BOS Standard Contract Page 1 of 55
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Office of Homeless Services
Department Contract Representative Marcus Dillard
Telephone Number 909-501-0610
Contractor
Contractor Representative
Telephone Number
Contract Term June 9, 2026 – June 30, 2028
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center 6210002901
Grant Number (if applicable)
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California Interagency Council on Homelessness, in partnership with the Department of Housing and Community Development within the Business, Consumer Services and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 5 (HHAP -5) Program authorized pursuant to Section 17 of Assembly Bill 129 (Chapter 40, Statutes of 2023; Health and Safety Code § 50230, et seq.), which was signed into law by Governor Gavin Newsom on July 10, 2023; and WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-5 as designated by the SBC CoC, the eligible recipient of HHAP-5 funding; and
WHEREAS, the County conducted a competitive process to find [insert legal name of Contractor] (Contractor) to provide these services, and
WHEREAS, the County finds Contractor qualified to provide [enter service]; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
Contract Number
SAP Number
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TABLE OF CONTENTS
SECTION PAGE
A. DEFINITIONS 3
B. CONTRACTOR RESPONSIBILITIES 6
C. GENERAL CONTRACT REQUIREMENTS 7
D. TERM OF CONTRACT 15
E. COUNTY RESPONSIBILITIES 15
F. FISCAL PROVISIONS 15
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS 16
H. RIGHT TO MONITOR AND AUDIT 19
I. CORRECTION OF PERFORMANCE DEFICIENCIES 19
J. NOTICES 19
K. ENTIRE AGREEMENT 20
L. ELECTRONIC SIGNATURES 20
ATTACHMENTS
EXHIBIT 1 – HHAP-5 AWARD BY CATEGORY
EXHIBIT 2 – FISCAL PROVISIONS
EXHIBIT 3 – SCOPE OF WORK
EXHIBIT 4 – HHAP MONTHLY EXPENDITURE REPORT CHECKLIST
EXHIBIT 5 – HMIS CLIENT DATA REPORT SAMPLE
EXHIBIT 6 – HMIS DATA QUALITY REPORT SAMPLE
EXHIBIT 7 –REQUEST FOR DISBURSEMENT FORM
EXHIBIT 8 – EXPENDITURE REPORT
EXHIBIT 9 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255 ATTACHMENT A Prevailing Wage (For Contractors doing construction)
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A. DEFINITIONS
A.1 Administrative Entity: A unit of general-purpose local government (city, county, or a city that is also a county) or nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) Continuum of Care (CoC) funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds.
A.2 Case Management: The coordination of community -based services by a professional team to ensure individuals receive quality support tailored to their unique setbacks or ongoing challenges, helping them progress toward stability and recovery. In addition, it can be defined as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet a client’s overall needs.
A.3 Reserved.
A.5 Contractor: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.
A.6 Coordinated Entry System (CES): The CES is a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisf y this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
A.7 Emergency Aid: Any urgent and immediate services, which include housing that will be provided to homeless individuals. Broad categories of uses include, but are not limited to, shelters, shelter beds, public toilets, shower facilities, tiny-shed homes, etc.
A.8 Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person as defined in subdivision (e) of Section 50801 of the Health and Safety Code.
A.9 General Service Area: The geographically defined area where a service entity provides outreach and direct services to homeless people.
A.10 Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019:
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated she lter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or (iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;
(2) An individual or family who will imminently lose their primary nighttime residence, provided that:
(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
(ii) No subsequent residence has been identified; and
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(iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing; (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act o f 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks, e.g., family, friends, and faith -based or other social networks, to obtain other permanent housing.
A.11 Homeless Management Information System (HMIS): A web-enabled database used by homeless service providers to capture information about the San Bernardino County persons they serve. The database tracks services provided to homeless individuals and families by the collaborative agencies. Services tracked include: emergency, transitional, and permanent housing bed usage, employment, veteran’s status, as well as referrals to health and human service providers, or other relevant supportive service agencies. As required by the U.S.
Department of Housing and Urban Development, the Continuum of Care utilizes the captured information to make informed decisions in planning, homeless advocacy, and policy development that result in target services. HMIS also includes that use of a comparable database by a victim services provider or legal services provider that is permitted under Part 576 of Title 24 of the Code of Federal Regulations.
A.12 Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting.
A.13 Housing First: has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
A.14 Housing Search and Placement: Services to assist clients to locate, secure, and navigate the rental market. Housing Search and Placement activities include, but are not limited to, unit identification, unit inspection, determining rent reasonableness, contracts, advocating for households, landlord/tenant mediation, and any other housing requirements.
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A.15 Navigation Center: A Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
A.16 Office of Homeless Services (OHS): The lead agency for the San Bernardino County Continuum of Care (SBC CoC). The SBC CoC coordinates services with the San Bernardino County Homeless Partnership consisting of community and faith -based organizations, educational institutions, non-profit organizations, private industry, and Federal, State and local governments. OHS is the Administrative Entity for the HUD Continuum of Care Homeless Assistance Grant, and serves as the coordinator and administrator for grant submissions to the State Homeless Coo rdinating Finance Council, with focused administrative effort to support people experiencing or at risk of homelessness and the connections to housing, supportive services, case management, and mainstream services to assist with housing stability and self-sufficiency. OHS now serves as the administrator of the Housing Homelessness Incentive Program contract, taking over this responsibility from the Community Development and Housing Department (CDH). OHS coordinates HHAP-5 services on behalf of the County an d oversees contractor performance, compliance, and reporting. OHS and County are used interchangeably in this Agreement.
A.17 Permanent Housing – A structure or set of structures with subsidized or unsubsidized rental housing units subject to applicable landlord-tenant law, with no limit on length of stay and no requirement to participate in supportive services as a condition of access to or continued occupancy in the housing. Permanent Housing includes Permanent Supportive Housing.
A.18 Permanent Supportive Housing (PSH): Low-barrier permanent housing with services. The type of services depends on the needs of the residents. Services may be short-term, sporadic, or ongoing indefinitely. PSH units are for individuals and families who are homeless or chronically homeless. PSH is housing combined with services, which may include mental health and health services, drug and alcohol treatment, education and job training.
A. 19 Personally Identifiable Information (PII) – Any representation of information that permits the identity of an individual to whom the information applies, to be reasonably inferred by either direct or indirect means.
A.20 Point-in-Time Count (PITC): means the most recently available point-in time count data as reflected in the Annual Homeless Assessment Report released by the United States Department of Housing and Urban Development.
A.21 Program: The Homeless Housing, Assistance, and Prevention Program Round 5, is a state- funded initiative designed to support local jurisdictions and community partners in addressing homelessness through coordinated, data-driven strategies.
A.22 Rapid Re-Housing (RRH): An intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Using the Housing First model, move families and individuals into permanent affordable housing as quickly as possible with minimal barriers, assist with move-in costs such as security and utility deposits and short-medium term declining rental subsidies, and provide intensive social services while families or individual’s stability and equip them with skills and resources they need to susta in and thrive in housing and avoid future homelessness.
