RESOLUTION NO. 2023-071
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20494
(SUBDIVISION 21-12) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 9.9
ACRES INTO 95 SINGLE-FAMILY RESIDENTIAL LOTS
AND NINE (9) LETTERED LOTS FOR COMMON
FACILITY IMPROVEMENTS LOCATED ON THE SOUTH
SIDE OF W. HIGHLAND AVENUE, APPROXIMATELY 600
FEET WEST OF N. MEDICAL CENTER DRIVE;
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF THE SUBDIVISION
IMPROVEMENTS.
WHEREAS, on July 20, 2022 the Mayor and City Council of the City of San Bernardino adopted Resolution 2022-160 for approving Subdivision 21-12 and Tentative Tract Map 20494, and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20494 with conditions of approval, and has analyzed the Final Map for Tract No. 20494 in order to ensure consistency between the approved Tentative Tract Map 20494 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 20494 has been found to be in substantial conformance with the approved Tentative Tract Map 20494, and WHEREAS, the Mayor and City Council find that proposed Tract Map 20494, located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive within the Residential Low (RL) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino herby authorize the City Manager to execute the standard form Subdivision Improvement Agreement with Warmington Highland Village Associates, LP. attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are specifically described and shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.
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Resolution No. 2023-071
Resolution 2023-071
May 17, 2023
SECTION 3. A Mitigated Negative Declaration was adopted with the approval of Subdivision 21-12 (Tentative Tract Map 20494) on July 20, 2022. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 21-12 (Tentative Tract map 20494) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act.
SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-071
Resolution 2023-071
May 17, 2023
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-071, adopted at a regular meeting held on the 17th day of May, 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 17th day of May, 2023.
Genoveva Rocha, CMC, City Clerk
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NO. 9455
D
AVID W. KROMMENHOE
K
P
R
OFESSIONA L LA ND SURV EY
O
R
STA T E OF CA LIFORNIA
Packet Pg. 360
LOT "F"
1 2
3 4
5 13121110
9 8
7 6232221 201918171615 14
24 25
26 27
28 29
30 31
32 35
36 37
38 39
40 41
42 43
44 45 67
66 65
64 63
62 61
60 59
58 57
46 47
48 49
50 51
52 53
54 55
56 80
81 82
83 84
85 91
92 93
94 95 86 87888990 7273747576777879 6869 7071 3334
LOT "H"
LOT "I" LOT "C" LOT "E"
LOT "A" LOT "B"
LOT "G" LOT "G" LOT "D"
Δ
Δ
PARCEL MAP 6031
P.M.B. 55/64-65
TRACT 4975
M.B. 65/83
PARCEL 2 PARCEL 1
N Madison Street LOT "G"
TRACT 4975
M.B. 65/83
TRACT 4975
M.B. 65/83
TRACT 4265
M.B. 55/76-77
SEE SHEET 4
SEE SHEET 3
TRACT 17113
M.B. 25/27
MT. VERNON ORANGE GROVE
& FRUIT CO. LANDS M.B 12/16
LOT "G"
N Madison
Street
W Washington Avenue
N Gardena Street W Roosevelt Avenue
LOT "G"
N Gardena Street W Trenton Street
PARCEL MAP 19200
P.M.B. 237/46 LOT "G" W Lincoln Avenue
P
B L A 1 inch = ft.
( IN FEET )
100
Packet Pg. 361
DETAIL
1 2
3 4
5 9
8 7
6151413121110
67 66
65 64
63 62
61 60
59 58
57 80
81 82
83 84
85 91
92 93
94 95 8687888990 7576777879
LOT "H"
LOT "I" LOT "C" LOT "D"
LOT "A" LOT "B"
LOT "G"
IN BOOK 7 PAGE 2 PORTION OF LOT 1 BLOCK 58
TRACT 4265
MB 55/76-77
P
B L A 56
55 54
53 52
51 50
49 48
47 46 75 16 SEE SHEET 4
1 inch = ft.
( IN FEET )
40 Packet Pg. 362
232221201918171615
24 25
26 27
28 29
30 31
32 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 6869707172737475 3334 LOT "E" LOT "F"
5 6
8 7
9 10 11
13 12
4 14
TRACT 4265
M.B. 65/83
TRACT 4265
M.B.65/83
TRACT 4975
M.B. 65/83
PORTION LOT 8, BLOCK 58
RANCHO SAM BERNARDINO
MB 7/2
TRACT 4265
MB 55/76-77 76 15
57 58
59 60
61 62
63 64
65 66
67 P
B L A 1 inch = ft.
( IN FEET )
40 Packet Pg. 363
1 95
LOT "H"
LOT "I"
LOT "G"
P
B L A
DETAIL
1 inch = ft.
( IN FEET )
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RAW EARTHWORK ESTIMATE:
LEGEND: 80NOT TO SCALEVICINITY MAPUTILITIES: SHEET
INDEX: EASEMENTS: ALLARD
ENGINEERING COUNTY
OF SAN BERNARDINO, STATE
OF CALIFORNIATENTATIVE TRACT
NO. 20494IN
THE
CITY OF SAN BERNARDINOFEBRUARY 2022BASIS OF BEARINGS: BENCHMARK: ENGINEER/ SURVEYOR: DEVELOPER/ OWNER:
ASSESSOR' S
PARCEL NO.:
ZONING: PROJECT AREA:
TOPOGRAPHY: FLOOD ZONE: INDEX
MAP(909) 356-1815 Civil
Packet Pg. 404
909) 356- 1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335
ALLARD ENGINEERING
Fax ( 909) 356- 1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
expires 3/ 31/ 2022)
Prepared For:
WARMINGTON RESIDENTIAL
W. HIGHLAND AVENUE
APN: 0143-191-59
HIGHLAND AVENUE & MEDICAL CENTER DRIVE
Packet Pg. 405
909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335
ALLARD ENGINEERING
Fax ( 909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
expires 3/31/2022)
Prepared For:
WARMINGTON RESIDENTIAL
W. HIGHLAND AVENUE
APN: 0143- 191-59
HIGHLAND AVENUE & MEDICAL CENTER DRIVE
Packet Pg. 406
909) 356-1815
Civil Engineering - Land Surveying - Land Planning
Fontana, California 92335
ALLARD ENGINEERING
Fax ( 909) 356-1795
16866 Seville Avenue
Prepared By:
ea
Reynold R. Allard, R.C.E. 79086 Date
expires 3/31/2022)
Prepared For:
WARMINGTON RESIDENTIAL
W. HIGHLAND AVENUE
APN: 0143- 191-59
HIGHLAND AVENUE & MEDICAL CENTER DRIVE
Packet Pg. 407
Packet Pg. 408
11244.
87TAR NW21232.
81TAR
NE51235. 29TAR
M121234. 23MON
3 4"
IP
RE
133131227. 70MON
1"
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ID
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44FNC
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71TC1691231.
21FL1701231.
36LIP
1711231.
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98ANC1791230.
76FNC1801230.
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INTX
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H=51911228.
30WALL WF H=5
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AP 5
H=51951228. INTX40WALL
WF 5
Packet Pg. 409
11244.
87TAR
NW21232.
81TAR
NE51235.
29TAR 23MONM121234.
3/
4 IP RE
133131227.
70MON
1 IP
LS2380
DN
1 3141227. 66MON 1/ 2" IP OPEN1001234. 25ANC1011234. 08PP NO ID1021237. 41FNC1031236. 40PP ID NO 1041238.
69PP VZ
351201051238.
79FNC1061240.
36FNC AP1071240.
54PP I14147Y1081239.
35BILLBOARD IBEAM
1091239.5BILLBOARD
IBEAM1101238.
85BILLBOARD IBEAM1111238.
85BILLBOARDIBEAM1121240.
77FNC
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5 81181238. 25WALL H=
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5H=
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5H=
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50WALLEF . 5 H=81261236. EF . 81271236. 49WALL 87WALL 5H= EF . 5 H=
81281235.
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5 H= 81311235.
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5 H=
81321235.
92FNC
END1331235.
92FNC
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95PP
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ID
1361234.
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1671231.
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Packet Pg. 410
17RUPW. H.
W. H.
17RUPW.
H. 17RUP18'-
0"DRIVEWAY
4'-0"
4'-0"
85'-
0"17'-
0"REAR
YARD 4'-
0" 4'-0"
4'-0"
Packet Pg. 411
T. O. PLATEFFFF9'- 1"
9'-1"
24'- 9" FINISH GRADET.
O. PLATEFFFF9'-
1" 9'- 1" 25'-
7"FINISH
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T. O. PLATEFFFF9'- 1"
9'-1"
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T. O. PLATEFFFF9'- 1"
9'-1"
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T. O. PLATEFFFF9'- 1"
9'-1"
Packet Pg. 415
T. O. PLATEFFFF9'- 1"
9'-1"
24'- 9" FINISH GRADET.
O. PLATEFFFF9'-
1" 9'- 1" 25'-
7"FINISH
Packet Pg. 416
W. H.
17RUP51'- 0"
4'-5"20'-7" 25'-0"18'-0"
37'-
6 1/
2"
9'-0
1/
2"
A/CENTRYGARAGE20'-
x 15'-0"DINING14'- 19'-11" LIVING10'- 2" 0" x
Packet Pg. 417
RIDGE
RIDGERIDGESANTA
A'
BARBARA '
4:PITCH:
12 UNOEAVE:
12"
UNORAKE:
Packet Pg. 418
T. O. PLATEFFFF9'- 1"
9'-1"
27'- 6" FINISH GRADET.
O. PLATEFFFF9'-
1" 9'- 1" 25'-
8"FINISH
Packet Pg. 419
T. O. PLATEFFFF9'- 1"
9'-1"
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T. O. PLATEFFFF9'- 1"
9'-1"
Packet Pg. 421
T. O. PLATEFFFF9'- 1"
9'-1"
Packet Pg. 422
T. O. PLATEFFFF9'- 1"
9'-1"
27'- 6" FINISH GRADET.
O. PLATEFFFF9'-
1" 9'- 1" 25'-
8"FINISH
Packet Pg. 423
W. H.
17RUP51'- 6"
x 19'- ENTRYGARAGE20'- 6"
11"
x 14'- LIVING13'- 2"
10" DINING11'-
14'-10" 10" x
Packet Pg. 424
BARBARA ' SANTA
A'
4:
PITCH:
12 Packet Pg. 425
T. O. PLATEFFFF9'- 1"
9'-1"
27'- 10" FINISH GRADET.
O. PLATEFFFF9'-
1" 9'- 1" 25'-
10" FINISH
Packet Pg. 426
T. O. PLATEFFFF9'- 1"
9'-1"
Packet Pg. 427
T. O. PLATEFFFF9'- 1"
9'-1"
Packet Pg. 428
T. O. PLATEFFFF9'- 1"
9'-1"
Packet Pg. 429
T. O. PLATEFFFF9'- 1"
9'-1"
27'- 10" FINISH GRADET.
O. PLATEFFFF9'-
1" 9'- 1" 25'-
10" FINISH
Packet Pg. 430
GROSS SF1ST
FLOOR859
SQ. FT.
SQ. FT. 2ND FLOOR1260
TOTAL LIVING2119
SQ.
SQ. FT. FT. GARAGE489
17RUPW. H. ENTRYGARAGE21'-
Packet Pg. 431
SANTA
BARBARA '
A' PITCH:
4:
12 UNOEAVE:
12" UNORAKE:
Packet Pg. 432
2022 / 02 / 04 BOARDCOLOR SCHEMES
ALL PAINT
INDICATE
TO BE
TYPICAL
SHERWIN
COLOR
WILLIAMS
AND MATERIAL
OR EQUAL
APPLICATION COLOR
ALL ROOFING TO BE EAGLE ROOFING OR EQUAL
DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.10
SANTA BARBARA
BLACKSW 6988 BOHEMIAN BLACK BLACKSW 6988 BOHEMIAN SW 6988 BOHEMIAN
METALSALL METALS METALSALLALL
COLOR SCHEME 1
SANTA BARBARA
SW7030 ANEW GRAY
SW6202 CAST IRON
SW6202 CAST IRON
THERMA- TRU SMOOTH STAR S205
SW7505 MANOR HOUSE
EAGLE ROOFING - CAPISTRANO 3636 PIEDMONT BLEND
STUCCO BODY | FOAM TRIM
SHUTTERS
ENTRY DOOR GARAGE DOOR
S- TILE ROOFING
SW7505 MANOR HOUSE
FASCIA
COLOR SCHEME 2
SANTA BARBARA
SW6154 NACRE
SW7705 WHEAT PENNY
SW7705 WHEAT PENNY
THERMA- TRU SMOOTH STAR S205
SW6152 SUPERIOR BRONZE
EAGLE ROOFING - CAPISTRANO 3723 ADOBE BLEND
STUCCO BODY | FOAM TRIM
SHUTTERS
ENTRY DOOR GARAGE DOOR
S- TILE ROOFING
SW6152 SUPERIOR BRONZE
FASCIA
SW6141 SOFTER TAN
SW6223 STILL WATER
SW6223 STILL WATER
THERMA- TRU SMOOTH STAR S205
SW7520 PLANTATION BROWN
EAGLE ROOFING - CAPISTRANO 3646 SUNSET BLEND
STUCCO BODY | FOAM TRIM
SHUTTERS
ENTRY DOOR GARAGE DOOR
S- TILE ROOFING
SW7520 PLANTATION BROWN
TRIMS| FASCIA
COLOR SCHEME 3
SANTA BARBARA
Packet Pg. 433
2022 / 02 / 04 BOARDCOLOR SCHEMES
ALL PAINT
INDICATE
TO BE
TYPICAL
SHERWIN
COLOR
WILLIAMS
AND MATERIAL
OR EQUAL
APPLICATION COLOR
ALL ROOFING TO BE EAGLE ROOFING OR EQUAL
DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.20
COTTAGE
COLOR SCHEME 4
COTTAGE
SW9162 AFRICAN GRAY
SW6103 TEA CHEST
SW6103 TEA CHEST
THERMA- TRU SMOOTH STAR S600
SW7009 PEARLY WHITE
GAF - TIMBERLINE HDZ, FOX HOLLOW GRAY
STUCCO BODY
SHUTTERS | GABLE END
ENTRY DOOR GARAGE DOOR
ASPHALT SHINGLE ROOFING
SW7009 PEARLY WHITE
TRIMS| FASCIA
COLOR SCHEME 5
COTTAGE
SW7067 CITYSCAPE
SW7069 IRON ORE
SW7069 IRON ORE
THERMA- TRU SMOOTH STAR S600
SW7069 IRON ORE
GAF - TIMBERLINE HDZ, SLATE
STUCCO BODY
SHUTTERS | GABLE END
ENTRY DOOR GARAGE DOOR
ASPHALT SHINGLE ROOFING
SW7014 EIDER WHITE
TRIMS| FASCIA
SW7008 ALABASTER
SW7048 URBANE BRONZE
SW6384 CUT THE MUSTARD
THERMA- TRU SMOOTH STAR S600
SW7048 URBANE BRONZE
GAF - TIMBERLINE HDZ, WEATHERED WOOD
STUCCO BODY
SHUTTERS | GABLE END
ENTRY DOOR GARAGE DOOR
ASPHALT SHINGLE ROOFING
SW7008 ALABASTER
TRIMS| FASCIA
COLOR SCHEME 6
COTTAGE
BLACKSW 6988 BOHEMIAN BLACK BLACKSW 6988 BOHEMIAN SW 6988 BOHEMIAN
METALSALL METALS METALSALLALL
Packet Pg. 434
2022 / 02 / 04 BOARDCOLOR SCHEMES
ALL PAINT
INDICATE
TO BE
TYPICAL
SHERWIN
COLOR
WILLIAMS
AND MATERIAL
OR EQUAL
APPLICATION COLOR
ALL ROOFING TO BE EAGLE ROOFING OR EQUAL
DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.30
MONTEREY
COLOR SCHEME 7
MONTEREY
SW7011 NATURAL CHOICE
SW7675 SEALSKIN
SW7675 SEALSKIN
THERMA- TRU SMOOTH STAR S93
SW9172 STUDIO CLAY
GAF - TIMBERLINE HDZ, BARKWOOD
STUCCO BODY
SHUTTERS
ENTRY DOOR GARAGE DOOR
ASPHALT SHINGLE ROOFING
SW9172 STUDIO CLAY
TRIMS| FASCIA
COLOR SCHEME 8
MONTEREY
SW7548 PORTICO
SW7749 LAUREL WOODS
SW7749 LAUREL WOODS
THERMA- TRU SMOOTH STAR S93
SW9183 DARK CLOVE
GAF - TIMBERLINE HDZ, MISSION BROWN
STUCCO BODY
SHUTTERS
ENTRY DOOR GARAGE DOOR
ASPHALT SHINGLE ROOFING
SW9183 DARK CLOVE
TRIMS| FASCIA
SW9173 SHIITAKE
SW7674 PEPPERCORN
SW7674 PEPPERCORN
THERMA- TRU SMOOTH STAR S93
SW7039 VIRTUAL TAUPE
GAF - TIMBERLINE HDZ, MISSION BROWN
STUCCO BODY
SHUTTERS
ENTRY DOOR GARAGE DOOR
ASPHALT SHINGLE ROOFING
SW7039 VIRTUAL TAUPE
TRIMS| FASCIA
COLOR SCHEME 9
MONTEREY
BLACKSW 6988 BOHEMIAN BLACK BLACKSW 6988 BOHEMIAN SW 6988 BOHEMIAN
METALSALL METALS METALSALLALL
Packet Pg. 435
HIGHLAND AVENUE
STREET " X"
STREET " X" STREET "X"
STREET "X" STREET "X"
STREET "X" STREET "X"
STREET " X" STREET "
X"X" STREET " STREET "X"
STREET "
X"X"STREET " STREET "X"
GARDENAST. MADISONST.MILE 4MILEPATH MILE 0. 0START PERIMETERPATHEND PERIMETER 0 4MILE 0. 0.1MILE 0.2MILE 0.3 MILE
0. 0START PERIMETERPATHEND
PERIMETERPATH
0.2MILE MILEMILE 0. 0. 1APN 3 0143- 282- APN0143- 16APN 0143- 03 231- 282- 03APN
0143- 281-
01APN 0143-
284- 16APN
0269- 081-
070143- 284-
02N. A.
P. APN
0143- 191-
47APN 0143-
191- 33APN1234567891011121314151617181920212223242526272829303132333435363738394041424344456766656463626160595857464748495051525354555680818283848591929394959089888786797877767574737271706968FS/ GB1234. 30FS/ LP1228. 2+
2 1 +
0 3
PLAN 1
PLAN 1PLAN
2PLAN 3
PLAN 3
PLAN 2
PLAN 2PLAN
3 PLAN
3PLAN 1
PLAN 1 PLAN 1 PLAN 1 1PLAN 1 PLAN
PLAN 1
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 3
PLAN 3
PLAN 3
PLAN 3
PLAN 3
PLAN 3 PLAN 1 PLAN 1 PLAN 1 3PLAN PLAN 3 PLAN 3 3 PLAN PLAN 2PLAN PLAN 3 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 2PLAN PLAN 3 PLAN 2 2 PLAN PLAN 3 PLAN 2 PLAN 3 2PLAN PLAN 2 PLAN 3 1 PLAN PLAN 2PLAN PLAN 3 3 PLAN 1 PLAN PLAN 2 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 1PLAN PLAN 3PLAN PLAN 2 3 PLAN 2 PLAN PLAN 3 1 PLAN 2 PLAN 1PLAN 2 2PLAN PLAN 2 PLAN 2PLAN PLAN 12PLAN 1 PLAN
1 PLAN
1PLAN 3
PLAN 3
PLAN 3
PLAN 3
PLAN 2
PLAN 1
PLAN 3
PLAN 3
PLAN 3PLAN
2 PLAN
2 PLAN
2PLAN 1
PLAN 1
PLAN 1
PLAN 1PLAN
2PLAN 3
PLAN 3
PLAN 2
PLAN 2PLAN
3 PLAN
3PLAN 1
PLAN 1 1 PLAN PLAN 1 PLAN 11 PLAN
PLAN 1
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 3
PLAN 3
PLAN 3
PLAN 3
PLAN 3
PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN 3 33 PLAN PLAN PLAN 2PLAN PLAN 3 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 3 PLAN 2 22 PLAN PLAN PLAN 3 PLAN 2 PLAN 3 PLAN 2 PLAN 3 1 PLAN 2PLAN 2PLAN PLANLAN 3 3 PLAN 1 PLAN PLAN 2 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3PLAN PLAN 2 13 PLAN PLAN 2 PLAN PLAN 3 2 PLAN 2PLAN 1 PLAN 1 PLAN
2 2
PLAN
PLAN 2 PLAN 2PLAN
1 1
PLAN
PLAN 1 PLAN 1PLAN
3 PLAN 3
PLAN 3
PLAN
3 PLAN 2 PLAN
1PLAN 3PLAN
3PLAN 3PLAN 2
PLAN 2 PLAN 2PLAN
1 1
PLAN
TREES
BOTANICAL / COMMON NAME SIZE
WUCOLS QTY
CUPANIOPSIS ANACARDIOIDES
CARROTWOOD 24" BOX M
10 HYMENOSPORUM FLAVUM SWEETSHADE 24"
BOXM2
LAGERSTROEMIA X `TUSCARORA` TUSCARORA
CRAPE MYRTLE
36"BOX M14 PISTACIA CHINENSIS '
KEITH DAVEY'
KEITH DAVEY
CHINESE PISTACHE 24"
BOXM16 PLATANUS
RACEMOSA CALIFORNIA SYCAMORE 24"
BOX M 6
QUERCUS ILEX HOLLY
OAK 24"
BOX L 4
FRONT YARD TREE, SEE
TYPICAL FRONT YARD ENLARGMENT
24" BOX VARIES
95TREE_SCHEDULE SHRUBS
BOTANICAL / COMMON NAME
SIZE WUCOLS AGAVE
ATTENUATA FOXTAIL AGAVE
5GAL
L BIGNONIA CAPREOLATA '
TANGERINE BEAUTY'
TANGERINE BEAUTY
CROSS VINE 5
GAL
X '
MBOUGAINVILLEA
ROSENKA' ROSENKA BOUGAINVILLEA
5 GAL L
BOUTELOUA GRACILIS '
BLONDE AMBITION'
BLONDE AMBITION BLUE
GRAMA 5GAL L
CALLISTEMON VIMINALIS `LITTLE JOHN`
DWARF WEEPING BOTTLEBRUSH
5GAL
L DIANELLA
TASMANICA ` VARIEGATA` FLAX
LILY 1GAL
MDIETES BICOLOR
FORTNIGHT LILY 5
GAL
HELIANTHEMUM NUMMULARIUM '
M
WISLEY PRIMROSE' WISLEY
PRIMROSE SUNROSE 5GAL
L HESPERALOE PARVIFLORA RED YUCCA
5 GAL L
JUNIPERUS HORIZONTALIS ` BAR
HARBOR` BAR HARBOR
CREEPING JUNIPER 1
GALMKALANCHOE
THYRSIFLORA PADDLE PLANT
5 GAL L
LANTANA MONTEVIDENSIS `
PURPLE`PURPLE
TRAILING LANTANA 1
GALLLEUCOPHYLLUM LAEVIGATUM
CHIHUAHUAN SAGE 5
GAL L LEYMUS
CONDENSATUS 'CANYON
PRINCE' CANYON
PRINCE
GIANT
WILD
RYE 5 GAL
LLOMANDRA LONGIFOLIA `BREEZE`
DWARF
MAT RUSH 5
GALMOPUNTIA
CACANAPA 'ELLISIANA'
SPINELESS PRICKLY PEAR
5GAL VL PENSTEMON
SPECTABILIS SHOWY PENSTEMON
5 GAL L
PHORMIUM TENAX '
JACK SPRATT'
NEW ZEALAND FLAX
5GAL
MRHAMNUS CALIFORNICA CALIFORNIA COFFEEBERRY
15 GAL L
ROSA X `
NOASCHNEE` FLOWER
CARPET WHITE GROUNDCOVER
ROSE
5 GAL MROSMARINUS OFFICINALIS ` PROSTRATUS`
DWARF ROSEMARY 1GAL
LROSMARINUS
OFFICINALIS ` TUSCAN
BLUE`TUSCAN
BLUE ROSEMARY 5
GALL
SALVIA GREGGII AUTUMN SAGE 5 GAL L STRELITZIA JUNCEA NARROW- LEAFED BIRD OF PARADISE 5 GAL L WESTRINGIA FRUTICOSA COAST ROSEMARY 5 GAL L GROUND COVERS BOTANICAL /
COMMON NAME SIZE WUCOLS FESTUCA X 'SUPERIOR PLUS' SUPERIOR FESCUE FLATHSHRUB SCHEDULE February3, 2022 LANDSCAPE CONCEPT: This landscape will consist of CaliforniaFriendly,low and medium water use plant material.All plants have been chosen from the low or medium water use category according to WUCOLS. Shrubs have been chosen to create a uniform theme across the siteconsisting of Mediterranean and California friendly plant material. Maintenance and longevity of
plant material
has been taken into consideration. Root panels and barriers willbe utilized on all trees where necessary. A 3"layer of bark mulch will be used in all landscape areas. All landscape areas will conform to the current Cityof San Bernardino Landscape Guidelines. IRRIGATION CONCEPT: The irrigation design will incorporate the latest in smart irrigation technologies. All new landscape areas will include high efficiency, low water use methods. All shrub planters will usedripline with anirrigation efficiency of .81.Asmart irrigation controller with arain shut off device will also be incorporated. Bark mulch will be used toretain
moisture and reduce evaporation
and
an irrigation
schedule willbe
provided to program the controller.
