Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. v. Unfunded plans
If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in 29 CFR 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
vi. Interest Inthe event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding
i. Withholding requirements
The U. S. Department of Housing and Urban Development may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor’s failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract, or upon the contractor’s failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
ii. Priority to withheld funds
The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. A contracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a US. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate; Previouseditionsobsolete 75 FormHUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.
D. Acontractor’s assignee(s);
E. A contractor’s successor(s); or
F. Aclaim asserted under the Prompt Payment Act, 31 U.S.C. 3901 -3907.
3. Records and certified payrolls
i. Basic record requirements
A. Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
B. Information required Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
C. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
ii.Certified payroll requirements
A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to HUD ifthe agency is a party to the contract, but ifthe agency is not such a party, the contractor willsubmit the certified payrolls to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and Previouseditionsobsolete 76 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.
completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. instead, the certified payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the worker’s Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH—347or in any other format desired. Optional Form WH—347is available for this purpose from the Wage and Hour Division Web site at hnosibmmugoLgostmesLdolgov?LlesMHD?egacy?uesMhBAZpdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records).
C. Statement of Compliance Each certified payroll submitted must be accompanied by a “Statement of Compliance," signed by the contractor or subcontractor, or the contractor‘s or subcontractor’s agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete;
2. That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
3. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the “Statement of Compliance” required by 29 CFR
5.5(a)(3)(ii)(C).
E. Signature The signature by the contractor, subcontractor, or the contractor’s or subcontractor’s agent must be an original handwritten signature or a legally valid electronic signature.
F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iii. Contracts, subcontracts, and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The Previous editions obsolete 77 Form HUD-4010, (10/2023)
ref. Handbook 1344.1
Item Number: 11.
contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
iv. Required disclosures and access
A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)-(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to HUD if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. Ifthe Federal agency is not such a party to the contract, the contractor, subcontractor, or both, must, upon request, provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity
i. Apprentices
A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the US Department of Labor, Employment and Training Administration, Office of Previouseditionsobsolete 78 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.
Apprenticeship (0A), or with a State Apprenticeship Agency recognized by the 0A.
A person who is not individually registered in the program, but who has been certified by the 0A or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the 0A or a State Apprenticeship Agency recognized by the 0A withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
B. Fringe benefits Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. Ifthe apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. if the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate, who is not registered or othenNise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work onthe job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. ifthere is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor’s registered program must be observed.
ii. Equal employment opportunity The use of apprentices and journey workers under this part must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S.
Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractorls) responsible will be liable for any unpaid wages and Previous editionsobsolete 79 FormHUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.
monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-BaCOnand Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the US. Department of Labor, or the employees or their representatives.
10. Certification of eligibility.
i. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person orfirm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a). iii. The penalty for making false statements is prescribed in the US. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; or iv. Informing any other person about their rights under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5.
B. Contract Work Hours and Safety Standards Act (CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or (for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses must be inserted in addition to the clauses required by 29 CFR 5.5(a) or 4.6. As used in this paragraph, the terms “laborers and mechanics” include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in Previous editionsobsolete 80 Form HUD-4010,(IO/2023)
ref. Handbook 1344.1
Item Number: 11.
which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 CFR 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of $31 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 CFR 5.5(b)(1).
3. Withholding for unpaid wages and liquidated damages
i. Withholding process The US Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in 29 CFR 5.5(b) on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in 29 CFR 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or (b)(3)(i), or both, over claims to those funds by:
A. A contractor’s surety(ies), including without limitation performance bond sureties and payment bond sureties;
B. Acontracting agency for its reprocurement costs;
C. A trustee(s) (either a court-appointed trustee or a US. trustee, or both) in bankruptcy of a contractor, or a contractor’s bankruptcy estate; D. Acontractor’s assignee(s);
E. A contractor’s successor(s); or
F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1) through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth Previouseditionsobsolete 81 FormHUD—4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.
in 29 CFR 5.5(b)(1) through (5). In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker orjob applicant for:
i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in 29 CFR part 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or othenNise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5;
iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or 29 CFR part 5; or
iv. informing any other person about their rights under CWHSSA or 29 CFR part 5.
C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1, the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made and actual wages paid. Further, the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower-tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as ifthey were inserted in full text.
E. Incorporation by operation of law The contract clauses set forth in this section (or their equivalent under the Federal Acquisition Regulation), along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations Previouseditionsobsolete 82 Form HUD-4010, (IO/2023)
ref. Handbook 1344.l
Item Number: 11.
are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law.
F. HEALTHANDSAFETY
The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds
$100,000.
1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
Previous editionsobsolete 83 Form HUD-4010,(10/2023)
ref. Handbook 1344.1
Item Number: 11.
Emil-l
FEDERALPREVAILING WAGE DECISION
(CA mod. )
Insert most recent, (10 days prior to bid opening) wage decision at this point.
LABORSTANDARDSREQUIREMENTS- PRECONSTRUCTIONPHASE. A construction project covered by Federal Labor Standards Provisions (HUD-4010) requires a series of specific actions prior to the actual start of construction. Those actions are:
a. obtaining an applicable Davis-Bacon wage determination for the project; b. including that wage determination (and any modifications) in the bid documents where there is competitive bidding or in invitations for proposals; and
0. including appropriate labor standards provisions and the wage determination in the construction contract.
CONSTRUCTION WAGE DETERMINATION- DEFINITION.All construction bid documents and contracts, or analogous instruments covered by the Federal Labor Standards Provisions (HUD-4010) m contain a current and applicable wage determination issued by the Department of Labor. The term “wage determination” includes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of the original decision.
Reference: Handbook 1344.1 Federal Labor Standards Compliance in Housing and Community Development Programs’; paragraph 2-1, section 1 paragraph 1-1.
OBTAININGWAGE DETERMINATIONS
The Riverside County Department of Housing &Workforce Solutions (HWS) will be responsible to obtain and provide the appropriate Federal wage determination from the US. Department of Labor (DOL) for this project. The appropriate wage determination will be the most current determination, applicable for Riverside County and the construction type, that is effective ten (10) days before the opening of bids. Wage determinations shall be effective (locked-in) on the date that bids are opened provided that the contract is awarded within 90 days after bid opening. If the contract is awarded more than 90 days after bid opening, the wage determination shall be updated as of the date of award. If construction starts more than 90 days after contract award, the wage determination shall be updated as of the construction start date.
Item Number: 11.
SEE ATTACHED PREVATLTNG WAGE DETERMINATION
DATED NOVEMBER 08 2024
Item Number: 11.
Item Number: 11.
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and the Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). Contractor, subcontractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applic_abl_eLeguiLements as follows:
0. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, general identity or national origin.
Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex sexual orientation, general identity or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race color, religion, sex, sexual orientation, general identity or national origin. Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.
2. Copeland “Anti-Kickback”Act (18 U.S.C. 874 and 40 U.S.C.A. Section 3145): All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Capeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is othewvise entitled. The recipient shall report all suspected or reported violations to HUD.
3. Davis-Bacon Act, as amended (40 U.S.C.A. Section 3141-3148): When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. A. Section 3141—3148) and as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under the Davis Bacon Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the U.S. Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.8. CA.. 32701 through 3708): Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with the Contract Work Hours and Safety Standards (40 U.S.C.A.
Item Number: 11.
32701—3708), as supplemented by Department of Labor Regulations (29 CFR Part 5). Under Section 40 U.S.C.A. 3702, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. 40 U.S.C.A. 3704of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for tranSportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
6. Rights to Data and Copyrights — Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.404-3, Federal Acquisition Regulations (FAR).
7. Air Pollution Prevention and Control (formally known as the Clean Air Act) (42 U.S.C.A. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C.A. Section 1251 et seq.), as amended:—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C.A. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 U.S.C.A. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are fonivarded from tier to tier up to the recipient.
9. Debarment and Suspension (Executive Orders (£0. 5) 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension," as set forth at 24 CFR part 2424. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
10. Drug-Free Workplace Requirements— The Anti-Drug Abuse Act of 1988 (41 U.S.C.A.
Section 8101 -8103)requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug—free workplaces. Each potential recipient must certify that it will comply with drug—freeworkplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 2425.
Item Number: 11.
11. Access to Records and Records Retention: The Consultant or Contractor, and any subconsultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or subcontractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, Dec. 22, 1975; 42 U.S.C.A. Section 6201, et. seq., 89 Stat. 871).
14. Procurement of Recovered Materials (2 CFR 200.322.) Anon-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with 42 U.S.C.
Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A. Section 6901 , et seq.), as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
15. Build America, Buy America (BABA)Act: The Grantee must comply with the requirements of the Build America, Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, If applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABArequirements, unless excepted by a waiver.
16. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors of domestic and dating violence, sexual assault and stalking (‘domestic violence”). VAWA 2022 reauthorizes, amends, and strengthens the VAWAof 1994, as amended (Pub. L. 103-322, tit. IV,sec. 40001 -40703; 34 U.S.C. 12291 et seq.) HUD’s implementing regulations for VAWA’S protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related provisions in HUD’s program regulations (HUD’s VAWA regulations). VAWA 2022 amendments took effect on October 1, 2022 and 2022 VAWA’s reauthorization includes new implementation requirements. Grantees, subrecipients and developers shall ensure compliance with all requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency transfer plan allowing domestic violence Item Number: 11.
survivor to move to another safe and available unit; (0) Provide protections against denial, terminations, and evictions that directly result from being a victim of domestic violence; (d) Implement a low barrier certification process and allow self-certification of domestic violence.
Item Number: 11.
EXHIBIT B-4
Required Bid Form
CERTIFICATION OF BIDDER
REGARDING NONSEGREGATED FACILITIES
Project Name: John H.Furbee Aquatic Center Improvements Name orBiddenw
The above-named Bidder hereby certifies that:
I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise.
I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000.
Signature: \[W W
Name (Print): YESHUPURI
Title: PROJECT MANAGER
Date: 11/26/2024
Item Number: 11.
opus
COUNTY OF RIVERSIDE’S
DEPARTMENTOF HOUSING ANDWORKFORCE SOLUTIONS
SECTION 3 PROGRAM
OVERVIEW AND REQUIREMENTS
The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing or residents of the community in which Federal assistance is spent.
APPLICABILITY
o Recipients and sub-recipients of Section 3 covered assistance, including contractors and subcontractors that perform work on Section 3 covered contracts/projects, are required to comply with Section 3 requirements.
0 Section 3 requirements do not apply to contractors who furnish only materials or supplies and do not undertake the installation of the materials or supplies.
SE T ON 3 GOALS
Contracts over $200,000 trigger Section 3. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 residents and business concerns to meet these safe harbor benchmarks:
1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and
2.Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers.
Contractors and subcontractors must make their best efforts to provide employment and training opportunities to Section 3 Workers and document such efforts to realize the Section 3 benchmarks.
Contractors and subcontractors will be considered to have complied with Section 3, if they meet or exceed the Section 3 benchmarks, or certify that they have followed the prioritization of efforts in 24 CFR75.9 and 24 CFR75.19.
E SE 8
Section 3 ProiectImplementation Plan
I. Submittal of Section 3 Implementation Plan:
Bidder/Proposer ANDits first-tier subcontractors are to submit a completed Section 3 Implementation Plan in bid. A ”non-responsive” determination may be made due to non-submittal.
II. Submittal of Supporting Documentation:
Bidder/Proposer AND its first-tier subcontractors whose Utilization Plans indicate no subcontract awards to certified Section 3 Business Concerns will be required to submit, upon request by HWSsupporting documentation for review and approval verifying efforts to outreach to and award subcontracts to Section 3 Business Concerns. A “non-responsive” determination shall be made due to a lack of documented outreach to Section 3 Business Concerns by the Bidder/Proposer.
Housing &Workforce Solutions 3403 Tenth St. Suite300 RiversideCA92501 951 -955-1 161 Rivcoeda.org/Departments/Housing/Community Development BlockGrant/Community Development Section 3 Program Item Number: 11.
NOUUNG AND HWSwcuvoatt $OLUNOHS
Bidder/Proposer may be deemed “non-responsive” if Implementation Plan indicates the following: (1) Existing employees do not meet the definition of a Section 3 Worker; and (2) Bidder/Proposer does not agree to make a documented good faith effort to hire Section 3 Workers (when there is a need to hire new employees).
SECTION 3 REQUIREMENTSFOR AWARDEES
SecticniQQDILamLanguage
AllSection 3 covered contracts and subcontracts shall include the following language:
I. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.
III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFRpart 75.
V. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor‘s obligations under 24 CFR part 75.
VI. Noncompliance with HUD's regulations in 24 CFRpart 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
VII.With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference Housing&Workforce Solutions 3403 Tenth St. Suite 300 RiversideCA92501 951 -955-1 161 Rivcoeda.org/Departments/Housing/Community Development BlockGrant/Community Development Section 3 Program Item Number: 11.
- KOUHNG AND
. WGIR’OR(I
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and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
Section??uatterm LaborHours Report
Contractors and subcontractors are to make good faith assessments of employees’ labor hours on Section 3 covered contracts/projects for the following:
0 Total labor hours worked by all employees (excludes the total labor hours from professional services) 0 Total labor hours worked by Section 3 Workers
0 Total labor hours worked byTargeted Section 3 Workers Contractors and subcontractors are to report their good faith assessments of labor hours on the Section 3 Quarterly Labor Hours Report. Exception: Contractors and subcontractors whose contracts are subject to prevailing wage laws are to submit their weekly certified payroll reports, instead of the Section 3 Quarterly Labor Hours Report.
li ' r'
Section 3 compliance monitoring will be performed by HWS Section 3/EOC Unit. Contractors and subcontractors who submitted approved Utilization Plans shall maintain their approved percentages of Section 3 participation throughout the term of the contract/project. Contractors and/or subcontractors whose Utilization Plans projected no new hires must, to the greatest extent feasible, hire certified Section 3 Workers or Targeted Section 3 Workers, when the need to hire occurs.
‘ FREQUENCY OF.MONITORING 2 ContractDescription
Constructlon andMaintenance (subject to prevailing
Non- -Construction(<3 months’ performance)
Non-Construction( >3 months’ performance)
Noncompliance with HUD’s regulations in 24CFR75 may result in sanctions, termination of contract for default, and debarment or suspension from future HUD-assisted contracts.
Housing&Workforce Solutions 3403 Tenth St. Suite 300 RiversideCA92501 951 -955-1161 Rivcoeda.org/Departments/Housing/Community Development BlockGrant/Community Development Section 3 Program Item Number: 11.
O HW351%‘1‘3'313" EXHIBIT 8-6
:I ‘ ~ ‘10.fo1?“'3 .
—— Required Bid Form
Section 3 Project Implementation Plan
general SubminalInstructions:
8' r AND its first-tier subcontractors are to submit a completed Section 3 Implementation Plan(s) in bid. If not, A “non-responsive” determination may be made clue to non-submittal.
Project Information:
Project Name: John H.FurbeeAquaticCenter Bid/Solicitation #: 2013 lmorovements
[jContractor E] Subcontractor Information
Company Name: USACONSTRUCTIONLLC Address: 1595 PEACHTREEPKWYsurrE 204-344 CUMMING,GA.30041
Authorized Representative: YESHUPURI Title: PROJECT MANAGER Ph°“e‘ 877-248-1872 Email: [email protected]
Proposed Dollar Value of Contract or Subcontract:
List if ELBE,DBE,DVBE,MBE,SB, SLBEor WBE(or “N/A” if non-applicable): N/A Section 3 Requirements
Employment and Training
To the greatest extent feasible, employment and training opportunities arising in connection with Section 3 projects shall be provided to Section 3 workers within the County of Riverside. Where feasible, priority for employment and training will be given to:
1. Section 3 workers residing within the service area or neighborhood of the project, and
2. Participants in YouthBuild programs.
Contracting
To the greatest extent feasible, work contracts awarded in connection with Section 3 projects shall be provided to business concerns that provide economic opportunities to Section 3 workers residing within the County of Riverside. Where feasible, priority for contracting opportunities will be given to:
1. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and
2. YouthBuild programs.
Compliance Benchmarks
To demonstrate compliance with Section 3, contractors are required to follow the prioritization of effort
outlined above and meet or exceed the following safe harbor benchmarks:
1. 25 percent or more of the total number of labor hours worked by all workers on the project shall be performed by Section 3 workers, and
2. 5 percent or more of the total number of labor hours worked by all workers on the project shall be performed by Targeted Section 3 workers.
Definitions
Item Number: 11.
HOUSING um HWSwcruoau
SOLUTIONS Section 3 Project Implementation Plan E_XH_ IBIT B-6 (Continued)
0 Section 3 worker: Any worker who currently fits or when hired within the past three years fits at least one of the following categories, as documented:
(1) The worker’s income for the previous or annualized calendar year is below the income limit established by HUD(see Income Limits table below). (2) The worker is employed by a Section 3 business concern. (3) The worker is a YouthBuild participant.
0 Targeted Section 3 worker: ASection 3 worker who is:
(1) Aworker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired within the past three years fit at least one of the following categories, as documented:
(i) Livingwithin the service area or the neighborhood of the project; or (ii)AYouthBuild participant.
- Service area or the neighborhood of the project: An area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent US Census.
HUDIncome Limits
The table below shows the income limits set by HUD that determine eligibility for certain programs, including Section 3. HUD develops income limits based on Area Median Income (AMI)estimates and Fair Market Rent (FMR) area definitions. For more information, please see the HUD Income Limits Documentation System online at muttduser.gov[po?alLda.tasetsLiLht[tLL Riverside County, CA MSA
2023 2022 2021
Low-income
1. Does your business qualify as a Section 3 business concern? YESDNO\/
Ifyou answered YES, complete the attached Section 3 Business Concern Form (Pg. 6), and submit with this Plan.
A Section 3 business concern is a business that satisfies at least one of the following criteria, as documented within the last six-month period:
a. The business is at least 51% owned and controlled by low- or very low-income persons; b. The business is at least 51% owned and controlled by residents who currently live in public housing or Section 8-assisted housing; or
0. Over 75% of the labor hours performed for the business over the prior three-month period were performed by Section 3 workers — i.e., workers who currently are, or when hired within the past three years were:
(i)low-income persons or
(ii)YouthBuild participants.
Item Number: 11.
HWS?§5‘;.‘~.’?§:E*“
Section 3 Project Implementation Plan
2. Do you have current employees whose annual income is below the income limit? See HUD Income Limits table.
YES NO \/
If "YES,”prior to contract execution, the names of qualifying employees shall be provide EXHIBIT 8-6 gContinued! 3. Do you plan to hire new employees to perform on or support the contract, ifzt/_-_...c contract? YES NO
if "YES,”at a minimum, you must contact the HWS Section 3 Unit at RivCoCDBGQrivcotorg to obtain examples of qualitative efforts to create employment
4. Do you agree that when there is a need to hire new employees, a documented ood faith effort shall be made to hire Section 3 Workers? kl;YES NO
5. How many workers are needed to complete the project? Please list the job classifications and number of workers your company will need to complete the contract work. Attach additional sheets if necessary.
Item Number: 11.
(9 HWS?§€‘:7-S§:ET“
Section 3 Project Implementation Plan
Job classrfication Total Number of
(Office/Clerical, Manager, estimated
k
, Estimated
Engineer, Technician, number of war ers m number of
Supervisor/Foreman, Electrician, workers current additional Plumber, Laborer, Trainee, needed workforce workers needed Security, etc.)
NON-IDENTIFIEDATTHISTIME
EXHIBIT B-6
1Continued|
8. Will you be using subcontractors on this project? \(YESNO If “Yes”, Bidder/Proposer is required, to the greatest extent feasible, to outreach to and award subcontracts to Section 3 Business Concerns. WMLLS CQNTAQTltLE HWS SJiClIQN A3ZEQQ, UNIT AT BNQDQDMUMMLOLQOJQ
httpszllrivcoedacrg/Departments [Houmg/ Community-Develm Blocerant/QommunigDeveImeent ISection-B—Program TO OBTAIN "ExamplQLQLE?Q?SJQ Create Eanlovmentand Contracti‘ngQonrtunities.”