A.23 San Bernardino City and County Continuum of Care (SBC CoC): The group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, Revised 10/17/2025 Page 6 of 55
social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to partici pate. Provides leadership in creating a comprehensive countywide network of service delivery to homeless individuals and families and those at-risk of becoming homeless.
A.24 San Bernardino City and County Continuum of Care (CoC) Service Providers: A network of Community Based Organization partnered with the SBC CoC to provide services to homeless individuals and families.
A.25 San Bernardino City and County Continuum of Care (SBC CoC) Board: The policy making body for the San Bernardino County Homeless Partnership. SBC CoC Board works to ensure that the recommendations listed in the County’s 10-Year Strategy to End Homelessness are realized. SBC CoC Membership is composed of elected officials, state and local representatives, community and faith-based organizations, and corporate advocates.
A.26 Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor, who is performing services on behalf of Contractor, under a separate contract with or on behalf of Contractor.
A.27 Target Population: Any person who is Homeless as defined in this Agreement.
A.28 Transitional Housing: A short-term, service-oriented housing program that provides temporary residential stability and intensive support to help people experiencing homelessness successfully transition into permanent housing.
A.29 United States Department of Housing and Urban Development (HUD): A Federal agency established in 1965, HUD’s mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships, particularly with faith -based and community organizations, that leverage resources and improve HUD’s ability to be effective on the community level.
A.30 Youth Set-Aside: The minimum requirement that at least 10% of HHAP 5 funds be used for housing and services that directly serve homeless youth ages 12 -24, including pregnant or parenting youth, in compliance with HHAP 5 eligible uses and reporting requirements.
B. CONTRACTOR RESPONSIBILITIES
B.1 The project description for services to be provided by Contractor under this Contract are identified in Exhibit 3 - SCOPE OF WORK.
B.2 Contractor shall be in compliance with all applicable Federal, State, and local laws, required to perform this Contract. Contractor shall be required to repay the County in the event of non - compliance with any applicable law if the County is required to repay any amount of funds to the State as a result of Contractor’s non-compliance.
B.3 Contractor and its Subcontractors shall perform the work in accordance with Federal, State and local housing and building codes, as applicable.
B.4 Contractor shall be responsible to accomplish the levels of performance as set forth in EXHIBIT 1 – HHAP-5 AWARD BY CATEGORY for the services outlined in EXHIBIT 2 – FISCAL PROVISIONS and report such measures quarterly to the County with each monthly expenditure report as directed in EXHIBIT 3 – SCOPE OF WORK . The County will review Contractor performance to assess expenditure and performance progress. If Contractor is not meeting Revised 10/17/2025 Page 7 of 55
expenditure and performance measures, the County will work with Contractor to identify strategies and remediate performance issues.
B.5 Contractor shall ensure that all staff, volunteers and/or Subcontractors performing Services under this Contract or receiving PII data as outlined in this contract, comply with the terms and conditions as set forth in the Human Services Information Privacy and Security Requirements specified at http://hss.sbcounty.gov/Privacy prior to providing any Services. Contractor shall immediately notify the County of any suspected or actual breach of confidential information as further detailed in the requirements. These requirements specified at http://hss.sbcounty.gov/Privacy are hereby incorporated by this reference.
B.6 Contractor’s obligation to the County shall not end until all closeout requirements are completed.
Activities during closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent funds, and accounts receivable to the County), and determining the custodianship of records.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.
C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney ’s fees directly arising from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact t heir ability to provide Services to the County ; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Cont ractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.
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C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of t he County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or ot her means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Chief of Homeless Services of his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Cont ractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract, unless otherwise delegated.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees Revised 10/17/2025 Page 9 of 55
or agents. Such repairs shall be made immediately after Contractor be comes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs inc urred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.
C. 14 Debarment and Suspension
Contractor certifies that neither it nor its principals o r subcontract ors is presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual ri ghts to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
C.15.1 Shall not be in any way impaired because of being und er the influence of alcohol or an illegal or controlled substance.
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C.15.3 Shall not sell, offer, or provi de alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment fro m same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor s hall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations an d policies Revised 10/17/2025 Page 10 of 55
relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11 -08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contra ct has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or mana ger charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
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Contractor shall ensure that it has all necessary licenses, perm its and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Cont ractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV –Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.29 Reserved
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain a cceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
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All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.
C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontr actor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provision s of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
36.3 Include in the subcontractor’s subcontract substantially simi lar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
C. 37 Subpoena
Revised 10/17/2025 Page 13 of 55
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County reserves the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.
Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue . If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or o ther ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, a ssistant department or Revised 10/17/2025 Page 14 of 55
group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract . The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.
C.44 Reserved
C.45 Reserved
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2 203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.
Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.
C.47 *if applicable Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes Revised 10/17/2025 Page 15 of 55
of this paragraph, ‘construction’ includes work performed during the design , site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, cla ssification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevail ing wage determinations are on file with the County and are available to any interested party on request.
Contractor shall post a copy of the applicable prevailing wage determinations at the job site.
C.48 Reserved
C. 49 Executive Order N-6-22 Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.
Termination shall be at the sole discretion of the County.
C.50 Reserved
C.51 Reserved
C.52 Reserved
C.53 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (FAR 52.203-18).
In compliance with Federal Acquisition Regulation 52.203 -18, Contractor shall not require employees or subcontractors of Contractor seeking to report waste, fraud, or abuse, to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. To the extent Contractor has required employees or subcontractors to sign internal confidentiality agreements or statements in the past, Contractor shall notify current employees and subcontractors that those prohibitions and restrictions are no longer in effect.
Contractor shall include this clause in all subcontracts.
C.54 Use of Biobased Products (FAR 52.223-1)
Revised 10/17/2025 Page 16 of 55
Contractor certifies that to the extent biobased products are purchased using Contract funds, Contractor shall comply with Federal Acquisition Regulation 52.223-1.
C.55 Service Contract Labor Standards (FAR 52.222-52, 52.222-53, 22.1003-4) To the extent applicable, Contractor agrees to comply with and to provide any information necessary for the County to comply with Federal Acquisition Regulations 52.222 -52, 52.222-53, and 22.1003-4.
C.56 Reserved
D. TERM OF CONTRACT
This Contract is effective as of June 9, 2026 and expires June 30, 2028, but may be terminated earlier in accordance with provisions of this Contract.
E. COUNTY RESPONSIBILITIES
E.1 OHS shall provide technical assistance to Contractor.
E.2 OHS shall participate in evaluating the progress of the overall program.
E.3 OHS shall monitor Contractor on a regular basis in regard to compliance with contractual requirements.