Twoirrigation schedules shall
beprepared, one
forplant
establishment and one for
after plant establishment.All
San
new irrigation systems will comply with all current City of Bernardino
Landscape Guidelines.REFER
TOOPEN SPACE
Packet Pg. 436
TYPICAL FRONT YARD PLANTING PALETTE
COTTAGE MONTEREY SANTA BARBARA
FOREGROUND
SYMBOL PLANT TYPE SIZE
ACCENT
TREE
FOUNDATION
X CHITALPA
TASHKENTENSIS /
CHITALPA
MAGNOLIA GRANDIFLORA
LITTLE GEM' / LITTLE GEM
MAGNOLIA
OLEA EUROPAEA
FRUITLESS' / FRUITLESS
OLIVE
LEPTOSPERMUM
SCOPARIUM / NEW
ZEALAND TEA TREE
CUPRESSUS
SEMPERVIRENS ' TINY
TOWER' / TINY TOWER
CYPRESS
YUCCA FILAMENTOSA
GOLDEN SWORD' /
GOLDEN SWORD YUCCA
CALANDRINIA
SPECTABILIS / ROCK
PURSELANE
MYOPORUM PARVIFOLIUM
PUTAH CREEK' /
CREEPING MYOPORUM
LANTANA ' NEW GOLD' /
NEW GOLD LANTANA
MUHLENBERGIA RIGENS /
DEER GRASS
DIETES X 'NOLA ALBA' /
KATRINA AFRICAN IRIS
PENSTEMON SPECTABILIS
SHOWY PENSTEMON
LAURUS NOBILIS / SWEET
BAY
LIGUSTRUM JAPONICUM
TEXANUM' / WAXLEAF
PRIVET
LAVATERA MARITIMA /
BUSH MALLOW
DIANELLA REVOLUTA
LITTLE REV' / LITTLE REV
FLAX LILY
ROSA X NOARE / FLOWER
CARPET RED
GROUNDCOVER ROSE
LAVANDULA STOECHAS /
SPANISH LAVENDER
15 GAL
5 GAL
5 GAL
1 GAL
1 GAL
24" Box
NOTE: ALL FRONT YARD PLANT MATERIAL IS LOW OR MODERATELY LOW WATER USE ( DROUGHT TOLERANT ONCE ESTABLISHED) A PLANT FACTOR OF . 4 ( MIXED WATER USE/ MODERATELY LOW WATER USE) HAS BEEN USED FOR THE WATER USE CALCULATION ALL PLANTER AREAS WILL RECEIVE A 3" LAYER OF MEDIUM GRIND BARK MULCH, INCLUDING WALKING PATH TO REAR YARD GATE.
PLANTING PALETTE PER ELEVATION
PLAN 3 PLAN 1 PLAN 2
MIDGROUND
GROUNDCOVER
2 1
0 3
February 3, 2022
SHADE STRUCTURE
BARK MULCH PATHWAY FOR
GATE ACCESS TO REAR YARD
PICNIC- STYLE SEATING
CONCRETE PAD
AND BENCH
ACCENT ENTRY TREES
CONCRETE PAD WITH
BENCH AND WASTE
RECEPTACLE
CONCRETE PAVERS
CHARCOAL BBQ AND ASH RECEPTACLE
BUILT- IN COUNTERTOP WITH STEEL SINK
FINISHDENSE SHRUB SCREENING 72" CMU WALL WITH STUCCO
OPEN SPACE ENLARGEMENT 1"=10'-0"
TYPICAL FRONT YARD PLANTING ENLARGEMENT 1"=10'-0"
ACKERSTONEPICNIC TABLE SEATING - MIRACLE SHADE STRUCTURE - POLIGON 4X12 PAVERS - 0' 10' 20' 30'
PREPARED FOR WARMINGTON RESIDENTIAL
6224NORTH
3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-
HIGHLAND & MEDICAL CENTER
ENLARGEMENTS
Packet Pg. 437
SYMBOL DESCRIPTION COLOR/FINISH MANUFACTURER
6`-0" HIGH 8X6X18 DOUBLE-SIDED SPLIT FACE
BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP
TAN
ORCO BLOCK
OR PROTO II
6`-0" HIGH 8X6X18 SINGLE-SIDED SPLIT FACE
BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP
COLOR TAN, SPLIT FACE
FOR INTERIOR FACING,
PRECISION FOR
EXTERIOR FACING WALLS
ORCO BLOCK
OR PROTO II
6`-0" HIGH VINYL FENCE TAN
6`-0" HIGH, 3`-0" WIDE VINYL GATE TAN
6`-6" HIGH 12X8X12 SPLITFACE PILASTER WITH
CAP
TAN
ORCO BLOCK
OR PROTO II
VEHICULAR ENTRY GATE STEEL/BLACK
PEDESTRIAN ENTRY GATE STEEL/BLACK
EMERGENCY VEHICULAR ENTRY GATE STEEL/BLACK
ENTRY MONUMENTATION
SLUMP BLOCK/ WHITE
SLURRY FINISH
ORCO BLOCK
OR PROTO II
WALL_SCHEDULE
HIGHLAND AVENUE
STREET "X"
STREET "X" STREET " X"
STREET " X" STREET " X"
STREET "X" STREET "X"
STREET "X"STREET "
X"X" STREET " STREET "X"
STREET "STREET " X" X"STREET " X"
GARDENAST. MADISONST. MILE 0.MILE 0.4MILE 0START PERIMETERPATHEND PERIMETERPATH 0 4MILE 0. 0.1MILE 0.2MILE 0.3 MILE
0START PERIMETERPATHEND
PERIMETER
PATH
0.2MILE MILEMILE 0. 0. 1APN 3 0143- 191- 0143- 191- 0143- 282- 36APN 60APN 03 APN
0143- 231-
16APN 0143-
282- 03APN
0143- 281-
01APN 0143-
284- 16APN
0269- 081-
070143- 284-
02N. A.
P. APN
0143- 191-
47APN 0143-
191- 33APN1234567891011121314151617181920212223242526272829303132333435363738394041424344456766656463626160595857464748495051525354555680818283848591929394959089888786797877767574737271706968FS/ GB1234. 30FS/ LP1228. 2+
2 1 +
0 3
PLAN 1
PLAN 1PLAN
2PLAN 3
PLAN 3
PLAN 2
PLAN 2PLAN PLAN 1 3 PLAN 13PLAN 1 PLAN
PLAN 1
PLAN 1
PLAN 1
PLAN 1
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 3
PLAN 3
PLAN 3 PLAN 3 PLAN 3 PLAN 3 1PLAN PLAN 3 PLAN 1 1 PLAN PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 3PLAN PLAN 2 PLAN 2 2 PLAN PLAN 2 PLAN 2 PLAN 2 3PLAN PLAN 1 PLAN 3 3 PLAN PLAN 3 PLAN 3 3 PLAN PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 3PLAN PLAN 1 1PLAN 3 3 PLAN PLAN 3 PLAN 2 PLAN 2 PLAN 3 3PLAN 2 PLAN PLAN 2PLAN 1 PLAN 12 PLAN PLAN2 PLAN 2
PLAN 2PLAN
1 PLAN
1 PLAN
1 PLAN
1PLAN 3
PLAN 3
PLAN 3
PLAN 3
PLAN 2
PLAN 1
PLAN 3
PLAN 3
PLAN 3PLAN
2 PLAN
2 PLAN
2PLAN 1
PLAN 1
PLAN 1
PLAN 1PLAN
2PLAN 3
PLAN 3
PLAN 2
PLAN 2PLAN 1 PLAN 3 PLAN 3PLAN 11 PLAN
PLAN 1
PLAN 1
PLAN 1
PLAN 1
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 2
PLAN 3
PLAN 3
PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 1 PLAN PLAN PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN 2 32 PLAN PLAN PLAN 2 PLAN 2 PLAN 2 PLAN 1 PLAN 3 3 PLAN 3PLAN 3 PLANLAN 3 3 PLAN PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN PLAN 1 1PLAN 3 33 PLAN PLAN PLAN 3 PLAN 2 PLAN 3 PLAN
3PLAN 2
PLAN
2 PLAN 2PLAN 1 1
PLAN 1PLAN
PLAN 2PLAN 2PLAN 2PLAN
2 1 PLAN 1 PLAN
PLAN 1PLAN 3
PLAN 3PLAN 3
Packet Pg. 438
MILE 0.4
MILE 0. 0START
PERIMETERPATHEND
PERIMETER PATH6"4"
NOTES: LOCATIONS PER PLAN FINAL TEXT, FONT, AND
COLOR TO
BE DETERMINED BY OWNER. PAINTED PERIMETER PATH MILE
MARKERSN.
T. S.
CONCRETE WALK 8'-0"6'-0"6'-0"
TALL
VINYL FENCEN.T.S.DETAILS 12'-6" or 6'-
6" 12'-
0" or 6'-0"SPLIT FACE EXTERIOR BLOCK
WALL
AND PILASTER N.T.S.3'-0"6'-
0"
3'-0"
WIDE VINYL
GATE N.T.
S.DETAILS
VEHICLE PEDESTRIAN AND
ENTRY GATES - N.T.S.PERFORATED STEEL
MESH HEAVY
DUTY SELF-CLOSING
HINGES WALL
GATE - N.T.S.15'- RETURN 20' 6'1'1' EMERGENCY VEHICLE ACCESS 0"SLUMP BLOCK W/SLURRY COAT 3'-
0" WIDE VINYL GATEN.
T.S. ENTRY
MONUMENT N.T.
S.NOTE: MONUMENT MOUNTED
TO WALL. FINAL LOGO
AND GRAPHIC TO BE DETERMINED. February3, 2022 HIGHLAND & MEDICAL CENTER Packet Pg. 439
MITIGATION MONITORING & REPORTING PROGRAM
Highland Avenue and Medical Center Drive
General Plan Amendment ( GPA) 21-01
Development Code Amendment/ Zoning Map Amendment ( DCA/ ZMA) 21-06 Subdivision ( SUB) 21-12 (Tentative Tract Map. No. 20494) Development Permit Type-P (DP-P) 21-06
City of San Bernardino
201 North E Street, 3rd Floor
San Bernardino CA 92501
Travis Martin, Associate Planner
909) 384-5313
June 8, 2022
Packet Pg. 440
1 MITIGATION MEASURE ( MM) RESPONSIBILITY
FOR IMPLEMENTATION
TIME FRAME/ MILESTONE VERIFIED
BY:
BIOLOGICAL RESOURCES
BIO- 1. Pre- Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre -construction presence/ absence survey for burrowing owls within seven days before the commencement of ground- disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer ( typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/ active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun ( or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Depar tment of Fish and Wildlife. The installation of one- way doors may be installed as part of a passive relocation program.
Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to ensure that animals do not re-enter the holes/ dens. Upon completing the survey and any follow -up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping.
Planning Department Prior to the issuance of a
grading permit
BIO- 2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW- approved no-construction buffer shall be established and/ or monitored by the qualified biologist at their discretion.
Planning Department Prior to the issuance of a
grading permit
CULTURAL RESOURCES
CR- 1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance
activities
Packet Pg. 441
2 MITIGATION MEASURE ( MM) RESPONSIBILITY
FOR IMPLEMENTATION
TIME FRAME/ MILESTONE VERIFIED
BY:
hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department ( SMBMI) shall be contacted, as detailed within TCR- 1, regarding any pre- contact finds and be provided information after the archaeologist makes his/ her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment.
CR- 2. Monitoring and Treatment Plan. If significant pre- contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR- 1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.
Planning Department During ground disturbance
activities
GEOLOGY AND SOILS ( PALENTOLOGICAL RESOURCES)
GEO- 1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist ( the “ Project Paleontologist”) prior to the issuance of a grading permit.
The Project Paleontologist will be on- call to monitor ground- disturbing activities and excavations ground- disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project' s implementation, ground- disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO- 2 shall apply.
City Inspectors Prior to the issuance of a
grading permit
GEO- 2: Paleontological Treatment Plan. If a significant paleontological resource( s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen ( in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find.
City Inspectors During ground disturbance
activities
TRIBAL CULTURAL RESOURCES
Packet Pg. 442
3 MITIGATION MEASURE ( MM) RESPONSIBILITY
FOR IMPLEMENTATION
TIME FRAME/ MILESTONE VERIFIED
BY:
The San Manuel Band of Mission Indians ( SMBMI indicated the Project site had a low sensitivity for tribal cultural resources. However, they did request to be added to Mitigation Measure CR- 2.
Planning Department During ground disturbance
activities
Packet Pg. 443
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 17, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Amendment No. 1 to Agreement with Anser Advisory Management, LLC (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024.
Background
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance.
The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects, and the Railway-Highway Crossing Program (RHCP). In addition, some states also have a High-Risk Rural Roads (HRRR) program if they have significant safety risks or increasing fatality rates on rural roads.
HSIP Cycle 9 Call for Projects was announced in May 2018, and in August 2018, the City of San Bernardino submitted an application for the Upgrade Various Signal Hardware at 224 Signalized intersections on Various Arterials Citywide Project. On December 27, 2018, the City received HSIP grant funds in the amount of $5,490,800 to do the project.
Packet Pg. 444
On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20-007 project for Upgrade Various Signal Hardware at 224 Signalized Intersections on Various Arterials and established $5,490,800 in HSIP grant funds to support the project. The Design for the project was completed in July 2021 by Kimley-Horn and Associates at a total design cost of $631,534.25. A construction contract was awarded by the City Council on December 15, 2021, to Baker Electric Inc. in the amount of $3,799,306.
Anser Advisory was awarded a construction management and inspection services contract for the construction phase of the project in the amount of $280,000 by the Mayor and the City Council on March 2, 2022. The contract expired on March 2, 2023.
Discussion
Staff recommends that the Professional Services Agreement with Anser Advisory Management, LLC be extended due to a delay in the contractor’s material procurement for the traffic signal equipment. Amendment No.1 will only impact the term of the agreement and allow for additional time to complete the project. The notice to proceed was issued on October 31, 2022, and the contract time commenced on November 1, 2022, for work to be completed within 200 working days for a completion date on August 18, 2023. Anser Advisory Management, LLC services will continue past the construction contract end date to close out the project and complete all the required paperwork to meet the federal requirements for the close-out procedures, all the construction management services will be completed on or before May 17, 2024.
Anser Advisory Management, LLC has been providing construction management, project management, and inspection services for 224 signalized intersections on various arterials in the City of San Bernardino since March of 2022. Their team of construction managers and field inspectors have been actively involved in various aspects of the project, including reviewing Requests for Information (RFI), conducting bi-weekly progress meetings, managing change orders, resolving construction disputes, reviewing, and controlling schedules, ensuring labor compliance, and processing progress payments for approval. Amendment No. 1 is only to extend the time allocated for the contract, and it will not lead to any additional costs beyond the amount initially awarded by the Mayor and the City Council. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this Amendment will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund impact with this item. Also, the extension of the proposed Packet Pg. 445
term has no impact on the cost of the project. The total design and construction cost for the project is estimated to be $5,113,840.25. The design phase of the project was completed at a total cost amount of $631,534.25, leaving $4,482,306.00 for the construction cost. A breakdown of the overall construction costs for the project is below:
Construction Bid Amount $3,799,306.00
Construction Contingency $383,000.00
Engineering Inspections $300,000.00
Total Construction Project Cost $4,482,306.00
Total Design and Construction Cost $5,113,840.25
Available Grant Fund $5,490,800.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Anser Advisory Management, LLC for construction management and inspection services extending the agreement until May 17, 2024.
Attachments
Attachment 1 Amendment No. 1 to Agreement for Professional Services Agreement with Anser Advisory Management, LLC
Attachment 2 Professional Services Agreement with Anser Advisory Management, LLC
Ward:
All Wards
Synopsis of Previous Council Actions:
June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Program FY 2019/2020
March 18, 2020 Adopted Resolution No. 2020-48 approving the award of Professional Services Agreement with Kimley-Horn and
Associates Inc.
December 15, 2021 Adopted Resolution No. 2021-299 approving the award of Construction Contract to Baker Electric Inc.
March 2, 2022 Adopted Resolution No. 2022-50 approving the award of Professional Services Agreement to Anser Advisory
Management, LLC
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AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
ANSER ADVISORY
This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of May 17, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Anser Advisory, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated March 3, 2022, for the purpose of providing construction management and inspection services (the “Master Agreement”); and
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended through May 17 , 2024, unless earlier terminated.
3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall not exceed May 17, 2024.”
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
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6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ANSER ADVISORY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles McNeely
Interim City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
ANSER ADVISORY
Signature
Name
Title
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 17, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Concept Plan Approval for Eastside Skate Park
Improvements at Speicher Park (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-072:
Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Improvements at Speicher Park (“Project”).
Background
On November 2, 2022, the Mayor and City Council approved the award of a Design Services Agreement with New Line Skateparks FL, Inc. in the amount of $106,500 for the design of Eastside Skate Park at Speicher Park.
In January 2023, the design work for the proposed improvements was initiated. The proposed improvements include construction of a new skatepark facility including guardrails, concrete access pathway, and additional concrete slab construction and repairs, integral color concrete, banding and stenciling.
Discussion
As part of the concept design phase, staff coordinated two community outreach meetings in November 2022 and January 2023 to receive community feedback regarding the proposed improvements. Furthermore, additional surveys were published online in December 2022 and January 2023 seeking community input. The community outreach helped staff determine the key design parameters for the proposed facility.
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Following the public outreach activities, the concept design plans are prepared (see Attachment 2) for the Concept Design Plans. The proposed improvements as part of the base bid are estimated to be in the range of $880,000, including construction cost, contingencies, and soft cost (project management and inspections). Based on the project estimates, staff recommends appropriating additional allocation of $230,000.00.
Additionally, staff proposes to include additive alternate design including North Entry Plaza concrete improvements & seat walls, and a new shade structure. The estimated cost for the additive alternate scope is approximately $100,000. After receiving construction bids, staff will return to Council to award construction contract, and will present final budget amounts, based on established construction costs.
Final plans, specifications and estimates (construction bid package) will be prepared as part of the final design. Staff will return to Council to appropriate final project budget after construction bids are received.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3: Improved Quality of Life. The completion of this project will improve park assets by providing skatepark design to provide a safe and well-maintained community skate park with access for all abilities.
Fiscal Impact
The budget for the proposed work was previously established through the adopted FY 2023-2027 Capital Improvement Program (CIP) budget using Measure S Funds in the amount of $650,000. The proposed improvements are estimated to be in the range of $880,000, including construction cost, contingencies, and soft cost (project management and inspections). Staff will return to Council to appropriate final project budget after construction bids are received. The fiscal impact is the additional allocation of $230,000.00 from AB 1600 Parkland and Op (Fund 268) for this project.
The AB 1600 Parkland and Op Fund have sufficient fund balance; the current fund balance available is $2.3 million.
Measure S Funds $650,000.00
Funding Amendment Needed:
AB 1600 Parkland and Op (Fund 268) $230,000.00
Total Project Funding $880,000.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-072:
Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund 268) for the Skate Park Packet Pg. 466
Improvements at Speicher Park (“Project”).
Attachments
Attachment 1 Resolution No. 2023-072
Attachment 2 Concept Plans
Ward:
Second Ward
Synopsis of Previous Council Actions:
November 2, 2022 Mayor and City Council approved design services agreement award for Skate Park Design at Speicher Park.
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Resolution No. 2023-072
Resolution 2023-072
May 17, 2023
RESOLUTION NO. 2023-072
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 CAPITAL IMPROVEMENT PLAN TO RECORD A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$230,000 FROM THE AB 1600 PARKLAND AND OP (FUND
#268) FOR THE SKATE PARK IMPROVEMENTS AT
SPEICHER PARK (“PROJECT”).
WHEREAS, on November 2, 2022, the Mayor and City Council approved the award of a Design Services Agreement with New Line Skateparks FL, Inc. in the amount of $106,500 for the design of the skate park at Speicher Park; and
WHEREAS, as part of the concept design phase, staff coordinated two community outreach meetings in November 2022 and January 2023 to receive community feedback regarding the proposed improvements. Furthermore, additional online surveys were published online in December 2022 and January 2023 seeking further community input. The community outreach helped staff determine the key design parameters for the proposed facility.; and WHEREAS, following the public outreach activities, the concept design plans are prepared. The proposed improvements are estimated to be in the range of $880,000, including construction cost, contingencies, and soft cost (project management and inspections).
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan recording a supplemental appropriation in the amount of $230,000.00 from the AB 1600 Parkland and Op (Fund #268) for the Skate Park Improvements at Speicher Park (“Project”).
SECTION 3. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
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Resolution No. 2023-072
Resolution 2023-072
May 17, 2023
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the asphalt pavement. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-072
Resolution 2023-072
May 17, 2023
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-072, adopted at a regular meeting held on the 17th day of May 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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SAN BERNARDINO, CA | EAST SIDE SKATEPARK
All-Wheel Skatepark Final Concept Plan
Feature Plan Legend
Skatepark features are schematic and will be modified
based on community input, project budget and
geotechnical findings. The current design represents
intended terrain style within the project scope.
North Entry Plaza (Add Alternate #1)
West Entry Plaza and Spectator Area
Planting Area(s)
Mural/Art Wall Along Park’s South Edge
Skatepark Primary Access Point
Signature SB Fountain Feature
Connection to Existing Pathway
Existing Grass Area to Remain
Existing Concrete Pathway
Existing Tree(s)
Guardrail Along Edge of Skatepark Deck
Existing Fence to Remain Along Edge of Skatepark
Shade Structure (Add Alternate #1)
Slappy Curb (Add Alternate #2)
2 3
4 5
6 7
8 9
10 11
11 11
12 13
14 14
13 10
10 10
10 10
1 1
2 3 3
12 7 5
7 8 9
9 9
4 4
6 PACIFIC STREET
Pedestrian Circulation (Base Bid)
Pedestrian Circulation (Future Phase)
Rider Circulation
Staging Area
Transition Ramp with Radius of Wall
Bank Ramp / Embankment Wall
5T
B
10 0 20 40
FEET
N
Updated 05.02.2023
FUTURE PHASE (NOT IN BASE BID)
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SAN BERNARDINO, CA | EAST SIDE SKATEPARK
Site Flow Diagram
Skatepark features are schematic and will be modified
based on community input, project budget and
geotechnical findings. The current design represents
intended terrain style within the project scope.
Updated 05.02.2023
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SAN BERNARDINO, CA | EAST SIDE SKATEPARK
All-Wheel Skatepark 3d Renderings
Bird’s Eye View looking Northeast Bird’s Eye View looking Southeast Updated 05.02.2023
View of Skatepark Features View of Skatepark Features
FUTURE
PHASE
FUTURE
PHASE
ADD ALTERNATES
ADD
ALTERNATES
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SAN BERNARDINO, CA | EAST SIDE SKATEPARK
`
`
`
Concept Plan - Cost Exhibit
PACIFIC STREET
10 0 20 40
FEET
N
KEY ASSUMPTIONS
COST BREAKDOWN*
*This is and order of magnitude to determine base assumptions of this project and to clarify key elements and site amenities to be regarded and prioritized. Current assumptions are:
• Feasibility of retrofitting existing athletic lighting to be determined in future phase • Suitable site soil conditions
• Contractor can stage equipment and materials on site
• At least a portion of the existing skatepark slab can be used as with the new design • Skatepark terrain consisting of a variety of different terrains designed to allow for progression • Additional site improvements outside of skatepark budget include water fill station, bike racks, trash and recylcing receptacle, signage, benches
• Shade structure location, style, and size to be determined Updated 05.02.2023
Notes:
* Final design is subject to change. Skatepark may be value engineered due to budget constraints. **Price includes general conditions, civil works, site/landscape restoration, and foam block/fill build-up.
ITEM
SKATEPARK + SITE IMPROVEMENTS (BASE BID)
Skatepark Elements** (Approx. 5,500 sf)
Guardrails along Elevated Skate Features (exceeding 30” H) Concrete Access Pathway (Approx. 300 sf)
Overlay of Existing Concrete Slab (Approx. 7,500 sf)
Integral Color Concrete, Banding, Stenciling
SKATEPARK SUBTOTAL
Design & Engineering
Construction Contingency
Construction Management, Inspection, Proj. Management (15%)
BASE BID GRAND TOTAL
Add Alt 1: North Entry Plaza Flatwork & Seatwalls, Shade Structure Add Alt 2: Slappy Curb
ADD ALTERNATES SUBTOTAL
SKATEPARK + ADD ALTS TOTAL
FUTURE PHASE ITEMS
Entry Plaza (West) & Additional Sidewalk Connections
Planting/Landscape Improvements
SUBTOTAL (FUTURE PHASE)
CONSTRUCTION GRAND TOTAL (SKATEPARK + ADD ALTS + ADDITIONAL)
ESTIMATED COST
$440,000
$40,000
$5,000
$82,500
$10,650
$578,150
$106,500
$67,905
$112,043
$864,598
$98,300
$2,600
$100,900
$965,498
$74,000
$65,000
$ 139,000
$1,104,498
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 17, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran
Department: Mayor's Office
Subject: Pre-Approval of Mayor Travel for FY 2022/2023 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2022/23 Background
On August 18, 2021, the Mayor and City Council adopted Resolution 2021-212, adopting the Travel Authority and Expense Policy that requires all mayoral and council travel to be preapproved by the Mayor and City Council.