Section 3 Business Concerns must complete the Section 3 Business Concern Form and ms:
3 certified by HWS. For ELBE, SLBE, SB, DBE, MBE,WBE or DVBEfirms, please attach a copy Item Number: 11.
raw3
Section 3 Project Implementation Plan
of their certification(s). List ALLproposed subcontractors (including subconsultants) for this project on the table below.
Scope of work (trade or Section 3, Estimated contract . . . busmess . servrce description) value Yes I No
Business name
4. Do you commit to engage in good faith efforts to meet or exceed the Section 3 Benchmarks? [3455[:1 No
Such qualitative efforts may include, but are not limited to:
0 A lic t — EXHIBIT 8-6
I Engage in outreach efforts to generate job applicants who are (M1199) workers, including posting job openings at the job site, HUD OpportunityPortal, social media pages, and other platforms. .Clearly indicate Section 3 eligibility on all job postings, notifications, and advertisements with the following statement: “This is a Section 3 eligible job opportunity. We encourage applications from individuals that are low-income, live in public housing, and/or receive a Section 8 voucher.”
- Include the Section 3 Worker Self-Certification form in alljob postings.
Item Number: 11.
Momma AND HW8wcuvmu
$OLUNONS Section 3 Project Implementation Plan
One-Step / YouthBuildOytreach - Engage in outreach or referrals with local YouthBuild programs, or other community organizations to assist with training and recruiting Section 3 and Targeted Section 3 workers.
Training and Apprenticeship — Provide training or apprenticeship opportunities.
JQinaiLs — Hold one or more job fairs or sponsor a job informational meeting in the project area.
?usiuessgoncemgutmach:
I Engage in outreach efforts to identify and secure bids from Section 3 businesses by advertising notices of contracting opportunities and related information in local community papers.
I Provide written notice to all known Section 3 business concerns, with sufficient time for interested businesses to respond to bid invitations.
l"Send notice of contracting opportunities to local community development organizations, business development organizations, or minority contracting associations.
I State clearly in all notices that the contracting opportunity is Section 3 eligible and include a copy of the Section 3 Business Concern Certification form.
Competition Assistance — Provide technical assistance to help Section 3 business concerns understand and bid on contracts.
QQLELQCLSELg- Size, split, or divide contracts into smaller jobs to facilitate participation by Section 3 business concerns, particularly where economies of scale or efficiency of delivery are not factors. [2 CFR 200.321 (b)(3)]
Wm! - Provide bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Business Registries — Promote the use of business registries designed to create opportunities for disadvantaged and small businesses.
Additional activities and efforts aimed at increasing economic opportunities for Section 3 workers and
businesses may include, but are not limited to:
EmploymemAssistance - Provide technical assistance to help Section 3 workers compete for jobs, or connect them with assistance in seeking employment, including resume assistance, interview preparation, coaching, orjob placement services.
Werk Readiness and Retentien — Provide or refer Section 3 workers to services supporting work readiness and retention, such as interview clothing, licensing or testing fees, transportation, or childcare.
EinancialLitereey— Help Section 3 workers obtain financial literacy training or coaching.
Edeeetien Assistance — Assist Section 3 workers to apply for or attend community college, four-year educational institution, or vocationaUtechnical training.
5. Do you commit to prioritize your efforts in hiring, training, and contracting as equ‘ ed by the Section 3 regulations and outlined on page 1 of this Plan? {3/ was |:| NO Item Number: 11.
(a steirsaev"
SECTION 3 BUSINESS CONCERN FORM
Please complete this form to determine if your business may qualify as a Section 3 Business. Businesses that qualify will be contacted by HWS Section 3 Coordinator to complete a Section 3 Business Application and asked to provide additional documentation to verifytheir status as a Section 3 Business.
What is S?ztion 3?
Section 3 is a provision of the Housing and Urban Development Act of 1968 (24 CFR Part 75) that requires recipients of certain HUD financial assistance, to the greatest extent possible, to provide job training, employment, and contract opportunities for low~ or very low~income residents in connection with projects and activities in their neighborhood.
'
Abmgcmmeqim?titmastered the tolloyving criteria:
A. It is at least 51% owned and controlled by low» or very low-income persons; B. Over 75% of the labor hours performed for the business over the past three-month period were performed by workers who met at least one of the criteria below; or C. It is at least 51% owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
Workers must meet one Qfthe tollewingcdte??ora businessto qualify as,Se,c,tionSAodeLitemJiabove; - Reside within one mile of the Section 3 project (or, if fewer than 5,000 people live within one mile of the Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census); . Be a HUD YouthBuild participant; or 0 Income forthe previous or annualized calendar year is below 80% of the current area median income for the area in which the worker resides. (Use the worker’s annual gross income based on AMIfor a single-person household.) HUD income limits can be found at bnoszliw?vvwenuduser.goy/portal/datasets/il.html.)
ICompany Name: USA CONSTRUCTIONLLC
lContact Person: YESHUPURI
Mddress: 1595 PEACHTREE PKWYSUITE204—344
City: CUMMING State: GA Zip: 30041
Phone: 8772484872 Email: [email protected]
jhavereviewed the above information and my business MAY QUALIFYas a Section 3 Business.
Please contact me about completing an application and certification. 11/26/2024
Date
Item Number: 11.
(9st
EXHIBIT B-7
Required Bid Form
Certification for Section 3 Compliance
(Requlte?itLBldlieRaniallSubcontraQthS)
Project Information:
Project Name: John H, FurbeeAquaticCenter ImprovemenB Bid/Solicitation #2 2013 Contractor/Subcontractor Information:
C0mpany Name: USACONSTRUCTIONLLC Address: 1595 PEACHTREE PKWYSUITE204-344 CUMMING,GA,30041
Authorized Representative: YESHU PURI Title: PROJECT MANAGER Phone: 877-248-1872 Email: [email protected]
”I.
By completing and signing this form, I agree to comply with all applicable requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 75) and HWS’ Section 3 requirements
INITIALHERE ___YP
i understand that “to the greatest extent feasible,” work contracts awarded in connection with Section 3 projects shall be provided to business concerns that provide economic opportunities to Section 3 workers following the prioritization efforts outlined in Section 3 regulation.
INITIALHEREL
I understand that in the event any new employment opportunities are created as a result of this CDBG-funded project then “to the greatest extent feasible” employment and training opportunities shall be provided to Section 3 workers following the prioritization efforts outlined in Section 3 regulation.
INITIALHERFL
I understand the safe harbor benchmarks for Section 3 compliance and that ifthese benchmarks are not met the contractor will be required to report on the qualitative efforts made to meet the INITIALHERE VP—
I understand that I will be required to make good faith assessments of employee labor hours on Section 3 covered projects and submit quarterly and final Section 3 reports and supporting
INITIALHERE YP
I understand that any and all sub-contracts and sub-tier agreements resulting from this CDBGfunded project are also subject to Section 3 compliance and that it will be the General/Prime Contractor’s responsibility to ensure compliance from all subcontractors.
INITIALHERE
IV.
benchmarks.
V.
documentation.
VI.
VII. I understand that noncompliance with HUD’s regulations in 24 CFR Part 75 may result in sanctions, termination of contract for default, and debarment or suspension from future HUDassisted contracts.
INITIALHEREL
Item Number: 11.
Momma Any woxn mu
somuou
I declare that all statements containedin this form and any accompanying documents are true and correct and made with full knowledge that all statements given are subject to investigation and that any false or dishonest answer to any question maybe grounds for denial or revocation of funding or otherpenalties as prescribedunder 18 US. Code § 1001‘ YESHU PUR‘ USACONSTRUCTIONLLC
Name of P esid nt or Authorized Officer Company Name
a;4:g:5: ,_PROJECTMANAGER 11/26/2024
Signa I e Date
Item Number: 11.
EXHIBIT 13-8
Required Bid Form
uamma no
ICII)UI(I
sou-rue“
BIDDER CERTIFICATION ON
FEDERAL CONTRACT RE UIREMENTS
Project Name: John H.Furbee AquaticCenter Improvements Bid/Solicitation #: 2013 CERTIFICATION:
I hereby certify that I have reviewed and understand the diversified Federal construction contract-related requirements imposed on the Contractor(s) of HUD—funded construction projects, including but not limited to the following:
1. The subject project is being financed with Community Development Block Grant funds (24 CFR Part570); and
2. This project and all related construction contracts are subject to the U.S. Department of Housing and Urban Development’s Federal Labor Standards Provisions (HUD 4010 — revised 10/2023); and
3. This project is subject to all applicable laws and regulations as listed in the General Summary of these Special Federal Provisions; and
4. If my bid is $200,000 or more, this project and all related contracts will be subject to Section 3 requirements (12 U.S.C.1701u); and
5. Ifthe project is $250,000 or more, this project and all related contracts will be subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC 8301).
CONTRACTOR’S NAME: USA CONSTRUCTIONLLC
CONTRACTOR’SLICENSEN ~ 1015575 C53
1595 PEACHTREE PKWYSUITE 204—344CUMMING,GA 30041
ADDRESS'
AUTHORIZED REPRESENTATIVEw—(Print Name)
SIGNATURE: @4—
DATE: 11/26/2024
Item Number: 11.
sownom ' ° Required Bld Form
QUESTIONNAIREREGARDINGBIDDERS
Bidder has been engaged in the contracting business under the present name of USACONSTRUCTIONLLC ,Smce 2014 (Date).
Present business address is: 1595 PEACHTREEPKWYSUITE204-344,CUMMING,GA30041 Federal Tax ID: 833599409 Amount of Bid $ 1.058.680
California Contractor's License No.: 1015575 Expiration Date:
6/30/2026
UEI Number: or CAGE Code:
Because this project is Federallyfunded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The US. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors.
A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more “minority-owned”. Please check the applicable box concerning the ownership of your business:
American Indian or Native Alaskan
Asian or Pacific Islander/Native Hawaiian
Black/African American
Hispanic
White
Hasidic Jews
Other
A woman-owned enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more woman-owned. Please check applicable box concerning the ownership of your business:
[I] Woman/Female owned D/Male owned
A Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers. Please check the applicable box concerning the ownership of your business:
II! Section 3 Business concern Mon-Section 3 Business concern The United States Department of Housing and Urban Development (HUD) is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. It will not be disclosed or released outside of HUD without your consent, except as required or permitted by law.
Item Number: 11.
EXHIBIT B-10
Required Bid Form
LISTOF SUBCONTRACTORS
SUBCONTRACTOR FED.I.D.# AMOUNT ADDRESS/PHONENO.
NON-IDENTIFIEDATTHISTIME
SUPPLIERS
NAMEOF SUPPLIER ADDRESS/PHONENO. CONTRACTAMOUNT
NON-IDENTIFIEDAT THISTIME
If the project is $250, 000 or more, this project and all related contracts willbe subject to comply with the requirements of the Build America, Buy America (BABA) Act (41 USC8301).
This form is to be completed and submitted with the bid package.
Item Number: 11.
SR-24-257
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Award Construction Agreement for the Police Department Annex Building Project 8003
RECOMMENDATION:
1) Award the construction agreement for the Police Department Annex Building Project 8003, to the lowest responsive qualified bidder Perera Construction and Design Inc.; and 2) Authorize the City Manager to draft and execute the construction agreement for Police Department Annex Building Project 8003, with Perera Construction and Design Inc, in an amount not to exceed $6,049,000.00, with a 10% contingency of $604,900.00 bringing the total amount to $6,653,900.00.
And approve a total project budget in an amount of $7,263,900 for additional project expenses for the costs of construction management, and furniture, finishing's, and, equipment.
BACKGROUND:
In 2022 a Public Safety Bond was issued in the amount of $15,000,000. The bond proceeds were to be used for various public facilities.
On November 2, 2021, the City Council approved the staff’s recommendation to authorize the City Manager to execute a Professional Service Agreement with STK Architecture, Inc. for design, engineering, and construction administration for the Public Safety Bond Projects.
Since the issuance of the bonds various projects have been completed, or are in construction.
The Carl May Center Tenant Improvements were completed on March 27, 2023.
The Police Station Tenant Improvements were completed on May 2, 2024.
On March 19, 2024, City Council awarded the construction agreement for Fire Station 98 to the Lowest responsive qualified bidder, Oakview Constructors. The Fire Station 98 is under construction and expected to be complete in summer 2025.
On April 2, 2024, City Council rejected all bid proposals for the construction of the Public Safety Campus, and authorized Staff to develop and finalize a phasing plan for the Public Safety Campus, in which Phase 1 of the Public Safety Campus included the construction of the Police Department Annex Building only but still maintain operational functionality of the entire site. Council also Authorize Item Number: 12.
SR-24-257
Staff to proceed with re-design of plans and specifications accordingly, and re-advertise Request For Proposal for Construction of Police Annex Project.
Staff worked with STK Architecture in developing a functional Phase 1 of the Public Safety Campus and named It the PD Annex Building Project. The project consists of one new 6,371 square feet building, parking lot, access driveway, security block walls, storm water retention basin, and other site improvements.
DISCUSSION:
On October 22, 2024, the City of Desert Hot Springs issued a Notice of Inviting Bids for construction of the PD Annex Building Project. The Notice of Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations. The Notice of Inviting Bids was released for 34 days, closing on November 25, 2024.
On November 25, 2024, City Staff received and publicly opened six (6) bids packages. The following are the bid packets received with corresponding total bid amounts.
Lowest to
Highest
Contractor
Name
Contractor
Address/Phone # Base Bid Alternate #1 Alternate #2 Total Bid 1 Perera
Construction
2890 Inland
Empire Boulevard
#102
Ontario, CA
91764
909-481-6350
$
6,049,000.00
$
260,000.00
$
150,000.00
$
6,459,000.00
2 Oakview
Constructors, Inc.
PO Box 625
959 Calimesa
Boulevard
Calimesa, CA
92320
909-795-0990
$
6,098,000.00
$
272,400.00
$
188,000.00
$
6,558,400.00
3 Robert Clapper
Construction
Services, Inc.
700 New York
Street
Redlands, CA
92374
909-829-3688
$
6,173,000.00
$
151,000.00
$
311,000.00
$
6,635,000.00
4 Wakeco, Inc.
42020 Winchester
Road
Temecula, CA
92590
951-200-5758
$
6,271,000.00
$
169,000.00
$
285,000.00
$
6,725,000.00
5 Diamond
Construction, Inc.
1849 West
Redlands
Boulevard #101
Redlands, CA
92373
909-335-4866
$
6,440,000.00
$
278,980.00
$
177,000.00
$
6,895,980.00
6 Keystone
Builders, Inc.
4212 East La
Palma Avenue
Anaheim, CA
92807
714-572-1123
$
6,591,000.00
$
325,000.00
$
210,000.00
$
7,126,000.00
During the design there were two bid alternates that were shown on the plans and listed in the bid form of the bid proposals as bid alternates. Alternate 1 was for a shade structure over the north side parking lot of the building, and alternate 2 was for the shade structure over the east side parking lot of the building. Based on available funding and the total costs of the bid alternates, Staff is recommending awarding the construction agreement at the base bid amount without alternate 1 and alternate 2. Shade structures are not critical to the operation of the facility and can be added a future time.
Item Number: 12.
SR-24-257
Staff reviewed the bids and verified all submittals and determined the lowest responsible bidder to be Perera Construction and Design Inc. Staff verified references and found Perera Construction and Design Inc. to meet the necessary qualifications.
The City received one bid protest letter from Oakview Constructors protesting the award of the lowest apparent bidder Perera Construction and Design Inc. The protest letter is attached as an exhibit.
Perera Construction and Design Inc. submitted a response to the bid protest which is also attached.
Based on the review of the submittal criteria and requirements, and the review and response to the bid protest, Staff is recommending City Council reject the bid protest as the items presented in the protest were found to be appropriately answered in the response letter, and proceed with awarding the contract to the lowest responsible bidder Perera Construction and Design Inc.
Staff is recommending that City Council award the construction contract agreement to the lowest responsible bidder, Perera Construction and Design Inc. in the base bid amount of $6,049,000.00, plus 10% contingency, and the costs of furniture, finishings, and, equipment.
FISCAL IMPACT:
Police Department Annex Building
Construction Costs Quantities
Base Bid - Lowest Bidder $ 6,049,000.00
Contingency 10% - Base $ 604,900.00
Total Base Bid with Contingency $ 6,653,900.00
FFE Costs Quantities
Furniture $ 65,000.00
Utility Connections $ 10,000.00
Low Voltage Security $ 200,000.00
Lockers/Storage $ 310,000.00
Materials Testing $ 10,000.00
Labor Compliance $ 15,000.00
Sub-Total $ 610,000.00
Total Project Budget $ 7,263,900.00
Available Fund Source Amount
Public Safety Bond $ 4,300,000.00
ARPA Funds $ 2,000,000.00
Development Impact Fees - Streets $ 800,000.00
DIF - Law Enforcement $ 163,900.00
Total $ 7,263,900.00
PD Annex Building - Budget $ 7,263,900.00
ATTACHMENTS:
Item Number: 12.
SR-24-257
1) PD Annex Building - Notice Inviting Bids
2) PD Annex Building - Bid Tabulation
3) PD Annex Building - Perera Construction Proposal
4) Bid Protest Letters - Oakview
5) Response Letter to Bid Protest - Perera
Item Number: 12.
NOTICE INVITING BID PROPOSALS
for
PD ANNEX BUILDING PROJECT
CITY PROJECT NO. 8003
CITY OF DESERT HOT SPRINGS
RECEIPT OF BID PROPOSALS: Bids will be received by the City of Desert Hot Spring Department of Public Works, for furnishing of all labor, material, tools, and equipment necessary for the construction of a new Police Department Annex Building as more particularly described in the specifications under PD Annex Building Project City Project No. 8003, in the City of Desert Hot Springs.
The bids must be submitted to the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2:00 p.m. on Monday November 25, 2024. Public Works “Bid: PD Annex Building Project, City Project No. 8003” shall appear on the envelope of each bid proposal and the bids will then be reviewed by staff.
The Prospective Bidders who will submit Bid Proposals are advised that a “Mandatory Pre-Bid Conference” for this project will be held at 11 a.m. on Thursday, November 7, 2024, at the Desert Hot Springs Police Station, located at 65950 Pierson Blvd, Desert Hot Springs, CA 92240. Attendance at this meeting is mandatory for award of the contract.
Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.
No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code.
The work requires a California Class “B” contractor's license.
The bids must be submitted on the proposal forms included in the bidder's package of the contract documents. All bids must be original documents and signatures, copies will NOT be accepted. Incomplete bid packages will be deemed non-responsive.
TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must
agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 365 consecutive calendar days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.
OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package Item Number: 12.
for the City of Desert Hot Springs PD Annex Building Project are ONLY available to be ordered online at: www.planitprintworks.com. For orders by phone, contact: Planit Print Works at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning Daniel Lopez at (760) 329- 6411 Ext. 221.
The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); “Riverside County Standard Specifications,” Latest Edition; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The “Standard Specifications for Public Works Construction,” Latest Edition is available at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Tel: (714) 517- 0970, “Riverside County Standard Specifications,” is available at the Riverside County website: https://rctlma.org/Portals/7/documents/ord461/ord461_specs.pdf, and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916)263-0822 or Publication Unit Web site: http://caltrans-opac.ca.gov/publicat.htm.
ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Pre-bid inquiries and questions shall be directed to Daniel Lopez, via email at [email protected] and include “Pre-bid Questions for PD annex Building Project, Project No. 8003” in the “Subject Line”. Prebid questions will only be accepted from Friday November 8, 2024, through Wednesday November 13, 2024 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.
The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.
The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City non- responsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.
A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.
The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.
All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Item Number: 12.
Department of Public Works.
The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.
The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:
A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.
A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.
A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
A “Certificate of Worker’s Compensation Insurance”.
And a “Certificate of Commercial Vehicle Liability Insurance” (See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.
Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.
As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.
Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
The City supports and encourages equal opportunity contracting.
PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this Item Number: 12.
project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.
