's competitive procurement requirements for professional services per Carlsbad Municipal Code Section 3.28.llO(N), in order to timely commence performance under the grant agreement and due to the limited qualified subcontractors in the region.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the City Manager or designee is hereby authorized to execute professional services agreements with Interfaith Community Services, Community Resource Center, Southern California Care Community and Catholic Charities Diocese of San Diego to provide services identified in the approved Encampment Resolution Grant to assist individuals and households experiencing homelessness in the City of Carlsbad (Attachm�nts A-D).

3. That an exemption from the Purchasing Ordinance's professional services procurement requirements, per Carlsbad Municipal Code Section 3.28.ll0(N), is approved.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of !!!!Y, 2023, by the following vote, to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.

None.

None.

None.

KEITH�r
L SHERRY FREISINGER, City Clerk
r (SEAL)
July 11, 2023 Item #14 Page 37 of 95
DocuSign Envelope ID: C4C94960-02A0-4A5C-9717-186A20345CCB

AGREEMENT FOR HOMELESS OUTREACH,CASE MANAGEMENT AND PEER SUPPORT

SERVICES BETWEEN CITY OF CARLSBAD AND
INTERFAITH COMMUNITY SERVICES, INC.
�
T�S AGREEMENT is made and entered into as of the Z (J day of � � .
, 2023, by and between the City of Carlsbad, California, a municipal coporation, ("City"), and Interfaith Community Services, Inc., a non-profit organization, ("Contractor").

RECITALS
A. City requires the professional services of an organization that is experienced in providing outreach, case management and peer support services to homeless residents within 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. ST ANDA RD 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 3 Jfi months from the date first above written to 06/30/2026. The City Manager may amen 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 seven hundred forty-eight thousand three hundred thirty-five dollars ($748,335). 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".

City Attorney Approved Version 12/28/2022
Attachment A
July 11, 2023 Item #14 Page 38 of 95
City Attorney Approved Version 12/28/2022
2 Upon c
ontract 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: C4C94960-02A0-4A5C-9717-186A2D345CCB 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 te rm 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 Greg Angela
Title Homeless Services Manager Title Chief Executive Officer Department
Housing & Homeless
Services Address 550 West Washington Avenue
City of Carlsbad Escondido, CA 92025
Address 1200 Carlsbad Village Drive Phone No. 760-489-6380 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, verify ing 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 DocuSign Envelope ID: C4C94960-02A0-4A5C-9717-186A2D345CCB July 11, 2023
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□ ■

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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 anot her 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 consent 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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DocuSign Envelope ID: C4C94960-02A0-4A5C-9717-186A2D345CCB

CONTRACTOR
By:
(sign here)
Greg Angela, Chief Executive Officer
(print name/title)
By:
(sign here)
(print name/title)
By:

RLSBAD, a municipal
of the State of California
Scott Chadwick, City Manager
ATTEST:
f SHERRY FREI SINGER
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: l\,w-isStt b.wuk.i
Marissa Kawecki, Deputy City Attorney
City Attorney Approved Version 12/28/2022
8 City Attorney Approved Version 12/28/2022
9 EXHIBIT “A”
SCO

PE OF SERVICES
A. Pr
ovide one (1 ) full -time State of California licensed or license -eligible clinician (LCSW, LMFT, or LPCC) or other outreach worker as approved by City and one (1) full-time Peer Support Specialist. It is strongly desired to have at least one (1) staff member who is bilingual in both English and Spanish. The clinician/outreach worker and peer support specialist will provide outreach, case management and peer support (system navigation and basic needs assistance) to City’s homeless residents (“Participants”) within the City’s Encampment Resolution Program area which is attached as Exhibit “C”.

B. Ensure each staff member is available to work a minimum of 40 hours per week with availability on weekends and occasional nights. Schedules must be approved by City.

All holidays observed by City may be excluded, if desired by Contractor and agreed upon by City. Permanent schedule change requests must be submitted to City with 30 days written notice and must be mutually agreed upon by both parties.

C. Work collaboratively with City staff and partners to identify Participants in need of homeless services. Make and receive referrals from City staff and partners.

D. Ensure each staff member 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, Substance Use Disorders, Overdose Response, Mental Health First Aid, Mental Health Recovery, Self-Care and Vicarious Trauma, Professional Boundaries, Coordinated Entry, Safety, Ethics, Effective Goal Setting, Mandated Reporting, and the Policy Guidelines for Regional Response for Addressing Unsheltered Homelessness and Encampments.