Discussion
The Travel Authority and Expense Policy adopted by the Mayor and City Council requires preapproval by the Mayor and City Council for any travel by an elected official.
The Mayor is requesting to attend the International Council of Shopping Centers (ICSC) from May 21-23, 2023 in Las Vegas, NV.
ICSC Las Vegas
May 21-23, 2023
Registration: $975
Estimated Airfare & Travel: $500
Hotel: $500
2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity - Create a framework for spending decisions.
Fiscal Impact
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There is no financial impact to the pre-approval of travel for FY 2022/23. Each Councilmember has an annual budget for meetings and conferences of $6,000 and the Mayor has a budget of $4,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for the Mayor for Fiscal Year 2022/23.
Attachments
1. Attachment 1 – Travel Authority and Expense Policy
2. Attachment 2 – ICSC Registration Details
3. Attachment 3 – Estimated Southwest Airlines Flights
4. Attachment 4 – Estimated Hotel
5. Attachment 5 – GSA FY 2023 Per Diem Rates for Las Vegas, NV Ward:
All Wards
Synopsis of Previous Council Actions:
August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021.
July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and
repealing Resolution Nos. 9151 and 89-100.
February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy
manual to ensure that City employees and appointed
officials are operating under a clear set of guidelines that govern the City.
April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for
reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226.
June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day.
April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses
incurred on official business of the City.
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City of San Bernardino
Administrative Policy Manual
Subject: Travel Authority and Expense Policy
Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all Departments, Employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense.
Authority: Resolution No. 2021-212
Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Department Director, or their designee, and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to travel.
The purpose of the required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy.
Exemption from Scope
None.
Policy:
The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy.
Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travel, regardless of the source of funds used for reimbursement.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
Only authorized expenses as set forth in this policy will be paid by the City or reimbursed.
Unauthorized expenses incurred on a City P-Card must be reimbursed to the City by the City Employee of Elected Official within ten (10) business days of reconciliation of travel documentation.
Definitions
(a) Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. (b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions. (c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office.
(e) Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training.
(f) GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem.
Authorized Expenses
These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties.
Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Council, before the expense is incurred.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
Elected Officials please note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will directly pay or City Employees and/or Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement:
a. Attending educational seminars, conferences, or activities designed to improve skills and information levels.
b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or Elected Officials attending as a representative of the City of San Bernardino at events; or (b) City Employees as part of their City job duties or responsibilities, or organizing or assisting with the management or operation of events.
d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position.
(c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City Employee Packet Pg. 2265
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay.
The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino:
a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business.
b. Political contributions or events.
c. Charitable contributions.
d. Attendance at charitable events not sponsored, co-sponsored or organized by the City.
e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events.
f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy.
g. Personal losses incurred while on City business.
h. Alcoholic beverages.
i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses.
k. Mileage reimbursement for those receiving a monthly vehicle allowance.
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel.
m. The use of private aircraft for the conduct of City business is expressly prohibited.
Prior to Trip – Advance Approval
(a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form.
Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b) Advance Approval for Elected Officials. When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page.
Transportation
The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished.
The objective of this administrative policy is to ensure the lowest reasonable cost for travel. It is not intended to create hardships for City Employees or Elected Officials. Each Department may consider employees’ convenience in providing flexibility to those who travel by vehicle.
If several employees are authorized to attend the same conference/meeting, the Department shall coordinate travel arrangements to minimize transportation costs to the City.
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Air Travel
(a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles.
a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade.
Vehicle Use
(a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy.
(b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement.
(c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation.
No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d) Personal Vehicles: Employees may use their personal vehicle for City travel.
Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage Packet Pg. 2268
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reimbursement, the employee’s office is to be used as the starting point per IRS rules. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel.
Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement.
b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form.
c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office per IRS rules.
d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form.
e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances.
f. To drive a privately owned vehicle on City business, the employee must:
i. Possess a valid California driver’s license.
ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement.
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Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form.
Compensation for Travel Time
When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. Elected Officials are not compensated for travel time.
It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible.
Lodging
Actual lodging expenses will be allowed for City Employees and Elected Officials attending conferences, seminars, meetings, or workshops that are more than 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance.
The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event.
The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate.
(a) Hotel Rooms
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a. For events starting before noon, lodging will be provided the night prior through the last day of the event.
b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used.
(b) Lodging expenses shall be reimbursed on an actual cost basis. If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose.
(c) When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d) Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone.
(e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director.
(f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers.
(g) Itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing.
Meals and Incidentals
Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate.
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The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below. (M&IE Breakdown, 2021) M&IE Total
Continental
Breakfast/
Breakfast Lunch Dinner Incidentals
First and
Last day of
Travel
(75%)
$55 $13 $14 $23 $5 $41.25
$56 $13 $15 $23 $5 $42.00
$61 $14 $16 $26 $5 $45.75
$66 $16 $17 $28 $5 $49.50
$71 $17 $18 $31 $5 $53.25
$76 $18 $19 $34 $5 $57.00
Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem.
A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total.
(a) Meals Paid with a Purchasing Card
a. Employees using their P-Card for travel-related meals must retain itemized receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents.
c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement.
d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt. e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals.
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i. Using P-Cards to pay for meals requires the retention of itemized meal receipts while traveling.
ii. There is a greater administrative burden in reconciling both the Travel Authority & Expense Request form and P-Card transactions to ensure that expenses are recorded accurately.
(b) Meals Reimbursed or Paid with a Travel Advance
a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed, or a travel advance provided at the GSA Per Diem Rate.
If requesting a meal payment or reimbursement for a guest, the City Employee or Elected Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the Elected Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules, or regulations.
One-day Travel
Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the Elected Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the Elected Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days.
If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Packet Pg. 2273
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Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137)
Extended Travel
Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference.
(a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement.
b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card.
a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the PCard process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P-Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem.
d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents.
f. If the total paid for groceries on a P-Card is less than the aggregate Per Diem, the P-Card User is not entitled to receive the difference as a reimbursement.
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g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations.
(c) The City will not pay for laundry services or dry cleaning.
Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy.
(a) There are four ways to pay for travel expenses:
a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card.
b. Cash Advance - Advance payments to the City Employee or Elected Official may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority &Expense Request form to the Finance Department at least seven (10) business days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment requests from Elected Officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued. In addition, travel advances will not be issued for mileage or items that were paid prior to attending the event (i.e., registration fees).
c. Per Diem - For City Employees or Elected Officials electing Per Diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel.
Receipts shall not be required for Per Diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing Per Diem reimbursement shall not incur meal expenses on City issued credit cards (P-Cards) or seek actual cost reimbursement for meal Packet Pg. 2275
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expenses covered by Per Diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees or Elected Officials in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel.
(b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) business days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City within five (5) business days after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy.
Procedure:
The following are step-by-step instructions for obtaining approval for travel requests.
Action/Responsibility: Department Travel Coordinator
(a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following:
a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc.
b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered or comparison room rates for the locale.
c. Obtain approval from the City Employee’s Department Head, Director of Finance, and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible Travel Coordinator should make the arrangements for the trip payable to the traveler or service provider for:
a. Transportation
b. Lodging
c. Registration / Tuition fee
d. Meals
e. Other expenses covered by this Policy
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Action/Responsibility: Department Head
(a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy.
(c) Approve or deny local travel requests.
Action/Responsibility: Finance Department
(a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues.
(b) Process City Employees’ or Elected Officials’ travel expenditures in accordance with this policy.
Reconciliation and Verification of Expenses
The following are step-by-step instructions for reconciliation and verification of travel expenses.
Action/Responsibility: Employee or Elected Official
Within seven (7) working days of return date to work:
(a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provided to the Department Travel Coordinator with the original receipts.
(b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator.
Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval.
Action/Responsibility: Department’s Travel Coordinator
(a) Attach all receipts required in this policy to the Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for Elected Officials, submit to Director of Finance.
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CITY OF SAN BERNARDINO
TRAVEL AUTHORITY & EXPENSE REQUEST
Part 1. Travel
Name & Title of Requestor Authority Department Date of Request Destination City Dates Purpose of Travel
Destination Hotel: Post Approved
Yes (Plan ) / No
Hotel Government Rate: $
N/A: Reason:
Hotel Group Rate: $
N/A: Reason:
Hotel Per Diem Rate: $
Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form.
Comments:
Signature of Requestor: Estimate Cost of Trip: $
Date: Advance Money Requested: $
Office Phone: Account number:
Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature):
FUNDS AVAILABLE (Director of Finance Signature):
APPROVED (City Manager/City Council Signature):
Part 2. Expense
EXPENSE CATEGORIES: Report Paid by City Paid by Traveler Transportation: Air City Car
Private Car (Mileage )
Other
$ $
Garage and/or Parking $ $
Lodging $ $
Registration Fees $ $
Meals $ $
Other $ $
Other $ $
TOTAL EXPENSE $ $
Amount Paid by Traveler $
Cash Advance – Check No: $ I hereby certify that this is a true Balance Due to Traveler/City $ and correct statement of expenditures.
Receipt or Check No:
Traveler Signature
APPROVED (Department Head Signature)
APPROVED (Director of Finance Signature)
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5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 1/8
ICSC LAS VEGAS
May 21-23, 2023
Las Vegas Convention Center
Las Vegas, Nevada, United States
ICSC LAS VEGAS is our premier event and takes place annually in May. It is a two- to three-day gathering of dealmakers and industry experts, who are driving innovation and evolution in the Marketplaces Industry.
Schedule At-a-Glance
(Times are subject to change)
Sunday, May 21 • Wynn
1:00 – 4:30 pm • Professional Development Workshops
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5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 2/8 4:45 – 6:00 pm • Keynote Speaker
6:00 – 8:00 pm • Opening Reception
6:30 – 8:00 pm • ICSC Global Awards Ceremony
Monday, May 22 • LVCC
8:00 am – 5:00 pm • Exhibit Hall Open
10:00 am – 4:30 pm • Sessions
Tuesday, May 23 • LVCC
8:00 am – 3:00 pm • Exhibit Hall Open
10:00 – 11:45 am • Sessions
Registration Fees*
Register at the Standard Rate (ends at 11:59 pm EST on May 20, 2023) Member • $975
Non-Member • $1,800
Retailer Member • $0
Student Member • $50
On-Site Rate (starts at 12:00 am EST on May 21, 2023)
Member • $1,325
Non-Member • $1,800
Retailer Member • N/A**
Student Member • N/A**
* All cancellations are subject to a $100 cancellation fee for members and non-members and $25 for student members. Refunds will not be given for cancellations received after May 5, 2023. All requests for refunds must be received by ICSC in writing.
** On-site registrations not accepted
Hotel Reservations
In partnership with onPeak, ICSC’s official hotel provider, we are offering discounted rates at select hotels.
Packet Pg. 494
5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 3/8 Notice to all ICSC Members: Please be advised that ICSC will only contact you through onPeak, our official hotel provider. Any other email or phone solicitations offering hotel bookings are unauthorized and should be disregarded as spam notices.
Book Hotel
Exhibitor Information
Reserve your Booth Space today for ICSC LAS VEGAS 2023. Become an ICSC member and take advantage of member pricing.
Questions? Contact: Logan Brodsky at [email protected], Kim Romano at [email protected] or Keith Colavito at [email protected].
What’s included:
$15.50 per sq. ft (member pricing)
8' back and side wall drape (except island and peninsula booths) Gray booth carpet
Badges (based on booth size)
Listing in digital directory
ICSC is committed to bringing our event attendees together safely and with the proper health precautions in place but cannot guarantee that event attendees, exhibitors, vendors or other participants will not become infected with COVID, and by voluntarily attending an ICSC event, you accept and assume the risk of possible exposure or contraction of the same. Read ICSC’s Event Terms and Conditions for more information and our Event FAQs for more information.
Follow us for the latest event news and updates.
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5/1/23, 9:00 PM ICSC LAS VEGAS | ICSC
https://www.icsc.com/attend-and-learn/events/details/las-vegas-2023 4/8 About this event series
The ICSC Premier event series are our must-attend annual global gatherings of the Marketplaces Industry’s networked community of dealmakers, negotiators and moneymakers.
Details
Questions?
For more information, please call +1 844 728 ICSC or email [email protected].
Event FAQs
View full schedule
Cancel/Refund
Additional Resources
Attendee Search
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Book Hotel
Book
Schedule
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Attendee List PDFs
View
Exhibitor List
View
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View
ICSC LAS VEGAS Shuttle Schedule & Route Map
Download
Sponsorship Opportunities
Download
Attending
19113 Registered
Anthony Gonzalez
Broker Coordinator
Cushman &
Wakefield
Add to calendar
Packet Pg. 496
5/1/23, 9:03 PM Select Flights | Southwest Airlines
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Ontario/LA, CA - ONT to Las Vegas, NV - LAS
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5/1/23, 9:03 PM Select Flights | Southwest Airlines
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: May 17, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk’s Office
Subject: Adopt a Policy Designating a Meeting Minute Taker and Procedures for the Taking and Storing of Minutes
Pertaining to Closed Session meetings of The Mayor and
City Council
Recommendation
It is recommended that the City Council provide direction to staff or approve Resolution No. 2023-073 adopting the policy designating a meeting minute taker and procedures for the taking and storing of minutes pertaining to closed session meetings of the Mayor and City council.
Background
On May 19, 2019, the Mayor and City Council were presented with a survey of surrounding cities to determine if the City Clerk participates in Closed Session in other agencies.
On February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City.
In April 2023, the Mayor and members of the City Council communicated to staff to bring forward a resolution designating the City Clerk as the meeting minute taker for Closed Sessions and adopting a policy and procedures for taking and storing closed session meeting minutes.
Discussion
In previous years, the City Clerk attended Closed Session Meetings. However, in 2018 a decision was made to exclude the City Clerk from Closed Session, and this has continued to be the practice since then.
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In May 2019, the Mayor and City Council considered a survey on the practice of the City Clerk attending Closed Session Meetings. There were 20 cities surveyed, and only two cities had the City Clerk attend Closed Session Meetings, Victorville and Riverside. The City Council voted unanimously to continue the current practice and exclude the City Clerk from Closed Session Meetings.
In May of 2023, staff again surveyed the 20 cities, and Huntington Beach and Moreno Valley have begun to have the City Clerk attend Closed Session. Victorville and Riverside continue to have their City Clerk attend Closed Session Meetings.
The table below shows the results of the 2023 survey.
City Population
General Law
Charter
Appointed
or Elected
City Clerk
Clerk in
Closed
Session?
Anaheim 345,940 Charter Appoint No
Arcadia 55,345 Charter Elected No
Burbank 104,401 Charter Elected No
Colton
53,057 General Law Elected No
Corona
159,743 General Law Appointed No
Covina
48,619 General Law Elected No
Fontana
210,761 General Law Elected No
Highland
57,159 General Law Appointed No
Huntington Beach
196,652 Charter Elected Yes
Irvine
310,151 Charter Appointed No
Moreno Valley
199,258 General Law Appointed Yes
Ontario
181,544 General Law Elected No
Pomona
152,554 General Law Appointed No
Rancho
Cucamonga
177,000 General Law Elected No
Redlands
73,168 General Law Elected No
Rialto
104,030 General Law Elected No
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Riverside
315,034 Charter Appointed Yes
Upland
79,040 General Law Appointed No
Victorville
143,810 Charter Appointed Yes
In light of the Mayor and City Council’s recent request to revisit this topic, staff have considered the obligation of the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials can operate under a clear set of guidelines. These guidelines shall also align with the laws and regulations that govern the City, in addition to the City Charter and Municipal Code.
California Government Code Section 54957.2 provides that the City Council may, by ordinance or resolution, designate a clerk or other officer or employee of the City to enter in a minute book a record of topics discussed and decisions made at closed session meetings of the City.
The Mayor and City council can choose to designate the City Clerk or their designee, for example the Chief Deputy City Clerk, Deputy City Clerk II or Deputy City Clerk I, (all who serve in the City Clerk’s absence), to be the minute taker in Closed Session.
The City Council can also assign a designee of their choice such as the City Manager, Assistant City Manager, or City Attorney to take minutes in the absence of the City Clerk. In the absence of the City Clerk, or the designee, the Chair of the meeting can appoint another staff member to prepare the meeting minutes.
To remain consistent with our standard practice for meeting minutes city-wide, the type of minutes that will be taken for closed session meetings will be action minutes.
They will include the item discussed, a description of each motion made by members, the name of the member making each motion and the name of the member who seconds each motion, and the name of each member voting in favor of, against, or abstaining on each motion. The minutes will also reflect the names of all people present at each closed session discussion on each item noticed on the agenda for the closed session meeting.
Closed Session meeting minutes are not a public record subject to inspection pursuant to the California Public Records Act and must be kept confidential. Minutes of closed session meetings of the Mayor and City Council shall only be made available for review by the City Clerk, City Attorney, City Manager, Mayor, members of the City Council or pursuant to an order of a court of competent jurisdiction. 2021-2025 Strategic Targets and Goals
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Designating the meeting minute taker and adopting a policy and procedures for taking and storing of minutes pertaining to the closed session meetings closely aligns with Strategic Target 1, Goal a: Improved Operational & Financial Capacity – Establish a clear policy direction and predictable organization structure. The policy will provide consistent direction to current staff members and future staff.
Fiscal Impact
There is no fiscal impact in designating a meeting minute taker and adopting the policy and procedures.
Conclusion
It is recommended that the City Council provide direction to staff or approve Resolution No. 2023-073 adopting the policy and procedures for the taking and storing of minutes pertaining to the Closed Session meetings of the City of San Bernardino.
Attachments
Attachment 1 – Resolution No. 2023-073 Adopting a policy and procedures on the Closed Session Meeting Minutes
Attachment 2 – Exhibit A - Closed Session Meeting Minutes Policy and Procedures
Ward
All Wards
Synopsis of Previous Council Actions
February 3, 2021 The City Council provided conceptual support for the development of a comprehensive administrative policy
manual to ensure that City employees and elected and
appointed officials are operating under a clear set of
guidelines that govern the City.
May 11, 2019 The Mayor and City Council considered - Matters of Council Interest Follow-Up Report – Survey of City Clerks in
attendance at Closed Session Meetings
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Resolution No. 2023-073
Resolution 2023-073
May 17, 2023
RESOLUTION NO. 2023-073
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DESIGNATING A MEETING MINUTE TAKER; ADOPTING
A POLICY AND PROCEDURES FOR THE TAKING AND
STORING OF MINUTES PERTAINING TO CLOSED
SESSION MEETINGS OF MAYOR AND CITY COUNCIL
WHEREAS, the City of San Bernardino is a charter city operating under a councilmanager form of government; and WHEREAS, The City Charter is the document adopted by the voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council.
WHEREAS, in addition to the City Charter and the Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City.
WHEREAS, California Government Code Section 54957.2 provides that the Mayor and City Council may, by ordinance or resolution, designate a clerk or other officer or employee of the City to enter in a minute book a record of topics discussed and decisions made at closed session meetings of the City; and
WHEREAS, any such minute book maintained by a designee of the City is not a public record subject to an inspection pursuant to the California Public Records Act and, therefore, must be kept confidential; and
WHEREAS, the City desires that minutes pertaining to closed session meetings of the City be taken and maintained by the City in a manner protecting the confidentiality of the minutes; and
WHEREAS, the City desires to adopt policies and procedures pertaining to minutes of closed session meetings of the City;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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Resolution No. 2023-073
Resolution 2023-073
May 17, 2023
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City hereby approves the "Policies and Procedures for Taking and Storing of Minutes of Closed Session Meetings of the City " set forth in Exhibit "A", which is attached hereto and incorporated herein by reference.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-073
Resolution 2023-073
May 17, 2023
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-073, adopted at a regular meeting held on the 17th day of May 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
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[1]
RESOLUTION NO.
Resolution No. 2023-XX
PAGE 1 of 2
ADMINISTRATIVE
POLICIES REVISION
SUPERSEDES
SUBJECT
Closed Session Meeting Minutes
APPROVED BY:
City Council
EFFECTIVE DATE
05/17/2023
A. PURPOSE
To establish policy and procedures for taking and storing of Closed Session meeting minutes.
B. SCOPE
This policy provides directions on who the Mayor and City Council designated to take meeting minutes, the type of meeting minutes taken, and the storing of meeting minutes for Closed Sessions.
C. POLICY
MEETING MINUTE TAKER
1. It shall be the policy of the City of San Bernardino to designate the City Clerk to attend closed session and take minutes of the meeting.
2. If the City Clerk is absent from the closed session meeting, their designee shall take minutes of the meeting.
3. If neither the City Clerk nor the designee is present at a closed session meeting, the Chairperson shall designate another staff member present to prepare the minutes.
PROCEDURE
1. The City Clerk in attendance at each closed session meeting of the City shall record in writing minutes of each closed session meeting that contain the following:
a. A description of the item discussed
b. A description of each motion made by members
c. The name of the member making each motion and the name of the member who seconds each motion
d. The name of each member voting in favor of, against and abstaining on each motion e. The minutes shall also reflect the names of all people present at each closed session discussion on each item noticed on the agenda for the closed session meeting Packet Pg. 509
2 Administrative Policy Closed Session Meeting Minutes
STORING CLOSED SESSION MEETING MINUTES
1. Minutes of closed session meetings of the City shall be delivered to the City Clerk within five (5) business days of the date the minutes are taken.
2. The City Clerk shall store the minutes in order by date in a minute book in a secured drawer or file cabinet in their office.
3. The minute book maintained by a designee of the City is not a public record subject to an inspection pursuant to the California Public Records Act and, therefore, must be kept confidential. Minutes of closed session meetings of the Mayor and City Council shall only be made available for review by the City Clerk, City Attorney, members of the City Council or pursuant to an order of a court of competent jurisdiction over the City.
4. Minutes shall be retained in accordance with the provisions of California Government Code Sections 34090, et seq.
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Discussion
City of San Bernardino
Request for Council Action
Date: May 17, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Cassandra Searcy, Deputy Director of Housing &
Homelessness
Department: Community & Economic Development (CED)
Subject: Responding to the City’s Urgent Homeless Crisis Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non-substantive changes;
2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project;
3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus);
4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding;
5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and
6. Adopt Resolution No. 2023-076, the City of San Bernardino Homelessness State of Emergency Implementation Plan.
Background
On December 7, 2022, the Mayor and City Council allocated $24.5 million in American Rescue Plan Act (ARPA) funds to help mitigate homelessness. Specifically, $12 million was directed towards the development of the City’s low barrier, non-congregate Packet Pg. 511
Navigation Center with an additional $4.5 million towards operations.
On February 1, 2023, the Mayor and City Council unanimously voted to adopt Resolution No. 2023-028declaring a Homelessness State of Emergency in response to an on-going statewide and regional homelessness crisis. The Declaration allows the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness and opens the door to potential new funding opportunities to address the crisis.
On April 26, 2023, the Mayor and City Council approved a Homekey partnership with Lutheran Social Services to develop a 170-bed Community Wellness Campus to serve homeless men. Council also approved a sub-award Agreement totaling $5 million in ARPA funds to help with project completion and operation. The facility will take approximately twelve (12) months to complete once the project is approved by the State.
On April 26, 2023, the County of San Bernardino revealed the results of the 2023 Point in Time Count (PITC Attachment 1), which showed an 11% increase in homelessness.
The City now has 1,502 homeless individuals compared to 1350 recorded in 2022. The City currently houses 36% of the County’s unhoused population.
Discussion
Homelessness State of Emergency Implementation Plan
Staff has outlined an Implementation Plan for Council’s consideration, which list steps and measures the City can take to act in accordance with the declaration and to streamline the development of emergency shelters, interim housing, transitional housing, and the overall response to the homeless crisis.
1. Shelter Bed Capacity-The City will Identify the number of emergency shelter beds operational within the City, which will determine the number of emergency shelters beds still needed to meet the 60% threshold outlined by US District Judge, David Carter who approved a settlement agreement between the City of Los Angeles and homeless advocate plaintiffs. The threshold will serve as a guideline for purposes of enforcing anti-camping rules that would allow the City to clear homeless encampments from its parks, parking lots, and other public spaces.
Example of Shelter Bed Needs Based on 2023 PITC
2023 Shelter Bed Need
City’s Unsheltered 1017
60% Threshold Allowance 610
# of Active Shelter Beds 387
Remaining Shelter Bed Need 223
The City has identified potential zoning expansions to permit the development of emergency shelters, interim housing and transitional housing on City-owned properties using a streamlined ministerial approval process. In addition, the City Packet Pg. 512
proposes to allow temporary “pop” up emergency shelters to address the immediate need for shelter beds. This process is proposed to be temporary, administrative and permitted at the review and discretion of the Community Development Director and Housing Director. This approach is necessary in order to activate an immediate action plan that will visibly begin to remedy the high number of unhoused individuals throughout the city.
2. Homeless Outreach
In February 2023, Staff released a Request for Proposal (RFP) in search of a qualified homeless outreach lead operator. In order to expand the reach of qualified candidates, the City used Planet Bids, which is a web-based vendor portal that ensures a streamlined procurement and electronic bidding process. Planet Bids also provides a secure and transparent format. To ensure that local agencies and non-profits were made aware of the City’s RFP release, notifications were sent out to the County’s Interagency Council on Homelessness (ICH) and the Central Valley Homeless Provider Network, which issued a County-wide mass email alert. There was a total of five (5) agencies/candidates who responded to the Homeless Outreach RFP and submissions were evaluated in mid-March.