The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor, are set forth in the books issued for bidding purposes, referred to herein as Project Bid Documents (Special Federal Provisions), and in copies of this book which may be examined at the office described above where the project plans, special provisions, and proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be issued to holders of the Project Bid Documents.
Engineer’s Cost Estimate
The engineer’s cost estimate for this project is $5,000,000.00.
PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.
October 22, 2024 Request For Proposal Released
November 7, 2024 Mandatory Pre-Bid Job Walk @ 11:00 AM
November 8, 2024 First day for bidders to submit questions November 13, 2024 Last day for bidder to submit questions November 25, 2024 Bids Submitted by 2:00PM
December 5, 2024 Anticipated award of construction contract January 2025 Contracts fully executed
February 2025 Pre-Construction meeting
February 2025 Notice to proceed issued.
February 2026 Construction completed.
CITY OF DESERT HOT SPRINGS
JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive,
Desert Hot Springs, California 92240
(760) 329-6411
Released: October 22, 2024
Item Number: 12.
Lowest to Highest Contractor Name Contractor Address/Phone # Base Bid Alternate #1 Alternate #2 Total Bid 1 Perera Construction
2890 Inland Empire Boulevard #102
Ontario, CA 91764
909-481-6350
$ 6,049,000.00 $ 260,000.00 $ 150,000.00 $ 6,459,000.00 2 Oakview Constructors, Inc.
PO Box 625
959 Calimesa Boulevard
Calimesa, CA 92320
909-795-0990
$ 6,098,000.00 $ 272,400.00 $ 188,000.00 $ 6,558,400.00 3 Robert Clapper Construction
Services, Inc.
700 New York Street
Redlands, CA 92374
909-829-3688
$ 6,173,000.00 $ 151,000.00 $ 311,000.00 $ 6,635,000.00 4 Wakeco, Inc.
42020 Winchester Road
Temecula, CA 92590
951-200-5758
$ 6,271,000.00 $ 169,000.00 $ 285,000.00 $ 6,725,000.00 5 Diamond Construction, Inc.
1849 West Redlands Boulevard #101
Redlands, CA 92373
909-335-4866
$ 6,440,000.00 $ 278,980.00 $ 177,000.00 $ 6,895,980.00 6 Keystone Builders, Inc.
4212 East LaPalma Avenue
Anaheim, CA 92807
714-572-1123
$ 6,591,000.00 $ 325,000.00 $ 210,000.00 $ 7,126,000.00 Police Department Annex Building
Item Number: 12.
BID PROPOSAL FORM
PD ANNEX BUILDING PROJECT
IN THE CITY OF DESERT HOT SPRINGS
TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS. CALIFORNIA The undersigned as bidder declares that he has carefully examined the location ofthe proposed work. that he has examined the Special Provisions and read the accompanying instructions to bidders. and hereby proposes and agrees, ifthe bid proposal is accepted. to furnish all materials and do all work required to complete the said work in accordance with the said Standard Speci?cations. Special Provisions. Technical Speci?cations. and Project Plans in the time and manner therein prescribed for the unit price set forth in the following schedule:
BASE BID: $ 4‘?g. @@
ADDITIVE ALTERNATE # l BID: $@,QM, ’9
ADDITIVE ALTERNATE #2 BID: $Z,Szzm?
TOTAL BlDM/W??y/VM ?ay ‘A'va WM $4 ‘6‘?!M? .4)
29m (words)
The undersigned further agrees that in case ofdefault in executing the required contract. with necessary bonds. within ten (10) days. not including Sundays and legal holidays. after having received notice that the contract has been awarded and is ready for signature. the proceeds ofthe security accompanying his bid proposal shall become the property of the City of Desert Hot Springs. and this bid proposal and the acceptance thereof may be considered null and void.
Signature of bidder ?/v/v—
(If an individual.so state. Ifa ?rm or co-partnership. state the ?rm name and give the names of all individual co—partners composing the ?rm. lfa corporation. state legal name of corporation. also names of president. secretary. treasurer and manager thereof.) Perera Construction & Design. Inc.
2890 Inland Empire Blvd.. Suite 102
Ontario. CA 91764 Desert Hot Springs
Busmess Address Police Annex Project
909—484-6350 Addendum #1
Telephone Number Enclosure #1
11/18/24
Dated: November 25 _20 24
Item Number: 12.
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Item Number: 12.
SUBCONTRACTOR LIST
in compliance with the provisions ofthe Public Contract Code Section 4102. the undersigned bidder herewith sets forth the name and location ofthe place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction ofthe work or improvement in an amount in excess of one-halfU/Z) of one percent (1%) of the General Contractor‘s total bid, and the portion of the work which will be done b‘ each subcontractor.
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Dated Bidder
Keith Pokrywa
KMSignature
Signature
12 Item Number: 12.
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Item Number: 12.
SUBCONTRACTOR LIST
In compliance with the provisions of the Public Contract Code Section 4102. the undersigned bidder herewith sets forth the name and location ofthe place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the constructionofthe work or improvement in an amount in excess ot‘one—halfU/Z) of one percent (1%) of the General Contractors total bid. and the portion of the work which will be done by each subcontractor.
Speci?c Description ofSubName Under Which Sub- License DlR Address of Of?ce Contract Work and Ponion of Contractor is Licensed Number Number Mill or Shop the Work V SeeAnached-Lisco?Suhcontractors
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lfthe bidder fails to specify a subcontractor for any portion of the work. the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions ofthe California Govemment Code.) November 25. 2024 Perera Construction & Design. Inc.
Dated Bidder
Keith Pokrvwa
“/7 Signature
Signature
12 Item Number: 12.
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Item Number: 12.
SUBCONTRACTOR LIST
In compliance with the p1ovisions ofthc Public Contract Code Section 4l02, the undersigned bidder herewith sets forth the name and location of the place of business of each subcont1actor who will perform work 01 labor or render service to the General Contractor in or about the constructionof the work or improvement in an amount in excess of one—ha|f(l/2) of one percent (1%) of the General Contractors total bid. and the portion of the work which will be done by each subcontractor.
Speci?c Description of SubName Under Which Sub- License DIR Address ofOf?ce Contract Work and Portionof Contractor is Licensed Number Number Mill or Shop the Work ?/S?-A?a?k?—List—ef—Subcontractors lit/
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If the bidder fails to specify a subcontractor for any portion of the work.the bidder agrees to perform the work with his own crewsi (Alternative subcontractors for the same work are prohibited by provisions ofthe California Government Code.) November 25, 2024 Perera Construction & Design. Inc.
Dated Bidder
Keith Pokrywa
//;,7 Signature
Signature
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Item Number: 12.
SUBCONTRACTOR LIST
In compliance with the provisions ofthe Public Contract Code Section 4102 the undersigned bidder herewith sets forth the name and location of the place of business ofeach subcontlactor who will perform wo1k or labor or render service to the General Contractor in or about the constructionofthe work or improvement in an amount in excess of one--half(l/2) of one percent (1%) of the General Contractor 5 total bid. and the portion of the work which will be done by each subcontractor
Speci?c Description ofSubName Under Which Sub- License DIR Address ofOf?ce Contract Work and Portionof Contractor is Licensed Number Number Mill or Shop the Work VWWOB
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If the bidder fails to specify a subcontractor for any portion of the work the bidder agrees to perform the w01k with his own crews. (Alternative subcontiactors {01 the same work are prohibited by provisions ofthe California Government Code.) November 25. 2024 Perera Construction & Design. Inc.
Dated Bidder
Keith Pokrywa
I//,'7Signature
Signature
12 Item Number: 12.
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Item Number: 12.
SUBCONTRACTOR LIST
In compliance with the provisions ol‘the Public Contract Code Section 4102. the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the constructionof the work or improvement in an amount in excess of one—half(l/2) of one percent (1%) of the General Contractors total bid, and the portion ofthe work which will be done by each subcontractor,
Speci?c Description ofSubName Under Which Sub— License DlR Address ofOf?ce Contract Work and Portion of Contractor is Licensed Number Number Mill or Shop the Work madam
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If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions ofthe Califomia Government Code.) November 25. 2024 Perera Construction & Design. Inc.
Dated Bidder
Keith Pokrvwa
-
/ Signature /6 7 / L.___,/
1' Signature
12 Item Number: 12.
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Item Number: 12.
CONTRACTOR’S INDUSTRIAL SAFETY RECORD Project ldenti?cation No. 8003 Bid Date Ngvgmhgr 25, 2024
This information must include all construction work undertaken in the State ofCalifornia by the bidder and any partnership. joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last four calendar years and the current calendar year prior to the date ofbid submittal. Separate information shall be submitted for each particular partnership. joint venture. corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached ofthe circumstances surrounding any and all fatalities.
‘ Calendar Years Prior to Current Year
20l9 2020 2021 2022 2023 TOTALCURRENT YR.
1. No. ofcontracts
W
2. Total dollar amount ofcontracts 20) 07 2020 2021 2022. 2.014 (in thousands of$)
2.0.2.3 @mmgm? 40/71 / 7757/77
3. N0. of fatalities ?
4. No. oflost work day cases 9’
. No. oflost work day cases involving
permanent transfer to anotherjob or
termination of employment ’9’
6.* No. oflost workdays ‘9/
*The information required for these items is the same as required for columns 3 to 6.
Code 10. Occupational lnjuries. Summary > Occupational Injuries and Illnesses. OSEA No. l02.
The above information was compiled from the records that are available to me at this time and l declare under penalty of perjury that the infonnation is true and accurate within the limitations ofthese records.
Perera Construction & Design inc. 2 g S,
Name of Bidder (print) Sigr?at‘ufe
2890 inland Empire Blvd. Suite 102 585965 - General Contractor B Address State Contractors' Lie. No. & Classi?cation
Ontario CA 9l764 909-484-6350
City Zip Code Telephone No.
13 Item Number: 12.
Item Number: 12.
REFERENCES
The following are the names. addresses. and telephone numbers for three public agencies for which BlDDER has performed similar work within the past two years. 1 See Attached Similar Work Projects
Name and Address owaner
Primary Contact Name. Email.and Telephone Number
Second Contact Name. Email. and Telephone Number
Contract Amount Type of Work Date Completed
2- W» DE‘IT-cF?odl/u. 41wName and Address of Owner
W.W .éPrimary Contact Name. Email. and elephone Number 1- lawman M14éu/Jw’m7
Second Contact Name.Email.and Telepho e Number
[tr/am},724.’9 [game/?aw ”é?
Contract Amount Type of Work Date Completed
Name and Address of Owner
Primary Contact Name. Email.and Telephone Number
Second Contact Name. Email.and Telephone Number
Contract Amount Type of Work Date Completed
14 Item Number: 12.
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Name and Address of Owner
Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and Telephone Number
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds:
Alliant - 18100 Von Karman Avenue, 10th Floor, Irvine, CA 92612 l-lublntemational Insurance Services - 3390 University Ave., #300, Riverside, CA 92501 15 Item Number: 12.
Project Name Client Information Type of Project Completion Date Project Value Design Build 8/16/2024
Design Build
Renewable Energy
3/29/2024 S 1,977,038.67
DesignBuild 12/31/2023
Renovationl'1‘] 4/15/2024
9/19/2024
2” 60024
12/26/2023
nag/2023
Laura Svoboda & Howard
Weissberg
515 S. Flower St. 42Nd Fl.
Los Angeles.Ca 90071
703-216-2037& Howard
(213) 760-
2534
Laura Svoboda & Howard
Weissberg
515 5. Flower St. 42Nd F1.
Los Angeles, Ca 90071
703-216-2037& Howard
(213) 760-
2534
Jeff Sestilio
Apollo Toyota Dist. Ctr- 9 West 57Th Street, 42Nd
Solar Fl. New York, Ny 10019
646-94 1-4299
Laura Svoboda
515 S. Flower St. 42Nd Fl.
Los Angeles, Ca 90071
703-216-203 7
Danillo Lima
100
Universal City Plaza
UniversalCity. Ca 91608
917-
479-5121
Campbell Ordening
515 S. Flower St. 42Nd Fl.
Los Angeles,Ca 90071
213-507-5763
EmiliaManzaneque
100
Universal City Plaza
Universal City. Ca 91608
818-622-4809
Howrd Wrissberger
3434 S. Grand Ave. Los
Angeles, Ca 90089 213-
821-6193
Danillo Lima
100
UniversalCity Plaza
Universal City. Ca 91608
917-
479-5121
Enrique Garcia
8631 Rush Street
Rosemead, Ca 91770
626-827-4267
Betty Bi
6500
Wilshire Blvd, 20Th F1.Los
Angeles, Ca 90048 323-
866-7892
USC 37th Pl UtL7:P26ility 3.280.807.17
Upgrade
$ ‘
USC Util. ZHS Steam
Rplmnt
8/16/2024 $ 1,448,907.16
4/16/2024 5 1,023,399.59
USC UAC-B Concrete
Repair
USH-Mummy Ring Wall 3 1,422,531.59 Supp.
USC - HNB 5th Labs 5 3,352,344.35
USH-FDC Remodel
Building #6528
S 4.334.686.00
USC-(CEN)Centennial $ 2,221,003.17
Apartments
USH - TramboardingC art&RtngW
all
$ 1,153,832.33
SCE SBRO Building Demo $ 1,394,719.66
CSMC Water Fountains
Upgrades
4/15/2024 5 2,094,386.99
Item Number: 12.
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Desert Hot Springs, the ?rm listed below certi?es that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an af?rmative course of action as required by the af?rmative action guidelines.
We agree speci?cally:
I. To establish or observe employment policies which af?rmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take af?rmative steps to hire minority employees within the company.
FIRM Perera Construction & Design,Inc.
TITLE OF OFFICER S GNING
SIGNATURE DATE 11/22/24
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
41 Item Number: 12.
NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract. being duly sworn, deposes and says:
That he has not. either directly or indirectly. entered into any agreement. participated in any collusion. or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
The furnishing of all labor and materials and equipment for the PD Annex Building Project. consisting of removing existing concrete and asphalt concrete improvements: the construction of concrete curbs. gutters. sidewalk. driveway approach. and curb ramps: cold mill and overlay asphalt concrete pavement: the installation of solar—powered?ashing beacons: and the installation of traffic signs. striping. and markings. Removed material shall be legally disposed ofoff-site at the Contractor's expense. All project work and incidental items to complete the project shall be performed in accordance with the plans. speci?cations. and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner. leaving the entire project in a neat and presentable condition.
Percra Construction & Design. Inc.
Keith Pokrvna
//j/L//Z_,___
Signature of Bidder
28901nland Empire Blvd. Suite l02
Business Address
Ontario. CA 91764
Place of Business
Subscribed and sworn (af?rmed) to before me this 22nd day 01‘ November . 20 24 Notary Public in and for the County MW. State ofCalifomia My commission expires Mlg Q .202?
lRENEM.ENRIQUE'Z
Notary Pubiic- Caiitornia
San BemaldinoCounty g
Commissionif2407087
MyComm.ExpiresJun 6, 1026
Specifications -43
Item Number: 12.
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Item Number: 12.
CALIFORNIA ACKNOWLEDGMENT CIVILCODE § 1189
Anotary publicorother officer completing this certificateverifiesonlythe identity ofthe individualwhosigned the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document.
State of California } County MW
Date Hreeelnse a e and Ie of the Of?cer
personally appeared | £1lELI“gt
Name(s)
had/0
of Signer(s)0%
who proved to me on the basis of satisfactory evidence to be the persoerhose name ?resubscribed to the within instrument and acknowledged to me that he/she/they executed the same i th‘lr’ authorized capacity?e?fand that WW signatureisri’onthe instrument the persoryaforthe entity upon behalf of which the person(s) acted, executed the instrument. ‘ I certify under PENALTY OF PERJURY under the l
: IRENEM.ENRIQUEZ
‘
laws of the State of California that the foregoing
- ? NotaryPublic California ‘ 3 F3: - San”mm mm g
paragraph is true and correct:
\1‘ ’ Commls # . . i
’ . MyComm ailmeszit?eoagoze i
WITNESS my hand and offICIal seals
Signature (MA)
Place Notary Seal aria/or Stamp Above SignaturOPTIONAL Completing this information Can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity?es) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
El Corporate Officer — Title(s): l] Corporate Officer — Title(s):
El Partner— E] Limited El General El Partner— El Limited II! General I:I Individual El Attorney in Fact El Individual El Attorney in Fact El Trustee i:i Guardianor Conservator El Trustee El Guardianor Conservator El Other: El Other:
Signer is Representing: Signer is Representing:
@2019 National Notary Association
Item Number: 12.
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Item Number: 12.
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR
SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIREDREPORTS
The biddepcmwmmhmproposed subcontractor , hereby certi?es that he has , has not X , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not , ?led with the Joint Reporting Committee, the Director of the of?ce of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable ?ling requirements.
Perera Construction & Design, Inc.
(COMPANY)
BY: Keithngrmg
CEO/President
(TITLE)
DATE: November 22 , 20 24 . NOTE:The above certi?cation is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-l.5. (Generally only contracts or subcontracts of $1 0,000 or under are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not ?led the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period speci?ed by the Federal Highway Administration or by the Director, Of?ce of FederalContract Compliance, US. Department of Labor.
Specifications -42
Item Number: 12.
November 18, 2024
City of Desert Hot Springs
Public Safety Campus Project — Addendum #1
Pre-Bid RFI’s
Q1: 1, Please provide Mechanical Specifications
Reply: See Sheet M3.1 in the plans for Mechanical Specifications. 02: 2. Sheet A1.0 calls for Temporary Fence cannot be Temporary Chain Link Fencing, please provide what this temporary fence consists of for material and installation.
Reply: Chain link fencing is acceptable for a short period oftime only.
Q3: According to E12 UtilityDesign, it is noted for customer to provide pull box and excavation and civilto install. Please clarify ifSCE is to install the provided new pull box after excavation? Also, please clarify if excavation in the new utility pull box location is to be completed exposing the existing energized primary utility conduits? Reply: Allwork shown on the SCE plan shall be completed by the general contractor.
Coordinate with SCE for shutdowns etc.
Q4: The resilient flooring specified on sheet 09 6519—2is a click system for floated installation, willthe customer require moisture testing or some type of polyfilm moisture barrier?
Reply: Install per manufacturer recommendations including any required moisture barrier and moisture testing.
05: The Carpet Tile specified in sheet 09 68132, per manufacturer this product is now discontinued. Can we substitute based on manufacturer recommendations? Reply: Substitutions that are equal in quality, similar in style, and color willbe accepted.
QB: Will background checks be necessary for labor force? Reply: No background checks willbe necessary for the labor force.
Q7: Please con?rm signage scope that GC is responsible for and provide any signage drawings if applicable,
Reply: Allsigns shown in the plans and specifications shall be constructed and installed by the general contractor.
08: The Mechanical and Electrical drawings mention the Fire Alarm System; however, drawings do not indicate a need for a brand-new Fire Alarm installation. Please con?rm if a Fire Alarm System is required for this building? Ifit is, please provide the relevant specifications.
ARCHITECTURE INTERIOR DESIGN PLANNING
42095 Zevo Drive, Suile A15, Temecula, California 92590-3780 Phone 951/296-9110 Fax.9511296-6079 E-Marl stk@stkinc com /Item Number: 12.
City of DHS — Police Annex Project Addendum #1
Reply: See Sheet T1.1 “NOTES TO GENERAL CONTRACTOR” #1 . The ?re alarm and ?re sprinkler systems are a general contractor deferred submittal/design/build system.
Q9: The Bid Proposal Form does not have designated sections for listing the prices of Add Alternates #1 and #2. Please advise.
Reply: See revised bid form Enclosure #1. Replace it in its entirety.
Q10: Please con?rmwhether all Electricalupgrades related to the MetalCarport Canopies, includingPullBoxes, should be includedunder AddAlternates? Reply: Allaccessories and trades connected to the canopies shall be included in the respective Add Alternates.