E.4 The County agrees to establish mutually satisfactory methods for the exchange of information as may be necessary, including information regarding participants enrolled or are involved in a program which is receiving HHAP 5 funding. The exchange of information is necessary to allow each party to perform its duties and functions under this agreement, and fulfill deliverables as outlined in Exhibit 4, HHAP Deliverable Checklist. Appropriate procedures must be adhered to, to ensure information is safeguarded from improper disclosure in accordance with applicable state and federal laws and regulations. No identifying information shall be disclosed by any pa rty for any purpose other than carrying out the disclosing party’s responsibilities under this agreement, except as may be otherwise required by law.
F. FISCAL PROVISIONS
F.1 The maximum amount of disbursement under this Contract shall not exceed $[ indicate total amount of Contract], as budgeted in EXHIBIT 1 – AWARD BY CATEGORY and shall be subject to availability of HHAP 5 funds to the County. The consideration to be paid to Contractor, as provided herein, shall be full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.
F.2 The Contractor shall submit itemized monthly invoices to the County, in arrears, in a format acceptable to the County, for services performed under this Contract. Invoices must be submitted within twenty (20) working days following the end of the month in which the services were provided. All invoices will be reviewed by the County for compliance with the terms of this Contract. The County will reconcile each invoice within thirty (30) working days of receipt, or within thirty (30) working days after resolution of any billing dispute.
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall Revised 10/17/2025 Page 17 of 55
only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under thi s Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim disbursement or payment from County for, or apply sums received from County with respect to th at portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8 -02 and 08-02SP1) when travel is pursuant to this Contract and for which disbursement is sought from the C ounty. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of t he existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunt eers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non -contributory with any insurance or self - insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage Revised 10/17/2025 Page 18 of 55
for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performan ce of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such chan ge is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be de emed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Revised 10/17/2025 Page 19 of 55
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or in dividuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000 ,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). Th e policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property d amage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
G.11.5 Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or
Revised 10/17/2025 Page 20 of 55
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be req uired for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.
If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the d ate of the state of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.
G.11.6 Reserved
G.11.7 Cyber Liability Insurance - Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.
G.11.8 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
H.2 Contractor shall maintain all records and books pertaining to the delivery of Services under the Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable re cords shall be considered grounds for withholding of payments for invoices submitted and/or termination of Contract.
H.3 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of five years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
Revised 10/17/2025 Page 21 of 55
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue disbursement to Contractor for and during the period in which Contractor is in breach, which disbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Office of Homeless Services
560 E Hospitality Lane, Suite 200
San Bernardino, CA 92415-0044
Contractor
Address
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
L. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
Revised 10/17/2025 Page 22 of 55
IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Template Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Suzanne Bryant, Deputy County Counsel
Date Date Date
SAN BERNARDINO COUNTY
(Print or type name of corporation, company, contractor, etc.) B
y
Marcus Dillard, Chief of Homeless Services (Authorized signature - sign in blue ink) Dated:
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address
Revised 10/17/2025 Page 23 of 55
EXHIBIT 1
HHAP-5 AWARD BY CATEGORY
Project Component Type
Funding Costs for
Population Focus
Eligible Use
Category
Description of
Services Cost Award /
Allocation Service Unit
Number
Expected to be
Served
Total Award
Revised 10/17/2025 Page 24 of 55
EXHIBIT 2
FISCAL PROVISIONS
A. Method, Time, and Conditions of Payment
CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed [insert amount]. Said funds shall be allocated pursuant to the Budget shown below.
Agency: [Insert Name]
Budget
June 9, 2026 through June 30, 2028
Eligible Use Category Award/Allocation Service Unit
Average Cost per
service unit
Total Award
Eligible Use Category Award/Allocation Service Unit
Average Cost per
Household
Total
Total Award
Note: The table above may be changed (without changing the Total amount) with prior written approval from OHS.
a. CONTRACTOR’s expenses will only be utilized for eligible costs. CONTRACTOR shall submit Expenditure Reports of eligible costs on a monthly basis no la ter than thirty (30) days after the end of each month in which the costs were incurred. Each claiming period shall consist of a calendar month. b. With each Expense Report of eligible costs, CONTRACTOR shall submit:
1. All general and approved activity for eligible expenses.
2. If the required supporting documentation is not provided, COUNTY may delay disbursements until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract.
3. The following items shall be submitted for Case Management and Service Coordination:
i. Cost allocation reports covering the month claimed for the HHAP-5 program.
4. The following must be submitted for employee wages and fringe benefits claimed:
i. Employee Time and Activity Logs for each employee that includes date work was performed, description of work, notes, eligible activity, hours worked for the day, total number of hours worked related to project worked and signed by employee and supervisor.
Revised 10/17/2025 Page 25 of 55
ii. Time sheet that details all hours worked, including holiday, vacation, sick and any other time charged to contract.
iii. Proof of direct deposit which includes employee’s full name, hourly rate, taxes, benefits, total amount that was deposited into the employee’s account.
iv. Payroll Registers for the pay periods included in the claim. v. Proof of payment for all fringe benefits premiums claimed for disbursement.
5. At least once per fiscal year provide:
vi. Worker’s Compensation Insurance rates for each class of employee charged to the program. vii. Fringe benefits premium rates with a breakdown of the employee and employer’s contributions. Contractor will not be compensated for the employee’s contribution to fringe benefits premiums (if applicable).
viii. Rate of employer’s contribution to employee retirement accounts (if applicable).
6. For all non-payroll related expenses submit copies of receipts, invoices, or bill expenses with disbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.
7. The following items shall be submitted for Rapid Rehousing and Rental Assistance:
ix. Submit copies of leases, rental assistance agreements, receipts, invoices, or bill expenses with disbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.
8. Travel expenses must be kept in a mileage log and have maps associated with each of the trips. The log should maintain a start and end vehicle mileage with the total number of miles traveled and for what purpose. All travel claimed must be associated with the HHAP-5 program.
d. All approved, complete reports submitted in a timely manner shall be processed/paid within thirty (30) calendar days.
e. All HHAP-5 funds shall be expended by the termination date of this Contract. f. Expenditure Deadlines:
Percentage of HHAP-5
Award That Must be
Expended
Milestone Deadlines
50% 364 Days after Execution of Contract
75% 183 Days Prior to the Expenditure Deadline
g. CONTRACTOR must expend:
1. No less than fifty percent (50%) of HHAP-5 funds by April 17, 2027.
2. One hundred percent (100%) of HHAP-5 funds by June 30, 2028.
Revised 10/17/2025 Page 26 of 55
3. “Expend” means all HHAP-5 funds obligated under this Contract or subcontracts have been fully paid and receipted, and no invoices remain outstanding.
Reports submitted by the CONTRACTOR will be used to ensure that CONTRACTOR is on track to expend fifty percent (50%) of HHAP-5 funds by April 17, 2027, and one hundred percent (100%) of HHAP-5 funds by June 30, 2028 . CONTRACTOR may submit a request to OHS prior to April 17, 2027, if CONTRACTOR is not on track to expend 50% of the HHAP -5 funds by April 17, 2027 , proposing an alternative expenditure rate to meet the June 30, 2028, 100% expenditure deadline with justification. The Chief of Homeless Services may approve, modify, or deny such request.