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.

E. Develop individualized service plans for Participants and link Participants to housing, medical care, mental health, substance use treatment, food, clothing, transportation, employment, identification, Social Security card, Social Security benefits/Social Security Disability, CalWORKS, General Relief, CalFresh, MediCal/Medicare, Lifeline phones, mailing addresses, and other resources based on Participants’ individualized needs.

F. Assist Participants to identify and access shelter and housing options such as:
emergency shelters, reunification with family or friends, independent living associations, private rentals, rapid rehousing, and permanent supportive housing resources.

G. 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.

H. Spend 50-75% of weekly working hours re-engaging and providing case management to Participants previously encountered.

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10 I. Maintain a minimum caseload of 10 Participants and a maximum caseload of 25 Participants at any given time. Ensure at least 60% of Participants on the caseload are actively working on activities or goals that directly assist the Participant in progressing toward housing.

J. Maintain responsive and timely communication, both written and verbal, with City staff.

Attend monthly meetings with City staff to review and discuss programmatic needs.

K. Work collaboratively with City staff to maximize partnerships with community service providers and community organizations to cultivate resources and stay connected to the changing needs of the community.

L. Adhere to the Regional Task Force on Homelessness (RTFH) Community Outreach Standards which can be found at Standards, Learning, and Training - Regional Task Force on Homelessness (rtfhsd.org).

M. Abide 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).

N. 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.

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

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

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

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

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

T. 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 and follow the HMIS Workflow for Street Outreach Teams including documenting Case Notes, Exit Locations, and GPS mapping Participant locations. Contractor will provide documentation of the following data points:
i. Number of unduplicated Participants assisted
ii. Number of contacts (touchpoints)
iii. Number of Participants placed in emergency shelter or other temporary locations with HMIS ID
iv. Number of Participants placed in permanent housing with HMIS ID v. Number and types of interventions and services performed vi. Demographic data on Participants

U. 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.

V. 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
City of Carlsbad
23-ERF-2-R-10008

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."
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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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Standard Agreement

EXHIBIT B
City of Carlsbad
23-ER F-2-R-10008

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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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT C
City of Carlsbad
23-ERF-2-R-10008

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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Encampment Resolution Funding Program
Standard Agreement

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.

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

City of Carlsbad
23-ERF-2-R-10008

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:

Initial Here
�
City of Carlsbad
23-ERF-2-R-10008

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
City of Carlsbad
23-ERF-2-R-10008

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.

Initial Her�
14) Inspections
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23-ERF-2-R-10008

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
City of Carlsbad
23-ERF-2-R-10008

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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23-ERF-2-R-10008

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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13 EXHIBIT “C”

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14 EXHIBIT “D”

ITEM B UDGET DESCRIPTION
Outreach Social Worker 240,000.00
Create individual support plans and provide intensive case m anagem ent to participants to help them access housing.

Peer Support Specialist 165,000.00
Provide peer support to participants to help them navigate the com plex system s and m eet basic needs. G ather ongoing feedback from encam pm ent residents on needs.

Fringe Benefits- 30% 121,500.00 Healthcare and other benefits for personnel.

Subtotal 526,500.00$
Flex ible needs 108,000.00
Funding for bus passes, gas cards, m ail box es, docum ent procurement, food, car repair, pet daycare and other basic necessities for individuals ex periencing unsheltered hom elessness.

Item storage 25,000.00
Storage rental for participants so they can safely store their belongings until they can enter perm anent housing.

Reunification assistance 10,000.00
Travel funds and stabilization needs for people able to reunify with friends or fam ily for perm anent housing.

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

Administrative costs at 5% 35,635.00 Administrative costs at 5%.