Q11: Please clarify ACE, C2. Speci?cations are listing Type 1 and Type 2 ceiling tiles; however, the FinishSchedule only re?ects one type (C2). Please clarifywhich roomsget Type 1 and which rooms get Type 2 tile. There is a signi?cant price difference. Please advise.
Reply: Speci?cations Section 09 5100-2 2.02 ACOUSTICALUNITS. Please omit A.
AcousticalTile Type 1 in its entirety. Allsuspended ceilingsshall be per BAcoustical Panels Type 2.11/18/14
Q:12 Theres only a total of 10 doors that willreceive signs per sign schedule and ?oor plan.
Theres’s way more rooms. Please con?rmifno more signs are needed.
Reply: Please see Q7 above.
Item Number: 12.
November 19, 2024
City of Desert Hot Springs
Public Safety Campus Project — Addendum #2
Pre-Bid RFl’s
Q:1 There is con?icting information for the Site CMU Walls/Pilaster. Details 4/8 on A1.3 and 4/5 on SDB refer to the Site CMU Walls/Pilasters. What engineering shall we follow? Reply: Please followthe structuraldrawings for foundations, rebar etc. 02 Concrete/ Masonry » Per the Civil/Grading Plans on Sheet 4 of 6 it appears that the CMU Site Walls go 7'-8’high. However, per the structural/Architectural notes (4/SD6 and 4/A1.3) the Site Walls/Pilasters allows a maximum of 6'8" Height. Please advise if we shall bid only to allowed height and not the heights called out on the Civil/Architecturalelevations.
Reply: Site CMUwalls shall not exceed 6-0” per 4&5/A1.3.
Q23Concrete / Masonry — Willwe be allowedto wet—setblock intofooting? Reply: Yes
Q24Concrete / Masonry — Willthe CMU Wall Footings require Waterproo?ng? Reply: No
0:5 Concrete / Masonry — Per the Technical Speci?cation Manual provided, the EntryWall calls out for the Block to be "SplitFace Castle Rock." Does Split Face have to be 1 sided or 2 sided? Reply: 2—sided
Q26 Concrete / Masonry - Per the Architectural sheets provided, the Site Wall calls out "Burnished"alternating with Precision Block.Does the Burnished have to be 1 sided or 2 sided Reply: 2—sided
0:7 Security / Communications — There is a Data Floor plan in the Div. 26 plans (plan D2.0).
Willneed to know manufacturer requirements for Div. 27 in regards to bidding of the project.
Reply: Please see “NOTES“ on sheet D20, D21, and D22. All the security and communications work shown on these sheets will be performed by AMS hired by the City of Desert Hot Springs, The general contractor scope of work that is shown on these sheets is described in “NOTES".
0:8 Security / Communications < Bidinvitations for Communications and Security. Looking at the specs for the site the specs go to Div. 26 skips Div. 27 and Div. 28 and then to Div. 31 &
32. Are there any specs forthe communications and security? Reply: See response to Q7 above.
ARCHITECTURE INTERIOR DESIGN PLANNING
42095 Zevo Drive.Suite A15, Temecula, California 92590-3780 Phone 951/296-9110 Fax 951/296-6079 E»Mail. stk@stkinc com Item Number: 12.
City of OHS — Police Annex Project Addendum #2
0:9 Acoustical- Please clarifyACT, C2. Speci?cations are listingType 1 and Type 2 ceiling tile.however the ?nish schedule only reflects one Type as C2.
Reply: Please see the reply to 011 Addendum #1.
0:10 Acoustical - Please clarify which rooms get Type 1 tile and which rooms get Type2 tile. There is a signi?cant price difference between the two.
Reply: Please see the reply to 011 Addendum #1.
0:11 Generator / Antenna - Existing generators remain?
Reply: The existing Police building and Fire Station has its own generator that will remain.
0:12 Generator I Antenna - New generators by others?
Reply: The new annex building includes a new generator that willbe purchased and installed by the general contractor and included in the bid. See Note 13/E1.1, 1,2,5/E5.2, 1/E0.3, 18/A2.4 etc. The general contractor shall be responsible for obtaining all required permits including SAQMD etc.
0:13 Generator / Antenna ‘-Any new antenna requirements by GC? Reply: No
Item Number: 12.
BIDDER’S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE, Perera Construction& Design,Inc. as principal, and
Fidelity and Deposit Company of Maryland as suretya are held and ?rmly bound unto the City of Desert Hot Springs, hereinafter “City” in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent (10%) of the Total Amount Bid
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction speci?cally described as follows, for which bids are to be opened at Desert Hot Springs City Hall on November 25 2024 for PD Annex Building Project.
NOW THEREFORE, if the aforesaid principalis awarded the contract, and within the time and manner required under the speci?cations, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and ?les the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
39 Item Number: 12.
BIDDER'S BOND
IN WITNESS WHEREOF. we have hereunto set our hands and seals on this 14111 day of November , 20 24
(seal)
(seal)
(seal)
Perera Construction & Design, Inc. (seal)
PRINCIPAL
Z/Z?—?
(seal)
Fidelity and Deposit Company of Maryland
% WM (seal)
ETYLeigh Mch?ough,Attorney-infect,
777 South Figueroa Street, Suite 3900
V
Los Anzeles.CA 900l7 (seéi)
ADDRESS
NOTE: Signatures ol‘those executing for the surety must be properly acknowledged. 40 Item Number: 12.
‘ ”.51
IJ.‘
Item Number: 12.
l A notary public or other of?cer completingthis certi?cate verifies only the identityof the individualwho signed the I
I
document to which this certi?cate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California )
County of Orange )
On NOV142024 before me. Heather Rose Saltarelli, Notary Public ' Date
— Here Insert Name and Title of the Of?cer
personally appeared LeighMcDonough
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signaturels) on the instrument the personls), or the entity upon behalf of which the person(s) acted. executed the instrument.
I certify under PENALTYOF PEFiJUFlYunder the laws
of the State of California that the foregoing paragraph is true and correct.
1““ HEATHERTaught-SE]: i WITNESS my hand and of?cial seal. ‘ ‘Noul'YP" E' Orange County 2
1 “ 1; i Continuum it 2409440 F
.
hm My CamrntExpires Jul 27, 1025 Signature ‘
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional. completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
,7, ___.,_, ,
_A__ 777W, < Document Date.
Number of Pages:
?, Signer(s) Other Than Named Above: _________
Capacitylies) Claimed by Signerts)
Signer‘s Name:
WW ___ #4.. _¥ Signer's Name: __ ,,,,, _ . Corporate Officer — Title(s): ,, 7, ,, Corporate Officer — Titlels)
Partner — Limited General Partner — Limited General
Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: __.,,,
77‘“; Other:
Signer ls Representing:
*_ Signer Is Representing:
7 @2014 NationalNotaryAssociation - www.NationalNotary.org' 1-BOO-USNOTARY(1-800-876-6827) Item#5907 Item Number: 12.
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Section 8. Attomevs-in-Fact. The Chiel‘Executive Of?cer the President. or any ‘entive Vice President or Vice President may. by mitten instrument under the attested corporate seztltappointattorne -in-t‘aet\yith authority to execute bonds. policies.recognizanecs. stipulations. undertakings. or other like instruments on behall‘ot‘the Company and may authorize any of?cer or any such attorney-in-I'aet to al'ti\ the corporate seal thereto: zmdmay \\ ith or \yithout cause modify ol‘revoke any such appointment or authority at any time."
CERTIFICATE
I. the undersigned. Vice President ul‘the ZURICH AMERICAN INSURANCE COMPANY. thc COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. and the FIDELITY AND DEI’OSI I' COMPANY OF MARYLAND. do hereby certify that the lbr‘ ng Power ot‘Attomey is still in full force and effect on the date ot‘this certi?cate: and I do further certify that Article V. Section 8. ot‘the Bylaws ot‘the Companiesis still in force.
l'his Power ol'Attorney and Certilieate may be signed by i'acsimiic under and by authority ot‘the following resolution ot‘the Board ol‘ Directors of the ZURICII AMERICAN INSURANCE COMPANY at a meeting duly called and held on the ISLhday of December1998.
RESOLVED: "That the signature ot‘the President or a Vice President and the attesting signature ot‘a Secretary or an Assistant Secretary and the Seal ol'the Company may be al‘tixed by Facsimileon any Poner ut‘.\ttorney ,....\ny sueh Poner or any certi?cate thereof bearint:ysuch facsimile signature and seal shall be \ alid and binding on the Company ." This Power of Attorney and Certi?cate may be signed by Facsimileunder and by authority ol'the following resolution ot‘thc Board ol‘ Directors ol‘the COLONIAL AMERICAN CASUALTY AND SIIRIS'I Y COMPANY at a meeting duly called and held on the 5th day of May.
I994. and the following resolution 01‘the Board ot‘Directors ol‘the I’II)I{I.I'I'Y AND DEPOSIT COMPANY OF MARYLANDat a meeting duly called and held on the 10th day ol‘May. 1990.
RESOLVED: "That the Facsimileor mechanically reproducedseal ot‘the company and facsimile or mechanically reproducedsignature ot‘any Vice-President. Secretary. or Assistant Secretary at the Company. \yhether made heretofore or hereafter. nhereyer appearing upon a certi?ed copy of any pou er of attorney issued by the Company. shall be to] id and binding upon the Company \\ith the same force and eITeet as though manually af?xed.
IN TESTIMONY WIII-ZRI‘IOF.l have hereunto subscribed my ntune and alli\ed the corporate seals ol‘the said Companies this day OI—-—N9V—l-42IIZ4¥'
mpWow/L.
Mary Jean Pethick
Vice President
TO REPORT A CLAIM \V'ITH REGARD TO A SL'RETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND. THE BOND NICMBER, AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
I299 Zurich Way
Schaumburo, IL 601964056
regortsfeIalms??zurichnacom
800-626-4577
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.com or 410-559-8790 Item Number: 12.
Zl'RlCll AMERIC \\' lVSl'R \VCIC COMPAVY
COLONIAL AMERICA (' '\l[l N1) Sl'RETY COMPANY
I’ll)“. I'\' AND DIiI’OS '(‘OAII’ANY OI: MARYLAND
POWER OF A'I"l‘()R\'I-l\'
KNOW Alil. MliN BY 'l'lll“ ' N'I'S: That the XIIRICII AMERICAN INSURANCE COMPANY. a corporation ol'the Sta 'ol‘Ne“ York. the COLONIAL AMERICAN CASUALI'Y ANI) SURIE’I'Y(?()M1’ANY,aeorrmration ot‘the State ol'lllinois. imd the FIDI‘ZLI'I'Y AND DEPOSIT COMPANY ()|" MARYLAND a corporation of the State of Illinois (herein collecihcly called the "(‘Oiiiptinies").h_\ Robert I). Murray Vic President. iii pursuance ol'unthorit) granted b} Article V. Section 8. ot'thc B}-La\\s of said Companies. nhicli are set forth on the rete 'ide liereol‘and are hereh) certi?ed to he in full three and eITeeton ilie date hereof. do hereb) nominate. constitute. and appoint Jessica ALVARADO. Leigh MCDONOUGH, Mark RICHARDSON. Kevin CATHCART. Terah LANE. James A.
SCHALLER. Heather SALTARELLL Mike PARIZINO. Rachelle RHEAULT. Kim LUU. Harrison YOSHIOKA of Irvine, California, iIstrue and la“ l'ul agent and Attorney-in-l’aci. in make. chcute. seal and deliver. for. and its behall'as snrei}. and LB its act and deed: any antl all honds and undertaking... and ilie execution ot'sueh bonds or undertakings in pursuance ol‘thcsc presents. . iall he as binding upon said Compani '5 full) and atupl_\. to all intents and purposes. as il‘thc)‘had been duly executed and acknowledged b} the regularly elected (”TIL 's ol‘the /,I,'RIC|| Ah’lliRlCAN INSURANCE COMPANY at its of?ce in New York. Ne“ York. the regultttl} elected of?cers Dill“) COLONIAL AMERICAN CASIIAIZI'YAND SURl-L'I'YCOMPANY at its oliiec iii Owings Mills. Mar) land. and the regularly elected MTIL‘L‘I‘S olthe |-‘lI)l€Ll l'Y ANI) DEPOSI 1'COMPANY 01’ MARYLAND at its oII'ice in Onings Mills. Mar} land. in their own proper persons.
The said Vice President does liei‘eh) certii} that the extract set forth on the reverse side hereof is a true cop) ol‘Aniele V. Section 8. of the fly-Laos of said Companies. and is non in Iiii'ce.
IN Wl'lNl-ZSS WI|l-IR|{()l-I Il'lL ‘d Vice-President has hereunto subscribed his/her names and al‘tiVedthe Corporate Seals ol'thc said Zl'RICII A.\IliRI('.-\,\' IN 'RAN l-l COMPANY. (‘OLONIAL AMERICAN ('ASI’AL'I‘Y AND SI'RIZ'I‘Y (TOMI’AVY. and 0:2“it,
m .e‘“~ "'41.,“ 0“‘\\‘°¢ minutiae Inuimuiu
ZURICH A) [(TAN INSl'I ‘1COMPANY
COLONIAL A\IERI NI) SllR , '(. .\'IPAN\'
FIDELI’IW ; I DEI’O, COMPANY OF MARYLAND
By: Uta/mix 0. .I/eC/clmuii
l 'i'ecI’ruxideul
[Ljrmvvtt A) <YI.{"6N\.
Iii: D[III'IIE.BI'(1I|'II
Sucre/(try
State of Maryland
County of Baltimore
On this I Ith da) nt'luly. A I) 2024. before the siihscriher. a Notar} l’tihlie oi‘ilie State nt‘httartland. an} commissioned and quali?ed. Thomas O.
McClellan. Vice President and Dunn E. Brim". Secretary ol‘the Companies to me persona“) kiio\\n to be the indi\idtia|s and nll’iecrsdescribed in tutd “ho CVL‘CIIIL‘d the preceding instniinent. and acknonledged the chCllIlutt ot'saine. and being h} the duly suom. deposctli and saith. that itc/Shk , he said ot‘i'ieerot‘ the Compan) aforesaid. and Iltutllti:SLJ .\ titl'netl to the preceding instrument are the Corporate Seals OLS‘dldCompanies. and that the said Corporate Seals and ich tillicer nere Lilli)at‘t'ixcdand snhserihcd to the szudinstrument h) the authorit) and direction nt‘the said Corporations, the signature IN 'I'I;S I IMONY \\'I II-ZRI-It)l-'. I ha\e hereunto set "‘5 hand and ul‘l'ned in) Ot‘i'icialSeal the do) and tour I'irstabme mitten Genevieve M. Maison
GENEVIEVE M. MAISON
NotARv mauc BALTIMORECOUNTY MD MyCommissionE-pucs JANUARY27, 2025 Authenticity ofthis bond can be con?rmed at hondvalidator.zurichna.c0m or 4I0-559—8790 Item Number: 12.
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V. Suction 8. Attorne ‘-iu-I’aet. 'I'he Chieflixccutive Of?cer. the President. or any Executive Vice President or Vice President tnay. by written instrument under the attested corporate seal. appoint atton act \\ ith author y to ex e bonds.policies.rceogn an stipulations. undertakings. or other like instruments on behalf of the Company. and may authorize any o er or any such attorney-in-Iaet to af?x the corporate seal thereto: and may with or \\ithout cause modify of revoke any such appointment or authority at any time"
CERTIFICATE
I. the nders‘igned.Vice President ofthc 'lURICll AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUALTY AND SUI Y COMI’ANY‘ and the l-‘lDI-ZLI'I'YAND DEPOSIT COMPANY OF MARYLAND do hereby certify that the foregoing Pou er ofAttomey still in full force and effect on the date ofthis certi?cate: and I do further certify that Article V. Section 8. of the II, .atts ofthc Companies is still in force.
This Power of Attomey and Certi?cate may he signed by facsimile under and by authority ofthc following resolution of the Board of Directors of the ZURICII AMIERICANINSURANCE COMPANY at a meeting dttly‘called and held on the ISth day ofI)ccemher I998.
RI-ZSOLVE ‘ "Dial the signature ofthc Pre"dent or a Vice President and the attesting signature ofa Secretary or an As ' and the Seal of the Company may be af?xed by I
' out 8
mile on any I’ooer of Attorney...Any such Po“ er or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company ." rel ary
This Po“ er of Attorney and Certi?cate may be signed by facsimile under and by authority ofthc lolloning resolution of the Board of Directors ofthc COLONIAL AMERICAN CASUAII'I'Y AND SURIS I'Y COMPANY at a meeting duly called and held on the Sth LlayofMay. 1994. and the following resolution of the Board of Directors of the FIDIiLI'I'Y ANI) DIEPOSI |' COMPANY OF MARYLAND at a meeting duly called and held on the IOth day ofMayu I990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary. or Assistant Secretary of the Company. \\hether made heretofore or hereafter. \\ herc\ er appearing upon a certi?ed copy of any p0\\er of attorney issued by the Compzuty.shall be valid and binding upon the Company “ith the saute force and effect as though manually aIIixed.
IN 'I'I‘IS'I'IMONY \lI’IIIiI{IZ()I-‘, l have hereunto subscribed my name and aIIixed the corporate seals ofthc said Companies. this day'of Mg“142024 .
"an. ”NI“
; .-’ -f g mp(Qt/wan.
Maly/Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND. THE BOND NUMBER. AND YOUR CONTACT INFORMATION TO:
Zurich Surety Claims
I299 Zurich Way
Schaumburg. IL 60l96-1056
reportsfclattns®zurieltna.c0m
800-626-4577
Authenticity of this bond can be con?rmed at bondvalidator.zurichna.com or 410-559-8790 Item Number: 12.
BIDDER’S PROPOSAL
FOR THE PD Annex Building Project IN THE CITY OF DESERT HOT SPRINGS,
CALIFORNIA
Date November 25, 20 24
To the City Council of the
City of Desert Hot Springs:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
Perera Construction & Design. Inc.
(If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co-partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract isto be drawn.) (b) That this bid proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
((1) That by submitting this Bidder‘s Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.
(i) That, if this bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs. 9 Item Number: 12.
BIDDER’S PROPOSAL
(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. lt is understood and agreed that the quantities set forth are but estimates. and that the unit prices will apply to the actual quantities whatever they may be.
Accompanying this bid proposal is a certi?ed or cashier‘s check or bidder’s bond. payable to the order ofthe City of Desert Hot Springs in the sum MW &xamaM¢Bugmw@%-mvePOLLARS($ .4 ) Said bidder‘s
bond has been duly executed b) e n ersigned bidder an by a ?nancially sound surety company authorized to transact business in this state.
It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds. then the proceeds of said cash. check. or bidder's bond. shall become the property ofthe City of Desert Hot Springs, but if this contract is entered into and said bonds are furnished. or ifthe bid is not accepted then said check or cash shall be returned to the undersigned. or the bidder will be released from the bidder‘s bond.
2890 lnland Emire Blvd.. Suite 102 909-484-6350
Address of Bidder Telephone of Bidder
Ontario. CA 91764 Keith Pokrywa // V
City Zip Code Signattireof Bidder
1O
Item Number: 12.
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Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
1 December 6, 2024,
VIA EMAIL
Daniel Porras
Assistant City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Email: [email protected]
Re: Project #8003 DHS PD Annex Building Project
Bid Protest by Oakview Constructors Inc.
Dear Mr. Porras,
This letter is intended to respond to the bid protest letter dated November 27, 2024, submitted by Oakview Constructors, Inc. (Oakview) and directed to the City of Desert Hot Springs (City). The protest concerns the announced bid results for Project #8003 DHS PD Annex Building Project, which determined Perera Construction & Design, Inc. (Perera) as the apparent low bidder. Perera received the bid protest letter from the City on November 27, 2024.
We appreciate the opportunity to address the concerns raised in Oakview’s letter. After careful review, we provide the following responses to their claims:
1. Oakview’s assertion that Perera listed a roofing contractor with an expired DIR registration is factually incorrect. Perera listed ACCI Roofing, which is a qualified/certified installer per Specifications 07-5400. ACCI Roofing holds an active DIR registration, with registration number 1000002422, which is valid until June 30, 2026.