All candidates were required to demonstrate their ability to secure and maintain qualified staffing levels, highlight their experience working with unhoused individuals, particularly those who have underlying physical and/or mental health conditions, demonstrate their knowledge of trauma-informed care and “Housing First” practices and be able to quickly connect to the County’s Homeless Management Information
System (HMIS).
Two (2) agencies advanced to the final selection process (one local and one nonlocal) and on April 11, 2023, a tentative award letter was issued to the successful applicant, Hope the Mission (HTM), formally known as Hope of the Valley. It is staff’s recommendation that Council select HTM as the City’s new Homeless Outreach Operator.
Hope the Mission
(HTM) - A 501(c)(3) non-profit organization established in 2009, that began as a grassroots agency providing “boots to the ground” homeless outreach, shelter, and service connections to unhoused residents. HTM participated in a competitive bid process and outlined a comprehensive plan to provide city-wide street outreach to assist unhoused individuals HTM has nearly fourteen (14) years of experience providing supportive services to unhoused families and members of the Transitionally Aged Youth (TAY) community. HTM currently employees a staff of 600 and oversees a diverse portfolio of homeless housing projects that include six (6) tiny home villages, three (3) adult congregate shelters, one (1) men's recovery program, one (1) residential re-entry program, two (2) family residential shelters, two (2) navigation centers and a residential shelter for transitional-aged youth as well as various outreach programs throughout multiple counties. Staff Packet Pg. 513
recommends Hope the Mission (HTM) be selected as the City’s new Homeless Outreach Operator.
Through connections to social service programs that address housing, mental and physical health, employment, and education, HTM has served a total of 2,685 individuals in the year 2022. HTM has already begun collaborating and partnering with local homeless service providers within the City and has connected to the County’s HMIS system. Over the years, HTM’s success enabled the organization to obtain contracts in multiple jurisdictions including Orange County, Los Angeles County San Fernando Valley, the City of Ventura and most recently, the City of Victorville.
HTM has the appropriate operational, procedural, and staffing infrastructure to ensure comprehensive and effective service provision, contract compliance, data management, outcome reporting, and fiscal management efficiently. HTM intends to prioritize a local workforce with lived experience who have first-hand insight into the development and provision of homeless related services. HTM has start-up operating reserves, which will allow the organization to set up shop, gather resources and initiate the hiring and training of workers to provide street level support in a quick and efficient manner. HTM will establish a dedicated homeless outreach phone line for the public and calls will be returned within 24 hours. HTM will also secure transportation vehicles to transport unhoused individuals as needed to various housing options.
Homeless Outreach Team
The outreach team will consist of eight (8) full-time employees (FTE): one (1) FTE Program Manager, two (2) FTE Peer Specialists, two (2) FTE Case Managers, two (2) FTE SUD counselors, and one (1) FTE Data Coordinator. Workers will be able to support substance use disorder services, mental health services, and engage with clients on a peer level. Outreach workers will be equipped with vehicles, phones, tablets, and client-related supplies that include food, water, hygiene kits, blankets, tents, emergency kits, and client clothing to provide the best engagement services. HTM plans to deploy its homeless outreach team 7 days a week to support the local community. HTM’s Homeless Outreach contract will go into effect approximately thirty (30) days from Council’s approval.
3. Interim Shelter - The City is in talks with local churches and property owners who have large buildings that could accommodate 30-50 unhoused individuals. Of the $12 million originally allocated to develop the interim housing unit portion of the campus it is anticipated that roughly $1.7 million will be available to help cover the lead operators fee to provide necessary services to unhoused individuals who accept interim shelter. Necessary services include case management, meals and wrap-around supportive services.
It is unclear at this time if the City will use multiple sites or if a single large building can be secured. The City is looking to shelter 223 (60% threshold capacity) Packet Pg. 514
unhoused individuals for seven (7) months. The City may also choose to use a mix of local motels to ensure the shelter bed capacity threshold is met during the project’s construction. The lead operator will enter into Memorandum of Understanding (MOU) Agreements as necessary to accomplish the task.
Staff is recommending for the City to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center.
4. Mobile Showers + Laundry Services- Upon the Council’s approval, CAPSBC has agreed to operate a one-year Mobile Shower Project, which will help to destigmatize homelessness, address public health and safety concerns, and give unhoused individuals a sense of hope and renewed self-esteem. The mobile shower unit is 28 feet long and comes equipped with three (3) full-service restrooms (shower, sink, and toilet), one of which is an ADA compliant restroom.
The trailer also has an adjacent laundry area that contains two (2) washers and two (2) dryers allowing unhoused residents the ability to wash their clothing. The trailer also has an onboard water tank that can easily be re-filled by a faucet or garden hose connection. The mobile shower unit can relocate as needed to different areas of the City; however, the unit will typically remain in City parks where it can connect to the City’s water system. A vacuum truck is needed to empty the trailer and non-city staff (not volunteers) will be trained in this process.
CAPSBC plans to operate the mobile shower at a minimum of two (2) times per week. Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers, and one (1) hour for cleanup. CAPSBC will partner with a minimum of four (4) local community-based organizations (CBO’s) within the City of San Bernardino through a Memorandum of Understanding (MOU) Agreement that would allow CAPSBC to setup the mobile shower unit on CBO’s property and access water for the showers. CAPSBC will market the mobile showers on their company website and create flyers that will be dispersed to different organizations that serve the homeless community. CBO’s will also help to spread the word through their company websites as well. Should there be a need to extend the project beyond its one-year projection, the City could use future Housing and Urban Development entitlement funds (Community Development Block Grant & Emergency Solutions Grant) to continue services until permanent solutions are established or until the need no longer exists. The Mobile Shower Agreement shall become effective upon Council’s approval.
5. SB HOPE Campus- The City is moving forward with the development of its 224- bed, low barrier, non-congregate navigation center also known as SB HOPE Campus. The acronym HOPE stands for Homeless Education Prevention and Education. Phase I of the campus will be located at 796 6th Street and will provide interim housing and wrap-around supportive services service to homeless men and women. The campus will have a pet-friendly environment and be equipped with administrative offices, counseling offices, classrooms, intake area, multiPacket Pg. 515 purpose room, communal dining area, kitchen, restrooms, and an area for personal storage bins.
The initial development of the interim housing units was estimated between 12-18 months to complete, but with an experienced developer, the project can be completed in 7 months:
• 2 months to design and set up infrastructure.
• 1 month to obtain permits-City can streamline approval process. • 4 months to construct.
Although the City will be applying for Homekey funds, the City is in a position to move forward with development of the campus using ARPA funds. Traditionally, the use of federal funds requires Cities to enter into a competitive bid process and release a Request for Proposal (RFP). This process can be time consuming and federal guidelines do allow for noncompetitive procurement under specific circumstances. Title 2 of the Code of Federal Regulations (2 CFR) Part 200 establishes uniform administrative requirements, cost principles, and audit requirements for Federal awards to non-Federal entities. Exemptions to the competitive bid process can be found under 2 CFR § 200.320 (c), which states that noncompetitive procurement can only be awarded if one or more of the following circumstances apply:
2 CFR § 200.320 (c) Noncompetitive procurement
1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section)
2. The item is available only from a single source;
3. The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation;
4. The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the nonFederal entity;
5. After solicitation of a number of sources, competition is determined inadequate.
The City declared a Homelessness State of Emergency on February 1, 2023, and thereby qualifies for noncompetitive procurement under 2 CFR § 200.320 (c)(3):
The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation.
Estimate Cost -The delivery and set-up cost for SB HOPE Campus is estimated to be $6.5 million and includes the cost for buildings, materials, and amenities. Start-up expenses related to furnishings and appliances is estimated to cost $400,000. Annual operations are estimated at $3.5 million, which includes a wrap-around supportive Packet Pg. 516
service component. Altogether, Year 1 cost including development, operation and start-up is estimated at $10.3 million. In Year 2, the cost drops down to $3.5 million, which covers operations & maintenance.
It is important to note that according to the 2020 San Bernardino County Cost Study, chronically homeless individuals cost Inland Empire cities $31,873 per person per year just to manage. The cost to shelter and provide essential services to unhoused City residents at SB HOPE Campus is only $17,500 per person per year.
Project Homekey Grant 3.0
As per the requirements of the State’s Housing and Community Development (HCD), local municipalities or county government agencies can apply for Homekey grant funds. To this end, staff is seeking Council’s approval to jointly apply for Homekey Grant 3.0 with Hope the Mission (HTM) to develop the City’s SB HOPE Campus. HTM is a leader in the development, provision and oversight of shelter, housing and supportive services for unhoused individuals and was successfully awarded three (3) Homekey 2.0 Projects this last award season. Due to the City’s homeless crisis and level of urgency Staff is also recommends that Council approves the following:
• Approve a direct contract (Professional Service Agreement) with HTM to act as Developer and Lead Operator of the City’s navigation center, hereby referred to as “SB HOPE Campus”. The City has declared a Homelessness State of Emergency and requires help from an agency with a proven track record of successful developments and management of homeless housing projects including shelters and navigation centers. Instead of engaging in the traditional time-consuming procurement process, it is recommended that the City stand on its Homelessness State of Emergency Declaration, which allows the City Manager the ability to take certain administrative actions to streamline the provision of shelter and expedite responses to homelessness. • Approve a non-competitive contract with HTM to oversee the City’s interim shelter program. It will take the City several months to build its 224-bed navigation center and in the meantime, the unhoused will need a place to go.
Interim shelter is an essential tool that will temporarily house homeless individuals while allowing the City the ability to resume its anti-camping ordinances.
HTM has the experience and capacity to develop the City’s SB HOPE Campus in seven (7) months versus twelve (12) to eighteen (18) months as previously reported. This faster pace development can be accomplished because HTM’s has an in-house team that includes an experienced architect and project manager who both have had success in developing multiple homeless housing projects throughout various Counties. As previously mentioned, HTM has developed and currently oversees a diverse portfolio of homeless housing projects that include six (6) tiny home villages, three (3) adult congregate shelters, one (1) men's recovery program, one (1) residential re-entry program, two (2) family residential shelters, two (2) navigation centers and a Packet Pg. 517
residential shelter for transitional-aged youth.
It is important to note that HTM has the proven ability to be both responsive and flexible to the City’s needs as evidenced in the organization’s ability to adjust to innovative and adaptive technologies. HTM’s housing inventory includes a rich array of alternative construction methods, and each project was specifically built to meet the unique need of a community:
• Motel Conversions
• Boxable Community (Modular Units)
• Tiny Homes
• Pallet Shelters
• Sprung Structures
• Repurposed Warehouse
• Congregate/ Non-Congregate Facilities
• Recuperative Care Facilities
• rooms
HTM built the first Boxable community in LA County, the first Recuperative Care Facility in the San Fernando Valley and all of its three (3) Project Home Key 2.0, sites built in the City of Los Angeles and Los Angeles County were the first to be completed and built within budget finishing ahead of any other Homekey project. It is because of HTM’s proven track record that Staff recommends a direct, non-competitive contract with HTM to develop and operate the City’s SB HOPE Campus.
The City’s application of Homekey 3.0 will help to offset the cost for a 224-bed, noncongregate, low barrier, facility that will provide interim housing and wrap-around support services for unhoused individuals. The City is seeking $20 million for development.
The aim of this project is to facilitate housing options for residents, provide case management to enhance their housing stability and autonomy, and assist them in moving towards permanent housing. Hope the Mission’s role would be as follows:
• Conduct community outreach and engagement activities to ensure the facility is responsive to the needs of the community.
• Obtain all necessary permits and approvals from local, state, and federal agencies.
• Develop a detailed design and engineering plan for the modular interim housing units, central building, onsite supportive services, and tiny homes. • Conduct site preparation activities, such as grading, excavation, and utility installation, based on the design and engineering plan. • Installation of essential services, such as water, sewer, electrical, and heating/cooling systems, based on the design and engineering plan. • Construct a central building to house administrative offices, case management services, and onsite supportive services, based on the design and engineering Packet Pg. 518
plan.
• Provide or enter into a Memorandum of Understanding (MOU) Agreement with local agencies to provide onsite supportive services, such as job training/placement, housing navigation, Substance abuse counseling and case management.
• Conduct a final inspection and approval of all construction deliverables and services.
6. Amended Municipal Code-The City has already amended its Municipal Code to adopt Appendix P of the California Building Code, which applies to emergency housing and emergency housing facilities (onsite common amenities i.e., kitchens areas, toilets, showers, etc.).
7. Streamlined Application Process- The City will create an online portal located on the City’s website ([email protected]) to screen potential emergency shelter, interim housing and transitional housing operators, streamline the application process and improve engagement.
a. The City is looking to connect with providers who fall under the following categories: government agency, religious institution, non-profit charitable organization, or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless, and which meets all applicable state health and safety requirements.
8. Establish Shelter Operator Protocols-The City can establish protocols that require providers to do the following: (1) Register with the City of San Bernardino by submitting "Cold Weather Temporary or Emergency Shelter Application" online via the City's website; (2) Comply with all local, state, and federal requirements that apply to the permitted use of their property while operating a shelter for the homeless pursuant to this section; (3) Comply with the "Cold/Wet Weather Temporary Shelter" requirements promulgated by the County’s Fire Department; (4) Provide written notification to the owners of properties abutting the subject property, prior to operating a shelter; (5) Submit a monthly status report (I.e., number of individuals sheltered, assisted with vital services and connected to housing) to improve accountability; (6) Provide public communication and messaging to educate the public about homelessness, the City’s efforts to address homelessness and engage the unhoused population in dialogue about the City’s efforts to address homelessness; and (7) Agree to routine monitoring by Code Enforcement Officers to ensure standards are being met.
9. Compliance-Code Enforcement Officers will be tasked to oversee emergency shelter compliance matters on new shelters, which include periodic site visits and verification that new shelters are operating in accordance with health and safety standards set by the Department of Public Health. Existing shelters fall under the guidance of the Department of Public Health. The Code Enforcement Division Packet Pg. 519
intends to hire five (5) additional Code Enforcement Officers to help with city-wide code-related activities that includes new shelter oversight. Further information related to the cost of hiring additional Code Enforcement Officers will be forthcoming.
a. Code Enforcement does not govern shelters, but they can identify and follow-up on issues or concerns, perform routine visits and report health and safety violations to the Department of Public Health.
10.Emergency Shelter Zone Overlay- On December 6, 2010, City Council adopted Ordinance No. 1342 which created the Emergency Shelter Overlay District in response to the need for available and affordable emergency shelter sites. The effect of the Emergency Shelter Overlay Zone Maps (Attachment 1) was to define areas of the city where emergency shelters would be permitted with administrative approval and to add development standards within those designated zones. The Emergency Shelter Overlay zone delineates six areas of the city for development of emergency shelters within the Commercial Heavy (CH), Light Industrial (IL) and Office Park Industrial (OIP) zones. Staff developed a timeline evaluation (Table 1) which identifies a streamlined processing procedure for Emergency Shelter development applications within the six approved Emergency Shelter Overlay areas of the city. This table also delineates the processing procedure and timeline for emergency shelters in other areas of the city zoned to allow Emergency Shelters through a discretionary process. Table 2 identifies the significant amount of time saved under the streamlined ministerial process.
Within the Office Park Industrial (OIP), Light Industrial (IL) and Commercial Heavy (CH) zones, an administrative approval is required as outlined by the Emergency Shelter Overlay Zone. This process is proposed to be streamlined through the Housing and Planning Divisions, to require 45 to 60 days for review and approval.
Currently, this process requires three to six months.
Projects within the Industrial Heavy (IH) and Industrial Extractive (IE) zones require Development Review Committee approval per the provisions contained in the City’s development code. The Development Review Committee is comprised of Fire, Public Works, Planning, Building & Safety and Water Department staff.
Although the IH and IE zones are not within the Emergency Shelter Overlay, this process is proposed to be streamlined to require 45 to 75 days for review and approval. Currently, this process requires three to six months.
Applications for Emergency Shelters proposed in Residential Medium (RM), Residential Medium High (RMH), Residential High (RH) and Commercial Regional Downtown (CR-2) zones require review through a Conditional Use Permit which is also proposed to have a streamlined timeline of 75-90 days for review and approval. Currently, this process requires six to nine months.
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Table 1
Table 2
11.Community Partners- The City continues to collaborate with community partners to assist the homeless community as well as individuals at risk of becoming homeless. The City’s Homeless Services Coordinator is building relationships with local service providers to improve emergency shelter access, access to permanent housing, food stability, showers and street medicine. Below Packet Pg. 521
is a list of active City partners and the services they provide. This is not an exhaustive list, but it highlights the level of services offered to unhoused individuals. This list does not include the City’s new Homeless Outreach Provider, who will soon go online once their contract is approved by Council. • Lutheran Social Services-Emergency Shelter, Supportive Services • Mary’s Mercy Center-Emergency Shelter, Rental Assistance • Salvation Army-Shelter for Families with Children, Street Outreach, Supportive Services
• Loma Linda University Church-Mobile Showers, Mobile Clinic, Supportive Services
• Independent Trinity Church-Mobile Showers, Meals, Clothing • Lestonic-Stationary Free Clinic and Street Medicine Mobile Unit (focus is on Perris Hill Park)
• Health Care in Action-Street Medicine (Free Health Screenings, Assistance with Medications,
• Community Action Partnership-Rental Assistance, Utility Assistance, Motel Vouchers, Mobile Showers
• Catholic Charities- Rental Assistance, Bridge to Placement, Community Resources
• San Bernardino County HOPE Team-Homeless Outreach
• San Bernardino County InnROADs-Mobile Unit providing Mental Health Services, Medication, Counseling and Connection to Housing • Department of Aging & Adult Services- Assist Seniors with Housing and Relocation Expenses
• Keys Non-Profit-Master Leasing/Housing Support
• Lighthouse Social Services-Family Stabilization, Housing, Supportive Services
• Operation Grace-Family Shelter, Transitional Housing, Support Services • The Way Outreach-Transitional Housing Support, Meals, Job Training, Support Services
• US Vets-Housing Assistance and Support Services for Veterans • Time for Change-Housing and Supportive Services for Women with Children • Windsor Clinic-24 hr. Walk-in-Crisis Clinic
• Inland Fair Housing & Mediation Board
• Legal Aide Society of San Bernardino
• Nehemiah Charitable Fund
Reallocation of ARPA Funds
On December 7, 2022, the Mayor, and City Council approved $900,000 in ARPA funds towards the predevelopment of student housing with San Bernardino Valley College (SBVC) through an anticipated Homekey partnership and approved $150,000 in American Rescue Plan Act (ARPA) funds to create a Relocation Assistance Program to help disenfranchised residents residing in the American Sports University (ASU) located at 340 W 4th Street. Staff is asking Packet Pg. 522
that any and all remaining ARPA funds be reallocated for the following reasons:
a. SBVC recently determined that it not financially capable of partnering with the City on a Homekey Grant to build student housing and has rescinded the City’s award of $900,000 in ARPA funds.
b. Staff were able to verify and assist fifty-one (51) ASU residents through the Relocation Assistance Program, providing financial assistance in the amount of $1500 per person/household. Of the program’s initial budget of $150,000, $73,500 remains.
The remaining ARPA funds from both projects total $973,500. Staff request the entire $973,500 be reallocated towards interim housing for unhoused individuals during the City’s development of SB HOPE Campus.
2021-2025 Strategic Targets and Goals
The application of Homekey funding, the reallocation of ARPA funds to address homelessness in the City, the expansion of mobile showers, the Professional Service Agreement for Homeless Outreach and a direct service contract to establish a developer and lead operator for SB HOPE Campus will help to improve the lives of unhoused residents and alleviate the negative impact homelessness has on the community, which aligns with Strategic Target and Goals No. 3, Improved Quality of Life.
• Enhances quality of life service and public safety models to benefit all residents. • Minimizes the risk of litigation from homeless advocates. • The ability to clear up parks and public spaces thereby Improving the City’s appearance, cleanliness, and attractiveness.
Fiscal Impact
There is no fiscal impact to the General Fund with this item. The reallocation of ARPA funds is needed to better align with the City’s response to its Homeless Crisis.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2023-075 authorizing the City of San Bernardino to submit a joint application with Hope the Mission to apply for Homekey 3.0 grant funding for the development SB HOPE Campus and authorize the City Manager, or designee, to sign any documents that may be required to apply for funding, including making minor and non-substantive changes;
2. Approve the Professional Service Agreement with Hope the Mission to oversee the City’s Homeless Outreach Project;
3. Authorize staff to negotiate and bring back a contract with Hope the Mission to act as developer and lead operator of the Navigation Center (SB HOPE Campus); Packet Pg. 523
4. Approve the Mobile Shower Pilot Agreement between the City of San Bernardino (City) and Community Action Partnership of San Bernardino County (CAPSBC), from June 1, 2023, to May 31, 2024, in a total amount not to exceed $150,000 of American Rescue Plan Act (ARPA) funding;
5. Approve the reallocation of $973,500 in ARPA funds from San Bernardino Valley College and the City’s Relocation Assistance Program to provide interim housing for unhoused individuals during the development of the SB HOPE Campus; and
6. Adopt Resolution No. 2023-076 the City of San Bernardino Homelessness State of Emergency Implementation Plan.
Attachments
Attachment 1 2023 SBC Point in Time Count
Attachment 2 Resolution 2023-075Homekey with Hope the Mission Attachment 3 CAPSBC Mobile Shower Agreement
Attachment 4 Homeless Street Outreach PSA
Attachment 5 SB HOPE Campus Council Update
Attachment 6 Emergency Shelter Overlay Maps
Attachment 7 Resolution No.2023-076 to Adopt Homelessness State of Emergency Implementation Plan
Attachment 8 Glossary of Terms
Ward:
All Wards
Synopsis of Previous Council Actions:
August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds.
December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan
December 7, 2022 $24.5 million in American Rescue Plan Act (ARPA) funds to help mitigate homelessness.
February 1, 2023 Mayor and City Council declare a Homelessness State of Emergency
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Acknowledgements
The San Bernardino County Homeless Partnership wishes to thank all the individuals and organizations that contributed to the preparation, implementation, and success of the 2023 Point-In-Time Count and Subpopulation Survey. Such an endeavor would not be possible without the collaboration and efforts of volunteers, community groups, faith- and community-based organizations, county departments, city representatives and staff, homeless service providers, law enforcement and elected officials. Your hard work, time, and dedication to ending homelessness are greatly appreciated.
Special thanks to the 583 community volunteers from across San Bernardino County who canvassed areas iden�fied as “green count zones” the morning of January 26, to complete the 2023 Point-In-Time-Count and Subpopula�on Survey.
Special thanks to the following agencies and community organiza�ons that contributed staff �me, support and resources, and office space for planning, training, and development ac�vi�es to help make the 2023 Point-In-Time Count and Subpopula�on Survey a success:
Church for Whosoever – Apple Valley
Church of Latter-Day Saints – Redlands
City of Adelanto
City of Big Bear Lake
City of Barstow
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
City of Highland
City of Loma Linda
City of Montclair
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Community Action Partnership
ESRI
Family Assistance Program
Good Shepherd Lutheran Church – Yucaipa
Inland Empire Health Plan – IEHP
Knowledge & Education for Your Success – KEYS
Mercy House – Ontario
Morongo Basin Haven
Mountain Homeless Coalition
New Hope Village
Office of Homeless Services
Redlands Charitable Resources Coalition
San Bernardino County Administrative Office –
Communications Team
San Bernardino County Aging and Adult Services
San Bernardino County Board of Supervisors
San Bernardino County Children and Family Services
San Bernardino County Community Revitalization
San Bernardino County Department of Behavioral Health
– InnROADS
San Bernardino County Department of Public Health
San Bernardino County Human Services
San Bernardino County Human Resources
San Bernardino County Information Services Department
San Bernardino County Library
San Bernardino County Probation Department
San Bernardino County Program Development Division
San Bernardino County Purchasing Department
San Bernardino County Sheriff’s Department
San Bernardino County Sheriff’s Department – Homeless
Outreach Proactive Enforcement (HOPE) Team
St. Richards Episcopal Church – Skyforest
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Step Up on Second
Social Work Action Group (SWAG)
Town of Apple Valley
Town of Yucca Valley
United States Veterans Administration – Loma Linda
Healthcare System
Victor Valley Resource Center
Water of Life Community Church/Citylink
PITC City and Agency Leads
Alexis Salcedo
Alma Hernandez
Ana Ordonez
Annette Karnes
Antoinette (Netty) Jackson
Ashley Esquivel
Barrie Owens
Brenda Lopez
Brent Rolf
Caleb Enriquez
Christina Rudsell
Christopher Giunta
Cynthia Alvarado
Darryl Evey
David Rabindranath
Debra Breidenbach-Sterling
Deputy Branden Davault
Deputy Mike Jones
Deputy Pat Rassmussen
Deputy Vicky Whitworth
Deputy Zakkary Planz
Detective C. Delaney
Erika Lewis-Huntley
Geovanni Quiroz
Jhocelyn Diaz-Reyes
Jobi Wood
Kellie Whitt
Leander Rodriguez
Lieutenant Raul Fileto
Lois Levitt
Maribel Hernandez
Mario Flores
Marlandra Johnson
Matt Hickey
Melinda Sayre
Michelle Meza
Misti Hunt
Natalie Komuro
Officer Robert Hargett
Sheree Lewis
Silvia Urenda
Sue Walker
Tim Johnson
Tom Hernandez
Tom Ingles
Tricia Gonzales
Vanessa Cabrera
Wendell Wilson
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4 Special thanks to the San Bernardino County Information Technology Department (ITD) for their expertise and guidance concerning the design and implementation of the homeless count mobile app, providing targeted mapping, and for data cleaning.