Subtotal 221,835.00$
Total 748,335.00$
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AGREEMENT FOR HOMELESS HOUSING SERVICES BETWEEN CITY OF CARLSBAD AND

COMMUNITY RESOURCE CENTER
is made and entered into as of the 2/4 t-,A--...., day of vv 1 11 , 2023, by and between the City of Carlsbad, California, a municipal co,poration, ("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 services to homeless residents within 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. ST ANDA RD 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
12 The term of this Agreement will be effective for a period of_..,.<-='----- 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 four hundred four thousand nine hundred thirty-two dollars and fifty cents ($404,932.50). 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 B
July 11, 2023 Item #14 Page 52 of 95
TH.JS AGREEMENT
'1 IY'l 'V

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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: C7418BBB-42BB-4AD0-8B69-A85DE372A997 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 te rm 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 John Van Cleef
Title Homeless Services Manager Title Chief Executive Officer Department
Housing & Homeless
Services Address 650 2nd Street
City of Carlsbad Encinitas, CA 92024
Address 1200 Carlsbad Village Drive Phone No. 760-230-6309 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 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 DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997 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 consent 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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DocuSign Envelope ID: C7418888-4288-4AD0-8869-A85DE372A997

CONTRACTOR
By:
.�v�(M
(sign here)
John Van Cleef, Chief Executive Officer
(print name/title)
By:
�mt- MP�
(sfgn here)
Corrie McCoy, Chief Operating Officer
(print name/title)
Cl"V'Y OF CARLSBAD, a municipal
e State of California
By:

ATTEST:

SHERRY�
City Clerk
F
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: 7/>1 l
Marissa Kaw'icki, Deputy City Attorney
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8 July 11, 2023 Item #14 Page 59 of 95

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9 EXHIBIT “A”

SCOPE OF SERVICES

A. Provide a part-time (.5 FTE) Housing Case Manager. It is strongly desired to have a staff member who is bilingual in both English and Spanish. The Housing Case Manager will provide supportive services and case management to City’s homeless residents (“Participants”) who are living , or were formerly living , within the City’s Encampment Resolution Program area which is attached as Exhibit “C”.

B. Ensure the Housing Case Manager 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, Professional Boundaries, Coordinated Entry, Effective Goal Setting, Mandated Reporting. Housing First and Progressive Engagement/Critical Time Intervention Approaches, Trauma- Informed Care, Harm Reduction, Tenant Rights, Conflict
Resolution/Mediation/Negotiation, Federal, State, and Local Fair Housing Laws, HUD Housing Quality Standards (HQS), and Lead- Based Paint Visual Inspections. City shall determine the appropriate type and number of training sessions required on a case-by-case basis, based on the length and depth of the training course.

C. 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.

D. Assist at least 24 households experiencing homelessness with housing assistance during the Agreement term.

E. Assist at least 6 households with RV space rental assistance during the Agreement term.

F. Maintain responsive and timely communication, both written and verbal, with City staff.

Attend monthly meetings with City staff to review and discuss programmatic needs.

G. 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).

H. Abide 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).

I. 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 DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997 July 11, 2023
Item #14 Page 60 of 95

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10 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.

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

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

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

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

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

O. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant , household 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 15 th and August 15 th 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 and follow the HMIS Workflow for Street Outreach Teams including documenting Case Notes, Exit Locations, and GPS mapping Participant locations. Contractor will provide documentation of the following data points:
i. Number of referrals received and the source of the referring party; ii. Number of Participants and households who have been screened and consented to services;
iii. Number of Participants and households who have been screened and denied or declined program entry;
iv. Number and percentage of total Participants and households placed into permanent housing;
v. Average length of time from program enrollment to permanent housing; vi. Average cost of housing support per household;
vii. Number and percentage of households that increased income; and DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997 July 11, 2023
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11 viii. Number and percentage of households that return to homelessness within a year of exit to permanent housing.

P. 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.

Q. 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.

DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997 July 11, 2023
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12 EXHIBIT “B”
(To be
attached once fully executed—see Exhibit 1, Attachment B.) DocuSign Envelope ID: C7418BBB-42BB-4AD0-8B69-A85DE372A997 July 11, 2023
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1) Authority
Encampment Resolution Funding Program
Round 2, Rolling Disbursement (ERF-2-R)
Standard Agreement

EXHIBIT A
Attachment B
City of Carlsbad
23-ERF-2-R-10008

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."
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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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Standard Agreement

EXHIBIT B
City of Carlsbad
23-ER F-2-R-10008

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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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT C
City of Carlsbad
23-ERF-2-R-10008

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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Encampment Resolution Funding Program
Standard Agreement

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.

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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23-ERF-2-R-10008

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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13 EXHIBIT “C”

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14 EXHIBIT “D”

ITEM B UDGET DESCRIPTION
Housing Case Manager 82,500.00
Provides supportive services and case m anagem ent to households to ensure long term housing retention.