Please see attached documentation for proof of ACCI Roofing's current DIR registration. (Exhibit 1)
2. In compliance with the provisions of the Public Contract Code Section 4102, Perera has not listed a subcontractor for the Fire Alarm installation. This is because the proposed cost for the Fire Alarm system is below the required threshold of one-half of one percent (1%) of the Item Number: 12.
2 total bid. As such, the Public Contract Code does not mandate listing a subcontractor for this scope of work.
Therefore, Perera is in full compliance with the Code, and the absence of a listed Fire Alarm contractor is permissible under these conditions.
Please see attached proposal from Desert Alarm Inc. for the Fire Alarm system in the total of $28,918.52 as received at bid time. (Exhibit 2)
3. The proposed work assigned to Shook Building Systems pertains exclusively to Alternates #1 and #2, as outlined in our bid documents. While there was a clerical error in including Shook Building’s contractor license number and DIR registration onto the subcontractor listing form, the intent to utilize Shook Building for Alternates #1 and #2 was explicitly and clearly identified in the submitted subcontractor list.
To rectify this clerical oversight, we have attached printouts from the DIR and CSLB websites that provide publicly available information reflecting proper licensing and DIR registration details for Shook Building. (Exhibit 3)
The City has the discretion to treat this issue as an immaterial deviation and there is ample legal authority in support for this position. A public agency “may waive inconsequential deviations from contract specifications in a public contract bid.” (Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 900 [where specifications required the contractor to perform with its own organization not less than 50% of the work and lowest bidder’s bid showed it would be subcontracting 55.44% of the work, affirming denial of second lowest bidder’s writ petition because waiver of the irregularity did not result in any unfair competitive advantage]; see also Cal. Constr. L. Manual § 7:29 (Nov. 2024 update).) A bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted “if the variants cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders.” (Konica Business Machs. U.S.A., Inc. v.
Regents of Univ. of Cal. (1988) 206 Cal.App.3d 449, 456–57 [citing 47 Ops.Cal.Atty.Gen. 129, 130-131 (1966)]; see also Menefee v. Fresno (1985) 163 Cal.App.3d 1175, 1178 [bid was valid even though bid form was not signed on appropriate line]; Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1189–90 [failure to include pre-printed front page of bid bond was an inconsequential defect public entity could waive]; DeSilva Gates Const., LP v. Department of Trans. (2015) 242 Cal.App.4th 1409, 1418 [state agency erroneously rejected bid as nonresponsive for bidder’s submission of additional subcontractor list adding new subcontractor; new subcontractor was to perform less than Item Number: 12.
3 one-tenth of 1% of total contract amount, rendering information accurate but unnecessary, and listing of subcontractor was not deceptive or indicative of attempt to flout bid requirements].)
It is noteworthy that Oakview also listed Shook Building as the subcontractor for the metal canopy system. Thus, Oakview is well aware that Shook Building is licensed and qualified to perform the work.
Perera’s bid should not be rejected over a mere technicality that did not create any potential for a competitive advantage over other bidders. More to the point, since this scope of work is not directly related to the base bid but rather alternates for which inclusion in the final contract is not confirmed, it does not provide Perera Construction with any sort of competitive advantage.
We trust this clarification underscores our compliance with bid requirements and reflects the transparency of our submission.
We firmly believe our bid meets all the requirements of the contract documents and applicable public contract codes. We respectfully request that these clarifications be taken into account and that our status as the lowest responsible bidder be upheld.
Thank you for your time and attention to this matter. Should you require further clarification or documentation, we are happy to provide it promptly.
Very truly yours,
Keith Pokrywa
CEO & President
[email protected]
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Project: DHS POLICE FIRE
Desert Alarm proposes the following scope of work:
DHS Police Department
Fire System
65950 Pierson Blvd
Desert Hot Springs, CA 92240
● 1 Silent Knight 6700 Fire Control Panel
● 1 Silent Knight Annunciator
● 1 Silent Knight Smoke Detector facp
● 3 Silent Knight monitor module (water flow, PIV & Butter fly switch)) ● 1 Silent Knight Relay Module (access Control Release ) ● 30 Silent Knight Photo Smoke Detectors
● 1 Silent Knight Heat Sensor
● 3 Silent Knight Pull Stations
● 12 System Sensors Ceiling Mount Horn/Strobes
● 6 System Sensors wall Mount Strobes
● 1 Telguard TG7 LTE Cell Unit
● 3 12 volts 7ah Battery Back up
● 1 Document Box
● 1 Plans and Permit
● 1 Year Warranty on system, As well same day or next day Service calls (if Needed). Plans and permit will take around 6 to 8 weeks ● Labor and Installation will take about 3 day with 2 Guys on the job to Complete and get done correctly. As Soon as I get the approval to do the Work, I can have my drafter start working on the fire plans.
Monitoring fees are $49.95 and cell service $25.00 Annual fire inspection will be $395.00 (fire marshall mandate) Customer to provide a 20 amp dedicated breaker at FACP & conduit from riser to piv (1” conduit) proposal does not include any conduit. Desert Alarm Requires a 50% Deposit, 50% on completion Fire Alarm System : 27,875.00
Sales Tax 1,043.52
Item Number: 12.
Project: DHS POLICE FIRE
Grand Total $28,918.52
Thank You for Giving Desert Alarm The Opportunity to Fully Secure Your Property. Have A Great Day!
MANNY PUGA
73-168 Highway 111 Suite 204
Palm Desert, CA 92260
Office: 800-726-1779 Ext. 21
[email protected]
www.desertalarm.com
ACCEPTED BY:
X_________________________ DATE__________________
CUSTOMER
Desert Alarm, Inc. DAI a Security Alarm Systems Company in the truest sense. Our staff of security alarm consultants and technical installation staff is committed to providing quality and timely technical security solutions and support. The Desert Alarm team is poised, as the premiere alarm systems provider for discriminating consumers and their increasing demands for state of the art security systems technology’s as we enter into the third millennium. 73-168 Hwy 111 #204 Palm Desert, CA 92260
(760) 322-1562 Toll free (800)-726-1779
Fax (760)-322-9113
www.desertalarm.com
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
Item Number: 12.
SR-24-260
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: City Manager
Prepared by: Doria Wilms, Deputy City Manager
Subject: Professional Services Agreement with Social Work Action Group (SWAG) to Operate a 90-Day Crisis Stabilization Facility for Desert Hot Springs' Unhoused Population at The HUB located at 66753 Hacienda Ave., Desert Hot Springs, CA 92240.
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with Social Work Action Group (SWAG) in an amount not to exceed One Million Seventy Two Thousand Six Hundred and Sixty Eight Dollars and Zero Cents ($1,072,668.00) annually to Operate a 90-Day Crisis Stabilization Facility for Desert Hot Springs' Unhoused Population at The HUB located at 66753 Hacienda Ave., Desert Hot Springs, CA 92240 from December 12, 2024 - June 30, 2026 subject to a duly approved city budget.
BACKGROUND:
In 2019, the Ninth Circuit Court of Appeals ruled that it was unconstitutional and cruel and unusual punishment for cities to criminalize homelessness. Martin vs. Boise further ruled that cities could not enforce their anti-camping ordinances if they did not have enough shelter beds for their unhoused population.
Following this ruling and exacerbated by COVID-19, the City saw an exponential increase in the total number of unhoused individuals within the City of Desert Hot Springs. In 2018, the City's Point in Time Count was 58, in 2023 this number rose to 122 individuals, over a 100% increase. The next Point in Time Count is scheduled for January 22, 2025.
In the fall of 2021 the City hired SEH Consulting to conduct an Independent Assessment. This included city-wide outreach, needs assessments, field reconnaissance and community engagement meetings. Community feedback revealed a desire to proceed with opening an access center to comply with Martin vs. Boise. The city met with various jurisdictions and non-profits and toured access centers and shelters throughout Riverside County.
In May of 2023 the City purchased The HUB, located at 66753 Hacienda Avenue. This location is centrally located, had multiple rooms and bathrooms and was already entitled for this particular land use.
Item Number: 13.
SR-24-260
In October of 2023, the City of Desert Hot Springs opened the doors to The HUB, a City owned Emergency Overnight Shelter. The City initially contracted with Martha's Village and Kitchen under a limited term agreement, which was extended for the first year of operations. During this time period The HUB operated as a 26-bed Overnight Emergency Shelter.
In November of 2023, the City published a Request for Proposal to solicit operators for a longer term agreement to operate The HUB. The following three proposals were submitted:
Martha's Village and Kitchen - $1,500,00 (Continuation of Overnight Emergency Shelter) Social Work Action Group - $1,072,668 (Transition to 90-day Crisis Stabilization Center) Street Life Project - $995,577 (Continuation of Overnight Emergency Shelter with additional crisis intervention and wrap-around services)
On December 14, 2023, the County of Riverside Housing and Workforce Solutions (HWS); Homeless Housing, Assistance, and Prevention (HHAP) Program, conditionally awarded the City of Desert Hot Springs $416,219 through their Continuum of Care (CoC) Governance Board for the continuation of an Overnight Emergency Shelter at The HUB, with Martha's Village and Kitchen designated as the Operator.
On January 16, 2024 the City Council adopted the Riverside County Housing and Workforce Solutions Homeless Action Plan. This adoption allowed the City to proceed with accepting Homeless Housing, Assistance, and Prevention (HHAP) funding through the Riverside County Continuum of Care in the amount of $416,219 with Martha's Village and Kitchen designated as the Operator.
Over the summer staff assessed the impacts of the first year of operations at The HUB. Initially funded via general fund dollars, the City had the ability to limit eligibility to individuals with ties to Desert Hot Springs. While local preference was deployed, the city lost the full ability to restrict access to individuals from outside of the area if there was a surplus of beds available once the HHAP Grant funding was accepted. During the first year of services the City did not see a decrease in the total number of unhoused individuals in the City. In total 721 unduplicated individuals accessed the Day Center, while 198 unduplicated individuals accessed the overnight shelter. At the conclusion of the first year 18 individuals have been housed. Following this assessment staff went back and reviewed the original RFP's that were submitted.
Also over the summer, the United States Supreme Court overturned the Grants Pass ruling and Martin vs. Boise, allowing cities to proceed with enforcement of their anti-camping ordinances.
DISCUSSION:
On September 30, 2024 the City exhausted the funding through the HHAP Grant with Martha's Village and Kitchen and on October 1, 2024 the City Manager entered into a limited term Professional Services Agreement with Social Work Action Group to transition The HUB from a 26 bed Overnight Emergency Access Center to a 90-day Crisis Stabilization Facility, which is designed to address some of the root causes of homelessness within our chronically unhoused population. In the last two months the City completed minor repairs at The HUB while SWAG conducted work to transition the facility to a 90-day Crisis Stabilization Facility.
Item Number: 13.
SR-24-260
SWAG's approach is a complete paradigm shift and leads with efforts to build trust and rapport with the unhoused community, while connecting them to mental health and rehabilitation treatment centers and services. In addition to five (5) FTE's at The HUB, which includes one (1) Project Coordinator, two (2) Case Managers, and two (2) Facility Monitors/Security, there are four (4) full-time Street Outreach/Case Managers in the field every day working collaboratively with our Homeless Outreach Team.
If approved, The HUB will provide a 90-day Crisis Stabilization Program, it will no longer operate as an Emergency Shelter or lodging operation. The facility would provide temporary refuge for chronically unhoused individuals, enabling them the progress toward the acceptance of assistance and recovery.
To gain assistance from The HUB, the following eligibility requirements would need to be met; Chronically Homeless - must be chronically homeless and must have been surviving on the streets for a minimum of one year or have experienced three or more episodes of homelessness that were indicative of one year.
Identified as chronically homeless (residing in an area that is not intended for human habitation) by Law Enforcement or Code Compliance.
Must be known to reside on the streets of Desert Hot Springs or surrounding unincorporated areas.
FISCAL IMPACT:
The amount of this agreement is not to exceed $1,072,668 annually, subject to an approved City budget. The costs will be pulled from contract services in The HUB budget line item.
ATTACHMENTS:
120924 Professional Services Agreement - SWAG Full Agreement SWAG Proposal and Scope of Services
Martha's Village and Kitchen Proposal
The Street Life Project Proposal
Martha's Final Stats
Item Number: 13.
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
SOCIAL WORK ACTION GROUP (SWAG)
This Professional Services Agreement (“Agreement”) is made and entered into on December 12, 2024, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Social Work Action Group (SWAG) a non-profit organization, hereinafter referred to as “Consultant.”
RECITALS:
WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the full management, oversight and operations, 24- hours a day, seven days per week of The HUB, the City of Desert Hot Springs’ Homeless Access Center located at 66753 Hacienda Ave., Desert Hot Springs for a 90- day Transitional Facility for the unhoused population in our community. (sometimes hereinafter, the “Services”); and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as described in the Scope of Services and Proposal attached to this agreement.
Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect through June 30, 2026, in accordance with this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Item Number: 13.
Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, an amount not to exceed One Million Seventy Two Thousand Six Hundred and Sixty Eight Dollars and Zero Cents ($1,072,668.00) annually for actual work completed, invoiced and approved by the City.
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:
Emily Pearson
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon 30 day written notice of Item Number: 13.
termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.
Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
Item Number: 13.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor- in-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT
OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS
OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities.
Item Number: 13.
(4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property. (10) Consultant will perform services that are outside the usual course of the City’s business.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Item Number: 13.
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.
Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract; (iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
Item Number: 13.
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND
LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional Item Number: 13.
and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Section 18. RESERVED
Section 19. NOTICES
Item Number: 13.
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Frank Luckino
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Aaron Petroff
Social Work Action Group
5053 La Mart Drive, Suite 204
Riverside, CA 92507
[email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Item Number: 13.
Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services that are not finished by Consultant.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Item Number: 13.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to Item Number: 13.
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
a. Aaron Petroff shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Frank Luckino shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount Item Number: 13.
which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all Item Number: 13.
applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.
Section 45. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
CITY OF DESERT HOT SPRINGS CONSULTANT
____________________________ ___________________________ Frank Luckino, City Manager Aaron Petroff
Social Work Action Group
ATTEST:
__________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
Item Number: 13.
___________________________________
Tuan Vu, City Attorney
The HUB
Social Work Action Group (SWAG)
Scope of Services and Proposal
• The Consultant is responsible for providing full management, oversight and operations, 24- hours a day, seven days per week, of The HUB, the City of Desert Hot Springs’ Homeless Access Center, located at 66753 Hacienda Ave., Desert Hot Springs, CA 92240, for a 90- day Transitional Facility for the unhoused population of Desert Hot Springs. • The Consultant will be responsible for providing sufficient staffing, including but not limited to security, case management, street outreach and social work employees. • The Consultant will be responsible for providing water, coffee and a minimum of three (3) meals and snacks per day for the clients of The HUB. All supplies are to be provided by the Consultant during the term of this agreement.
• The Consultant will work collaboratively with the City of Desert Hot Springs during the term of this agreement, ensuring Law Enforcement and Code Enforcement staff have preference to refer clients to The HUB for resources and services 24-hours a day. • The Consultant will ensure that all clients are from Desert Hot Springs and will refuse clients that are unable to provide documentation proving connection to Desert Hot Springs. Law Enforcement, Code Enforcement and Staff verification is allowable. • The Consultant will work collaboratively with the City of Desert Hot Springs staff, Law Enforcement and the Homeless Outreach Team to ensure the goals and vision set forth by the City Council to address the homeless crisis in Desert Hot Springs is enacted. The Consultant will deploy responsible, compassionate compliance while providing resources and services to the unhoused community in Desert Hot Springs and immediately communicate with law enforcement and staff if assistance or enforcement action is required to ensure public safety.
• The Consultant will reasonably respond as needed to requests from Law Enforcement and/or City staff to facilitate the transportation of an individual connecting to resources at The HUB or other partner agency.
• The Consultant will ensure that loitering, encampments and disruptions in and around vicinity of The HUB are reported to City staff immediately. • The Consultant will ensure that congregating and smoking in areas visible to the general public will be prohibited at The HUB.
• The Consultant will continue to provide a day center for inclement weather for the unhoused population. Case Management and other productive activities must be facilitated during Item Number: 13.
visits to the day center. Each client must participate in Case Management if visiting the day center.
• The Consultant will track all encounters and provide the City with monthly reports on progress.
• The Consultant will provide a reasonable space for animals for those seeking to obtain services and resources at The HUB. The Consultant may also collaborate with the City of Desert Hot Springs Animal Care and Control Department via the Deputy City Manager, Chief of Police or the Deputy Chief of Police for unique circumstances. • The Consultant is responsible for reporting any building maintenance issue promptly to the City of Desert Hot Springs.
• The Consultant is responsible for ensuring the interior and exterior of The HUB is clean, free of trash and/or debris, and not in violation of any sections of the DHSMC. • The Consultant is responsible for ensuring all trash receptacles are neat, orderly and locked at all times.
• The Consultant will ensure that all clients are treated with respect, compassion and dignity at all times.
• The City is responsible for all utilities, building and landscape maintenance and IT and Camera infrastructure.
• The Consultant will participate in the monthly Mobile Healthcare Clinic which occurs at The HUB on the third Thursday of each month.
• The Consultant will participate in and collaborate with staff during weekly strategic planning sessions. Information will be provided to consultant as to the date and time of these meetings.
• The Consultant will participate in meetings with the city and partner agencies, residents and the business community as needed. The City will provide reasonable notice if Consultant attendance is necessary.
Item Number: 13.
2024
Desert Hot Springs
Homeless Service Plan
A Proposal for Change
Item Number: 13.
December 20, 2023
Erick Becerril
Housing and Community Program Manager
11999 Palm Drive
City of Desert Hot Springs, CA 92240
Greetings, Mr. Erick Becerril,
On behalf of the Social Work Action Group (SWAG), we would like to thank you for the opportunity to submit an action plan to address homelessness in the City of Desert Hot Springs.
SWAG seeks to transform the way society approaches homelessness by restoring humanity, one person at a time. Our unique model demonstrates that if you first restore confidence, strength, and self-esteem, individuals are better equipped to tackle the road ahead. For those most vulnerable living on the streets and not necessarily asking for help, we aim to provide services and linkage to substance abuse treatment, behavioral health, and housing stability to achieve independence; an environment that promotes accountability; and a community that offers compassion, support, and hope. For all with the capacity and desire to serve local government, law enforcement, service providers, faith-based organizations, educational institutions, volunteers, etc.-we seek to engage you in the profound experience of empowering individuals to achieve what once seemed impossible through the seemingly simple acts of taking action and being a part of the solution. It takes a well-rounded approach to help our neighbors without homes to move toward self-sufficiency.
We are greatly appreciative of the possibility that we may be able to serve in your community. We look forward to the opportunity to address the growing needs and restore hope to many homeless individuals residing in the City of Desert Hot Springs.
With Gratitude,
Monica Sapien, MSW
Executive Director
Item Number: 13.
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________________________________________________________________ Table of Contents
About Social Work Action Group (SWAG)………………………………………………………………… 2 Executive Summary……………………………………………………………………………………...……. 3 Crisis Stabilization…………………………………………………………………………………………..… 3 Outreach and Case Management to the Unsheltered Homeless …………………………….……….. 5 Proposal…………………………………………………………………………………………………………. 6
Housing Navigation…………………………………………………………………………………………… 11 Outreach to Community-at-Large……………………………………………………..…………………… 12 Census of Unsheltered Homeless…………………………………...………………………………..….... 13 Compliance and Reporting Mechanisms…………………………………………………………….…… 13 Measurable Outcomes………………………………………………………………………………..……… 17 Funding……………………………………………………………………………………………………….… 17
Proposed Staffing……………………………………………………………………………………..……… 18 Budget………………………………………………………………………………………………………...… 19
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________________________________________________________________ About Social Work Action Group (SWAG)
The SWAG team, formed in 2017, is made up of individuals who have diverse education and experience in social services. Our expertise is in program design and implementation of direct services to those experiencing homelessness. Team members have direct street outreach experience, supportive housing case management, and management of homeless housing programs such as operating Emergency Housing/Shelters, Tenant-Based Rental Assistance, Emergency Solutions Grants, Crisis Stabilization, Rapid Rehousing for individuals and families, and Permanent Supportive Housing for individuals and families experience. Our innovative and systematic approach towards addressing homelessness is not geared towards the services themselves, but rather the ultimate outcome of measurable success.