If, by December 31, 2027, CONTRACTOR has not submitted reports showing an expenditure of at least seventy five percent (75%) of the HHAP-5 funds, the remaining twenty five percent (25%) may be reallocated.
h. HHAP-5 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that CONTRACTOR has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award. i. All proceeds from any interest -bearing account established by the CONTRACTOR for the deposit of HHAP-5 funds must be used for HH AP-5 eligible activities. Documentation of all expend itures and accrued interest shall be reported on the forms provided by OHS (see EXHIBIT 8 – EXPENDITURE REPORT).
j. Any housing-related activities funded with HHAP-5 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
k. CONTRACTOR confirms that rental assistance will be issued directly to a property owner, or an agent authorized to act on behalf of a property owner.
l. For all programs and services for which there are sources of funds in addition to COUNTY funds as provided under this Contract, CONTRACTOR shall provide proof of such funding. CONTRACTOR must be able to account for the receipt, obligation and expenditure of funds.
1. The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. m. The COUNTY reserves the right to reduc e the Contract award when the COUNTY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with HHAP 5 eligible costs. Changes in the Contract award will be done after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s). n. CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) direct ly deposited into the CONTRACTOR’s designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
o. COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to the Contract.
P. Costs for services under the terms of this Contract shall be incurred during the contract period Revised 10/17/2025 Page 27 of 55
p. except as approved by C OUNTY. CONTRACTOR shall not use current year funds to pay prior or future year obligations. Disbursements to Contractor are Net 30. q. CONTRACTOR shall adhere to the C OUNTY’s Travel Management Policy (8 -02 and 08 -02SP1) when travel is pursuant to this Contract and for which disbursement is sought from the C OUNTY.
In addition, CONTRACTOR is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
A.1 Documentation of Costs and Other Financial Reporting a. CONTRACTOR will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures.
Costs shall be supported by properly executed payrolls, time records, inv oices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges. b. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract. Such records shall be made available for inspection upon reasonable request by the COUNTY during this retention period.
c. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of the CONTRACTOR as they relate to the Contract and the activities and services described herein.
CONTRACTOR shall also:
1. Maintain an effective system of internal fiscal control and accountability for all HH AP-5 funds and property acquired or improved with HH AP-5 funds, and make sure the same are used so lely for authorized purposes.
2. Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the CONTRACTOR’s accounting records.
3. Maintain payroll, financial, and expense disbursement records for a minimum period of five (5) years after the termination of this Contract.
4. Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary.
5. Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR anticipates will not be expended during the term of this Contract.
6. Repay the COUNTY any funds in its possession at the time of the termination of this Contract that may be due to the COUNTY (e.g., ineligible costs, unexpended funds, etc.).
A.2 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, department, or any p olitical subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner.
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b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with Federal, State, and COUNTY statutes, regulations, and terms and conditions of the Contract. c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that H HAP-5 funds were expended for eligible uses to benefit members of the Target Population.
e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s program budget (see EXHIBIT 1 – HHAP-5 AWARD BY CATEGORY). Contract funds shall not be used as security or to guarantee payments for any non -program obligations nor as loans for non -program activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities.
A.3 Ineligible Costs
a. HHAP-5 funds shall not be used for costs associated with activities in violation of any l aw or for any activities not consistent with the intent of HHAP-5 and the eligible uses identified in California Health and Safety Code Sections 50218 et seq.
b. The COUNTY or the State reserves the right to request additional information and clarificatio n to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If CONTRACTOR or its Sub contractors use HH AP-5 funds to pay for ineligible activities, Contractor shall be required to reimburse these fu nds to the COUNTY within thirty (30) days of the request.
1. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and will not be reimbursed to the CONTRACTOR by COUNTY.
2. The State, at its sol e and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-5 funds.
3. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HH AP-5 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing capacity will be lost as a result of these funds ending, HH AP-5 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one -time block g rant, such as Homeless Emergency Aid Program (HEAP) grant].
A.4 Withheld Payments
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any provision of this Contract.
A.5 Disallowance
a. If CONTRACTOR receives payment under this Contract which is later disallowed by COUNTY for nonconformance with this Contract, CONTRACTOR shall be required to promptly reimburse these funds to COUNTY and shall be prohibited from submitting to COUNTY disbursement requests for subsequent HHAP-5 funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to CONTRACTOR.
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If it is determined that a CONTRACTOR falsified any certification, RFA information, financial, or contract report, CONTRACTOR shall be required to reimburse the full amount of HHAP-5 award to COUNTY, and may CONTRACTOR be prohibited from any further participation in HHAP-5. COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).
A.6 Fiscal Accountability
a. CONTRACTOR agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for disbursement; and adhere to a ccounting standards established in 2 CFR Part 200.
b. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must develop an acc ounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.
A.7 Financial Management
a. Review, understanding, and certification that quarterly disbursement reports submitted to the COUNTY meet eligible expenses under HHAP-5 and State requirements. The COUNTY shall have no obligation to reimburse CONTRACTOR with any funds other than HH AP-5 funds the COUNTY receives from the State.
b. CONTRACTOR attests that by s ubmitting a monthly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-5 funding. CONTRACTOR shall be required to repay COUNTY for non-eligible expenditures that may inadvertently be processed by the COUNTY. c. Subsequent disbursements after the firs t disbursement, are dependent upon CONTRACTOR properly documenting the expenses/expenditure reports to cover the previous disbursement.
A.8 Budget Changes
a. CONTRACTOR agrees that no changes shall be made to CONTRACTOR’s HHAP-5 budget without first obtaining prior approval. No more than the amounts specified in EXHIBIT 1 – HHAP-5 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget su mmary. Any changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must be approved by the COUNTY and/or the State.
A.9 Budget Amendments
a. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the COUNTY. Any budget amendments must be requested by the CONTRACTOR in writing within 180 days of the contract expiration.
A.10 Equipment and Other Property
a. All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-5 funds received under the terms of this Contract which has a life expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the COUNTY when the Contract is terminated. Additional terms are as follows:
1. The purchase of any furniture or equipment which was not included in CONTRACTOR’s approved budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this Contract which are appropriate and directly related to CONTRACTOR’s services or activities under the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items Revised 10/17/2025 Page 30 of 55
purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from the COUNTY.
2. Before equipment purchases made by CONTRACTOR are approved by the COUNTY, CONTRACTOR must submit paid vendor re ceipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.
3. CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Con tract as part of the expenditures report for the month in which the equipment is purchased. CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a c ontrol system in place to prevent loss, damage, or theft. Equipment with cost exceeding COUNTY’s capitalization threshold of $5,000 must be depreciated.
4. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-5 funds.
5. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and shall at that time query the COUNTY as to requirements, including the manner and method in returning equipment to the COUNTY. Final disposition of such equipment shall be in accordance with instructions from the COUNTY.