Fringe Benefits- 30% 24,750.00 Healthcare and other benefits Subtotal 107,250.00$
H
ousing Assistance 120,000.00
Funding to m ove individuals from the encam pm ent and shelter to perm anent housing including rental assistance, landlord engagem ent and funding to reduce barriers to housing (application fees, rental d
ebt paym ent, court fees, docum ent procurem ent, etc.).

RV Rental Assistance 115,200.00
Rental assistance paym ents for households with RV hom es that would like to continue living in them but need support paying space rent.

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

Administrative costs at 5% 19,282.50 Administrative costs at 5% Subtotal 297,682.50$
T
otal 404,932.50$
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AGREEMENT FOR HOMELESS MEDICAL SERVICES BETWEEN CITY OF CARLSBAD AND

SOUTHERN CALIFORNIA CARE COMMUNITY
REEMENT is made and entered into as of the __ 1fi __ � ___ day ofTHI ----..J.=IJ'-...lL__:_ ____ , 2023, by and between the City of Carlsbad, California, a municipal co oration, ("City"), and Southern California Care Community, a non-profit organization, ("Contractor").

RECITALS
A. City requires the professional services of an organization that is experienced in providing medical services to homeless residents within 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 _;/..__/,c__ __ 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 one hundred sixty-eight thousand one hundred one dollars and twenty-five cents ($168,101.25). 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 C
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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. S TATUS 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. S

UBCONTRACTING
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. O

THER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.

9. IN DEMNIFICATION
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: 414EC1B4-0FDB-4CC2-AABC-3662DE5A98CD 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. I NSURANCE
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 C overage 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 Co mmercial 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 W orkers' 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 P rofessional 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 A dditional 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 P roviding 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 Fai lure 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 S ubmission of Insuran ce Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.

11. B USINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the te rm of the Agreement, as may be amended from time-to-time.

12. A CCOUNTING 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. O

WNERSHIP 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. C

OPYRIGHTS
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 Mary L. Baker
Title Homeless Services Manager Title Executive Director Department
Housing & Homeless
Services Address 120 N. Ash St.

City of Carlsbad Escondido, CA 92027
Address 1200 Carlsbad Village Drive Phone No. 760-385-3739 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 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 DocuSign Envelope ID: 414EC1B4-0FDB-4CC2-AABC-3662DE5A98CD 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. T ERMINATION
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. C

OVENANTS 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. CL

AIMS 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. J URISDICTION 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. S UCCESSORS 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. S

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

26. EN TIRE 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. A

UTHORITY
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:
� bol:t.r
(sign here)
Mary L. Baker, Executive Director
(print name/title}
� f_o/J,
(sign here)
Karen Pohl, Secretary
(print name/title)
Cl
By:

RLSBAD, a municipal
of the State of California
Scott Chadwick, City Manager
ATTEST:

SHERRY F
City Clerk
�
i
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: f\.ti,yiss� bwuki
Marissa Kawecki, Deputy City Attorney
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8 July 11, 2023 Item #14 Page 73 of 95

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9 EXHIBIT “A”

SCOPE OF SERVICES

A. Provide medical services to City’s homeless residents (“Participants”) who are living within the City’s Encampment Resolution Program area (attached as Exhibit “C”) at a minimum of 1 day per week.

B. Provide medical services to at least 68 households experiencing homelessness during the Agreement term.

C. Maintain responsive and timely communication, both written and verbal, with City staff.

Attend monthly meetings with City staff to review and discuss programmatic needs.

D. Adhere to the Regional Task Force on Homelessness (RTFH) Community Standards which can be found at Standards, Learning, and Training - R egional Task Force on Homelessness (rtfhsd.org).

E. Abide 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 Homelessnes s Action Plan | Carlsbad, CA
(carlsbadca.gov).

F. 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.

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

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

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

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

K. Complete accurate and thorough documentation in a timely manner. Maintain data on each program Participant, household, 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 15 th and August 15 th 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 will provide documentation of the following data points:
i. Number of unduplicated Participants and households assisted ii. Number of contacts (touchpoints)
iii. Number and types of interventions and services performed iv. Demographic data on Participants

L. 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.

M. 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, 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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11 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
City of Carlsbad
23-ERF-2-R-10008

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
City of Carlsbad
23-ER F-2-R-10008

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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Encampment Resolution Funding Program
Standard Agreement

EXHIBIT C
City of Carlsbad
23-ERF-2-R-10008

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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