Mission
SWAG’s mission is to advocate, educate, and inspire marginalized individuals and families in the Inland Empire to achieve sustainable independence through community support.
Vision
Restoring humanity, one person at a time.
Approach
SWAG’s innovative and systematic approach towards addressing homelessness is not geared towards the services themselves, but rather the ultimate outcome of measurable success. For example, when addressing homelessness, an emergency shelter stay is a very temporary result, and we are looking for a series of results that will equal a permanent housing solution. To further expand a full-range of supportive services to address the whole person, SWAG provides crisis stabilization, medical, behavioral health and substance abuse services and connection to more intensive services.
Item Number: 13.
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________________________________________________________________ Executive Summary
A growing number of people are experiencing homelessness in the City of Desert Hot Springs, a common situation across California and the United States. During 2023, an estimated 122 people (48 interviewed, 59 observed) in the City of Desert Hot Springs experienced homelessness according to the yearly Point-In-Time count, and the city recorded an astonishing 123% growth in unsheltered homelessness (48 individuals in 2022 to 107 in 2023). A significant number of this population (25% of the 48 individuals interviewed) are classified as chronically homeless, defined as being without shelter for 12+ months and having a disabling condition such as a physical health condition, mental health condition, and/or substance abuse disorder. 33% (23% substance abuse and 10% mental health) of respondents cited substance abuse and/or mental health issues as significant barriers to them getting off the street. Without stable housing, chronically homeless individuals cycle in and out of hospital emergency rooms and inpatient hospital stays as well as psychiatric centers, detoxification programs, and jails resulting in higher cost impacts to local government.
Riverside County provides a diverse but fragmented array of medical and mental health care, substance abuse treatment, housing and social services. These services are under-coordinated and frequently geographically dispersed. Access to safety-net housing, mental health, and treatment is limited. Most services focus on the low-income population. Some programs have extensive waiting lists and most have multiple complex steps required to access services. The number of emergency shelter beds in the City of Desert Hot Springs are insufficient to meet the demand for shelter, transitional, and permanent housing, as well as to abide by relevant judicial precedent. Similarly, there are insufficient numbers of inpatient psychiatric and residential drug treatment beds.
A strategic plan has been developed to address the issues of homelessness in the City of Desert Hot Springs. The plan includes strategies that visibly reduce the number of unsheltered homeless individuals, which is known as the chronically homeless population. This will be through prioritizing comprehensive outreach for Desert Hot Springs individuals living on the streets and other places not meant for human habitation.
Crisis Stabilization
SWAG’s homeless street outreach aims to provide crisis stabilization services, reduce inpatient physical and mental health hospitalization, reduce the amount of time that law enforcement is involved in responding to homeless related calls, and ultimately ending the individual’s cycle of homelessness.
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________________________________________________________________ On a daily basis, SWAG street outreach teams are building rapport with chronically homeless individuals suffering from untreated substance abuse and mental health disorders. Generally, these individuals are not asking for help and are so deep in their addiction that they don’t believe they are worth or deserving of any assistance. The SWAG outreach teams’ goal is to earn the individual’s trust and to inspire the individual to want to take small steps towards a better life, with our ongoing support so they know they are not alone. Individuals that are not ready to make the drastic life change of entering inpatient treatment will, however, agree to entering a temporary housing situation. Our experience has shown that after an individual has been provided a private room to sleep, the ability to take a warm shower, put on clean clothes and eat a home cooked meal, they start to feel deserving of this better way of life. It is at this point the SWAG team and individual are able to have open and honest discussions that will lead to the development of short-term goals that can lead into long-term results. For example, it is easier for an alcoholic of 10 years to gradually reduce their intake over a 60-day timeframe than it is for them to abruptly quit. This is referred to as a harm-reduction approach.
The Anchor - Restoring Balance, Reviving Hope: The Journey to Serenity Starts here.
In December 2020, The Anchor was
opened in the heart of downtown Lake
Elsinore. The Anchor is a crisis
stabilization housing complex owned by
the City of Lake Elsinore and operated by
SWAG. This facility allows for SWAG to
operate within a Housing First Model and
Harm Reduction Model. At this facility
individuals can enter directly from the
streets even with active substance use;
however, paraphernalia and/or illegal
substances are prohibited from being on
the property. This model alleviates the
barriers to addressing the individual's root
cause(s) of homelessness.
One of SWAG’s hopes for The Anchor is to create a safe, welcome, and home-like environment. This space is dedicated to treating the residents with dignity and respect; as SWAG believes no one deserves to live on the streets. At this facility, residents have their own room, where they can express their own creativity and ultimately feel a sense of belonging. This safe space allows for them to unwind in a community as they all work towards their individual goals for a better future. This facility encompasses a holistic approach to serving individuals.
Since it first opened its doors, The Anchor project has served a total of 190 individual clients that may have stayed more than once at the facility. The Anchor team is composed of a Facility Coordinator, 2 case managers, and 2 facility
monitors. One of the facility monitors lives on site to ensure 24-hour surveillance and assistance. With a capacity to accommodate up to 14 individuals, The Anchor operates as a vital resource for those in need. Efforts include ensuring Item Number: 13.
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________________________________________________________________ that the occupancy is filled on a daily basis, with a goal of each newly empty room being filled within 48 hours.
During their stay, individuals are assisted with obtaining vital documents, undergo assessments for mental health and substance abuse services, and establish connections to medical services and mainstream benefits. This multifaceted strategy has resulted in The Anchor successfully assisting 54 clients in accessing treatment services and 50 clients in securing a housing placement, reflecting the project's commitment to making a meaningful impact on the lives of those it serves.
Outreach and Case Management to the Unsheltered Homeless SWAG has a two team approach with addressing homelessness for residents of The Anchor and those currently residing on the streets. SWAG's outreach team serves as a crucial component in the day-to-day operations of The Anchor. Composed of four outreach specialists based in Lake Elsinore, this boots-on-the-ground team actively collaborates with code enforcement and law enforcement to engage with homeless individuals in the community, employing a goal-oriented approach while prioritizing team safety. The Lake Elsinore outreach team maintains a standing appointment with these partners for a weekly Quality of Life Engagement (QOLE) event. During this scheduled engagement, the groups work cohesively to conduct outreach, focusing on areas with newly established encampments identified by code enforcement. Utilizing this opportunity, the outreach team offers essential services to individuals targeted by law and code enforcement. Their collective effort encourages individuals to accept available services and, when applicable, consider entering The Anchor. Clients brought to The Anchor are often individuals the outreach team initially built rapport with.
In the case of a client's exit or decision to leave the facility, it is the outreach team that re-engages with them on the streets. Their role involves encouraging the client to return to The Anchor and resume working toward their goals, emphasizing the continuity of support from initial engagement to ongoing assistance.
Research on the SWAG Model
SWAG’s outreach approach has been recognized as the model outreach approach by California State University, Sacramento’s case study on “Addressing Unsheltered Homeless in California” from projects utilizing the State’s Homeless Emergency Aid Program (HEAP) funding. In reference to SWAG’s outreach approach, the case study states that SWAG shows promise in addressing behavioral health and substance abuse barriers while maintaining the goal of permanent housing. This study recognizes SWAG’s multifaceted approach to meeting homeless individuals where they are and bringing the necessary services out to them. These services include case management, housing navigation, Item Number: 13.
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________________________________________________________________ medical services, behavioral health and substance abuse services. This model approach is SWAG’s foundation to addressing homelessness.
In “The Public Administrator’s Companion: A
Practical Guide”, SWAG’s partnership with the Rialto
Police Department, specifically conducting outreach,
is highlighted as a successful working relationship.
The partnership between SWAG and the police
department reflects a recognition of the complex
nature of homelessness and the importance of a
cooperative effort between social services and law
enforcement. Due to the Rialto Police Chief’s
recognition of the need for assistance in homeless
services to ensure that the officers are focusing on
their assigned duties. The real-time representation of
homelessness-related issues through centralized
reports, shared case conferencing, and daily interaction in the field indicates a coordinated and proactive response.
In 2023, Molina Healthcare partnered with SWAG to meet CalAIM priorities. This partnership signals a holistic approach, indicating that it goes beyond just providing shelter or basic assistance. By working with Molina, SWAG will offer more comprehensive support, potentially including healthcare services, addressing medical issues, and overcoming physical barriers that may be hindering the well-being of the chronically homeless population.
In 2023, California Baptist University conducted a qualitative study on women over the age of 50 residing at the Anchor. In 2024, SWAG is partnering with California Baptist University to conduct a 3-year longitudinal study that highlights the need for SWAG’s outreach model and The Anchor model in addressing the barriers associated with chronic homelessness. This collaborative research effort reinforces SWAG’s dedication to its mission.
Proposal
SWAG firmly believes in continuity of care; throughout the client’s journey SWAG strives to maintain consistency and thoroughness in every step. During the transition between the current operator and the new operator, SWAG suggests a “warm handoff”. This includes ensuring that case files, intakes, case notes, etc. are provided to the new operator. In doing so, the new operator will have core knowledge on the individuals they will be serving and operations of the facility. SWAG is prepared to assume full operational responsibility of the HUB from the current provider on approximately January 17, 2024.
SWAG envisions The HUB to be a trauma-informed care space, where homeless individuals that suffer from trauma, from both preceding their homelessness and during it, can inhabit a space tailored to their unique struggles. The HUB will serve as a multi-use facility that includes a cooling/heating space, short-term stay, case management, and wellness interventions. The HUB should encompass comfort through warm aesthetics, soft furnishings, and allow for individual autonomy for their space. To assist individuals transitioning from life outdoors to life indoors, incorporating nature will be a key wellness strategy. Nature will be utilized through the use of indoor plants, natural colors, and access to gardening space.
Item Number: 13.
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________________________________________________________________ Shared common areas will instill a sense of peace, respect, and ownership in accordance with the disconnection from society that many individuals feel due to their homeless status. A strengths-based perspective will allow acknowledgement of the clients’ skills. These skills will be strategically used and for the benefit of themselves and the community as a whole. Clients will have opportunities to offer encouragement and share their story in staff-lead peer-support groups; promoting a community of togetherness. Clients will spend a considerable amount of time working on wellness activities that include opportunities for creativity through artwork; for example, individuals will create a “mural” that highlights and tracks individual victories including entering treatment, securing housing, career growth, etc.
Research shows that individuals that are able to separate themselves from the fight-or-flight survival of life on the streets are more receptive to pursuing treatment. Opportunities for wellness approaches such as meditation, mindfulness, aromatherapy, light therapy, oxygen therapy, virtual reality, journaling, and engaging spirituality would further address the residents holistically through the person-centered approach embodied by the HUB while they work alongside clinical treatment interventions.
Admission Criteria:
The HUB will serve as a 90-day crisis stabilization facility to individuals over the age of 18 who have been verified to be chronically homeless and residents of the City of Desert Hot Springs. Individuals would need to have a history of engagements with SWAG, law enforcement, code enforcement, or with any of the city partners; as these entities are boots on the ground and are able to verify someone’s chronic homeless status and their time frame as residents of the community.
Clients who enter the facility will undergo a comprehensive intake process. Individuals will remain at their own will but must follow the designated rules. Each client is granted a stay of up to 90 days for crisis stabilization, during which they receive personalized daily case management to work towards their individual goals. For clients with specialized needs, such as homeless youth, individuals fleeing domestic violence, newly homeless and individuals at risk of homelessness, they will be provided connection to resources including housing voucher applications and county services navigation. If a client exits the facility at any moment, they may work with the SWAG team to re-enter the facility at a later time. This will ensure that only homeless individuals from Desert Hot Springs will be served by The HUB.
Morning Briefing:
Each day begins with a designated staff member walking the premises to do a safety check and unlock any necessary area(s). Upon completion of this, a collaborative case conference between HUB staff and SWAG outreach staff is held. The agenda includes discussions on vacant beds, potential occupancies, and the outreach staff’s assistance at the facility. The outreach team may be utilized by the HUB staff to transport clients and conduct interventions when clients stray away from identified goals. Much of the focus on who the potential clients placed in the facility will stem from the list of priorities set in collaboration with the city’s staff, code enforcement, and law enforcement.
Both the HUB staff and the outreach team play a crucial role in fostering the well-being of the HUB and its surroundings through the implementation of a "good neighbor" policy. SWAG takes the initiative, to prioritize engaging with visibly homeless individuals and providing them with necessary services to prevent loitering or any negative impact on the area. In cases where an individual declines services and persists in loitering, the established protocol involves notifying law enforcement and code enforcement for an appropriate intervention. This proactive approach ensures that the HUB and its environment are maintained in optimal conditions, promoting a harmonious and safe community environment.
Item Number: 13.
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________________________________________________________________ Routine Checks:
Throughout the day, routine checks are conducted, encompassing room inspections for cleanliness and compliance. Wellness checks are performed on all residents, drug testing procedures are implemented, and violations are issued if necessary. Security tapes are reviewed to maintain a safe and secure environment. Resident privacy and the right to their own space and time within reason, will be respected and upheld as these checks are carried out.
Facility Surveillance System:
A 24-hour surveillance system is a crucial component of the trauma-informed care approach as it will limit victimization, promote accountability, and empower residents to find peace knowing there is ample oversight in place. City partners will be able to rest easy knowing that video evidence exists of any potential breach of legality, and law enforcement partners will be able to act with confidence in the event of any wrongdoing. Resident confidentiality and privacy are paramount, and efforts will be made to ensure that no surveillance occurs in designated private/clinical spaces.
Communal Kitchen:
Part of making this facility feel like home is having warm home-cooked meals. SWAG proposes for community members and stakeholders to have access to the kitchen facility to contribute to providing all meals for residents. In this way, although the stay at the HUB is temporary, individuals will still be able to establish a sense of permanence and place in light of their inability to set down roots while on the street. Facility staff will create a meal schedule in which various volunteers, faith-based groups, and community members may volunteer their time to provide or prepare meals for the clients residing at the facility. SWAG believes that there is power in “breaking bread” with clients; as it allows for quality time, bonding, and rapport building. Over the years, SWAG has maintained this value by hosting a home-cooked Thanksgiving meal with residents at The Anchor facility. This time well-spent with client’s has shown the true value of quality time spent over a shared meal. Ultimately, the kitchen will aid as a connection point between the community and the individuals served. This opportunity will allow the clients to build relationships with community members; all while enhancing their life skills as they will be able to observe and learn how food is prepared. This interaction will contribute to their sense of purpose and empowerment. Furthermore, this opportunity offers reciprocal benefits for the community members and volunteers as their acts of giving are done so in a responsible capacity.
Food inventory will be supplied by food pantries and community donations. Residents can store non-perishable items in designated cubbies, which will further bolster their sense of belonging.
Curfew:
A curfew is set at 7:00 PM, allowing residents to leave but not return if late. Curfews assist in creating routines for individuals that have largely lived on the street without fixed schedules, and they also contribute to creating a sense of safety as residents know that no one should be showing up past the curfew outside of rare exceptions. Expectations such as these assist in reducing the possibility of any triggering events for any abuse survivors.
Room Accommodations:
For the shared bedrooms at the HUB, each room will be designated as a male or female only bedroom.
Depending on room availability, specific spaces may be designated as serving crisis intervention roles, Item Number: 13.
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________________________________________________________________ such as a room for mental health/substance use crisis, or rooms where individuals may engage in recreational/productive activities in private or public. The interior design of the rooms will be trauma-informed by emphasizing the healing properties of combinations of red, orange, yellow, green, blue, pink, and purple in both paint as well as decor. The shower room will operate on a schedule to allow for male and female residents to have separate shower times. These arrangements will ensure privacy and comfort for the residents as well as limit opportunities for revictimization.
Pet Accommodation:
SWAG acknowledges the importance of providing shelter for both clients and their pets. Not having an immediate solution for the clients' pets can create barriers for them getting off the streets. Therefore, kennels will be onsite for clients to utilize for their pets. Aside from providing relief to a real issue faced by the chronically homeless, the therapeutic benefits of interacting with pets is undeniable even outside of a strictly clinical setting. For individuals that have not engaged in regular social interactions, spending time with pets can act as a safe first-step in acclimating to the societal reality of regular social interactions.
Vehicle Storage:
The team may encounter individuals who own a vehicle and would like to bring it with them while residing at the HUB. For some, a vehicle could have been their home for quite some time, and asking them to relinquish/junk their vehicles may be cause for trauma. Individuals would need to provide proof of ownership and verify the vehicle registration is current, sign a waiver of liability, and sign an agreement for staff to search the vehicle for prohibited items. Vehicles would be accepted based on space availability.
Check-out Process:
Once a client is ready to exit the HUB they will be expected to take all of their belongings, any items they do not wish to take with them will need to be disposed of prior to exiting. HUB staff will ensure that client belongings are respectfully held if needed, and efforts will be made to ensure that belongings are returned to clients. If any belongings are left behind, they will be stored for 48 hours pending permanent removal. Staff will conduct an inspection and final inventory of the client’s furniture and living area to ensure there is no damage to the property. If a client is exited due to behavioral concerns or excessive violations, a 2-hour timeframe will be alloted to gather their belongings and vacate the property.
The Access HUB serves as a pathway into the program for individuals who could potentially become future residents of the facility. The outreach team would engage with individuals on the streets and assess their needs, bringing them to the HUB for guided tours, meals, a relaxed location for case management, to utilize the heating/cooling center, and so on. Any individuals who wish to utilize the services of the Access HUB must be screened by the case management team for appropriate service connections.
Facility staff work hand in hand with outreach staff. Outreach staff will inform facility personnel when a client will be entering. This allows for Facility staff to prepare necessary items.
Upon arrival at the facility, each client will be transitioned from the outreach staff to the facility staff. The initial intake assessment will be conducted, accompanied by the completion of consent forms and the facility's rules agreement. Among these rules are random drug screenings, daily room inspections, staff inspections of property and belongings, etc.
Item Number: 13.
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________________________________________________________________ Once the client agrees to the presented rules, their bags and belongings will undergo a thorough check for prohibited items such as paraphernalia, weapons, tools, etc. Any confiscated items will be removed, and the client will be directed to subject their remaining belongings to a “bug zapper” device to prevent bed bugs and other pests. Following this, the client will be provided with a guided tour of the facility, a hygiene kit, and a clean set of clothes for an initial shower. Lastly, the client will be assigned a bed and a storage area for personal food items.
To facilitate the transition from street life, clients are allowed up to 72-hours of rest before commencing daily case management sessions with facility staff. After this rest period, clients will begin daily meetings with their assigned case manager to outline the necessary steps to achieve the goals specified in their Individual Service Plan (ISP). Within 24-hours of entering the facility, clients will be enrolled in SWAG’s internal database. Subsequently, the client and case manager will collaborate to identify and secure the required documents to ensure the client is document-ready for entry into the Coordinated Entry System (CES). The case manager may arrange appointments to assist the client in obtaining vital documents from the DMV or Social Security office. Additionally, within 24-hours, the case manager will ensure the receipt of a Homeless Verification for the client.
The overall purpose of this plan is to work together with the community and service providers to create immediate solutions to address and reduce chronic homelessness in the City of Desert Hot Springs.
SWAG will work with local law enforcement agencies, faith-based groups, non-profits, businesses and community members to collaborate with one another. SWAG will provide consistent and intensive case management services to individuals living on the streets. Assisting these most vulnerable and service resistant individuals will result in direct savings to city/county facilities and staff, law enforcement, paramedics/fire, business and improve the overall quality of life for City of Desert Hot Springs.
To truly combat homelessness, we must share a collaborative vision to work together as a community to do “whatever it takes” to provide immediate solutions and interventions to the chronically homeless population through partnerships and community resources. We will not support the notion that “they don’t want the help” as we believe everyone desires and deserves safe and stable permanent housing. The focus is not for the individual to adapt to the program, instead we must adapt to the individual.