A.11 Final Advance
Unless approved by OHS in writing, all final requests for disbursement of authorized HHAP-5 expenditures under this Grant must be submitted to OHS no later than December 31, 2027.
Revised 10/17/2025 Page 31 of 55
EXHIBIT 3
SCOPE OF WORK
A. GENERAL REQUIREMENTS
CONTRACTOR shall carry out the following responsibilities between June 9, 2026, to June 30, 2028:
A.1 Service Requirements
[Enter Service Requirements Here]
A.2 Project Detail
Project Component Type Services
Funding Costs
Population Focus
A.3 Presentation of Services
CONTRACTOR shall:
a. Provide effective administrative management of the budget, staffing, recording, and reporting portion of the Contract with the COUNTY. If administrative responsibilities are delegated to Subcontractors, the CONTRACTOR must ensure that any Subcontractor(s) possess the qualifications and capacity to perform all delegated responsibilities. Responsibilities include but are not limited to the following:
1. Designate the responsible position(s) in your organization for managing the funds allocated to this program.
2. Maximize the use of the allocated funds.
3. Ensure timely and accurate reporting.
4. Maintain appropriate staffing levels.
5. Ensure staff possess the qualification and capacity to perform responsibilities tied to the staff’s position.
6. Effectively communicate and monitor the program for its success.
7. Maintain communication between the CONTRACTOR and OHS.
8. Act quickly to identify and solve problems.
b. Ensure that all program sites are well maintained.
c. Provide one (1) or more staff will work with the participants to apply for available housing units.
The staff should work closely with any Housing Navigators working and collaborate with existing systems to ensure maximum utilization of services and reduce duplicative efforts. This includes, but is not limited to, assistance with all issues related to securing housing such as developing housing leads, identifying landlords willing to work with the population, creating suitable housing Revised 10/17/2025 Page 32 of 55
plans from available stock, working with landlords to develop positive relationships, assisti ng participants to be document ready for housing interviews, and assisting with transportation for housing search purposes. Staff will meet with property managers, coach residents to be successful when meeting with potential property managers and prepare t hem for moving into a unit. Staff may also work to develop shared housing options for residents. Staff will work in collaboration with the participant’s case manager to ensure both parties are aware of one another’s efforts and progress. Caseloads should b e limited to fifteen (15) participants at any given time.
d. Provide one (1) or more staff will assist the participants with linkage to supportive services if participants are not connected to supportive services in order to receive needed services. Staff will also assist with all housing search activities as described above. e. CONTRACTOR shall, at a minimum, provide the following staffing pattern expressed in Full-Time Equivalents (FTEs) continuously throughout the term of the Contract. One (1) FTE shall be equal to an average of forty (40) hours work per week.
PROGRAM FTEs
Case Manager (Enter Correct Title)
Total FTEs
f. CONTRACTOR shall maintain personnel files for each staff member, which will include, but not be limited to, an application for employment, qualifications for the position, documentation of bicultural/bilingual capabilities (if applicable), pay rate and evaluations justifying pay increases.
B. PROGRAM REQUIREMENTS
Contractor shall adhere to the following:
B.1 Coordinated Entry System (CES)
a. The CES is a referral process that currently coordinates with the SBC CoC. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS).
b. CONTRACTOR must notify the CES within 10 days of award of the HHAP-5 funding by utilizing the online 211 Registration form located at: 211 Registration Form (wufoo.com) c. CONTRACTOR must work in collaboration with CES and SBC CoC to ensure the screening, assessment, and referral of HHAP-5 participants are consistent with the eligible uses under HHAP-5.
d. CONTRACTOR agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by Contractor to CES for assessment and prioritization within seventy -two (72) hours. CONTRACTOR understands that individuals and/or families may not be referred to CONTRACTOR and may be referred to another service provider based upon the CES assessment.
B.2 Data Reporting
a. CONTRACTOR will submit to OHS detailed reports containing information listed in EXHIBIT 3 – SCOPE OF WORK, Section C.
b. A report will be due forty -five (45) days after the date of expiration of this Contract or upon completion of Contract services. Reports should be submitted via File Transfer Program (FTP).
Revised 10/17/2025 Page 33 of 55
c. CONTRACTOR shall submit additional reports as required by the State or COUNTY.
B.3 Monitoring
a. The COUNTY has the right to monitor the Contract during the Contract period to ensure accuracy of expenditure reports and compliance with applicable laws and regulations. b. CONTRACTOR agrees to furnish duly authorized representatives from the COUNTY and the State access to all financial records necessary to review or audit Contract services and to evaluate the cost, quality, and appropriateness of services.
c. If the State o r the COUNTY determines that all, or any part of, the payments made by the COUNTY to CONTRACTOR pursuant hereto are not eligible expenses in accordance with this Contract, said funds will be repaid by CONTRACTOR to the COUNTY. In the event such payment is not made on demand, the COUNTY may withhold future disbursements to CONTRACTOR until such disallowances are paid by CONTRACTOR. If disallowable expenses are not reimbursed within thirty (30) days of demand, the Contract will terminate without consultation at the COUNTY’s sole and absolute discretion.
d. If there is a conflict between a State audit of this Contract and a COUNTY audit of this Contract, the State audit shall take precedence.
B.4 Closeout
a. CONTRACTOR shall submit a closeout report including a narrative of the project outcomes, an inventory of all equipment and property acquired or improved by HHAP-5 funds, and a final financial report, upon termination or completion of the services specified in this Contract. b. CONTRACTOR agrees to adhere to and comply with all the closeout procedures detailed below; including, but not limited to the following:
1. Disposition of program assets shall be determined by the COUNTY when the Contract is terminated.
2. CONTRACTOR shall submit within forty-five (45) days after the date of expiration of this Contract, all financial, performance, and other reports required by this Contract; and in addition, will cooperate in a program audit by the COUNTY.
3. Any unobligated/unexpended funds disbursed in advance to CONTRACTOR shall be returned to the COUNTY within thirty (30) days after the expiration of the Contract term, or in accordance with Section Exhibit 2, Section A.1 , whichever occurs first. This obligation shall survive the termination of the Contract.
4. CONTRACTOR must account for any real and personal property acquired with HHAP-5 funds.
5. Closeout will remain pending until all requirements are met and all outstanding issues with the CONTRACTOR have been resolved to the satisfaction of the COUNTY.
B.5 Homeless Management Information System
The HMIS is a local database application used to collect client -level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the COUNTY.
CONTRACTOR must ensure that data on all persons served are entered into the countywide HMIS. HMIS is managed and operated by OHS. HMIS technical and data standards are set forth in the Final 2024 HMIS Data Standards, on file with OHS.