Brent Rolfe, Systems Development Team Leader
Lindsay King, GIS Business System Analyst
Natalie M. Campos, Business System Analyst III
Special thanks to our research consultants, the Institute for Urban Initiatives, for their expertise and guidance through the entire Point-In-Time Count and Subpopulation Survey process, including methodology development and implementation, planning coordination and guidance, and production of the final report.
Joe Colletti, PhD, Executive Director
Sofia Herrera, PhD, Research Director
Thelma Herrera, Graphic Designer
Christy Hamilton, Research Project Manager
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5 Table of Contents
Page
Executive Summary 6
Background Information 11
When was the Count conducted? 11
Who was counted? 11
Who was not counted? 12
Who carried out the Count? 13
Methodology 14
Unsheltered Count and Survey 14
Sheltered Count 15
Unsheltered Homelessness 16
Sheltered Homelessness 23
Key Findings 25
Appendix A: 26
Findings for Each Jurisdiction in Which at Least 50 Adults were counted as Unsheltered
Appendix B: 91
Unsheltered Count Survey
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6 Executive Summary
There were 4,195 adults and children who were counted as homeless during the 2023 Point-inTime Count and Survey. The previous point-in-time homeless count and survey was completed in 2022 during which 3,333 persons were counted. A comparison of last two counts reveals that • 862 more persons were counted in 2023, which represents an increase of 25.9%; • 587 more persons were counted as unsheltered in 2023 when compared to the unsheltered count in 2022, which represents an increase of 24.6%; and • 275 more persons were counted as sheltered in 2023 when compared to the sheltered count in 2022, which represents an increase of 29.1%.
Table 1. Comparison of 2022 and 2023 Homeless Counts
Sheltered Unsheltered Total
2022 Homeless Count 944 2,389 3,333
2023 Homeless Count 1,219 2,976 4,195
Difference: +275 (+29.1%) +587 (24.6%) +862 (25.9%)
Regarding sheltered homelessness, HUD states that
• CoCs must count all individuals or families who meet the criteria in paragraph (1)(ii) of the homeless definition in 24 CFR 578.3. This includes individuals and families “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 charitable organizations or by federal, state, or local government programs for low-income individuals)” on the night designated for the count. This includes individuals residing in Safe Haven projects.
Regarding unsheltered homelessness, HUD states that
• CoCs must count all individuals or families who meet the criteria in paragraph (1)(i) of the homeless definition in 24 CFR 578.3. This includes individuals and families “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” on the night designated for the count. Rapid Re-Housing (RRH) assisted households who are Packet Pg. 530
7 still unsheltered on the night of the count (e.g., staying in an encampment and being assisted by an RRH project to obtain housing) must be included as part of the unsheltered count.
The following chart shows that the number of persons counted as unsheltered and sheltered in 2018 was 2,118 and 4,195 in 2023, which represents an increase of 2,077 persons or 98.1%.
Chart 1. Persons Counted 2018 - 2023
The following table provides a breakdown of the total number of sheltered and unsheltered persons counted in 2023 by jurisdiction.
Table 2. Total Number of Sheltered and Unsheltered Adults and Children by Jurisdiction Jurisdiction Sheltered Unsheltered Total
Shelter Transitional
Housing
Adelanto 0 13 22 35
Apple Valley 3 0 32 35
Barstow 42 24 88 154
Big Bear City/Sugarloaf 0 0 2 2
Big Bear Lake 5 13 18 36
Bloomington/Crestmore 0 0 25 25
Blue Jay 0 0 3 3
Cajon Canyon 0 0 4 4
Cedarpines Park 0 0 1 1
Chino 0 0 28 28
2,118
2,607
3,125 3,333
4,195
0 500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
2018 2019 2020 2022 2023
Total Number of Persons Counted as Homeless
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8 Chino Hills 0 0 4 4
Colton 62 0 150 212
Crestline 2 0 10 12
Devore 0 0 5 5
Fontana 0 0 240 240
Grand Terrace 0 0 6 6
Hesperia 5 0 59 64
Highland 25 0 61 86
Joshua Tree 0 0 42 42
Lake Arrowhead 2 0 2 4
Landers 0 0 2 2
Lenwood 0 0 0 0
Loma Linda 0 0 17 17
Lytle Creek 0 0 0 0
Mentone/Crafton 2 0 6 8
Montclair 0 0 71 71
Morongo Valley 0 0 0 0
Muscoy 0 0 13 13
Needles 0 0 6 6
Ontario 69 11 107 187
Phelan/Pinion Hills 0 0 4 4
Rancho Cucamonga 0 0 70 70
Redlands 29 51 244 324
Rialto 0 0 70 70
Running Springs 0 0 3 3
San Bernardino 276 209 1,017 1,502
Skyforest 0 0 1 1
Twentynine Palms 0 0 75 75
Twin Peaks 0 0 5 5
Upland 0 48 32 80
Valley of Enchantment 0 0 6 6
Victorville 219 71 317 607
West Cajon Valley 0 0 0 0
Yermo 0 0 0 0
Yucaipa 8 0 22 30
Yucca Valley 23 7 80 110
Countywide or Unknown 0 0 6 6
Total: 772 447 2,976 4,195
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9 Table 3 notes that more than three-fourths (76.9%) or 3,226 of the 4,195 homeless adults and children were counted within seven cities that include Barstow, Colton, Fontana, Ontario, Redlands, San Bernardino, and Victorville. These seven cities accounted for 2,163 nearly threefourths (72.7%) or 2,163 of the total unsheltered population of 2,976 and 1,063 or 87.2% of the 1,219 persons counted in shelters and transitional housing.
Table 3. Jurisdictions with Largest Number of Homeless Persons Jurisdiction Sheltered Unsheltered Total
Shelter Transitional
Housing
County 772 447 2,976 4,195
Barstow 42 24 88 154
Colton 62 0 150 212
Fontana 0 0 240 240
Ontario 69 11 107 187
Redlands 29 51 244 324
San Bernardino 276 209 1,017 1,502
Victorville 219 71 317 607
Total: 697 366 2,163 3,226
Table 4 compares the total number of unsheltered persons, sheltered persons, and the total number counted in 2022 to 2020 for incorporated and various unincorporated areas.
Table 4. 2022 Comparison of Total Number of Persons Counted in 2022 to 2023 by Jurisdiction Incorporated and
Unincorporated
Areas
Total
Number of
Unsheltered Persons
Total
Number of
Sheltered Persons
Total
Number
2022 2023 Difference 2022 2023 Difference 2022 2023 Difference # # # %* # # # %* # # # %*
Adelanto 7 22 +15 * 18 13 -5 -28 25 35 +10 +40
Apple Valley 26 32 +6 +23 1 3 -2 -200 27 35 +8 +30
Barstow 54 88 +34 +63 49 66 +17 +35 103 154 +51 +50
Big Bear City/
Sugarloaf 1 2 +1 +100 0 0 0 0 1 2 +1 +100
Big Bear Lake 12 18 +6 +50 25 18 -7 -28 37 36 -1 -3
Bloomington/
Crestmore 11 25 +14 +127 0 0 0 0 11 25 +14 +127
Blue Jay 0 3 +3 * 0 0 0 0 0 3 +3 *
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10 Cajon Canyon 0 4 +4 * 0 0 0 0 0 4 +4 *
Cedarpines Park 0 1 +1 +100 0 0 0 0 0 1 +1 +100
Chino 23 28 +5 +22 0 0 0 0 23 28 +5 +22
Chino Hills 4 4 0 0 0 0 0 0 4 4 0 0
Colton 199 150 +49 +25 0 62 +62 * 199 212 +13 +7
Crestline 13 10 -3 -23 0 2 +2 +200 13 12 -1 -8
Devore 0 5 +5 * 0 0 0 0 0 5 +5 *
Fontana 149 240 +91 +61 7 0 -7 * 156 240 +84 +54
Grand Terrace 1 6 +5 * 0 0 0 0 1 6 +5 *
Hesperia 39 59 +20 +51 14 5 -9 -64 53 64 +11 +21
Highland 82 61 -21 -26 0 25 +25 * 82 86 +4 +5
Joshua Tree 28 42 +14 +50 0 0 0 0 28 42 +14 +50
Lake Arrowhead 1 2 +1 +100 0 2 +2 +200 1 4 +3 *
Landers 4 2 -2 -50 0 0 0 0 4 2 -2 -50
Lenwood 0 0 0 0 0 0 0 0 0 0 0 0
Loma Linda 9 17 +8 +89 0 0 0 0 9 17 +8 +89
Lytle Creek 0 0 0 0 0 0 0 0 0 0 0 0
Mentone/Crafton 0 6 +6 * 0 2 +2 +200 0 8 +8 *
Montclair 37 71 +34 +92 0 0 0 0 37 71 +34 +92
Morongo Valley 0 0 0 0 0 0 0 0 0 0 0 0
Muscoy 13 13 0 0 0 0 0 0 13 13 0 0
Needles 9 6 -3 -33 0 0 0 0 9 6 -3 -33
Ontario 105 107 +2 +2 88 80 -8 -9 193 187 -6 -3
Phelan/Pinion
Hills 1 4 +3 * 0 0 0 0 1 4 +3 *
Rancho
Cucamonga 47 70 +23 +49 0 0 0 0 47 70 +23 +49
Redlands 99 244 +145 +146 85 80 -5 -6 184 324 +140 +76
Rialto 70 70 0 0 0 0 0 0 70 70 0 0
Running Springs 7 3 -4 -57 0 0 0 0 7 3 -4 -57
San Bernardino 992 1,017 +25 +3 358 485 +127 +35 1,350 1,502 +152 +11 Skyforest 0 1 +1 +100 0 0 0 0 0 1 +1 +100
Twentynine Palms 14 75 +61 * 1 0 -1 -100 15 75 +60 *
Twin Peaks 0 5 +5 * 0 0 0 0 0 5 +5 *
Upland 37 32 -5 -14 52 48 -4 -8 89 80 -9 -10
Valley of
Enchantment 0 6 +6 * 0 0 0 0 0 6 +6 *
Victorville 224 317 +93 +42 231 290 +59 +26 455 607 +152 +33 West Cajon Valley 0 0 0 0 0 0 0 0 0 0 0 0
Yermo 0 0 0 0 0 0 0 0 0 0 0 0
Yucaipa 11 22 +11 +100 0 8 +8 * 11 30 +19 +173
Yucca Valley 42 80 +38 +90 15 30 +15 +100 57 110 +53 +93 Countywide** 18 6 -12 -67 0 0 0 0 18 6 -12 -67
Total: 2,389 2,976 +587 +25 944 1,219 +275 +29 3,333 4,195 +862 +26 *percentages are only provided for differences that were 200% or less. **includes Domestic Violence survivor programs.
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11 Background Information
The U.S. Department of Housing and Urban Development (HUD), as part of its requirements for local Continuums of Care (CoCs) to continue to receive continuum of care funding for homeless persons, requires CoCs to conduct “one-day point-in-time” sheltered and unsheltered homeless counts during the last 10 days of January. The CA-609 San Bernardino City and County CoC is one of nearly 400 jurisdictions nationwide that submit an annual application to HUD for continuum of care funding.
HUD requires CoCs to conduct a sheltered count every year and an unsheltered count every other year. The San Bernardino City and County CoC conducts an annual unsheltered count as do more than half of California’s 44 CoCs.
When was the count conducted?
The unsheltered homeless count was conducted on Thursday, January 26, 2023, and began at 6 a.m. The sheltered count included residents of shelters and transitional housing programs throughout the county who slept in these facilities during the night of January 25 through the early morning of January 26.
HUD allows counting in hard-to-reach and remote places to continue up to seven days after the count as long as persons are asked if they were homeless on the day of the count and a unique identifier is used to prevent duplication. A limited amount of counting occurred during the seven days following the count in a few hard-to-reach and remote places and other places where counting did not take place because of various reasons.
Who was counted?
Per HUD’s instructions, a person was considered homeless, and thus counted, only when they fell within the HUD-based definition by residing in one of the places described below:
• In places not meant for human habita�on, such as cars, parks, sidewalks, and abandoned buildings;
• In an emergency shelter; and
• In transi�onal housing for homeless persons.
Each person who was counted was also asked a series of survey questions that ensured that all HUD required subpopulation data was collected that included adults with:
• HIV/AIDS;
• Serious mental illness; and
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12 • Substance use disorders.
Subpopulations also included:
• Families;
• Chronically homeless families and individuals;
• Veterans; and
• Youth age 18 – 24.
Several questions to gather local desired information were also asked and included:
• In what city did you first become homeless?
• In what city are you living now?
• Did you become homeless for the first �me during the past 12 months? • Have you been released from prison or jail during the last 12 months? • How much is your monthly income?
Who was not counted?
Per HUD’s instructions, a person was not considered homeless if the person resided in one of the following places noted below:
• Medical facili�es, such as hospitals, psychiatric facili�es, and nursing homes; • Jails, prisons, or juvenile deten�on facili�es;
• Chemical dependency facili�es, such as substance use treatment facili�es and detox centers;
• Foster care homes or foster care group homes.
Also, per HUD’s instructions, children identified by McKinney-Vento Homeless Coordinators at schools as homeless should not be counted. Children may be included in the count if they live in an emergency shelter or transitional housing program, or if they are unsheltered.
Lastly, HUD does not consider persons who are “doubled up,” or persons who are “near homelessness” to be homeless but considers them to be at risk of becoming homeless. Thus, such persons were not included in the homeless count.
San Bernardino County, like many other counties, has a substantial number of households that are at risk of becoming homeless. The Census Bureau noted that 13.2 percent or approximately 110,000 households (consisting of approximately 333,000 residents) in the county were living at or below the poverty level as reported in the 2022 American Community Survey.
Many of these persons can become homeless because of social structural issues such as increases in rent, loss of jobs, and rising health care costs. In addition, personal experiences such as Packet Pg. 536
13 domestic violence, physical disabilities, mental illness, and substance abuse can cause members of a low-income household or an entire household to become homeless. Often, one or more of these causes factor into a household’s homelessness experience.
Who carried out the count?
The homeless count and subpopulation survey was a joint effort of the San Bernardino County Homeless Partnership, the San Bernardino County Office of Homeless Services, and the Institute for Urban Initiatives. More than 800 community volunteers were recruited to execute the count and subpopulation survey. As noted in the Acknowledgements section of this report, there were 38 agencies, plus 24 cities and towns, that contributed staff time and office space for the training and deployment of counters and there were 24 law enforcement agencies that provided their time, knowledge, and expertise regarding locations of homeless persons. Also, there were nearly 16 agencies and county departments that helped with the planning process, including the San Bernardino County Innovation and Technology Department (ITD), which created maps to guide counters.
The San Bernardino County Homeless Partnership (SBCHP) was formed to provide a more focused approach to issues of homelessness within San Bernardino County. Its primary purpose is to develop a countywide public and private partnership and to coordinate services and resources to reduce homelessness in San Bernardino County. The partnership consists of community and faith-based organizations, educational institutions, non-profit organizations, private industry, and federal, state, and local governments. SBCHP was developed to promote a strong collaboration between agencies to direct the planning, development, and implementation of the county’s strategy to prevent and reduce homelessness. The partnership provides leadership in creating a comprehensive countywide network of service delivery to homeless and near-homeless households by facilitating better communication, planning, coordination, and cooperation among all entities that provide services and/or resources to relieve homelessness.
The San Bernardino County Office of Homeless Services (OHS) serves as a “clearinghouse” of homeless issues for all county departments. Any homeless issues encountered by county staff can be referred to this office for resolution. OHS staff plays a vital role in the San Bernardino County Homeless Partnership as the administrative support unit to the organization. OHS ensures that SBCHP’s vision, mission and goals are carried into effect.
The Hub for Urban Initiatives consists of several community- and faith-based institutes that respond to the economic, housing, and social needs of neighborhoods, cities, and counties from local community, regional, national, international, and faith-based perspectives. Urban Initiatives has completed over 100 assessments for local government and private organizations throughout Southern California that have focused on affordable housing, business development and education for micro-businesses, fair housing, homelessness, migrant farming, and street vending.
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14 Methodology
Unsheltered Count and Survey
To conduct the count, Esri’s ArcGIS software platform was used. The 2023 Homeless Point-inTime Count was a configuration of Survey 123 for ArcGIS and Operations Dashboard for ArcGIS that was used by the county’s Office of Homeless Services in partnership with the Innovation and Technology Department to conduct the 2023 homeless count and survey.
The Homeless Point-in-Time Count efforts included the following applications:
• Homeless count survey, which included nearly 30 questions to meet HUD requirements concerning the collection of data for designated subpopulations and to meet local requests for additional information about the homeless population; • Homeless count dashboard, which was used to monitor results of the point-in-time count in real time; and
• Homeless count results application that provided for instant viewing of data and tables that detailed point-in-time results.
A digital survey form was designed to simplify the surveyor’s experience; only relevant questions were displayed based on the answers input, eliminating the need for surveyors to devote time and effort to determine which questions to ask, and resulting in a streamlined surveying experience.
Additional logic was built into the form to perform calculations behind-the-scenes. For example, the form combined the answers from a subset of questions to determine whether the respondent met HUD’s definition of chronically homeless and calculated the result instantly as the survey was completed. Extensive testing was conducted to ensure the various combinations of factors were all successfully calculated to a correct result. These calculations allowed for real-time monitoring of such metrics as the count was taking place using an Operations Dashboard, ultimately eliminating the need for the calculations after the count was completed.
An added benefit of using digital surveys was the capture of location information. When a survey was conducted, the global positioning system (GPS) location of the surveyor’s mobile device was captured, providing the geographic location of where the survey took place, and opening up opportunities for mapping and analyses not possible in previous years. (For safety and privacy reasons, location information was not captured for surveys of sheltered homeless persons.) Upon completion of the count, the data were examined and scrubbed to remove any invalid records, such as practice surveys submitted before the official start of the count. Steps were also taken to ensure that duplicate records – instances where the same individual was surveyed more than once in the same location – were identified and removed.
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15 Closer monitoring of undercounted areas
As previously noted, the ESRI Survey 123 app provided the ability for a homeless count dashboard, which was used to monitor results of the Point-in-Time Count in real-time. This provided instant viewing of data points on the dashboard in the command center during the time of the count. Each data point represented a household counted.
During the count, if data points did not appear in areas where homeless persons were known to live, volunteers were sent to the area to count, and persons counted were included in the total count if they were not previously counted.
After the count, if data points did not appear in areas where homeless persons were known to live, professional outreach workers were sent to those areas the next day and persons were included in the total count if they were not previously counted. HUD allows for next day counting based upon two conditions: 1) any homeless persons encountered be asked if they were homeless on the day of the count and 2) a unique identifier must be created for that person.
A unique identifier was created for all persons counted on the day of the count and the day after the count. If the same unique identifier appeared twice, it was assumed that it was the same person; also, a person was only included once in the total count if the person stated “yes” when asked “if they were homeless on the day of the count,” which was Thursday, January 26th.
Analyzing the subpopulation data
Only adults and unaccompanied teenage children who are counted are surveyed, accompanied children in families are not. Of the 2,959 adults and unaccompanied children under 18 counted, 1,743 or 59% were surveyed and 1,216 or 41% were observed. Counters were instructed to record “no” in the digital survey form for question 4, “Are you able to interview this person” and to give their best guess-estimate for questions 5 – 8, which asked for gender, age, ethnicity, and race, if they believed there was a safety issue, a persons was sleeping, or a person refused to be interviewed.
Sheltered
HUD encourages the use of Homeless Management Information Services (HMIS) data to generate sheltered counts and subpopulation data for programs with 100% of beds participating in HMIS.
Therefore, HMIS was used to gather the total number of occupied beds and the number of persons for each subpopulation.
A data collection instrument was used to collect the total number of occupied beds and the number of persons for each subpopulation for non-participating HMIS programs and for HMIS participating agencies whose HMIS data is incomplete and/or incorrect. The same questions used to collect subpopulation data through HMIS were used for the data collection instrument.
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16 Unsheltered Homelessness
Of the 4,195 persons counted as homeless in 2023, 2,976 or nearly three-fourths (70.9%) were unsheltered, which is defined by HUD as
“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.”
HUD also requires that the total number of unsheltered and sheltered adults be broken down by various subpopulations including age, gender, race, and ethnicity. Of the 2,976 unsheltered persons counted, 2,948 were adults, 11 were unaccompanied children under age 18, and 17 were children under age 18 in families.
HUD requires that the following demographic information be included in the Point-in-Time Count chart submission to HUD: Gender, Ethnicity, Race, and Age. Thus, the following questions were included in the homeless count survey:
What is Your Gender?
The following table provides a breakdown by gender for adults, unaccompanied youth under age 18, and accompanied children under age 18 in families. HUD requires the summary to consist of men, women, transgender, gender non-conforming (i.e., not exclusively male or female), and questioning.
Nearly three-fourths (70.8%) of adults were male and more than one-fourth (28.3%) of adults were female.
More than half (54.5%) of unaccompanied youth under age 18 were male and a little less than half (45.5%) were female.
Nearly half (47.1%) of accompanied children under age 18 in families were male and nearly half (47.1%) were female.
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17 Table 5. Breakdown by Gender
Adults
Unaccompanied
Youth Under
Age 18
Accompanied
Children Under
Age 18 in Families
# % # % # %
Male 2,087 70.8 6 54.5 8 47.1
Female 834 28.3 5 45.5 8 47.1
Transgender 3 0.1 0 0.0 0 0.0
Gender Non-Conforming 15 0.5 0 0.0 0 0.0
Questioning 0 0.0 0 0.0 0 0.0
Unknown 9 0.3 0 0.0 1 5.8
Total: 2,948 100 11 100 17 100
Are You Hispanic/Latin(a)(o)(x)?
Table 6 offers a breakdown by ethnicity. HUD requires the summary to consist of Hispanic/Latin (a)(o)(x) and non-Hispanic/Latin(a)(o)(x).
More than one-third (37.1%) of adults and more than one-third (36.4%) of unaccompanied youth under age 18 were Hispanic/Latin(a)(o)(x). Nearly one-fourth (23.5%) of accompanied children under age 18 in families were Hispanic/Latin(a)(o)(x).
Table 6. Breakdown by Ethnicity
Adults
Unaccompanied
Youth Under
Age 18
Accompanied
Children Under
Age 18 in Families
# % # % # %
Hispanic/Latin(a)(o)(x) 1,094 37.1 4 36.4 4 23.5
Non-Hispanic/Latin(a)(o)(x) 1,813 61.5 7 63.6 12 70.6
Unknown 41 1.4 0 0.0 1 5.9
Total: 2,948 100 11 100 17 100
What is Your Race?
The following table provides a breakdown by race.
Nearly half (49.8%) of adults identified as White, nearly half (45.4%) of unaccompanied youth under age 18 identified as multiple races, and more than half of accompanied children under age 18 in families were identified as Black, African American, or African by an adult in family.
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18 Table 7. Breakdown by Race
Adults
Unaccompanied
Youth Under
Age 18
Accompanied
Children Under
Age 18 in Families
# % # % # %
American Indian, Alaska
Native, or Indigenous 106 3.6 0 0.0 0 0.0
Asian or Asian American 35 1.2 0 0.0 0 0.0
Black, African American,
or African 590 20.0 2 18.2 10 58.8
Native Hawaiian or
Other Pacific Islander 35 1.2 0 0.0 0 0.0
White 1,468 49.8 4 36.4 4 23.5
Multiple Races 528 17.9 5 45.4 2 11.8
Unknown 186 6.3 0 0.0 1 5.9
Total: 2,948 100 11 100 17 100
How Old Are You?
Table 8 offers a breakdown by age for adults according to HUD required age groups.
More than half (53.3%) of adults were age 44 or younger: 5.1% were age 18 – 24; 22.0% were age 25 – 34; and 26.2% were age 35 – 44.
Less than half (46.7%) of adults were age 45 or older: 22.5% were age 45 – 54; 18.8% were age 55 – 64; and 5.4% were age 65+.
Table 8. Breakdown by Age for Adults
Adults # %
Age 18 – 24 150 5.1
Age 25 – 34 649 22.0
Age 35 – 44 773 26.2
Age 45 – 54 663 22.5
Age 55 – 64 554 18.8
Age 65+ 159 5.4
Total: 2,948 100
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19 The next table notes that more than half (55.5%) or 6 of the 11 unaccompanied children under age 18 were 17 years old and less than half (45.5%) or 5 of the 11 were age 16.
Table 9. Breakdown by Age for Unaccompanied Children Under Age 18 Unaccompanied Children Under Age 18 # %
Age 16 5 45.5
Age 17 6 55.5
Total: 11 100
Other Subpopulations
Table 10 provides a breakdown of other subpopulations for adults.