One of SWAG’s core beliefs is having strong partnerships with city officials, law enforcement, code enforcement, etc. SWAG will collaborate with these groups to identify the top priority individuals that are both chronically homeless and “Super-Utilizers” of emergency mental health facilities/5150’s, emergency medical visits/ resources and jail bookings. SWAG also works with them to identify the most problem-oriented locations also known as “Hot Spots''. These Hot Spots are identified through concerns raised by community members, law enforcement, code enforcement, or city partners. When a location or individual(s) are identified by one of these entities, SWAG is notified to first assess the individual/encampment. SWAG may also inform code enforcement and law enforcement of an individual/encampment that they have encountered, after assessment of the situation. SWAG then works towards engaging to build rapport with these individuals and towards solutions to ending their cycle of homelessness. If the client accepts services and is placed into emergency shelter or connected to a service that day, code enforcement may be notified to assist with removal of any remaining encampment items in the area of concern. This approach ensures that law enforcement and code enforcement are being utilized at their full capacity. With this strategic operational approach, SWAG is able to utilize a whole-person centered approach to convince these individuals to not only accept housing services, but to address the barriers that are keeping them on the streets In 2017, the University of California, Irvine and The United Way, published “Homelessness in Orange County: The Costs to our Community” that studies the overall costs a community incurs by proactively Item Number: 13.
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________________________________________________________________ and reactively serving homeless individuals. The study concludes that per year, on average, chronically homeless individuals cost a community $100,759 per person, while the top 10% or whom we are calling “Super-Utilizers” cost a community $439,787 per person. In assisting with 40 identified homeless individuals, the City of Desert Hot Springs will see a cost savings of up to $7,420,640. 30 Chronically Homeless x $100,759 = $3,022,770
10 “Super Utilizers” x $439,787 = $4,397,870
_____________________________________________
Sum of all Annual Costs = $7,420,640
Housing Navigation
Housing navigators bridge the gap between homelessness and stable housing by connecting individuals and families to permanent housing solutions. The SWAG team assists clients with addressing individuals and structural barriers to housing, supporting the clients, and maintaining strong, sustainable relationships with landlords, property owners, and leaders in the City of Desert Hot Springs.
Case Managers meet with clients one-on-one for housing navigation. Each client’s path to housing is unique. While some are ready to go straight to an apartment, room & board, or reunite with family, most require entry into mental health or substance abuse treatment. Treatment also serves as emergency housing and one’s first step on their path toward ending homelessness. The key here is to provide housing with connection to treatment services or the success rate of one’s ability to maintain that housing drastically decreases.
Housing options include:
● Emergency Shelters
● Emergency Motels
● Housing Vouchers
● Reunification with family members who are housed
● Room and Board
● Sober living homes
● Treatment Programs followed up with housing placement Item Number: 13.
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________________________________________________________________ Outreach to the Community at Large
Community Outreach is seamlessly integrated into our daily activities at SWAG, where we actively connect with various stakeholders, including community members, local business owners, faith-based organizations, and other local entities. This multifaceted engagement occurs both in person and over the phone, serving as a vital channel for inquiries about SWAG services or guidance on addressing issues related to homelessness.
The most successful models to address homelessness are developed through robust community engagement. Diversity of thought, experience, resources, and program philosophies facilitate the development of solid public/private partnerships and models. Additional benefits of community engagement include:
.
● Provide opportunities for community residents and businesses to express concerns and participate in solutions.
● Foster community buy-in and ownership.
● Bring together diverse stakeholder groups that were not previously working together. ● Increase transparency. Build trust. Increase understanding. Improve communication. ● Develop methods to resolve conflicts.
● Establish local networks of community stakeholders who can work together towards common goals.
● Identify creative and practical solutions. Identify unmet needs and service gaps. ● Leverage public and private sector resources of time, talent, and treasure. ● Coordinate and disseminate the Anti-Panhandling Campaign Central to our approach is the cultivation of responsible compassion, a cornerstone of the SWAG policy.
Responsible compassion extends beyond merely offering assistance; it involves actively discouraging negative behaviors such as panhandling, while also empowering community members with knowledge on the appropriate steps to take when encountering a homeless individual. Our commitment to responsible compassion encompasses educating stakeholders about the importance of reporting Item Number: 13.
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________________________________________________________________ instances of homelessness and refraining from permitting individuals to camp on their property. By fostering open communication and providing education on responsible compassion, SWAG not only addresses immediate concerns but also works towards building a compassionate and informed community. This proactive engagement ensures that our outreach efforts contribute to the overall well-being of both the homeless population and the community at large.
Census of Unsheltered Homeless
In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, local law enforcement agencies and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by-name list. The list provides the date and location the team encountered the individual and gives an overview of the length of time the person has lived in the identified city, the length of time he or she has been on the streets, and some of the barriers to housing.
A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness such as severe trauma(s). SWAG will also detail one’s connections and support systems in the city to leverage those individuals and incorporate those resources. This information can be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city.
Compliance and Reporting Mechanisms
The SWAG team employs a systematic approach to managing and assisting homeless individuals, utilizing three primary reporting formats: the By-Name-List (BNL), Snapshot, and Street Exit Narrative.
These detailed reports are a crucial component of SWAGs operations in continuous communication with partners. Having reporting documents that show the transparency of the shared successes and the constant barriers faced by our team and our clients improves the ability for partners to understand the holistic approach to addressing homelessness.
Item Number: 13.
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________________________________________________________________ The BNL is a comprehensive list that keeps record of every client that has been served in the city/project. It can be viewed as a program roster. This list keeps records of client’s that are active and inactive. After 3 months of no contact, a client is determined to be inactive. In addition, the BNL provides crucial information about homeless individuals encountered on the streets, including location, last engagement date, length of homelessness, residency in the city, and disabilities.
The Snapshot is generated on a
monthly basis by the outreach and
facility teams. This document records
the number of services provided each
month. It also provides demographic
information for any new clients served
in the month period. The items the
report covers is a breakdown of
individual contacts and services
provided, encompassing housing and
shelter referrals, mental and physical
health services, substance abuse
services, and other miscellaneous
support. The document has month
numbers available which allows for a
year to date count.
Item Number: 13.
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________________________________________________________________ The monthly Street Exit Narrative is a document that is broken up into 4 sections:
● Street Exit’s - Details when a client exits the street and goes into a program or service. ● Permanent Housing Placements - Details the summary of where the client was placed for permanent residency. When providing Greyhound Bus Passes for Family Reunifications, it is important to note that SWAG staff make contact with the family of the clients prior to placing them on the bus to ensure that they are willing to receive them and have stable residency. ● Return to Streets - To promote transparency SWAG documents when a previous client that was a street exit has returned to the streets / to homelessness. ● Service Connections - Details the summary of the services the client was connected to based on the client’s personalized plan.
Item Number: 13.
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________________________________________________________________ Beyond SWAG's internal reporting, the team maintains records in our HIPAA compliant database. A profile is created for each client, and when the necessary documentation – including the Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT), homeless verification, and disability verification – is collected, it is uploaded into the client’s profile on the HMIS System. Obtaining these documents is prioritized upon a client's entry into the facility, at which point they are entered into HomeConnect, ensuring a comprehensive and coordinated approach to managing homelessness within the community.
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Homeless Services Proposal Page 17
________________________________________________________________ Funding
SWAG will assist the City of Desert Hot Springs with facilitating and securing funding to support homeless services. SWAG has a long history of identifying funding sources which include but is not limited to:
● County
○ Continuum of Care (CoC)
○ Emergency Grant Solutions (ESG)
○ Community Development Block Grant (CDBG)
● State
○ Homeless Emergency Aid Program (HEAP)
○ Homeless Housing, Assistance, and Prevention Grant Program (HHAP) ○ Project RoomKey
○ Project HomeKey
○ CalAim
○ Encampment Resolution Funds (ERF)
○ California Community Reinvestment Grants (CCRG)
○ Climate Action and Adaptation
● Federal
○ American Rescue Plan Act (ARPA)
○ US Department of Housing and Urban Development (HUD)
○ Substance Abuse and Mental Health Services Administration (SAMHSA) ● Private
○ Kaiser Permanente
○ Molina Healthcare
○ Stater Brothers
○ Marijuana Dispensaries
○ Rialto Police Officer Association
○ 100 Women Who Care
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Homeless Services Proposal Page 18
________________________________________________________________ Proposed Staff
The proposed facility aims to maintain a well-organized daily routine to ensure the effective functioning and support of residents. Staffing comprises a team of dedicated personnel including 2 facility monitors/security, 2 case managers, a facility coordinator. The proposed outreach team consists of 4 team members.
Project Coordinator- Program Coordinator will help to organize, supervise, and facilitate the work among employees, as well as provide specialized support to case management and facility staff. This position will establish and maintain a framework for activities in order to build a strong inter-jurisdictional coordination structure, align policies, promote systems integration and promote collaboration among public agencies, businesses, community groups and faith-based organizations; and to do other work as required. All duties will be performed with a multidisciplinary and multi agency team approach.
Case Managers- Case Managers will provide case management, housing navigation, and housing retention services to SWAG clients. This position is responsible for providing field based, direct client services alongside a team of outreach workers, case managers, housing locators, and community providers. Case management services include, but are not limited to, outreach/ engagement, case management assessment and service planning, mainstream entitlement application and/ or connection to employment services, housing location, addressing all service needs to stabilize clients in housing, and promote recovery and community integration.
Facility Monitor/Security- Facility Monitors will help to organize, supervise, and facilitate the residential facility work. This position will establish and maintain a framework for activities in order to build a strong inter-jurisdictional coordination structure, align policies, promote systems integration and promote collaboration among public agencies, businesses, community groups and faith-based organizations; and to do other work as required.
Street Outreach- Outreach workers, under general supervision, will conduct daily mobile outreach to the unsheltered chronically homeless living on the streets and other places not meant for human habitation. In Addition, they will conduct intakes and housing assessments, counseling services, crisis intervention, resource referrals and case management to homeless individuals and families throughout the city. Outreach Workers will work within harm reduction and person centered models. The Outreach Team will work with city staff, local service providers, health professionals, law enforcement, faith based community representatives, local residents and business to help coordinate community efforts to assist those experiencing homelessness permanently exit life on the streets.
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Homeless Services Proposal Page 19
________________________________________________________________ Budget
Monthly Expense FTE/
Units Budget
Outreach & Case Management Services
HUB Facility Management- 24 hour a day facility and operational management of the HUB. Positions include: One (1) Project Coordinator, Two (2) Case Managers, Two (2) Facility Monitors/ Security
5.0 $45,500
Two (2) Person Outreach/ Case Management Team (PD, City Priority Response) - 40 hrs. per week (coordinate outreach, medical & case management services )
2.0 $19,066
Two (2) Person Outreach/ Case Management Team ( Follow up with existing clients and add. Support to PD/ City Priorities) - 40 hrs. per week (coordinate outreach, medical & case management services )
2.0 $19,066
Transportation Fee 1.0 $1,500
Administration Fee (5%) 1.0 $4,257
TOTAL MONTHLY COST $89,389
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The HUB is a trauma-informed
care space, where homeless
individuals that suffer from
trauma can inhabit a space
tailored to their unique
struggles. The HUB serves as
a multi-use facility that
includes a cooling/heating
space, short-term stay, case
management, and wellness
interventions.
Research has shown that there is power in
utilizing the senses to cope, relieve stress,
and enhance mental clarity. Wellness
interventions include:
Meditation
Mindfulness
Aromatherapy
Light therapy
Oxygen Therapy
Virtual Reality
Journaling
Engaging Spirituality
ABOUT US
SWAG seeks to transform the way
society approaches homelessness
by restoring humanity, one person at
a time. This facility offers a barrierfree environment, as it allows for individuals to enter directly from the
street.
At The HUB individuals will have an
assigned case manager that will
create and implement a plan tailored
to their needs. These plans will often
include addressing barriers such as
mental health and substance abuse.
CASE MANAGEMENT
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Social Work Action Group
www.theswag.org
[email protected]
This facility is made possible by a
relationship between the City of Desert
Hot Springs and Social Work Action Group
(SWAG). The HUB is a city-owned facility
that is operated by SWAG.
HOW TO HELP
Responsible compassion extends
beyond merely offering assistance
such as giving individuals money or
items. Rather, you can give your
time and talents. If you would like to
take part in cooking / serving meals
at The HUB, please contact SWAG.
SWAG's mobile office unit is an
innovative approach to deliver wholeperson care services directly to the homeless population. Use of the mobile
unit allows individuals immediate access
to case management, medical services,
substance abuse counseling and mental
health services wherever they are.
SWAG MOBI LE UNIT
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STREETLIFEPROJECT
Christian Jelmberg
Street Life Project
39575 Washington St #105
Palm Desert CA 92211
[email protected]
760-702-4944
January 22, 2024
Noe Arechiga
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs CA 92240
[email protected]
Subject: Proposal to operate and manage ‘The HUB’, Desert Hot Springs’ Access Center Dear Noe Arechiga,
On behalf of the Street Life Project, I am excited to present our proposal to assume the operations of the Desert Hot Springs Access Center, ‘The HUB’. Our vision is to transform the HUB into a comprehensive empowerment center, offering a range of essential services and activities aimed to provide support, resources and opportunities that enable individuals to take control of their lives and make positive changes to rebuild their lives. Street Life Project has a long-standing history of providing compassionate and effective support and solutions for the homeless community throughout the Coachella Valley.
Organizational Background
Street Life Project has been a proactive force in tackling homelessness for the last fifteen years, driven by our commitment to deliver effective, compassionate care. Our team’s expertise spans across various disciplines crucial for comprehensive homeless support services. (See Attachment 2)
Shelter Operations and Services
Street Life Project envisions transforming ‘The HUB’ into a haven that provides more than just shelter. Our comprehensive wraparound services include:
● Rehabilitation and/or detox placement through SU Cares Line, and offering ongoing support services for individuals seeking recovery.
● Mental health services, individual counseling and crisis intervention. 1 Item Number: 13.
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● Structured and proactive approach to development of daily living skills. ● Vocational training, personalized resume building and dedicated assistance with job searches.
● Tailored solutions for Veteran and Senior Housing referral, placement and comprehensive support.
Enhanced Services
Our operation plan for ‘The HUB’ not only includes basic shelter and cooling center functions, but also an array of activities and services designed to address the holistic needs of our clients.
Our goal is to create a supportive environment that caters to the diverse and comprehensive well-being of those we serve.
● Self-Awareness and Self-Esteem Groups: Led by staff, social workers, and peer counselors, these groups will focus on problem-solving, goal setting, and developing coping skills.
● Individual Counseling: Tailored to meet each client’s unique needs, including assistance with reading and filling out applications for IDs, social security cards, and food assistance programs, especially for those with limited literacy skills. ● Healthy Living: Promoting physical and mental well-being through structured activities. ● Daily Living Skills Program: This includes cooking classes, meal preparation, bed-making, laundry, and general facility maintenance. Clients will also learn vital skills in money management.
● Job Readiness Training: Comprehensive support in filling out job applications, resume writing, and interview preparation.
These activities are designed to foster independence, resilience, and self-sufficiency among our clients, preparing them for a successful transition out of homelessness.
Organizational Structure
1. Executive Director:
● Overall leadership and strategic planning.
● Fundraising and resource acquisition.
● Partnership development with local agencies.
● Ensuring compliance with regulations and grant requirements. ● Attend CVAG Meetings and City Council Meetings
2. Program Manager: (Hours 10:00am to 6:00pm)
● Day-to-day operations management of programs and services.. ● Recruit, train and supervise staff members.
● Implementation of program goals, policies and procedures. ● Coordination of services and resources.
● Implement Case Management practices to provide comprehensive support.. ● Report to the Executive Director.
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● Attend COC meetings.
3. Case Manager: 2 (7:00am to 3:00pm), 2 (3:00pm to 11:00pm), 1 (11:00pm to 7:00am) ● Assessing the needs of shelter residents.
● Developing individualized service plans.
● Providing support and counseling to residents.
● Assisting clients in accessing housing and social services. ● Collaborating with other service providers.
● Follow up with clients that have been referred to other agencies and those that have been housed.
4. Outreach Worker: 1 (8:00am to 5:00pm)
● Conduct outreach in the community to identify homeless individuals. ● Connect homeless individuals with shelter and cooling center services. ● Provide information about available resources and assistance.
5. Nightly Security Guard: 1 (7:00am to 3:00pm), 1 (3:00pm to 11:00pm), 1 (11:00pm to 7:00am) ● Ensure the safety and security of all clients and staff. ● Monitor access to the shelter and cooling center.
● Respond to emergencies, incidents and crisis intervention support as needed.
Client Leadership Program Duties
We will offer 5 leadership roles given to select individuals dedicated to our unique leadership empowerment program. These are clients eager to work with case management on a daily basis and are progressively moving forward to self sustainability. For their efforts and contribution, these individuals will be offered a guaranteed shelter bed while receiving supportive services as they work on becoming permanently housed. These positions will play a pivotal role in their job acquisition as it will be a monumental achievement they will be able to list on their resume.
1. Peer Support
● Represent the interests and concerns of clients.
● Participate in decision-making processes with staff, and assists in conflict resolution. ● Help oversee coordination of leadership roles.
● Point of contact for residents, addressing their concerns and ensuring community rules and guidelines are followed.
2. Kitchen Coordinator
● Responsible for managing the community kitchen and food resources. ● Plan and coordinate meal schedules, including communal meals or shared cooking resources.
● Works with local organizations like Bridge To Better, Find Food Bank, Food Now and other partners to secure collaboration.
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● Work with Restaurant partners to provide meals.
● Ensure food safety and cleanliness in the kitchen.
3. Building Maintenance and Groundskeeping Leader
● Supervise the maintenance and upkeep of common areas and outdoor spaces. ● Coordinates repairs and maintenance tasks, either by assigning them to residents or schedule and facilitate repair by third party.
● Maintain and supervise a schedule for routine maintenance.
4. Cleaning and Sanitation Supervisor
● Manages the cleanliness and sanitation of common areas, restrooms, showers and shared facilities.
● Organize cleaning schedules and ensure that cleaning supplies are readily available. ● Coordinate waste disposal and recycling efforts.
5. Donation Intake Coordinator
● Manage the intake and distribution of donated goods and resources. ● Maintain records of donations and ensure the needs of residents are met. ● Collaborate with local organizations and donors with volunteer assistance.
These leadership roles are indispensable for the seamless operation of ‘The HUB’, while fostering cooperation, sustainability and a shared sense of purpose. Each leader plays a vital role in maintaining the well-being and harmony of the access center, contributing to an environment that is supportive, collaborative and focused on the holistic needs of those we serve.
Our Reward System
We will create a positive reward system for homeless individuals participating in our shelter transitional programs. From our experience, we know that it can help boost their morale and provide tangible incentives as they work towards improving their circumstances. Here are some reward ideas that could be provided by community partners:
● Deposit Assistance: Initial financial cost for an apartment or room rental once they have acquired employment and are financially stable enough to maintain their independence once placed.
● Scholarships: Partnerships with local colleges, trade schools and online education platforms.
● Transportation: Free or discounted public transportation passes from Sunline Bus to help with commuting to/from job interviews, employment, and/or educational institutions. ● Dental Services: Partnerships with local dental service providers to assist with oral hygiene and tooth repair. This greatly increases confidence in a professional work environment.
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● Clothing For Interviews: Vouchers to organizations like Best Friends Closet and SouthWest Thrift Store, for professional attire for job interviews. ● Fitness and Recreation Passes: Memberships or passes to a local gym or community center to promote physical and mental well-being.
● Technology Access: Refurbished laptops, tablets, or smartphones to assist with job searches, education, and staying connected with support networks. ● Art and Cultural Experiences: Tickets to movies, museums, concerts, or sporting events, providing cultural enrichment and leisure activities.