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a. CONTRACTOR shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the CONTRACTOR agrees to share HMIS data with other HHAP-5 funded agencies, unless prohibited by law.
b. CONTRACTOR is required to work with OHS staff to ensure the timely and accurate set -up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to CONTRACTOR’s program. CONTRACTOR’s program profile must be setup prior to CONTRACTOR submitting their first HHAP-5 disbursement request (see EXHIBIT 7 – HHAP-5 EXPENDITURES AND REQUEST FOR DISBURSEMENT FORM). c. CONTRACTOR shall submit a copy of HMIS reports (see EXHIBIT 5 – HMIS CLIENT DATA REPORT SAMPLE) with the quarterly disbursement reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the CONTRACTOR is using a comparable database shall be delivered to the COUNTY. The contact information for the "HMIS Lead Agency" is:
Christopher Salazar, HMIS Lead
San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln., Ste. 200
San Bernardino CA 92415-0044
[email protected]
Phone: 909-501-0610
d. CONTRACTOR must ensure all required data elements, as listed below, are entered into the HMIS system for HHAP-5 participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Contract. CONTRACTOR will be notified by OHS, and i f not rectified, the Contract may be terminated at the COUNTY’s sole and absolute discretion. e. In addition to the timely entry of HMIS data, CONTRACTOR is required to enter accurate and complete data. The COUNTY will ensure CONTRACTOR adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered:
1. Client Demographic Data
i. Name
ii. Social Security Number
iii. Date of Birth
iv. Race
v. Ethnicity
vi. Gender
vii. Veteran Status
2. Universal Data
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i. Disabling Condition
ii. Project Start Date
iii. Project Exit Date
iv. Destination
v. Relationship to Head of Household
vi. Client Location
vii. Housing Move-in Date
viii. Living Situation
3. Common Program Specific Data Elements
i. Income and Sources
ii. Non-Cash Benefits
iii. Health Insurance
iv. Disability Elements
v. Physical Disability
vi. Developmental Disability
vii. Chronic Health Condition
viii. HIV/AIDS
ix. Mental Health Problem
x. Substance Abuse
xi. Domestic Violence
xii. Contact
xiii. Date of Engagement
xiv. Bed-Night Date
xv. Housing Assessment Disposition
4. Data Timeliness
i. Entry Timeliness
ii. Exit Timeliness
f. According to Data Quality Standards, CONTRACTOR is required to have a five-percent (5%) or less error rate to ensure data accuracy and less than a five -day lapse in timeliness for entry of data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on CONTRACTOR’s HMIS Data Quality Report Revised 10/17/2025 Page 36 of 55
f. Sample (see EXHIBIT 6 – HMIS DATA QUALITY REPORT) . The report will be generated by CONTRACTOR and submitted quarterly with expenditure reports. OHS will review reports and data deficienci es, if any, will be identified and discussed with CONTRACTOR to determine methods to remediate and/or improve data quality scores. g. If CONTRACTOR continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, COUNTY may terminate Contract as set forth in Section I - CORRECTION OF PERFORMANCE DEFICIENCIES. h. CONTRACTOR agrees to provide the COUNTY and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment.
B.6 Housing First
The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness. HHAP-5 projects must align and comply with the core components of Housing First as defined in California Welfare and Institutions Code Section 8255(b) (see Exhibit 9 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255).
B.7 Program Participant Eligibility
CONTRACTOR shall ensure that:
a. HHAP-5 participants meet the Homeless definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019:
1. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
i. An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
ii. An individual or family living in a supervised publicly or privately -operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitabl e organizations or by Federal, State and local government programs for low-income individuals); or iii. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
2. An individual or family who will imminently lose their primary nighttime residence, provided that:
i. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
ii. No subsequent residence has been identified; and
iii. The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing; Revised 10/17/2025 Page 37 of 55
3. Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
i. Are defined as homeless under Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), Section 637 of the Head Start Act (42 U.S.C. 9832), Section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), Section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), Section 17(b) o f the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or Section 725 of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11434a);
ii. Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days imm ediately preceding the date of application for homeless assistance;
iii. Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and iv. Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a chil d or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
4. Any individual or family who:
i. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; ii. Has no other residence; and
iii. Lacks the resources or support networks, e.g., family, friends, and faith -based or other social networks, to obtain other permanent housing.
b. HHAP-5 participants are referred by CES to CONTRACTOR. c. CONTRACTOR coordinates program enrollment and services in collaboration with CES.
B.8 Job Training and Employment
CONTRACTOR agrees to refer HHAP-5 clients that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD). Number of participants who have been referred to WDD will be reported on a quarterly basis by CONTRACTOR.
B.9 Staffing Requirements
CONTRACTOR shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First mode l (e.g. Case managers, Clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists). CONTRACTOR must have the readiness capacity to immediately perform and administer homeless efforts through HHAP-5 funding.
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B.10 Non-Discrimination Requirements
CONTRACTOR and its subcontractors shall not deny the HHAP-5 contract’s benefits to any Person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONTRACTOR shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. CONTRACTOR and Subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
CONTRACTOR shall permit access by representatives of the Civil Rights Department and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. CONTRACTOR and its Subcontractors shall gi ve written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) C. HHAP-5 REPORTING REQUIREMENTS
C.1 Detailed reports
a. CONTRACTOR shall submit reports containing, at minimum, the following information:
1. Amount awarded to CONTRACTOR with activity(ies) identified.
2. Contract expenditures.
3. Unduplicated number of homeless persons and households served by HHAP-5 funds.
4. Unduplicated number of persons and households at imminent risk of homelessness served by HHAP-5 funds.
5. Number of instances of service.
6. Increases in capacity for new and existing programs.
7. Number of unsheltered homeless persons and homeless households becoming sheltered.
8. Number of homeless persons and homeless households entering permanent housing.
9. Number of homeless persons and households successfully exited from HHAP-5 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-5.
10. Number of persons and households at imminent risk of homelessness successfully exited from HHAP-5 (i.e., in permanent housing) that remain in permanent housing 12 months post -exit from HHAP-5.
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C.2 Reporting Breakdown by Activity
a. CONTRACTOR will provide reports with a breakdown for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re - housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development (HUD):
1. Chronically homeless
2. Homeless veterans
3. Unaccompanied homeless youth
4. Homeless persons in families with children
Note: Counts by subpopulation will not be required in cases where that information is unavailable but is expected in cases where client information is entered in the Homeless Management Information System (HMIS).