Table 10. Breakdown by Subpopulations (n=2,948)
Subpopulations: # %
Chronically Homeless Adults 1,300 44.1
Families including Chronically Homeless Families* 11 ** Persons w/HIV/AIDS 35 1.2
Persons w/Mental Health Problems 646 21.9
Substance Users 929 31.5
Veterans*** 203 6.9
Experiencing Homelessness Due to Fleeing Domestic
Violence, Dating Violence, Sexual Assault, or Stalking 268 9.1 *Families:
• Of the 11 families, 4 were chronically homeless that included 4 adults and 5 children. • The total number of adults in the 11 families was 14 and represents 0.5% of the total adult popula�on of 2,948.
**11 families consisted of 14 adults and 17 children.
***Veterans:
• 46.2% or 94 of the 203 veterans were chronically homeless.
Other Survey Questions
Other questions were included in the survey that were not required by HUD and include Packet Pg. 543
20 • Did you become homeless for the first time during the past 12 months? o Of the 1,732 adults who were interviewed, 691 or 39.9% stated “yes.” • Has a doctor or other medical professional ever told you that you have a chronic health condition that is life-threatening such as heart, lung, liver, kidney, or cancerous disease?
o Of the 1,732 adults who were interviewed, 245 or 14.1% stated “yes.” • Have you ever been in foster care?
o Of the 1,732 adults who were interviewed, 217 or 12.5% stated “yes.” • Have you been incarcerated during the last 12 months? o Of the 1,732 adults who were interviewed, 396 or 22.9% stated “yes.” • How much is your monthly income?
o As noted in the following chart, more than three-fourths (77%) of survey respondents had no monthly income (63%) or monthly income of $500 or less (14%).
Chart 2. Monthly Income
1,096
234
142 152 108
63%
14%
8% 9%
6%
0%
10%
20%
30%
40%
50%
60%
70%
0 200
400
600
800
1,000
1,200
No Income $1 - $500 $501 - $1000 More than $1000 Unknown How Much is Your Monthly Income
Number Percent
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21 • In what city did you first become homeless?
Table 11 notes the responses from the 1,732 adults who were interviewed. For example, 556 adults or 32.1% stated the City of San Bernardino.
Table 11. City First Homeless
Jurisdiction # %
Adelanto 20 1.2
Apple Valley 36 2.1
Barstow 33 1.9
Big Bear City/Sugarloaf 12 0.7
Big Bear Lake 0 0.0
Bloomington/Crestmore 14 0.8
Blue Jay 0 0.0
Cajon Canyon 0 0.0
Cedarpines Park 0 0.0
Chino 16 0.9
Chino Hills 0 0.0
Colton 46 2.7
Crestline 11 0.6
Devore 0 0.0
Fontana 107 6.2
Grand Terrace 2 0.1
Hesperia 36 2.1
Highland 27 1.6
Joshua Tree 0 0.0
Lake Arrowhead 0 0.0
Landers 0 0.0
Lenwood 0 0.0
Loma Linda 5 0.3
Lytle Creek 0 0.0
Mentone/Crafton 10 0.6
Montclair 9 0.5
Morongo Valley 3 0.2
Muscoy 0 0.0
Needles 3 0.2
Ontario 52 3.0
Phelan/Pinion Hills 0 0.0
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22 Rancho Cucamonga 30 1.7
Redlands 64 3.7
Rialto 55 3.2
Running Springs 0 0.0
San Bernardino 556 32.1
Skyforest 0 0.0
Twentynine Palms 28 1.6
Twin Peaks 4 0.2
Upland 17 1.0
Valley of Enchantment 0 0.0
Victorville 132 7.6
West Cajon Valley 0 0.0
Yermo 0 0.0
Yucaipa 12 0.7
Yucca Valley 43 2.5
Outside of San Bernardino 128 7.4
Outside of California 36 2.1
Outside of the United States 2 0.1
Unknown 183 10.5
Total: 1,732 100
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23 Sheltered Homelessness
Of the 4,195 persons counted in 2023, 1,219 persons or 29.1% were sheltered. Among the 1,219 sheltered persons, 772 were counted in shelters or received non-congregate shelter through a motel voucher and 447 were counted in transitional housing programs. HUD states that persons living in shelters and transitional housing programs (including safe haven programs) on the night of the count must be included in the homeless count.
As required by HUD, the sheltered count included the number of persons and households sleeping in emergency shelters (including seasonal shelters) and transitional housing programs that were listed on the Housing Inventory Chart (HIC). In addition, any persons staying in hotels or motels paid for by a social service agency were included in the sheltered count per HUD’s instructions if the voucher program was listed on the Homeless Inventory Count (HIC).
HUD also requires that the total number of sheltered persons be broken down by predesignated subpopulations. The total number of sheltered persons by the pre-designated subpopulations for 2023 are listed in the table on the following page.
The HIC was submitted by OHS staff to HUD by the deadline of April 28, 2023. Prior to the homeless count, the HIC was specifically undated to include any new programs or exclude any programs no longer operational by OHS staff and Key Person Task Force members. A few changes were made to the HIC prior to the count.
HUD encourages the use of HMIS data to generate sheltered counts and subpopulation data for programs with 100% of beds participating in HMIS. Therefore, HMIS was used to gather the total number of occupied beds and the number of persons for each subpopulation. A data collection instrument was used to collect the total number of occupied beds and the number of persons for each subpopulation for non-participating HMIS programs, and for HMIS participating agencies that do not have their HMIS data complete and correct. The same questions used to collect subpopulation data through HMIS were used for the data collection instrument. Thus, sheltered count data for all sheltered programs was gathered either through a data collection sheet or HMIS.
The following table provides a breakdown of the sheltered population of 1,219 adults and children by the subpopulations required by HUD.
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24 Table 12. Sheltered Population (n=1,219)
Subpopulation Number Percent
American Indian, Alaska Native, or Indigenous 36 2.95
Asian or Asian American 8 <1
Black, African American, or African 405 33.2
Chronically Homeless Families (# of families) 3 <1
Chronically Homeless Families (total persons) 7 <1
Chronically Homeless Individuals 122 10
Chronically Homeless Veteran Individuals 14 1.2
Don’t Know (Race) 11 <1
Female 629 51.6
Hispanic/Latin (a)(o)(x) 510 41.8
Households (total number) 872 71.5
Male 586 48.1
Multiple Races 68 5.6
Native Hawaiian or Pacific Islander 4 <1
Gender that is not singularly ‘Female’ or ‘Male’
(e.g., non-binary, genderfluid, agender, culturally
specific gender) 2 <1
Non-Hispanic/Latino (a)(o)(x) 709 58.1
Number of Persons in Households 1219 100
Persons Age 18-24 100 8.2
Persons Age 25-34 197 16.2
Persons Age 35-44 182 14.9
Persons Age 45-54 158 13.0
Persons Age 55-64 153 12.6
Persons Age 65 or Older 121 9.9
Persons with HIV/AIDS 39 3.2
Persons with Mental Health Problems 174 14.3
Persons with Substance Use Problems 95 7.8
Refused to Answer Race 5 <1
Refused to Answer Ethnicity 0 0
Transgender 2 <1
Unaccompanied Women 328 27.0
Veterans 28 2.3
Victims of Domestic Violence 104 8.5
White 682 56.0
Youth Under Age 18-Households w/only children 8 <1
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25 Key Findings
1. The number of adults and children counted as homeless increased by 25.9% when the 2023 point-in-time homeless count of 4,195 is compared to the 2022 point-in-time homeless count of 3,333.
2. The number of adults and children counted as unsheltered increased by 24.6% when the 2023 unsheltered count of 2,976 is compared to the 2022 unsheltered count of 2,389.
3. The number of adults and children counted as sheltered increased by 29.1% when the 2023 sheltered count of 1,219 is compared to the 2022 sheltered count of 944.
4. More than three-fourths (76.9%) or 3,226 of the 4,195 homeless adults and children were counted within seven cities that include Barstow, Colton, Fontana, Ontario, Redlands, San Bernardino, and Victorville.
a. These seven cities accounted for 2,163 or nearly three-fourths (72.7%) of the total unsheltered population of 2,976 and 1,063 or 87.2% of the 1,219 persons counted in shelters and transitional housing.
5. More than one-third (39.9%) of unsheltered adults and children counted as homeless became homeless for the first time during the 12 months prior to the homeless count.
6. Nearly one-third (32.1%) of unsheltered adults stated “City of San Bernardino” when asked in what city did you first become homeless.
7. Nearly half (44.1%) of unsheltered adults were chronically homeless, which is defined as being homeless for one year or more and having a disabling condition such as mental illness, chronic health condition, and a physical disability.
8. Nearly one-fourth (22.9%) of unsheltered adults answered “yes” when asked if they had been incarcerated during the past 12 months.
9. Nearly two-thirds (63%) of unsheltered adults answered “no income” when asked to state their monthly income.
10. More than three-fourths (77%) of unsheltered adults answered either “no income” (63%) or “less than $500” (14%) when asked to state their monthly income.
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26 Appendix A:
Findings for Each Jurisdiction With
Five Unsheltered Adults or More
(NOTE: Percentage totals for Age, Gender, Income, and Race may sum slightly more than 100% due to rounding)
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27 Adelanto
Total Number of Unsheltered Adults: 22
Of the 22 adults counted, volunteers were able to administer 13 surveys.
Demographic Information n=13
Number Percent
Age:
18 to 24 0 0.0
25 - 34 4 30.7
35 – 44 2 15.4
45 – 54 3 23.1
55 – 64 3 23.1
65+ 1 7.7
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 8 61.5
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 3 23.1
Foster Care (ever been) 3 23.1
Gender:
Male 9 69.2
Female 4 30.8
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 6 46.2
HIV/AIDS 1 7.7
Incarcerated During the Last 12 Months 2 15.4
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28 Income:
No Monthly Income 6 46.2
$1 - $250 1 7.7
$251 - $500 0 0.0
$501 - $1,000 2 15.4
More Than $1,000 0 0.0
Unknown 4 30.8
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 5 38.5
Physical Disability That Seriously Limits Ability to Live Independently 1 7.7
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 1 7.7
Black, African American, or African 2 15.4
Native Hawaiian or Pacific Islander 0 0.0
White 8 61.5
Multiple Races 1 7.7
Unknown 1 7.7
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 9 69.2
Veteran Status: 1 7.7
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 552
29 Apple Valley
Total Number of Unsheltered Adults: 32
Of the 32 adults counted, volunteers were able to administer 25 surveys.
Demographic Information n=25
Number Percent
Age:
18 to 24 1 4.0
25 - 34 8 32.0
35 – 44 4 16.0
45 – 54 7 28.0
55 – 64 5 20.0
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 28.0
Chronically Homeless 10 40.0
Developmental Disabilities 4 16.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 4 16.0
Foster Care (ever been) 3 12.0
Gender:
Male 19 76.0
Female 6 24.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 8 32.0
HIV/AIDS 0 0.0
Incarcerated During the Last 12 Months 14 56.0
Income:
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30 No Monthly Income 18 72.0
$1 - $250 3 12.0
$251 - $500 0 0.0
$501 - $1,000 3 12.0
More Than $1,000 1 4.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 7 28.0
Physical Disability That Seriously Limits Ability to Live Independently 4 16.0
Race:
American Indian, Alaska Native, or Indigenous 1 4.0
Asian or Asian American 0 0.0
Black, African American, or African 3 12.0
Native Hawaiian or Pacific Islander 0 0.0
White 16 64.0
Multiple Races 4 16.0
Unknown 1 4.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 11 44.0
Veteran Status: 1 4.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 4 16.0 Packet Pg. 554
31 Barstow
Total Number of Unsheltered Adults: 88
Of the 88 adults counted, volunteers were able to administer 47 surveys.
Demographic Information n=47
Number Percent
Age:
18 to 24 2 4.3
25 - 34 6 12.8
35 – 44 10 21.3
45 – 54 12 25.5
55 – 64 15 31.9
65+ 2 4.3
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 14.9
Chronically Homeless 19 40.4
Developmental Disabilities 2 4.3
Ethnicity:
Hispanic/Latin(a)(o)(x) 11 23.4
Foster Care (ever been) 7 14.9
Gender:
Male 36 76.6
Female 11 23.4
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 19 40.4
HIV/AIDS 1 2.1
Packet Pg. 555
32 Incarcerated During the Last 12 Months 8 17.0
Income:
No Monthly Income 33 70.2
$1 - $250 4 8.5
$251 - $500 1 2.1
$501 - $1,000 3 6.4
More Than $1,000 6 12.8
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 19.1
Physical Disability That Seriously Limits Ability to Live Independently 16 34.0
Race:
American Indian, Alaska Native, or Indigenous 2 4.3
Asian or Asian American 0 0.0
Black, African American, or African 8 17.0
Native Hawaiian or Pacific Islander 1 2.1
White 28 59.6
Multiple Races 3 6.4
Unknown 5 10.6
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 6.4
Veteran Status: 4 8.5
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 3 6.4 Packet Pg. 556
33 Big Bear Lake
Total Number of Unsheltered Adults: 18
Of the 18 adults counted, volunteers were able to administer 11 surveys.
Demographic Information n=11
Number Percent
Age:
18 to 24 1 9.1
25 - 34 1 9.1
35 – 44 2 18.2
45 – 54 1 9.1
55 – 64 4 36.4
65+ 2 18.2
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 18.2
Chronically Homeless 7 63.6
Developmental Disabilities 1 9.1
Ethnicity:
Hispanic/Latin(a)(o)(x) 3 27.3
Foster Care (ever been) 0 0.0
Gender:
Male 7 63.6
Female 4 36.4
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 5 45.5
HIV/AIDS 0 0.0
Packet Pg. 557
34 Incarcerated During the Last 12 Months 5 45.5
Income:
No Monthly Income 0 0.0
$1 - $250 3 27.3
$251 - $500 3 27.3
$501 - $1,000 3 27.3
More Than $1,000 2 18.2
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 3 27.3
Physical Disability That Seriously Limits Ability to Live Independently 4 36.4
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 6 54.6
Multiple Races 4 36.4
Unknown 1 9.1
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 7 63.6
Veteran Status: 3 27.3
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 9.1 Packet Pg. 558
35 Bloomington/Crestmore
Total Number of Unsheltered Adults: 24
Of the 18 adults counted, volunteers were able to administer 16 surveys.
Demographic Information n=16
Number Percent
Age:
18 to 24 0 0.0
25 - 34 3 18.8
35 – 44 6 37.5
45 – 54 3 18.8
55 – 64 2 12.5
65+ 2 12.5
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 25.0
Chronically Homeless 10 62.5
Developmental Disabilities 3 18.8
Ethnicity:
Hispanic/Latin(a)(o)(x) 9 56.3
Foster Care (ever been) 2 12.5
Gender:
Male 12 75.0
Female 3 18.8
Transgender 1 6.3
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 2 12.5
HIV/AIDS 0 0.0
Packet Pg. 559
36 Incarcerated During the Last 12 Months 2 12.5
Income:
No Monthly Income 9 56.3
$1 - $250 0 0.0
$251 - $500 1 6.3
$501 - $1,000 2 12.5
More Than $1,000 3 18.8
Unknown 1 6.3
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 7 43.8
Physical Disability That Seriously Limits Ability to Live Independently 6 37.5
Race:
American Indian, Alaska Native, or Indigenous 1 6.3
Asian or Asian American 1 6.3
Black, African American, or African 1 6.3
Native Hawaiian or Pacific Islander 1 6.3
White 10 62.5
Multiple Races 2 12.5
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 8 50.0
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 560
37 Chino
Total Number of Unsheltered Adults: 28
Of the 28 adults counted, volunteers were able to administer 17 surveys.
Demographic Information n=17
Number Percent
Age:
18 to 24 0 0.0
25 - 34 7 41.2
35 – 44 3 17.7
45 – 54 2 11.8
55 – 64 4 23.5
65+ 1 5.9
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 11.8
Chronically Homeless 5 29.4
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 5 29.4
Foster Care (ever been) 2 11.8
Gender:
Male 14 82.4
Female 3 17.7
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 5 29.4
HIV/AIDS 1 5.9
Packet Pg. 561
38 Incarcerated During the Last 12 Months 5 29.4
Income:
No Monthly Income 4 23.5
$1 - $250 4 23.5
$251 - $500 1 5.9
$501 - $1,000 1 5.9
More Than $1,000 7 41.2
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 3 17.7
Physical Disability That Seriously Limits Ability to Live Independently 2 11.8
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 1 5.9
White 11 64.7
Multiple Races 4 23.5
Unknown 1 5.9
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 2 11.8
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 5.9 Packet Pg. 562
39 Colton
Total Number of Unsheltered Adults: 149
Of the 149 adults counted, volunteers were able to administer 88 surveys.
Demographic Information n=88
Number Percent
Age:
18 to 24 2 2.3
25 - 34 22 25.0
35 – 44 26 29.6
45 – 54 17 19.3
55 – 64 17 19.3
65+ 4 4.6
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 6 6.8
Chronically Homeless 43 48.9
Developmental Disabilities 1 1.1
Ethnicity:
Hispanic/Latin(a)(o)(x) 45 51.1
Foster Care (ever been) 2 2.3
Gender:
Male 66 75.0
Female 22 25.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 28 31.8
HIV/AIDS 0 0.0
Packet Pg. 563
40 Incarcerated During the Last 12 Months 17 19.3
Income:
No Monthly Income 53 60.2
$1 - $250 5 5.7
$251 - $500 3 3.4
$501 - $1,000 2 2.3
More Than $1,000 3 3.4
Unknown 22 25.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 12 13.6
Physical Disability That Seriously Limits Ability to Live Independently 11 12.5
Race:
American Indian, Alaska Native, or Indigenous 2 2.3
Asian or Asian American 1 1.1
Black, African American, or African 7 8.0
Native Hawaiian or Pacific Islander 0 0.0
White 52 59.1
Multiple Races 21 23.9
Unknown 5 5.6
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 45 51.1
Veteran Status: 2 2.3
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 5 5.7 Packet Pg. 564
41 Crestline
Total Number of Unsheltered Adults: 10
Of the 10 adults counted, volunteers were able to administer 6 surveys.
Demographic Information n=6
Number Percent
Age:
18 to 24 0 0.0
25 - 34 3 50.0
35 – 44 0 0.0
45 – 54 3 50.0
55 – 64 0 0.0
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 4 66.7
Developmental Disabilities 1 16.7
Ethnicity:
Hispanic/Latin(a)(o)(x) 1 16.7
Foster Care (ever been) 0 0.0
Gender:
Male 3 50.0
Female 3 50.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 3 50.0
HIV/AIDS 0 0.0
Packet Pg. 565
42 Incarcerated During the Last 12 Months 1 16.7
Income:
No Monthly Income 5 83.3
$1 - $250 0 0.0
$251 - $500 0 0.0
$501 - $1,000 1 16.7
More Than $1,000 0 0.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 4 66.7
Physical Disability That Seriously Limits Ability to Live Independently 1 16.7
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 2 33.3
Native Hawaiian or Pacific Islander 0 0.0
White 4 66.7
Multiple Races 0 0.0
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 16.7
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 16.7 Packet Pg. 566
43 Devore
Total Number of Unsheltered Adults: 5
Of the 5 adults counted, volunteers were able to administer 3 surveys.
Demographic Information n=3
Number Percent
Age:
18 to 24 0 0.0
25 - 34 0 0.0
35 – 44 0 0.0
45 – 54 2 66.7
55 – 64 1 33.3
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 2 66.7
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 0 0.0
Foster Care (ever been) 0 0.0
Gender:
Male 0 0.0
Female 3 100
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 1 33.3
HIV/AIDS 0 0.0
Packet Pg. 567
44 Incarcerated During the Last 12 Months 2 66.7
Income:
No Monthly Income 1 33.3
$1 - $250 0 0.0
$251 - $500 0 0.0
$501 - $1,000 2 66.7
More Than $1,000 0 0.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 2 66.7
Physical Disability That Seriously Limits Ability to Live Independently 0 0.0
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 3 100
Multiple Races 0 0.0
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 33.3
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 568
45 Fontana
Total Number of Unsheltered Adults: 239
Of the 239 adults counted, volunteers were able to administer 174 surveys.
Demographic Information n=174
Number Percent
Age:
18 to 24 7 4.0
25 - 34 38 21.8
35 – 44 52 29.9
45 – 54 38 21.8
55 – 64 25 14.5
65+ 14 8.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 29 16.7
Chronically Homeless 64 36.8
Developmental Disabilities 18 10.3
Ethnicity:
Hispanic/Latin(a)(o)(x) 88 50.6
Foster Care (ever been) 28 16.1
Gender:
Male 132 75.9
Female 41 23.6
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 1 0.6 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 77 44.3
HIV/AIDS 3 1.7
Packet Pg. 569
46 Incarcerated During the Last 12 Months 53 30.5
Income:
No Monthly Income 107 61.5
$1 - $250 19 10.9
$251 - $500 8 4.6
$501 - $1,000 17 9.8
More Than $1,000 20 11.5
Unknown 3 1.7
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 37 21.3
Physical Disability That Seriously Limits Ability to Live Independently 41 23.6
Race:
American Indian, Alaska Native, or Indigenous 7 4.0
Asian or Asian American 4 2.3
Black, African American, or African 30 17.2
Native Hawaiian or Pacific Islander 5 2.9
White 69 39.7
Multiple Races 45 25.9
Unknown 14 8.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 18 10.3
Veteran Status: 16 9.2
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 26 14.9 Packet Pg. 570
47 Grand Terrace
Total Number of Unsheltered Adults: 6
Of the 6 adults counted, volunteers were able to administer 3 surveys.
Demographic Information n=3
Number Percent
Age:
18 to 24 0 0.0
25 - 34 1 33.3
35 – 44 0 0.0
45 – 54 1 33.3
55 – 64 0 0.0
65+ 1 33.
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 1 33.3
Chronically Homeless 0 0.0
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 2 66.7
Foster Care (ever been) 0 0.0
Gender:
Male 2 66.7
Female 1 33.3
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 2 66.7
HIV/AIDS 0 0.0
Packet Pg. 571
48 Incarcerated During the Last 12 Months 1 33.3
Income:
No Monthly Income 1 33.3
$1 - $250 0 0.0
$251 - $500 0 0.0
$501 - $1,000 1 33.3
More Than $1,000 0 0.0
Unknown 1 33.3
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 1 33.3
Physical Disability That Seriously Limits Ability to Live Independently 0 0.0
Race:
American Indian, Alaska Native, or Indigenous 1 33.3
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 1 33.3
Multiple Races 1 33.3
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 572
49 Hesperia
Total Number of Unsheltered Adults: 59
Of the 59 adults counted, volunteers were able to administer 44 surveys.
Demographic Information n=44
Number Percent
Age:
18 to 24 0 0.0
25 - 34 9 20.5
35 – 44 17 38.6
45 – 54 10 22.7
55 – 64 8 18.2
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 8 18.2
Chronically Homeless 9 20.5
Developmental Disabilities 2 4.6
Ethnicity:
Hispanic/Latin(a)(o)(x) 18 40.9
Foster Care (ever been) 9 20.5
Gender:
Male 34 77.3
Female 8 18.2
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 2 4.6
Homeless for First Time During Past 12 Months 22 50.0
HIV/AIDS 0 0.0
Packet Pg. 573
50 Incarcerated During the Last 12 Months 9 20.5
Income:
No Monthly Income 30 68.2
$1 - $250 5 11.4
$251 - $500 3 6.8
$501 - $1,000 2 4.6
More Than $1,000 1 2.3
Unknown 3 6.8
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 20.5
Physical Disability That Seriously Limits Ability to Live Independently 4 9.1
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 3 6.8
Native Hawaiian or Pacific Islander 0 0.0
White 24 54.6
Multiple Races 11 25.0
Unknown 6 13.6
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 6.8
Veteran Status: 3 6.8
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 2.3 Packet Pg. 574
51 Highland
Total Number of Unsheltered Adults: 61
Of the 61 adults counted, volunteers were able to administer 54 surveys.
Demographic Information n=54
Number Percent
Age:
18 to 24 4 7.4
25 - 34 14 25.9
35 – 44 13 24.1
45 – 54 15 27.8
55 – 64 6 11.1
65+ 2 3.7
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 7.4
Chronically Homeless 20 37.0
Developmental Disabilities 1 1.9
Ethnicity:
Hispanic/Latin(a)(o)(x) 19 35.2
Foster Care (ever been) 2 3.7
Gender:
Male 36 66.7
Female 18 33.3
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 27 50.0
HIV/AIDS 1 1.9
Packet Pg. 575
52 Incarcerated During the Last 12 Months 9 16.7
Income:
No Monthly Income 44 81.5
$1 - $250 0 0.0
$251 - $500 3 5.6
$501 - $1,000 5 9.3
More Than $1,000 1 1.9
Unknown 1 1.9
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 16.7
Physical Disability That Seriously Limits Ability to Live Independently 9 16.7
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 1 1.9
Black, African American, or African 11 20.4
Native Hawaiian or Pacific Islander 0 0.0
White 29 53.7
Multiple Races 9 16.7
Unknown 4 7.4
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 19 35.2
Veteran Status: 2 3.7
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 4 7.4 Packet Pg. 576
53 Joshua Tree
Total Number of Unsheltered Adults: 42
Of the 42 adults counted, volunteers were able to administer 28 surveys.