● Childcare Support: Access to free or discounted childcare services, essential for parents attending job interviews, employment or educational courses. ● Recognition Events: Organize special events or ceremonies to recognize and celebrate the milestones and achievements of individuals in the program.
Data Collection and Reporting
Street Life Project is committed to implementing a robust system for data collection to monitor client progress. This data-driven approach will allow us to evaluate and enhance our services continuously, while providing insights into the needs of residents and facilitating informed decision-making. We are equally dedicated to financial transparency and will provide thorough reporting.
We will use various measurement tools and methodologies to assess the impact of the program and ensure accountability. Below are some measurement tools and methodologies utilized in our proposal:
1. Budget and Expenditure Tracking:
● Financial Reports: Maintain accurate financial records to track the allocation and expenditure of grant funds to ensure transparency and accountability.
2. Surveys:
● Gather and report in-depth qualitative data on the specific needs of clients in terms of housing, education, healthcare, rehab placement and other essential services. ● Intake & Exit Surveys: Administer surveys to individuals at intake and at time of exit to assess the impact of the services offered and gauge overall change in their situations, attitudes, and perceptions.
3. Outcome Metrics:
● Rehab Placements: Keep record of rehab placements and the results following their exit. ● Housing Stability Metrics: Track changes in participants' housing situations, including the number of those transitioning from homelessness to stable housing. ● Educational Attainment Metrics: Monitor improvements in education, such as school enrollment, attendance, and academic performance.
● Employment Metrics: Measure changes in participants' employment status, job skills, and income levels.
4. Health and Well-being Assessments:
● Mental Health Screenings: Administer mental health assessments to identify and address the mental health needs of clients.
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● Physical Health Assessments: Conduct health screenings to address medical needs and promote overall well-being.
5. Attendance and Participation Records:
● Program Attendance Logs: Maintain detailed records of participant attendance at program activities and sessions to measure engagement and commitment. ● Participation Surveys: Collect feedback on the relevance and effectiveness of program activities to assess participant satisfaction and engagement.
Regularly analyze and report on the collected data to measure the program's success and make informed decisions for future initiatives.
Implementation Plan
Our plan includes:
1. Conducting a comprehensive assessment of the current operations. ● Review Policies and Procedures: Examine the shelter’s existing policies, procedures, and guidelines to make any needed adjustments. This includes safety protocols, intake processes, and service delivery models. ● Evaluate Physical Facilities: Assess the condition and suitability of the physical facilities. Look at aspects like safety, capacity, ADA accessibility, sleeping arrangements, sanitation, and common areas.
● Develop Recommendations: Formulate actionable recommendations for improvement, based on the assessment findings.
2. Recruiting and training staff in line with our service principles and values. ● Orientation Program: Include a thorough orientation program for new hires that focuses on the organization's values and service principles. ● Ongoing Training Workshops: Conduct regular workshops that reinforce your service principles and values. These could include role-playing exercises, guest speakers, or case studies.
3. Upgrading facility amenities for improved client services. ● This would include the installation of a stove and the placement of a storage container with racks for donations.
4. Establishing a detailed data collection and analysis system.
Budget and Financial Management
Street Life Project proposes a budget that is both cost-effective and impactful. Our financial management strategy includes diverse funding streams, meticulous tracking of expenditures, and regular audits to ensure maximum transparency and accountability. 6 Item Number: 13.
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Community Engagement and Partnerships
Our approach is to foster strong community ties and partnerships with other organizations, healthcare providers, and government agencies. These collaborations will enrich our service offerings and strengthen the support network for our clients.
Community engagement and partnerships will include organizations such as We are United, Food Now, The Bridge to Better, The Ranch Recovery Center. The Bridge to Better received a grant from the Desert Healthcare to provide a Mobile Health Unit. Funding also includes a van to pick up homeless individuals on the street and in encampments and bring them to ‘The HUB’ to access services. To date, The Bridge to Better has an intake record of 103 homeless individuals that have accessed ‘The HUB’. Partnerships with other agencies that serve the homeless have been established and a collaborative approach is welcomed. (See Attachment 4 for more service industry partners)
Outcome and Impact Goals with Results Based Accountability ● Reduction in the Number of Homeless Individuals: Reduce the homeless population in Desert Hot Springs by 25% percent within 6 months.
● Decrease in Chronic Homelessness: Reduction in the number of individuals experiencing chronic homelessness by 20%, which is defined as being homeless for over a year, or experiencing multiple episodes of homelessness. We will attend COC meetings in which individual cases are discussed to ensure our clients in the HMIS system will be prioritized.
● Improvement in Employment Rates Among the Homeless: Our goal is to increase the employment rate among the homeless population, which can be a key factor in achieving and maintaining housing stability. We are expecting a minimum of 30% of our clients to gain employment.
● Reduction in Homelessness Among Specific Subpopulations: Target reductions in homelessness among veterans, seniors, youth, families, or those fleeing domestic violence situations. Our goal would be to reduce these categories entirely by utilizing our service partners.
● Reduction in Return to Homelessness: Decrease the rate at which individuals return to homelessness after being housed, confirming the stability and effectiveness of housing solutions.
Sustainability Strategy
We plan to sustain our efforts through continuous fundraising.
1. Diverse Funding Sources
● Develop a diversified funding base to reduce reliance on any single source. ● Target different types of funding, including:
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● Government Grants: Apply for county and state government grants. This includes the Riverside County Housing and Workforce Solutions and other potential sources of funding that become available.
● Other Grants Opportunities: Foundations, Indian Tribes and Corporate grants, including but not limited to the Desert Healthcare District, Berger Foundation, BigHorn Cares, Anderson Children’s Foundation, Allen Foundation, Mission Band Of Indians, etc.
● Individual Donations: Cultivate relationships with individual donors through direct appeals, fundraising events, and online campaigns. ● Corporate Sponsorships: Partner with businesses for financial support, in-kind donations, and employee engagement programs.
2. Community Engagement and Partnerships
● Build partnerships with local businesses, schools, and community organizations for joint fundraising efforts.
● Collaborate with other nonprofits for shared grant applications and resource pooling.
3. Donor Relations and Stewardship
● Develop a strong donor relations program, focusing on donor appreciation and regular communication about the shelter’s impact.
4. Grant Writing and Management
● Strengthen grant writing skills within the organization. ● Systematically identify and apply for relevant grants.
5. Marketing and Public Relations
● Use marketing and public relations to increase the shelter’s visibility and appeal to potential funders.
● Leverage social media, local media, and community events to showcase success stories and funding needs.
6. Financial Transparency
● Maintain financial transparency to build trust with current and future funders. ● Regularly publish financial reports and demonstrate efficient use of funds.
7. Impact Measurement
● Clearly measure and communicate the impact of the shelter’s services. ● Use success stories and outcome data to attract and retain funders.
By focusing on these areas we can develop a robust and sustainable funding strategy, ensuring our ability to meet the needs of the community effectively. 8 Item Number: 13.
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Conclusion
Street Life Project is committed to bringing a comprehensive and transformative approach to ‘The HUB’. We believe that our enhanced range of services and activities will significantly improve the lives of our clients, offering them the tools and support they need to regain control of their lives.
We look forward to discussing this proposal in further detail and forge a partnership that champions change, hope and a brighter future for our clients.
Thank you for considering Street Life Project for this significant responsibility. We are committed to making ‘The HUB’ a beacon of hope and a model facility for effective homelessness intervention.
Sincerely,
Christian Jelmberg
Founder & President
Street Life Project
Phone: 760-702-4944
39575 Washington Street, Ste 105
Palm Desert CA 92211
Attachments:
1. Proposed Budget and Financial Plan
2. Street Life Project's Background and Team Expertise
3. Success Stories and Testimonials from Street Life Project
4. Strategy for Community Engagement and Partnerships
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Attachment #1
Proposed Budget & Financial Plan
*Annual
10 Item Number: 13.
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Proposed Budget & Financial Plan
*Quarterly
11 Item Number: 13.
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Attachment #2
Street Life Project's Background and Team Expertise
Our Culture
The Street Life Project is a culture built on a foundation of love. A kind of love that transforms people and unites communities for one cause. That’s to go after the broken that are normally disregarded by society, and love them back to life.
Our Mission
Our mission is to provide hope to the hopeless, and inspire life change. We want the homeless to know that they are loved and have value. That no matter what hardship they are going through, life can get better. We want to be the support system they can count on through this difficult time by providing the help they will need to transform their lives. A life filled with hope & guided by faith. Street Life Project’s approach not only helps nourish the bodies and souls of those in need immediately, but also gives the ones that they help a desire to pay if forward to others.
Our Impact
For the past fifteen years, Street Life Project has been serving on the front-line and focuses on building relationships in the streets, under bridges, and in hidden camps throughout the Coachella Valley. Serving meals, clothing, hygiene and other needed resources allows us to form trusting friendships with those living in the streets, so that we can assist them with rehab, jobs, housing, etc. to help them get back on their feet. Our goal is to create working duplicable systems with proven results. We look forward to seeing the homeless count reduce as we continue to grow.
Outreach // Food, Prayer, and Life Coaching
We bless the homeless with a hot meal and water every week. We travel from camp to camp and go to places rarely ever seen by the general public. As we get more financial support, and food sponsors, we will continue to expand our reach. Isaiah 58:10 “Feed the hungry! Help those in trouble! Then your light will shine out from the darkness, and the darkness around you shall be as bright as day.”
Mentorship & Guidance // Inspiring Change
We get to know the homeless on a very personal level allowing us the ability to inspire change through genuine friendships. We evaluate ways to assist them in their transition into working society by customizing a plan that is specific to their needs. Our goal at Street Life Project is not just sustainability; it's providing them the tools and assistance they need to make a permanent life transformation.
Obtaining Benefits // Veteran, Senior, Social Security, Disability, ID Cards, Housing, etc.
We want to assist those that have earned financial stability but lack the means of navigating the processes to obtain financial security that could ultimately get them off the streets. This could be as simple as getting an identification card so someone can enter rehab. We are also connected 12 Item Number: 13.
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with HUD and the Continuum of Care in which we do onsite risk assessments/applications to qualify them for transitional housing or permanent supportive housing.
Rehab Placement // Getting Clean
We direct the homeless with addictions to the rehab centers that will fit their immediate needs.
We give instruction on acquiring placement and follow the process through detox and drug/alcohol counseling. Our goal is to have a plan of action upon their completion of the program, and smooth transition into sober living and transitional housing.
Emergency Shelter Placement // A Safe Place
It’s important that the homeless have a safe environment while they look for a job, so we assist in finding them a shelter. We network with emergency shelters and track the availability to open beds for immediate placement. We also know of existing
life skill programs that some shelters provide that may be a benefit to those we are helping.
Clothing // For job interviews and those in the streets We provide clothing and supplies to people that are going through the Street Life Project program. We also take clothing, blankets, and supplies out to the homeless camps.
Toiletries & Supplies // Self-worth
We provide essential supplies to those on the streets. It could be as simple as a tarp to protect them from the harsh weather or trash bags so they can keep their living environment clean. Also items for hygiene, like a toothbrush and toothpaste, soap, combs, toilet paper, shavers etc. We want to provide them with these items so they can feel good about themselves and keep them less susceptible from acquiring life-threatening diseases due to living in unsanitary conditions.
It's important that they feel self-worth so they can see themselves taking the next step.
Haircuts and Eye Glasses // Getting Cleaned Up
Looking clean cut is so important for self-confidence and job scouting. We have networked with hair stylists that donate their services. We also know of programs for acquiring glasses for the homeless as well, and assist them in this process.
Resume Building and Job Scouting // Inspiring Change
It’s imperative the homeless get a job so they can become self-sufficient. We assist them in putting together a professional resume and work on their interview skills, making sure they can respond correctly to most common interview questions. We then get them suited up and drive them to locations around the valley to drop off resumes. So far we have had a 100% placement with some acquiring two jobs. Permanent Housing Placement After someone has landed a job and has collected enough paychecks to cover housing expenses, we help find them a permanent residence. For some it’s an apartment and others it may be a room for rent. Once we find a place our team gets together and furnishes it with a bed, sofa, TV, toiletries, etc. We want them to feel special, and make it a joyous day of celebrating the first day of no longer being homeless.
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Church // Bringing the Homeless to Church
Every week we travel to the homeless camps to pick up around fifty homeless for church. So many people want to experience Sunday service and it's amazing the impact faith has on their life transformation. We have seen first hand how God can heal people from the inside out.
Online Development & Resources We are currently developing an online platform for expanding our outreach services to other locations throughout the United States. This includes all the tools and resources necessary for people that have existing outreaches, or those that would like to start their own in their community. Our goal is to make it more efficient in helping those off the streets and break down the barriers that oftentimes keep new outreaches from developing. We will function like the Facebook and Google of helping the homeless with an open source environment in which information on solutions is shared freely and volunteers can connect to individual projects in an interactive environment.
Video Documentaries // View at YouTube.com/TheStreetLifeProject Be inspired by life changing stories of people going through the Street Life Project program. In the beginning of someone’s journey we video their story, sharing what put them on the streets.
Then we continue to film their progress as they go through various stages of their life transformation. Our goal is to use video to change the negative perception of homelessness and to encourage community participation. We also share these video documentaries in the streets to inspire change in their peers.
Tiny Home Communities
Throughout the last eight years, we have been researching solutions across the globe. One of the solutions in which Seattle, Portland and Houston have gravitated towards is tiny home communities for the homeless. Street Life Project has not only done extensive online research but has physically toured many of these tiny home communities with a goal of finding the missing puzzle piece and a resolution to finally solving the homeless epidemic. We have taken data and information from other cities, which has taken them hundreds of millions of dollars in research and development to create, and we have formulated a plan taking the best of everything we’ve learned. With one goal in mind, we want to provide a home for every unsheltered homeless person in the Coachella Valley. Besides the humanitarian aspect of our plan, the impact will be felt in so many different ways. First of all, in every one of the communities that we toured, there was a reduction in crime. Those that once had the NIMBY (Not In My Own Backyard) philosophy always had a change of heart and overall perception of homelessness. Second of all, these communities provide a centralized location for service providers such as those working with the homeless that suffer from a mental illness and/or substance abuse. Tiny home communities fill the gap for those that don’t fit into the typical shelter model, being told when to go to bed, what time to wake up, and participating in group showers while abiding by all the typical rules that for some make it feel like prison. Let’s provide an environment of independence and inspire change through love and dignity. 14 Item Number: 13.
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Attachment #3
Success Stories and Testimonials from Street Life Project Michael
When we met Michael, he was living in the trees by a freeway. We could tell just how special Michael was the moment we met him. We asked him if he wanted help and he eagerly jumped at the opportunity. He now has a job at Target, lives in a casita, and supports his own living expenses. He had been through some hard times and all he needed was someone to provide guidance and love.
Maria
We met Maria on an outreach. One of our volunteers saw what a gentle, sweet soul she was and immediately offered her a place to stay until she was able to get on her feet. We got her new clothes, started working with her on her finances to save for permanent housing. We are so happy to see her transition off the streets and start a new life. 15 Item Number: 13.
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Bird
Bird has worked hard to get her sobriety and is now off the streets! She is excited about her new life, has joined the Street Life Project outreach team and is helping her friends get off the streets. She is also a public speaker and shares her testimony often. She will change many of her peers' lives with her influence and love!
Elizabeth
We met Elizabeth one night during outreach. She was living in a homeless camp and had just gotten out of rehab with nowhere to go. We provided her with a casita until she acquired a job, and had the financial ability to acquire her own place. Once she was housed she enrolled in school to pursue a degree and was able to get her kids back from CPS. She has remained drug free and continues to improve her life. We are so proud of her! For SLP Video Testimonials, visit:
https://drive.google.com/file/d/1B0Xbt0eOcYvVQdZz88mYgB9tX5HcVHPT/view?usp=shar e_link
16 Item Number: 13.
STREETLIFEPROJECT
Attachment #4
Strategy for Community Engagement and Partnerships
17 Item Number: 13.
THE HUB FINAL REPORT
Day Center
Unduplicated Day Center Clients Served 721
Total number of Day Center Clients
Served (Duplicated) 10566
Overnight Shelter
Unduplicated Overnight Shelter Clients 198
Total number of overnight shelter bed
nights (Duplicated) 6492
Wrap Around Services
Wraparound Unduplicated Clients Served 144
Total number of wraparound service
meetings (Duplicated) 733
Other Services
Issued Shower Services 8197
Number of Housing Plans
Developed/Referrals 73
Issued Bus Passes 579
Birth Certificates/CA ID Vouchers 55
New VI-SPADATs 29
Total Positive Placements (Clients
Housed) 18
Item Number: 13.
SR-24-262
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: Code & Cannabis Compliance
Prepared by: Frank Luckino, City Manager
Subject: Nuisance Abatement Adjustment
RECOMMENDATION:
Staff is recommending staff reduce the special assessment to $9,065, and waive the Administrative and penalties/interest totaling $28,606.03.
BACKGROUND:
The City of Desert Hot Springs with non-payment of code violations has one opportunity each year to place special assessments on property tax rolls for collection purposes. The subject property is 66785 Flora Avenue, Desert Hot Springs. HUD (Housing and Urban Development) has foreclosed on the property and is ready for resale. HUD requesting, we reduce our special assessments to actual costs and not penalties.
DISCUSSION:
A code compliance case regarding the property at 66785 Flora Ave. was opened on October 25, 2022, following a vehicle collision that caused structural damage to the garage. Since the case opened, six citations were issued, resulting in $35,000.00 in total fines. On February 8, 2024, a summary abatement was conducted to remove a significant accumulation of items, trash, and soiled clothing from the property's exterior and adequately secure the structure to prevent trespassers from re-entering the property. The cost of the summary abatement was $7,239.04, and a demand for payment was sent to the property owner via first-class mail on March 11, 2024.
FY 23/24 Assessment:
A total of $37,671.07 was assessed to the subject properties taxes in FY 23/24 as follows:
$25,800.00 for administrative citation numbers 29225D, 29289D, 29656D, 29057D & 29109D $7,239.04 for an abatement/board-up that occurred on 03/07/2024 $1,826.00 for Attorney Fees
$2,806.03 for non-payment penalties
FISCAL IMPACT:
If approved and accepted, the City will recover actual costs and NOT penalties and interest.
ENVIRONMENTAL ANALYSIS:
Item Number: 14.
SR-24-262
Not Applicable
OPTIONAL:
Negotiate further with HUD
Item Number: 14.
SR-24-229
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: December 12, 2024
Department: Community Development
Prepared by: Travis Clark, Community Development Director Subject: Contract to Provide Plan Review, Permitting, and Inspection Services by the Interwest Group to the City of Desert Hot Springs on an As-Needed Basis.
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with Interwest Group not to exceed $250,000 for a period of 5 years.
BACKGROUND:
Previously, the Interwest Group was a contractor with the City of Desert Hot Springs providing on-call Plan Review, Building Permitting, and Inspection Services on an as-needed basis. The contract with Interwest was originally approved in February, 2019 and expired in June, 2023. Given the increase in industrial construction within the City, staff believes it is prudent to have a back-up contractor, especially for inspection services in the event a resource is not available in-house or through existing consultants.
DISCUSSION:
This contract is to provide on-call Plan Review, Building Permitting, and Inspection Services on an asneeded basis. The City primarily uses Scott Fazekas and Associates (SFA) for building plan review services. SFA also provides part-time building official consulting services. Wildan Group currently provides plan review for solar systems only. Wildan also provides building inspection services on an as-needed basis to augment City staff. Generally, these resources are sufficient to cover the workload. However, from time to time, additional contract resources are necessary in the advent that a resource is not available from either SFA or Wildan, there is a staff vacancy, or there is a need for a specialty resource, such as a special inspector for tilt-up construction. The purpose of this contract is to build additional capacity in the Building Division for use as-needed when current resources are not available. The amount and term is up to Two Hundred and Fifty Thousand ($250,000) Dollars for a period of five (5) years.
FISCAL IMPACT:
These services, if needed, would be paid for through the fees collected at plan review and permitting for development projects within the City.
ATTACHMENTS:
1) Professional Services Agreement - Interwest Group
Item Number: 15.