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EXHIBIT 4
HHAP MONTHLY EXPENDITURE REPORT CHECKLIST
I. General HHAP Eligible Cost
☐ 1. Staff Salaries and Benefits
☐Payroll Calculation Worksheet for HHAP
o ☐Showing all calculations charged for HHAP and supports the amount specified in the expenditure report. ☐Paystub / Payroll Summary
☐Timesheet and Time Activity report indicating staff performed HHAP eligible activity o ☐Timesheet / Time Activity report must include:
☐Employee Name
☐Job title/position and description
☐Time Period Covered
☐Start and end dates for the reporting period (e.g., weekly, bi-weekly, or monthly) ☐Daily Time Entries
☐Time worked each day (in hours)
☐Specific start and end times (optional but recommended for accuracy) ☐Task/Activity Details
☐Description of the work performed, or tasks completed ☐Allocation of time to specific programs or activities o ☐If the employee’s time is split between multiple funding sources or programs, clearly indicate the percentage or hours allocated to each program. ☐Use a percentage breakdown or specific hours (e.g., 50% HHAP 1, 25% ESG, 25% HHAP 2)
☐ Use a percentage breakdown for each category of HHAP ☐Certification and Approval
☐Employee signature and date, certifying the accuracy of the time reported. ☐Supervisor or manager signature and date, approving and verifying the report. ☐Employee Benefits
o ☐Employer paid benefits such as Health Insurance (Medical, Dental, Vision), Social Security and Medicare Contributions, Retirement Plans and Pension Contributions, Workers’ Compensation Insurance, Paid Leave (Vacation, Sick, Holiday), Life and Disability Insurance, Fringe Benefits etc. ☐Proof of employer contributions (invoices, payroll deductions) ☐Bank Statement that the benefits are paid.
☐Proof of payment that the salary is paid
o ☐If paystub is printed using the providers payroll system, this is acceptable as proof of payment.
☐ 2. Insurance
☐ Invoice or premium billing statement or official receipt from the insurance provider showing the amount paid, date, and coverage period.
☐ Proof of payment that the insurance is paid.
☐ 3. Mileage log (approved and signed)
☐ Start and End Odometer
☐ Activity / Purpose
☐ Total Mileage
☐ Destination
☐ Map
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HHAP MONTHLY EXPENDITURE REPORT CHECKLIST
☐ 4. Eligible Use (HHAP Categories)
a. Rapid Rehousing (RRH)
☐ Complete and signed lease agreement between tenant and landlord including the copies of addendum house ins
☐ Rental Assistance agreement - a contract between a service provider (like a nonprofit or government agency) and a landlord. It outlines how rent payments will be made on behalf of a tenant who needs housing support. The agreement specifies the payment amount, duration, and responsibilities of both the landlord and the service provider to ensure the tenant can stay in the rental unit. ☐ Client eligibility documentation (Literally Homeless) ☐ Proof of Payment (Please see Section I item 6)
b. Prevention and Shelter Diversion
☐ Client eligibility documentation (risk of homelessness) ☐ Eviction Notice / Disconnection notice for utility bills ☐ Rental Assistance agreement - a contract between a service provider (like a nonprofit or government agency) and a landlord. It outlines how rent payments will be made on behalf of a tenant who needs housing support. The agreement specifies the payment amount, duration, and responsibilities of both the landlord and the service provider to ensure the tenant can stay in the rental unit. ☐ Proof of Payment (Please see Section I item 6)
c. Operating Subsidies
☐ Operating expense is aligned with the scope of work in the contract. ☐ Monthly expense reports / General Ledger (utilities, maintenance costs, operating expense) ☐ Invoices / receipts
☐ Proof of Payment (Please see Section I item 6)
d. Street Outreach
☐ Log of street outreach activities (date, location, staff involved) ☐ Intake forms for clients engaged
☐ Expense receipts for supplies and transportation (e.g., fuel, public transport) ☐ Proof of Payment (Please see Section I item 6)
e. Service Coordination
☐ Client intake and assessment forms
☐ Documentation of services provided (case notes, service plans) ☐ Receipts for any client-related expenses (transport, supplies) ☐ TARs for coordinators and case managers
☐ Salary and benefits documentation for service coordination staff ☐ Proof of Payment (Please see Section I item 6)
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HHAP MONTHLY EXPENDITURE REPORT CHECKLIST
f. Systems Support
☐ Proof of system implementation (software invoices, maintenance records) ☐ Invoices and payment proof for administrative expenses ☐ TARs for staff managing the system or providing oversight g. Permanent Housing
☐ Complete and signed lease agreement between tenant and landlord including the copies of addendum house ins
☐ Rental Assistance agreement - a contract between a service provider (like a nonprofit or government agency) and a landlord. It outlines how rent payments will be made on behalf of a tenant who needs housing support. The agreement specifies the payment amount, duration, and responsibilities of both the landlord and the service provider to ensure the tenant can stay in the rental unit. ☐ Client eligibility documentation (Literally Homeless) ☐ Lease agreements for clients housed under permanent housing ☐ Assessment forms
☐ Payment records for rent, utilities, and other housing expenses ☐ Staff involved in Permanent Housing (please see section II item 1. ☐ Proof of Payment (Please see Section I item 6)
h. Interim Sheltering
☐ Client intake forms and eligibility documentation
☐ Shelter occupancy logs and proof of client stay
☐ Invoice and proof of payment (Please see Section I item 6) ☐ Staff involved in Interim Sheltering (please see section II item 1.
i. Emergency Shelters
☐ Client intake and assessment forms
☐ Occupancy records showing duration of client stay
☐ Invoice and proof of payment (Please see Section I item 6) ☐ Staff involved in Emergency Shelter (please see section II item 1).
j. Homelessness Youth Set Aside
☐ Client intake and assessment forms
☐ Occupancy records showing duration of client stay
☐ Invoice and proof of payment (Please see Section I item 6) ☐ Staff involved in Homelessness Youth Set Aside (please see section II item 1
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EXHIBIT 5
HMIS CLIENT DATA REPORT SAMPLE
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EXHIBIT 6
HMIS DATA QUALITY REPORT SAMPLE
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EXHIBIT 7
DISBURSEMENT REQUEST
EXHIBIT 8
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EXPENDITURE REPORT
EXHIBIT 9
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CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255
State of California
WELFARE AND INSTITUTIONS CODE
Section 8255
8255.
For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257.
(b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come- first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal
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(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment.
(B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options.
Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.
(f) “Council staff” means the individuals who work for the California Interagency Council on Homelessness and who are overseen by the executive officer of the California Interagency Council on Homelessness.
(g) “Executive council” means the California Interagency Executive Council on Homelessness created pursuant to Section 8257 and consisting of the members identified in subdivision (c) of Section 8257.
(Effective July 5, 2025)
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ATTACHMENT A
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:
1. Determination of Prevailing Rates:
Pursuant to California Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also a vailable online at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm . The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors:
Pursuant to the provisions of Labor Code section s 1777.1 and 1771.1(o), the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at https://www.dir.ca.gov/dlse/debar.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.