Demographic Information n=28
Number Percent
Age:
18 to 24 0 0.0
25 - 34 3 10.7
35 – 44 9 32.1
45 – 54 7 25.0
55 – 64 9 32.1
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 14.3
Chronically Homeless 16 57.1
Developmental Disabilities 6 21.4
Ethnicity:
Hispanic/Latin(a)(o)(x) 6 21.4
Foster Care (ever been) 2 7.1
Gender:
Male 20 71.4
Female 7 25.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 1 3.6
Homeless for First Time During Past 12 Months 9 32.1
HIV/AIDS 1 3.6
Packet Pg. 577
54 Incarcerated During the Last 12 Months 6 21.4
Income:
No Monthly Income 12 42.9
$1 - $250 1 3.6
$251 - $500 3 10.7
$501 - $1,000 6 21.4
More Than $1,000 6 21.4
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 9 32.1
Physical Disability That Seriously Limits Ability to Live Independently 10 35.7
Race:
American Indian, Alaska Native, or Indigenous 2 7.2
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 20 71.4
Multiple Races 3 10.7
Unknown 3 10.7
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 9 32.1
Veteran Status: 1 3.6
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 3.6 Packet Pg. 578
55 Loma Linda
Total Number of Unsheltered Adults: 17
Of the 17 adults counted, volunteers were able to administer 13 surveys.
Demographic Information n=13
Number Percent
Age:
18 to 24 1 7.7
25 - 34 5 38.4
35 – 44 2 15.4
45 – 54 3 23.1
55 – 64 2 15.4
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 5 38.5
Chronically Homeless 5 38.5
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 6 46.2
Foster Care (ever been) 3 23.1
Gender:
Male 11 84.6
Female 2 15.4
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 8 61.5
HIV/AIDS 0 0.0
Packet Pg. 579
56 Incarcerated During the Last 12 Months 4 30.8
Income:
No Monthly Income 8 61.5
$1 - $250 3 23.1
$251 - $500 0 0.0
$501 - $1,000 2 15.4
More Than $1,000 0 0.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 5 38.5
Physical Disability That Seriously Limits Ability to Live Independently 1 7.7
Race:
American Indian, Alaska Native, or Indigenous 3 23.1
Asian or Asian American 0 0.0
Black, African American, or African 3 23.1
Native Hawaiian or Pacific Islander 0 0.0
White 3 23.1
Multiple Races 3 23.1
Unknown 1 7.7
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 23.1
Veteran Status: 1 7.7
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 7.7 Packet Pg. 580
57 Mentone/Crafton
Total Number of Unsheltered Adults: 6
Of the 6 adults counted, volunteers were able to administer 5 surveys.
Demographic Information n=5
Number Percent
Age:
18 to 24 1 20.0
25 - 34 3 60.0
35 – 44 1 20.0
45 – 54 0 0.0
55 – 64 0 0.0
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 3 60.0
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 2 40.0
Foster Care (ever been) 1 20.0
Gender:
Male 4 80.0
Female 1 20.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 1 20.0
HIV/AIDS 0 0.0
Packet Pg. 581
58 Incarcerated During the Last 12 Months 2 40.0
Income:
No Monthly Income 5 100
$1 - $250 0 0.0
$251 - $500 0 0.0
$501 - $1,000 0 0.0
More Than $1,000 0 0.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0
Physical Disability That Seriously Limits Ability to Live Independently 0 0.0
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 4 80.0
Multiple Races 1 20.0
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 4 80.0
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 582
59 Montclair
Total Number of Unsheltered Adults: 71
Of the 71 adults counted, volunteers were able to administer 40 surveys.
Demographic Information n=40
Number Percent
Age:
18 to 24 2 5.0
25 - 34 7 17.5
35 – 44 12 30.0
45 – 54 11 27.5
55 – 64 7 17.5
65+ 1 2.5
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 4 10.0
Chronically Homeless 10 25.0
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 25 62.5
Foster Care (ever been) 5 12.5
Gender:
Male 32 80.0
Female 8 20.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 11 27.5
HIV/AIDS 0 0.0
Packet Pg. 583
60 Incarcerated During the Last 12 Months 9 22.5
Income:
No Monthly Income 23 57.5
$1 - $250 5 12.5
$251 - $500 6 15.0
$501 - $1,000 0 0.0
More Than $1,000 6 15.0
Unknown
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 4 10.0
Physical Disability That Seriously Limits Ability to Live Independently 6 15.0
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 2 5.0
Native Hawaiian or Pacific Islander 0 0.0
White 37 92.5
Multiple Races 0 0.0
Unknown 1 2.5
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 7 17.5
Veteran Status: 3 7.5
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 2 5.0 Packet Pg. 584
61 Muscoy
Total Number of Unsheltered Adults: 13
Of the 13 adults counted, volunteers were able to administer 4 surveys.
Demographic Information n=4
Number Percent
Age:
18 to 24 0 0.0
25 - 34 1 25.0
35 – 44 1 25.0
45 – 54 0 0.0
55 – 64 2 50.0
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 50.0
Chronically Homeless 0 0.0
Developmental Disabilities 1 25.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 0 0.0
Foster Care (ever been) 2 50.0
Gender:
Male 3 75.0
Female 1 25.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 2 50.0
HIV/AIDS 0 0.0
Packet Pg. 585
62 Incarcerated During the Last 12 Months 0 0.0
Income:
No Monthly Income 2 50.0
$1 - $250 0 0.0
$251 - $500 0 0.0
$501 - $1,000 0 0.0
More Than $1,000 2 50.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 2 50.0
Physical Disability That Seriously Limits Ability to Live Independently 3 75.0
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 4 100
Multiple Races 0 0.0
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 2 50.0
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 586
63 Needles
Total Number of Unsheltered Adults: 6
Of the 6 adults counted, volunteers were able to administer 6 surveys.
Demographic Information n=6
Number Percent
Age:
18 to 24 1 16.7
25 - 34 2 33.3
35 – 44 0 0.0
45 – 54 0 0.0
55 – 64 1 16.7
65+ 2 33.3
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 3 50.0
Developmental Disabilities 1 16.7
Ethnicity:
Hispanic/Latin(a)(o)(x) 1 16.7
Foster Care (ever been) 0 0.0
Gender:
Male 3 50.0
Female 3 50.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 4 66.7
HIV/AIDS 0 0.0
Packet Pg. 587
64 Incarcerated During the Last 12 Months 4 66.7
Income:
No Monthly Income 2 33.3
$1 - $250 2 33.3
$251 - $500 0 0.0
$501 - $1,000 0 0.0
More Than $1,000 2 33.3
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0
Physical Disability That Seriously Limits Ability to Live Independently 1 16.7
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 5 83.3
Multiple Races 0 0.0
Unknown 1 16.7
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 2 33.3
Veteran Status: 1 16.7
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 588
65 Ontario
Total Number of Unsheltered Adults: 107
Of the 107 adults counted, volunteers were able to administer 55 surveys.
Demographic Information n=55
Number Percent
Age:
18 to 24 2 3.6
25 - 34 8 14.6
35 – 44 15 27.3
45 – 54 15 27.3
55 – 64 12 21.8
65+ 3 5.5
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 12.7
Chronically Homeless 27 49.1
Developmental Disabilities 3 5.5
Ethnicity:
Hispanic/Latin(a)(o)(x) 33 60.0
Foster Care (ever been) 3 5.5
Gender:
Male 41 74.6
Female 14 25.5
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 24 43.6
HIV/AIDS 1 1.8
Packet Pg. 589
66 Incarcerated During the Last 12 Months 14 25.5
Income:
No Monthly Income 29 52.8
$1 - $250 12 21.8
$251 - $500 2 3.6
$501 - $1,000 5 9.1
More Than $1,000 5 9.1
Unknown 2 3.6
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 6 10.9
Physical Disability That Seriously Limits Ability to Live Independently 19 34.6
Race:
American Indian, Alaska Native, or Indigenous 4 7.3
Asian or Asian American 0 0.0
Black, African American, or African 9 16.4
Native Hawaiian or Pacific Islander 1 1.8
White 28 50.9
Multiple Races 9 16.4
Unknown 4 7.3
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 11 20.0
Veteran Status: 5 9.1
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 6 10.9 Packet Pg. 590
67 Rancho Cucamonga
Total Number of Unsheltered Adults: 70
Of the 70 adults counted, volunteers were able to administer 42 surveys.
Demographic Information n=42
Number Percent
Age:
18 to 24 3 7.1
25 - 34 8 19.1
35 – 44 10 23.8
45 – 54 9 21.4
55 – 64 7 16.7
65+ 5 11.9
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 40 95.2
Chronically Homeless 12 28.6
Developmental Disabilities 2 4.8
Ethnicity:
Hispanic/Latin(a)(o)(x) 21 50.0
Foster Care (ever been) 4 9.5
Gender:
Male 30 71.4
Female 12 28.6
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 17 40.5
HIV/AIDS 1 2.4
Packet Pg. 591
68 Incarcerated During the Last 12 Months 16 38.1
Income:
No Monthly Income 21 50.0
$1 - $250 6 14.3
$251 - $500 1 2.4
$501 - $1,000 7 16.7
More Than $1,000 4 9.5
Unknown 3 7.1
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 5 11.9
Physical Disability That Seriously Limits Ability to Live Independently 6 14.3
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 1 2.4
Black, African American, or African 8 19.1
Native Hawaiian or Pacific Islander 0 0.0
White 21 50.0
Multiple Races 7 16.7
Unknown 5 11.9
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 5 11.9
Veteran Status: 1 2.4
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 2 4.8 Packet Pg. 592
69 Redlands
Total Number of Unsheltered Adults: 243
Of the 243 adults counted, volunteers were able to administer 116 surveys.
Demographic Information n=116
Number Percent
Age:
18 to 24 26 22.4
25 - 34 22 19.0
35 – 44 21 18.1
45 – 54 25 21.6
55 – 64 17 14.7
65+ 5 4.3
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 13 11.2
Chronically Homeless 62 53.5
Developmental Disabilities 5 4.3
Ethnicity:
Hispanic/Latin(a)(o)(x) 40 34.5
Foster Care (ever been) 12 10.3
Gender:
Male 87 75.0
Female 27 23.3
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 2 1.7 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 31 26.7
HIV/AIDS 1 0.9
Packet Pg. 593
70 Incarcerated During the Last 12 Months 31 26.7
Income:
No Monthly Income 81 69.8
$1 - $250 5 4.3
$251 - $500 3 2.6
$501 - $1,000 6 5.2
More Than $1,000 11 9.5
Unknown 10 8.6
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 24 20.7
Physical Disability That Seriously Limits Ability to Live Independently 14 12.1
Race:
American Indian, Alaska Native, or Indigenous 4 3.5
Asian or Asian American 4 3.5
Black, African American, or African 14 12.1
Native Hawaiian or Pacific Islander 2 1.7
White 61 52.6
Multiple Races 23 19.8
Unknown 8 6.9
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 65 56.0
Veteran Status: 9 7.8
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 7 6.0 Packet Pg. 594
71 Rialto
Total Number of Unsheltered Adults: 70
Of the 70 adults counted, volunteers were able to administer 42 surveys.
Demographic Information n=42
Number Percent
Age:
18 to 24 0 0.0
25 - 34 9 21.4
35 – 44 14 33.3
45 – 54 6 14.3
55 – 64 11 26.2
65+ 2 4.8
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 13 31.0
Chronically Homeless 17 40.5
Developmental Disabilities 2 4.8
Ethnicity:
Hispanic/Latin(a)(o)(x) 23 54.8
Foster Care (ever been) 8 19.1
Gender:
Male 30 71.4
Female 12 28.6
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 17 40.5
HIV/AIDS 0 0.0
Packet Pg. 595
72 Incarcerated During the Last 12 Months 10 23.8
Income:
No Monthly Income 23 54.8
$1 - $250 4 9.5
$251 - $500 1 2.4
$501 - $1,000 5 11.9
More Than $1,000 8 19.1
Unknown 1 2.4
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 15 35.7
Physical Disability That Seriously Limits Ability to Live Independently 7 16.7
Race:
American Indian, Alaska Native, or Indigenous 5 11.9
Asian or Asian American 0 0.0
Black, African American, or African 6 14.3
Native Hawaiian or Pacific Islander 0 0.0
White 23 54.8
Multiple Races 5 11.9
Unknown 3 7.1
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 8 19.1
Veteran Status: 3 7.1
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 6 14.3 Packet Pg. 596
73 San Bernardino
Total Number of Unsheltered Adults: 1,008
Of the 1008 adults counted, volunteers were able to administer 518 surveys.
Demographic Information n=518
Number Percent
Age:
18 to 24 19 3.7
25 - 34 108 20.9
35 – 44 137 26.5
45 – 54 123 23.8
55 – 64 108 20.9
65+ 23 4.4
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 82 15.8
Chronically Homeless 246 47.5
Developmental Disabilities 39 7.5
Ethnicity:
Hispanic/Latin(a)(o)(x) 192 37.1
Foster Care (ever been) 69 13.3
Gender:
Male 348 67.2
Female 163 31.5
Transgender 1 0.2
Gender Non-Conforming (i.e., not exclusively male or female) 2 0.4 Questioning 0 0.0
Unknown 4 0.8
Homeless for First Time During Past 12 Months 127 24.5
HIV/AIDS 8 1.5
Packet Pg. 597
74 Incarcerated During the Last 12 Months 98 18.9
Income:
No Monthly Income 347 67.0
$1 - $250 41 7.9
$251 - $500 28 5.4
$501 - $1,000 40 7.7
More Than $1,000 32 6.2
Unknown 30 5.8
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 114 22.0
Physical Disability That Seriously Limits Ability to Live Independently 100 19.3
Race:
American Indian, Alaska Native, or Indigenous 24 4.6
Asian or Asian American 3 0.6
Black, African American, or African 163 31.5
Native Hawaiian or Pacific Islander 5 1.0
White 187 36.1
Multiple Races 103 19.9
Unknown 33 6.4
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 185 35.7
Veteran Status: 38 7.3
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 49 9.5 Packet Pg. 598
75 Twentynine Palms
Total Number of Unsheltered Adults: 73
Of the 73 adults counted, volunteers were able to administer 57 surveys.
Demographic Information n=57
Number Percent
Age:
18 to 24 5 8.8
25 - 34 16 28.0
35 – 44 14 24.6
45 – 54 8 14.0
55 – 64 9 15.8
65+ 5 8.8
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 7 12.3
Chronically Homeless 30 52.6
Developmental Disabilities 1 1.8
Ethnicity:
Hispanic/Latin(a)(o)(x) 16 28.1
Foster Care (ever been) 7 12.3
Gender:
Male 34 59.7
Female 22 38.6
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 1 1.8 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 13 22.8
HIV/AIDS 0 0.0
Packet Pg. 599
76 Incarcerated During the Last 12 Months 11 19.3
Income:
No Monthly Income 46 80.7
$1 - $250 2 3.5
$251 - $500 1 1.8
$501 - $1,000 1 1.8
More Than $1,000 4 7.0
Unknown 3 5.3
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 15 26.3
Physical Disability That Seriously Limits Ability to Live Independently 12 21.1
Race:
American Indian, Alaska Native, or Indigenous 1 1.8
Asian or Asian American 1 1.8
Black, African American, or African 7 12.3
Native Hawaiian or Pacific Islander 2 3.5
White 32 56.1
Multiple Races 13 22.8
Unknown 1 1.8
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 12 21.1
Veteran Status: 4 7.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 8 14.0 Packet Pg. 600
77 Twin Peaks
Total Number of Unsheltered Adults: 5
Of the 5 adults counted, volunteers were able to administer 3 surveys.
Demographic Information n=3
Number Percent
Age:
18 to 24 0 0.0
25 - 34 1 33.3
35 – 44 1 33.3
45 – 54 1 33.3
55 – 64 0 0.0
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 3 100
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 1 33.3
Foster Care (ever been) 0 0.0
Gender:
Male 1 33.3
Female 2 66.7
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 2 66.7
HIV/AIDS 0 0.0
Packet Pg. 601
78 Incarcerated During the Last 12 Months 0 0.0
Income:
No Monthly Income 1 33.3
$1 - $250 0 0.0
$251 - $500 1 33.3
$501 - $1,000 0 0.0
More Than $1,000 1 33.3
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0
Physical Disability That Seriously Limits Ability to Live Independently 1 33.3
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 2 66.7
Multiple Races 1 33.3
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 3 100
Veteran Status: 1 33.3
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 602
79 Upland
Total Number of Unsheltered Adults: 32
Of the 32 adults counted, volunteers were able to administer 16 surveys.
Demographic Information n=16
Number Percent
Age:
18 to 24 0 0.0
25 - 34 5 31.3
35 – 44 3 18.8
45 – 54 4 25.0
55 – 64 2 12.5
65+ 2 12.5
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 2 12.5
Chronically Homeless 9 56.3
Developmental Disabilities 2 12.5
Ethnicity:
Hispanic/Latin(a)(o)(x) 5 31.3
Foster Care (ever been) 1 6.3
Gender:
Male 14 87.5
Female 2 12.5
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 6 37.5
HIV/AIDS 0 0.0
Packet Pg. 603
80 Incarcerated During the Last 12 Months 10 62.5
Income:
No Monthly Income 11 68.8
$1 - $250 4 25.0
$251 - $500 0 0.0
$501 - $1,000 1 6.3
More Than $1,000 0 0.0
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 3 18.8
Physical Disability That Seriously Limits Ability to Live Independently 6 37.5
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 2 12.5
Native Hawaiian or Pacific Islander 0 0.0
White 11 68.8
Multiple Races 3 18.8
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 8 50.0
Veteran Status: 2 12.5
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 1 6.3 Packet Pg. 604
81 Valley of Enchantment
Total Number of Unsheltered Adults: 6
Of the 6 adults counted, volunteers were able to administer 3 surveys.
Demographic Information n=3
Number Percent
Age:
18 to 24 0 0.0
25 - 34 0 0.0
35 – 44 1 33.3
45 – 54 1 33.3
55 – 64 0 0.0
65+ 1 33.3
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 1 33.3
Chronically Homeless 1 33.3
Developmental Disabilities 0 0.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 0 0.0
Foster Care (ever been) 1 33.3
Gender:
Male 2 66.7
Female 1 33.3
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 0 0.0
HIV/AIDS 0 0.0
Packet Pg. 605
82 Incarcerated During the Last 12 Months 0 0.0
Income:
No Monthly Income 1 33.3
$1 - $250 1 33.3
$251 - $500 0 0.0
$501 - $1,000 0 0.0
More Than $1,000 1 33.3
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0
Physical Disability That Seriously Limits Ability to Live Independently 0 0.0
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 1 33.3
White 2 66.7
Multiple Races 0 0.0
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 33.3
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 606
83 Victorville
Total Number of Unsheltered Adults: 317
Of the 317 adults counted, volunteers were able to administer 212 surveys.
Demographic Information n=212
Number Percent
Age:
18 to 24 7 3.3
25 - 34 48 22.7
35 – 44 62 29.3
45 – 54 49 23.1
55 – 64 37 17.5
65+ 9 4.2
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 23 10.9
Chronically Homeless 74 34.9
Developmental Disabilities 7 3.3
Ethnicity:
Hispanic/Latin(a)(o)(x) 51 24.1
Foster Care (ever been) 30 14.2
Gender:
Male 142 67.0
Female 69 32.6
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 1 0.5 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 94 44.3
HIV/AIDS 1 0.5
Packet Pg. 607
84 Incarcerated During the Last 12 Months 41 19.3
Income:
No Monthly Income 136 64.2
$1 - $250 16 7.6
$251 - $500 14 6.6
$501 - $1,000 12 5.7
More Than $1,000 11 5.2
Unknown 23 10.9
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 42 19.8
Physical Disability That Seriously Limits Ability to Live Independently 22 10.4
Race:
American Indian, Alaska Native, or Indigenous 6 2.8
Asian or Asian American 2 0.9
Black, African American, or African 58 27.4
Native Hawaiian or Pacific Islander 1 0.5
White 107 50.5
Multiple Races 29 13.7
Unknown 9 4.3
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 71 33.5
Veteran Status: 14 6.6
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 23 10.9 Packet Pg. 608
85 Yucaipa
Total Number of Unsheltered Adults: 22
Of the 22 adults counted, volunteers were able to administer 9 surveys.
Demographic Information n=9
Number Percent
Age:
18 to 24 2 22.2
25 - 34 1 11.1
35 – 44 3 33.3
45 – 54 1 11.1
55 – 64 2 22.2
65+ 0 0.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 3 33.3
Developmental Disabilities 1 11.1
Ethnicity:
Hispanic/Latin(a)(o)(x) 2 22.2
Foster Care (ever been) 3 33.3
Gender:
Male 9 100
Female 0 0.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 1 11.1
HIV/AIDS 0 0.0
Packet Pg. 609
86 Incarcerated During the Last 12 Months 4 44.4
Income:
No Monthly Income 8 88.9
$1 - $250 0 0.0
$251 - $500 0 0.0
$501 - $1,000 0 0.0
More Than $1,000 1 11.1
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 1 11.1
Physical Disability That Seriously Limits Ability to Live Independently 1 11.1
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 0 0.0
Native Hawaiian or Pacific Islander 0 0.0
White 8 88.9
Multiple Races 1 11.1
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 0 0.0
Veteran Status: 1 11.1
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 610
87 Yucca Valley
Total Number of Unsheltered Adults: 80
Of the 80 adults counted, volunteers were able to administer 43 surveys.
Demographic Information n=43
Number Percent
Age:
18 to 24 2 14.7
25 - 34 13 30.2
35 – 44 10 23.3
45 – 54 8 18.6
55 – 64 5 11.6
65+ 5 11.6
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 6 14.0
Chronically Homeless 26 60.5
Developmental Disabilities 3 7.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 7 16.3
Foster Care (ever been) 4 9.3
Gender:
Male 30 69.8
Female 13 30.2
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 12 27.9
HIV/AIDS 0 0.0
Packet Pg. 611
88 Incarcerated During the Last 12 Months 7 16.3
Income:
No Monthly Income 21 48.8
$1 - $250 0 0.0
$251 - $500 1 2.3
$501 - $1,000 10 23.3
More Than $1,000 11 25.6
Unknown 0 0.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 22 51.2
Physical Disability That Seriously Limits Ability to Live Independently 7 16.3
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 0 0.0
Black, African American, or African 6 14.0
Native Hawaiian or Pacific Islander 0 0.0
White 32 74.4
Multiple Races 1 2.3
Unknown 4 9.3
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 17 39.5
Veteran Status: 3 7.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 4 9.3 Packet Pg. 612
89 Countywide
Total Number of Unsheltered Adults: 6
Of the 6 adults counted, volunteers were able to administer 5 surveys.
Demographic Information n=5
Number Percent
Age:
18 to 24 0 0.0
25 - 34 2 40.0
35 – 44 1 20.0
45 – 54 1 20.0
55 – 64 0 0.0
65+ 1 20.0
Chronic Health Condition That Is Life-Threatening Such as Heart, Lung, Liver, Kidney, or Cancerous Disease 0 0.0
Chronically Homeless 4 80.0
Developmental Disabilities 1 20.0
Ethnicity:
Hispanic/Latin(a)(o)(x) 1 20.0
Foster Care (ever been) 2 40.0
Gender:
Male 4 80.0
Female 1 20.0
Transgender 0 0.0
Gender Non-Conforming (i.e., not exclusively male or female) 0 0.0 Questioning 0 0.0
Unknown 0 0.0
Homeless for First Time During Past 12 Months 3 60.0
HIV/AIDS 0 0.0
Packet Pg. 613
90 Incarcerated During the Last 12 Months 2 40.0
Income:
No Monthly Income 2 40.0
$1 - $250 1 20.0
$251 - $500 0 0.0
$501 - $1,000 0 0.0
More Than $1,000 1 20.0
Unknown 1 20.0
Mental Health Disability or Disorder That Seriously Limits Ability to Live Independently 2 40.0
Physical Disability That Seriously Limits Ability to Live Independently 2 40.0
Race:
American Indian, Alaska Native, or Indigenous 0 0.0
Asian or Asian American 1 20.0
Black, African American, or African 1 20.0
Native Hawaiian or Pacific Islander 0 0.0
White 3 60.0
Multiple Races 0 0.0
Unknown 0 0.0
Substance Use Problem Disability or Disorder That Seriously Limits Ability to Live Independently 1 20.0
Veteran Status: 0 0.0
Victims of Domestic Violence:
Experiencing Homelessness Due to Fleeing
Domestic Violence, Dating Violence, Sexual Assault, or Stalking 0 0.0 Packet Pg. 614
91 Appendix B:
San Bernardino 2023 Unsheltered Count Survey _____________________________________
1. Where did you sleep last night?
• If in a vehicle, what type of vehicle?
• How many persons including yourself slept overnight in the same vehicle?
2. What is the first ini�al of your first name?
3. What is the first ini�al of your last name?
4. What is your gender?
5. How old are you?
6. Are you Hispanic, La�no or La�na?
7. What is your race?
8. In what state were you born?
• If the person was born outside of the United States, select “Outside of the U.S” and note what country.
9. In what city did you first become homeless?
Note: questions 10 – 12 were asked to determine if the person was chronically homeless according to HUD’s definition.
10. Did you become homeless for the first �me during the past 12 months? Packet Pg. 615
92 11. Have you been living in a shelter and/or on the streets, in abandoned buildings, or in a vehicle for the past year or more?
12. Have you been living in a shelter and/or on the streets, in abandoned buildings, or in a vehicle at least four (4) separate �mes during the last three (3) years including now?
13. Have you served in the United States Armed Forces?
• If no, were you ever called into ac�ve duty as a member of the Na�onal Guard or as a Reservist?