5. Payroll Records:
a. Pursuant to Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, ad dress, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requir ements of the Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnis hed upon request to the County and the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by th e public shall be made through Revised 10/17/2025 Page 51 of 55
either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor; iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall ha ve ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from progress payments then due to the Contractor. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. c. At least monthly (at least once every 30 days), the Contractor and all subcontractors must submit electronic certified payroll records online to the Labor Commissioner, in a format prescribed by the Labor Commissioner. The County reserves the right to require Contractor and all subcontractors to submit certified payroll to the Labor Commissioner more frequently than monthly. i. A contractor or subcontractor who fails to furnish electronic certified payroll records to the Labor Commissioner as required by Labor Code section 1771.4 , is subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per day , until such payroll records are furnished, not to exceed a total penalty of five thousand dollars ($5,000) per project. ii. This requirement does not apply to public works p rojects $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work. However, the Contractor must still keep accurate certified payroll records and retain those records, as specified in Labor Code section 1776, for at least three years after completion of the work.
6. Limits on Hours of Work:
Pursuant to Labor Code section 1810, eight (8) hours of labor shall constitute a le gal day's work. Pursuant to Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of ei ght (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of twenty -five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than ei ght (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one -half (1½) times the basic rate o f pay for all hours worked in excess of eight (8) hours per day.
8. Jobsite Notices
This project is subject to compliance, monitoring, and enforcement by the DIR. As required by the DIR, Contractor is required to post jobsite notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.
9. Registration with the DIR (Labor Code section 1725.5) a. Contractor must be registered with the DIR to bid or submit a proposal on this project, unless the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works pro ject is $15,000 or less when the project is for maintenance work. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from t his requirement for bid purposes only as allowed under Labor Code sections 1771.1(a) and 1725.5(f).
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i. An inadvertent error in listing a subcontractor who is not registered pursuant to Labor Code section 1725.5 in a bid proposal shall not be grounds for fili ng a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
1) The subcontractor is registered prior to the bid opening. 2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee.
3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
b. Contractor must be registered with the DIR (unless an exception applies) to be awarded a contract or perform any work on this project. No contractor or subcontractor may be awarded a contract for a public work project or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 (unless an exception applies).
i. A contract entered into with any contractor or subcontractor in violation Labor Code section 1725.5 shall be subject to cancellation.
ii. If the Labor Commissioner determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with Labor Code section 1771.1 , the contractor or subcontractor is subject to civil penalties of one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to excee d an aggregate penalty of eight thousand dollars ($8,000) , payable to the state. Contractor may also be subject to additional penalties, up to an additional $10,000, for entering into a contract with an unregistered subcontractor. iii. Where a contractor or su bcontractor engages in the performance of any public work contract without having been registered with the DIR, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or subcontractor on all public work s until they are registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work. Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner shall be paid at their regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days. Failure of a contractor or subcontractor to observe a stop order issued and served upon them is guilty of a misdemeanor punishable by imprisonment in county jail up to 60 days or by a fine of up to ten thousand dollars ($10,000), or both. c. To qualify for registration with the DIR, Contractor must meet all requirements listed in Labor Code Section 1725.5.
d. Registration with the DIR is not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation, or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable trades or crafts (denoted with “#” symbol next to craft name in DIR Prevailing Wage Det ermination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS -140) to the appropriate apprenticeship committees; (2) pay training contributions for each apprenticeable hour employed on the Contract to either the local training fund or the California Apprenticeship Council ; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hou rs by completion of Contract work (unless an exe mption is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices. b. Any apprentices employed to perform any of the Scope of Work shall be paid the prevailing rate of per diem wages for apprentices in the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Unless otherwise provided by a collective bargaining agreement, when the Contractor requests the dispatch of an apprentice to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a c ondition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, Contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. c. Only apprentices, as defined in Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under Labor Code sections 3070 et seq. are eligible to Revised 10/17/2025 Page 53 of 55
be em ployed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training, or the rules and regulations of the California Apprenticeship Council.
2. Compliance with Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS -140) to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted must include the contractor's name, address, telephone number and state license number; the full name and address of the public w ork awarding body; the exact location of the public work site; the date of the contract award; an estimate of journeyman hours to be performed under the contract; the number of apprentices proposed to be employed; and the approximate dates the apprentices would be employed. b. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project. c. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project— it is not a request for the dispatch of an apprentice (to do this use DAS Form 142). d. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work.
e. Contractors who are already approved to train apprentices (i.e. check “Box 1” on the DAS -140) shall only be required to submit the form to their approved program. f. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS -140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
g. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft or trade must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman, not including overtime hours . If Contractor has agreed to be covered by an apprenticeship program's standards , Contractor must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards , which cannot be less than the 1 to 5 ratio required above.
ii. Contractor must attempt, to the greatest extent possible, to employ apprentices during the same time period that the journeyman in the same craft or trade are employed at the jobsite. This ratio shall be met prior to the Contractor’s completion of work on the projec t. “Apprenticeable” crafts or trades are denoted with a pound symbol “#” in front of the craft or trade name on the prevailing wage determination.
iii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iv. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice. v. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
vi. Contractor should maintain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vii. Apprentices employed to fulfill the requirements of Labor Code section 1777.5 must be registered apprentices who are training under apprenticeship standards that include the work processes that the Contractor will perform on the project. Where a Contractor employs apprentices under the rules and regulations of the California Apprenticeship Council, apprentices must, at all times work under the direct supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). h. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts or trades on public works projects, must make training fund contributions to the California Apprenticeship Council, in the amount established by the Director of the Department of Industrial Relations as the prevailing amount for apprenticeship training contributions in the area of the public works site. ii. Contractors may use the “CAC-2” form for submittal of their training fund contributions. iii. Contractors may take as a credit for payments to the Council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project.
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iv. Training fund contributions are due and payable on the 15th day of the month for work performed during the preceding month.
i. Submit a Verified Statement within 60 Days of Conclusion of Work Under the Contract i. Each contractor and subcontractor must submit a verified statement of the journeyman and apprentice hours performed on the contract, which information shall be public and retained by the apprenticeship programs for 12 months.
3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS -142, make training fund contributions, or utilize apprentices:
i. Contractors performing in non -apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. ii. When the Contractor has a direct contract with the public agency that is under $30,000. iii. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a stat e agency in which case the apprenticeship requirements apply).
iv. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720 et seq.
4. Exemption from Apprenticeship Ratios:
a. The Administrator of Apprenticeship may grant a certificate exempting the Contractor from the 1 -to-5 ratio set forth in this Section if Contractor can show that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen b. An apprenticeship program has the discretion to grant a certificate to a participating contractor or contractor association which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three -month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1 -to-5 in relation to journeymen; or
iii. There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or
iv. Assignment of an apprentice to any work performed under the Contract documents would create a condition which would jeopardize such apprentice's life o r the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. c. When an exemption from subsection b. above is granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.
5. Contractor’s Compliance:
a. The responsibility for compliance with this Section for all apprenticeable trades or crafts is solely and exclusively that of the Contractor. Violations of Labor Code section 1777.5 are subject to penalties pursuant to Labor Code section 1777.7, as determined by the Labor Commissioner.
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ANTI- LOBBYING CERITIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agenc y, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under g rants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
5. The Contractor, _______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
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Signature of Contractor’s Authorized Official
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Name and Title of Contractor’s Authorized Official
_____________________
Date