14. Do you have any of the following disabili�es or disorders that make it difficult for you or seriously limits your ability to live independently? • Long-las�ng physical disability;
• Long-las�ng developmental disability;
• Serious mental illness or emo�onal impairment; or
• Substance use disorder.
15. Have you been diagnosed with AIDS or have tested posi�ve for HIV?
16. Has a doctor or other medical professional ever told you that you have a chronic health condi�on that is life-threatening such as heart, lung, liver, kidney or cancerous disease?
17. Are you currently experiencing homelessness because you are fleeing domes�c violence, da�ng violence, sexual assault or stalking?
18. Have you been incarcerated during the last 12 months?
19. How much is your monthly income?
• No income;
• $1 to $250;
• $251 to $500;
Packet Pg. 616
93 • $501 to $1,000; or
• More than $1,000.
20. Have you ever been in foster care?
21. Do you have any children living with you?
• How many are under age 18?
• What is the child’s gender?
• Is the child Hispanic, La�no, or La�na?
• What is the child’s race?
• What is the child’s age?
• Is the child enrolled in school?
22. Do you have a spouse or partner who is also homeless and living with you? • If yes, administer the survey to spouse or partner.
Packet Pg. 617
Resolution No. 2023-075
Resolution 2023-075
May 17, 2023
RESOLUTION NO.2023-075
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING JOINT APPLICATION TO AND
PARTICIPATION IN THE STATE OF CALIFORNIA’S
PROJECT HOMEKEY ROUND 3 PROGRAM
WHEREAS, the Department of Housing and Community Development ("Department") has issued a Notice of Funding Availability, dated March 29, 2023 ("NOFA"), for the Homekey Program ("Homekey" or "Program"). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, the CITY OF SAN BERNARDINO ("Co-Applicant") desires to jointly apply for Homekey grant funds with Hope the Mission ("Corporation"). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds ("Application") to the Department for review and consideration; and
WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement ("Standard Agreement"), and all other legal requirements of the Homekey Program.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $35,000,000.
SECTION 3. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $35,000,000 any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the "Homekey Documents").
SECTION 4. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof.
Packet Pg. 618
Resolution No. 2023-075
Resolution 2023-075
May 17, 2023
SECTION 5. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
SECTION 6. The CITY MANAGER: his or her designee, is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.
SECTION 7. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 9. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of May 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 619
Resolution No. 2023-075
Resolution 2023-075
May 17, 2023
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-075, adopted at a regular meeting held on the 17th day of May 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.
Genoveva Rocha, CMC, City Clerk
Packet Pg. 620
1 VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY This Agreement is made and entered into as of June 1, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Community Action Partnership of San Bernardino County, a California non-profit corporation with its principal place of business at 696 S. Tippecanoe Ave San Bernardino, CA 92408 (hereinafter referred to as “Consultant” or “CAPSBC”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of vendor services for the following project:
Mobile Shower Program (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Reserved.
b. City will provide Consultant with an amount not-to-exceed $150,000 Packet Pg. 621
2 (the “Grant Funds”). Consultant certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term of this Agreement. Any expenses and costs incurred by the Consultant in excess of the Grant Funds shall be the sole responsibility of the Consultant. Consultant shall use the Grant Funds for the Services as described in Exhibit A. Consultant agrees that all expenditures are to be in accordance with the terms of this Agreement. City’s payment to Consultant under this Agreement is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date June 1, 2023 and continue through May 30, 2024 unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without Packet Pg. 622
3 limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. Reserved.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so Packet Pg. 623
4 assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
Packet Pg. 624
5 (2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured Packet Pg. 625
6 against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Packet Pg. 626
7 Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) Packet Pg. 627
8 if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Packet Pg. 628
9 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well Packet Pg. 629
10 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, 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 the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an Packet Pg. 630
11 amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Charles Karsch as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
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12 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Community Action Partnership of San
Bernardino County (CAPSBC)
696 South Tippecanoe, San Bernardino
92408
Attn: Director, Patricia Nickolas- Butler
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by Packet Pg. 632
13 operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
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14 43. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
44. Federal Provisions.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
COMMUNITY ACTION PARTNERSHIP
OF SAN BERNARDINO COUNTY
Signature
Name
Title
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16 EXHIBIT A
SCOPE OF WORK
Introduction:
Community Action Partnership of San Bernardino County (CAPSBC) is a brick-andmortar non-profit organization based in the city of San Bernardino and aiding low-income individuals and families across San Bernardino County, the largest county in the continental United States at 20,167 square miles. With an estimated population of 2,194,710, CAPSBC serves roughly 800,000 clients or 36% of the population per year, mostly in large metropolitan areas. In 2021, due to the COVID-19 pandemic, CAPSBC management began looking into mobilizing some of its existing programs to allow those individuals and families experiencing barriers, such as lack of food, housing, or transportation and social isolation, access to services that will increase their health and well-being.
The first mobile service to come online was the Mobile Shower/Laundry unit in 2021. The mobile shower/laundry unit serves as a source of sanitation for individuals experiencing homelessness in San Bernardino County, further eliminating the barriers associated with inaccessible transportation, and access to running water.
The CAPSBC Mobile Shower Unit is a 28-foot self-contained mobile shower trailer. The trailer contains 3 full restrooms, one being ADA compliant, and a laundry facility with two washers and driers. The mobile shower operates off the power from a generator and hooks to city water via a garden hose connection. The shower unit holds up to 300 gallons of combined grey/black waste. The unit must be emptied with the use of a vacuum truck service. The mobile shower provides hot and cold water to all showers.
Scope of Work:
CAPSBC will partner with 4 community-based organizations (CBO’s) within the City of San Bernardino through an MOU process where CAPSBC will be allowed to setup the mobile shower unit on their property and utilize their water for the showers. We will work with these partners organizations to recruit a minimum of six volunteers to assist CAPSBC staff during the shower event. CAPSBC acknowledges and agrees that the City will not be providing security for these shower events.
CAPSBC will provide a minimum of two (2) staff at each mobile shower event. Their primary duties are to oversee the operation of the mobile shower trailer, troubleshoot any issues that may arise, collect information from the guests, and to step in and assist where needed. CAPSBC staff and volunteers will work together to ensure the overall safety of the guests, each other.
Volunteers will be utilized to time guests in the shower, sanitize the restrooms in between uses, clean the area around the shower event and interact with the guests while they wait Packet Pg. 636
17 for their shower. In the event of a shortage of volunteers, CAPSBC staff will assume the duties of the missing volunteers.
CAPSBC plans to operate the mobile shower at a minimum of two (2) times per week.
Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers and one (1) hour for cleanup.
Each guest will be provided clean towels, soap/shampoo, and if available clean undergarments and/or clothes. Each restroom will be sanitized in between clients. We estimate that it takes approximately eight (8) minutes to sanitize each restroom. So, we estimate that we can serve up to thirty-six (36) clients using all three (3) restrooms at each shower event. We estimate that we can serve around 3,600 clients in a one-year period.
On the day of the event, CAPSBC will arrive within one hour prior to the start of the event to setup the mobile shower unit and the area where we will be operating, CAPSBC staff will provide a brief orientation to the volunteers on the expected tasks they will be performing. At the start of the event, CAPSBC staff will start intaking guests and putting them on a waiting list. At the time of intake, specific intake forms will be completed by staff and guest to collect pertinent information which will be later input into CAPSBC client management system as well as HMIS. CAPSBC will provide monthly updates with the number of clients served to the City.
When a guest is called up to take a shower, they will be given towels, liquid soap and shampoo are provided in each bathroom, and they have fifteen (15) minutes to take their shower. No personal belongings will be allowed in the restroom with the client.
Containers will be provided outside each shower for the guest to place their belongings.
There will be a volunteer who will be monitoring the time spent in the shower. After ten (10) minutes, the volunteer will knock on the door giving the guest a five (5) minute warning. One last notice will be given at the end of the time and the guest will be asked to complete their shower and exit the bathroom. If available, CAPSBC will provide guest with clean undergarments and clothing.
After the guest exits the shower, the used towels are collected to be washed/sanitized and reused at another shower event. The restroom is then wiped down, sprayed with sanitizer, and left to sit for at least five (5) minutes before being wiped down once again and ready for the next guest. If a guest is called and does not respond (they will be called 2-3 times), they will be moved to the end of the list and the nest guest will shower. If that guest who misses their time slot shows up, they will be given an opportunity to shower at the end of the event depending on the time.
Guests who attend the mobile shower program will be provided with the following items, if available: hygiene kit, new clothes (including undergarments), shoes, easy to open food, portable restroom bags, other miscellaneous items. The availability of these items depend on what has been donated to our food bank, so not all these items will always be available.
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18 At the end of the event, CAPSBC staff and volunteers will pack up the mobile shower unit, clean up the event area by disposing of trash.
CAPSBC is in the process of interviewing and onboarding staff to run this program.
SCHEDULE OF CHARGES
Staff - 2 full time staff $74,753.00
Benefits $28,406.00
Dumping Services $6,000.00
Fuel (Gas/Propane) market rate
Gas for truck/generator $5.49/gal
Propane $3.99/gal
$14,044.00
$4,797.00
Supplies
cleaning/hygiene/etc.
$22,000.00
Total $150,000.00
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19 EXHIBIT B
FEDERAL CONTRACT PROVISIONS
3. During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”.
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
1. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
2. Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.
The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's Packet Pg. 639
20 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.
The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who Packet Pg. 640
21 has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
3. Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
4. Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
5. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be Packet Pg. 641
22 responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
6. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
7. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
8. Appendix II to Part 200 (H) – Debarment and Suspension:
This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further Packet Pg. 642
23 agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
9. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply for or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
10. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
11. Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
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24 Telecommunications or video surveillance services provided by such entities or using such equipment.
Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
12. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
13. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
14. Affirmative steps shall include:
Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Packet Pg. 644
25 Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
15. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL
FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
16. Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.
17. Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
New Restrictions on Lobbying, 31 C.F.R. Part 21.
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
18. Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
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26 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
19. False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
20. Protections for Whistleblowers.
In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following:
A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
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27 A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.
21. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
22. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
23. Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.
As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.
For more information on LEP, please visit http://www.lep.gov.
Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
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28 Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:
4. The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements.
Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.
Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.
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1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND HOPE THE MISSION
This Agreement is made and entered into as of June 1, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Hope the Mission, a 501(c)(3) nonprofit organization with its principal place of business at 16641 Roscoe Pl. North Hills, CA. 81343 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Homeless Street Outreach (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Pg. 649
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,500,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.
6. Term. This Agreement shall commence on the Effective Date and continue through May 31, 2024, with a two (2), one (1) year options to extend the agreement.
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
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3 9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference.
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4 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
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5 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
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6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation Packet Pg. 654
7 or spread of malicious software code, in a form and with insurance companies acceptable to the City.
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified Packet Pg. 655
8 representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
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9 (1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, Packet Pg. 657
10 employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, 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 the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the Packet Pg. 658
11 County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
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12 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Ken Craft as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Cassandra Searcy
Deputy Director Housing & Homelessness
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Hope the Mission
16641 Roscoe Pl.
North Hills, CA. 81343
Attn: Ken Craft, CEO
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, Packet Pg. 660
13 promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of Packet Pg. 661
14 this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND HOPE THE MISSION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
HOPE THE MISSION
Signature
Name
Title
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16 EXHIBIT A
SCOPE OF SERVICES
Background
The City of San Bernardino is developing a 200-bed, low barrier, non-congregate navigation center that will provide interim housing and onsite supportive services. The goal is to have unhoused individuals diverted from the streets to the navigation center.
A referral hotline and screening process will be in place, making it necessary for the Homeless Street Outreach team to work collectively with the lead operator of the navigation center to ensure a consistent screening process. Screening for the navigation center will be necessary to ensure Penal Code 290 (sex offenders) are not granted access as women and children will be onsite. Case managers will be able to refer Penal Code 290’s to appropriate facilities. Also, walk-ins will not be accepted.
Until the navigation center is completed, homeless residents will need assistance with alternative safe housing (I.e., motels & housing resources from local homeless service providers). The City is actively pursuing grants to assist with motel stays, but it is important that the selected lead operator have the ability to engage with local nonprofits and the County’s Continuum of Care (CoC) to utilize and/or expand resource opportunities related to temporary housing options.
Federal Requirements: If the Services are funded through a federal or State funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C,” and incorporated herein by this reference.
The following sections (1-5) describe in detail the services being requested by the lead operator.
1. Outreach and Engagement (O/E) – Street-based outreach and engagement is essential to building relationships based on trust and respect between the clients and Agencies and is a key step toward accepting services that will eventually lead to housing stability. O/E will serve unsheltered homeless within the City. O/E is conducted primarily in the field, in areas where unsheltered homeless are known to live and spend time, including and not limited to encampments, streets, under bridges, overpasses, parks, centers, and in isolated areas.
• Implement best practices designed to engage unsheltered homeless, e.g., outreach techniques, motivational interviewing, multi-disciplinary team approach, law enforcement partnerships.
• Build rapport with unsheltered homeless individuals to provide pathways to housing and linkages to other homeless systems and/or mainstream services.
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17 • Identify and conduct regular and ongoing outreach to areas where unsheltered homeless people live, such as encampments, streets, under bridges and overpasses, and in isolated areas.
• Work with and refer individuals and families to services that include Behavioral Health, Physical Health, and other key services.
• Collaborate with other key stakeholders in creating and implementing plans to provide additional services and coordination of services to people living in encampment areas and vehicles.
• Coordinate with other Agencies or City Departments (i.e., Public Works) on an ongoing basis when an encampment clean-up is scheduled. • Maintaining by-name lists for specific areas, individuals, or encampments to assist with coordination of services.
• Provide supplies or other items to assist clients with meeting their basic needs and to build rapport (food, gift cards, socks, glasses, etc.). • Identify immediate needs that require short-term interventions, such as direct assistance for basic needs or emergency calls for urgent medical needs. • Provide transportation assistance to support clients with connecting to services in a safe provider vehicle for staff and clients, properly labeled street outreach. • Document outreach and engagement activities in the appropriate data system.
2. Rapid Response – Rapid Response provides a mechanism for community members to contact homeless outreach staff to strive to make contact and provide support to unsheltered homeless individuals. The goal is to be available to address (not necessarily resolve) issues in a timely manner. The community (merchants, Chamber of Commerce, the public) will have a point of contact number for the Rapid Response Team who will deploy to locations where there are concerns related to homelessness.
Inquiries for rapid response to unsheltered homeless may come from agencies, medical providers, law enforcement, or the community at large. Response to the location must occur within 24 hours, Monday through Friday. It is NOT the expectation that this phone will be answered 24 hours a day, 7 days a week nor 365 days a year. Community members will be able to leave a message at this number, with the expectation that phone messages will be monitored Monday – Friday and all inquiries will be responded to in person within 24 hours, and the inquiring party is informed of the status within 72 hours.
• Establish a process (including a dedicated phone number) for receiving (via phone and email), responding to, documenting, and tracking rapid response requests.
• Communicate process for making rapid response inquiries to Agencies, medical providers, law enforcement, stakeholders, and other community members. • Deploy outreach staff to locations of inquiries and make reasonable efforts to make contact and engage with unsheltered homeless households.
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18 • Conduct outreach within 24 hours of the request. 24 hours is the maximum response time during Monday to Friday standard business hours. • If contact is made and the client is willing, provide outreach and engagement activities, including all the outreach and engagement services listed above, with an emphasis on attempting to connect the individual to immediate assistance, such as an emergency shelter or other residential settings (detox, residential treatment program, etc.).
• Maintain documentation of all inquiries and responses and status • Document services in a timely manner.
3. Intensive Case Management – Case Management provides intensive services to a set caseload of individuals, including working with each client to develop and implement a housing plan. Additionally, the Case Manager links and connects clients to other services to meet their needs (physical/mental health, vouchers). The clients are only placed on a caseload once they have been assessed by the Coordinated Entry System.
A caseload size for a full-time outreach worker would typically be 15-20 unsheltered individuals at any given time. Certification of homeless status can be done by OUTREACH TEAM, Police Department Community district officers, Code officers, or City Homeless Services Coordinator. Outreach will also fill out appropriate forms for referred service agencies. The contractor will be responsible for creating an Outreach project with the county Homeless Management Information System (HMIS)also referred to as the Clarity system.
• Apply a client-centered approach (individualized treatment planning), respecting individual strengths and preferences.
• Implement trauma-informed care and harm reduction model. • Work closely with other Agencies (primary and mental health, housing location, etc.) to ensure a “warm transfer” of services once a client is housed or transitions into another program with case management, such as a shelter or residential treatment program.
• Create and implement a client-centered housing plan to assist clients with rapidly and sustainably exiting homelessness.
• Based on each client’s unique needs, link unsheltered clients to mainstream, health, and behavioral health services.
• Work with shelter providers to facilitate temporary housing interventions and ensure clear roles and responsibilities on case plan and permanent housing goals.
• Provide transportation assistance to assist clients with getting to shelter, appointments, etc.
• Maintain knowledge of eligibility and referral/application processes for a wide range of housing resources, including permanent supportive housing (PSH), rapid re-housing, Veterans Affairs Supportive Housing vouchers (VASH), other subsidies/vouchers, senior housing, shared housing, affordable housing in the community, as well as other applicable resources such as detox services, Packet Pg. 666
19 residential and outpatient substance use treatment programs, and long-term care facilities.
• May provide supplies or other items to assist clients with meeting their basic needs and to build rapport (examples include food, gift cards, socks, and glasses).
• Assist clients with completing the application or enrollment processes for housing programs.
• Assist clients in obtaining vital documents (i.e., Social Security, Birth Certificate, and California Identification Card).
• Identify non-housing-related services that clients are already connected to and coordinate with other Agencies to facilitate access.
Contractor must serve all street-based persons who are experiencing homelessness such as Adults, Families, Veterans and Transitionally Aged Youth (TAY) and make appropriate “warm hand-offs” and referrals to perspective agencies.
Warm hand off meaning the outreach work may transport and aid in making sure participant makes assessment and intake appointments regard to shelter, Drug rehabs, or housing placement, and or family reunifications when appropriate. Within the County of San Bernardino.
Budget will include a set aside budget for family re-unifications for example, Greyhound tickets, Gas Cards or anything deemed needed by mgmt. to get to said location. Only approved when documentation of plan confirmed by receiving family members or friend.
Outreach will build relationships within the City of San Bernardino and referrals consist of
1. Crisis Counseling
2. Crisis Centers
3. SB Hope Campus
4. Interim Housing Programs
5. Medical Heath
6. Mental Health
7. Substance abuse (SARC)
8. Documentation
9. CalWORKs & Cal Fresh
10. SSI &SSD
11. Legal Services
12. Employment Services
13. Housing Navigation
14. Domestic Violence Services
15. Other-community based organization/ Religious
• Maintain case files of case notes on housing plan progress, required documentation for eligibility and housing applications, and current client consent Packet Pg. 667
20 and release of information in a secure location. (Audits will be done by housing staff)
• Document case management activities in the appropriate data system.
4. Multi-Disciplinary Team (MDT) Meetings – MDTs convey many benefits that include improved health outcomes and enhanced satisfaction for clients as well as a more efficient use of resources and service coordination for team members. Case Conferencing enables Homeless Service providers to utilize a broad array of professional and lived experiences to assess and plan the next steps for a client’s path to housing. Case Conferencing will be held at a minimum of once a month and will be used to address all client receiving case management services. The City’s Homeless Services Coordinator will act as a liaison to help facilitate monthly MDT meetings and incorporate local agencies and service providers for added support and resources (i.e., Department of Behavioral Health, Substance Abuse Counselors, Code Enforcement Officers, Police and Homeless Service Providers). In order to ensure shared knowledge and continuity of care throughout the City, the City’s Mayor will participate in MDT meetings. On days when the Mayor is not able to participate an alternate (pre-selected City Council Member) will attend meetings. During MDT meetings, outreach staff will report on each client receiving case management services (and who has signed the applicable Release of Information forms) and present the housing-focused case plan, updates on the progress toward housing, barriers, and challenges. MDT participating agencies (including the City) provide suggestions, resource, and when able provide direct pathways to various services and/or funding mechanism to assist clients and improve collaborative efforts with outreach staff.
• Maintain a collaborative environment with representation at MDT meetings from law enforcement, homeless shelters, Service Agencies, and primary and mental health care.
• Maintain strict confidentiality in case conferencing and follow program confidentiality policies regarding obtaining consent to share information/Release of Information forms.
• Maintain an approved participant list of MDT members and maintain active participation by key partners.
• Facilitate each MDT meeting and take written notes, including all action items and next steps for each client’s housing-focused case plan. • Provide information to clients on the MDT model and obtain consent for case conferencing within the MDT if clients are willing.
• At each MDT meeting: Homeless outreach case manager who provides services to clients presents about each client who is receiving case management. The case manager presents the client’s housing-focused case plan, progress toward housing, eligibility for various housing resources, barriers, challenges, concerns, and needs and can request suggestions or support from MDT-approved participating agencies.
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21 Additional Services
At the City’s discretion, the Agencies may be asked to perform additional related tasks in addition to those currently anticipated above. The Agencies should therefore have the capability to provide related professional services.
Program Components, Services Approach, Staffing, Start-Up Plan • Proposed approach, including an understanding of the scope of services to be provided and appropriateness of the proposed services.
• Alignment with the Housing First approach.
• Implementation of housing-focused services to assist each client with developing and implementing his/her/their plan to return to housing. • Client-centered, strengths-based approach.
• Responsive to the needs of clients, including clients with significant barriers and challenges.
• Proposed staffing model.
• Staff training.
• Accessibility of services, including staff’s language capacity and other facets of accessibility.
• Accessible hours of operation, especially outside of regular business hours.
Services are provided during times that are tailored to the needs of the clients. • Program management/oversight to support and supervise staff, data tracking and reporting, and overall quality of services.
• Proposed approach that meets the stated timeline, including start-up timeline.
Program Oversight Structure
• The program includes a program manager/director who will be responsible for overall program operations, including quality assurance and improvement, consistency of services, ongoing training and supervision of staff, partnerships with stakeholders, data tracking, and performance outcomes. The program manager and/or director may be full-time or part-time, depending on the size of the program.
• The program works closely with staff from the City Manager's Office on program implementation and program structure as it relates to other outreach services in the community, and how this program interacts with other homeless system programs, such as the San Bernardino County’s Coordinated Entry System. • The program recruits, retains, trains, and supervises qualified program staff, who demonstrate experience in:
a. Working with hard-to reach and hard-to-serve clients, who may otherwise be disconnected from mainstream and homeless system services and supports.
b. This means providing ongoing, comprehensive staff trainings on best practices in working with homeless individuals with complex needs, Packet Pg. 669
22 safety protocol and procedures, motivational interviewing, job functions and responsibilities, and emergency response protocol. Narccan training.
c. Providing outreach during inclement weather episodes in which the Inclement Weather Program is activated, including cold weather, rainy weather, heat waves, and poor air quality. Cultural competence and sensitivity. Program includes multilingual staff.
d. Trauma informed care, motivational interviewing, harm reduction, mental health, and other areas as needed to ensure they are equipped to work effectively with chronically homeless and unsheltered individuals. Staff should apply a strengths-based, person-centered approach to case management that utilizes motivational interviewing and other current best practices.
e. Housing First principles and actively working to move the greatest number of unsheltered individuals towards permanent housing. f. Knowledge of the array of services available within the community. Staff maintain current knowledge of referral/application processes for shelter, housing resources, voucher and subsidy programs, senior housing, affordable housing, shared housing, substance use treatment programs, long-term care/medical facilities, and other applicable resources. g. Consistent documentation of services and data entry in an appropriate system
h. The program provides outreach staff with support, training, and case consultation as needed with staff who have clinical expertise to brainstorm additional methods for engaging and serving clients. • The provider maintains written documentation of program policies and procedures and updates the documents on a frequent basis. Documentation includes all areas of program operations, including the following:
a. High quality services consistent with the program model and aligned with Housing First principles.
b. Process for receiving, documenting, and responding to referrals and requests for service.
c. Process for clients to begin receiving case management and procedure for when case management ends.
d. Frequency of supervision and process for staff to reach manager for urgent needs.
e. Thorough, accurate, and timely documentation of all services in the HMIS system.
f. Safety and emergency protocol.
g. Incident report and resolution process.
h. Confidentiality policies and applicable forms.
i. Program implements Housing First principles, serves the hardest to serve the homeless, and actively works to move the greatest number of unsheltered individuals toward permanent housing.
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23 j. Program implements a person-centered, strengths-based approach that tailors case management to each client.
k. Collaboration with safety net providers, homeless providers, medical and behavioral health providers, substance use treatment programs, law enforcement, and other applicable partners.
• Program has an internal grievance process that clients can use to resolve conflicts within the program. Written policies and procedures for resolving grievances, including a statement regarding the client’s right to request a reasonable accommodation, are posted in a conspicuous place and accessible to clients.
Agency Qualifications, Experience, Capacity, and Outcomes • Recent relevant experience in providing services to the population(s) to be served and strong outcomes of the relevant services provided. • Demonstrated the capacity of the agency to provide the identified services. • Recent data demonstrating strong performance for relevant services provided. • Experience training and monitoring staff and program performance. • Expected performance outcomes and impact of services. • Experience and approach for incorporating strategies ensuring racial and gender equity for all program participants.
• Experience and approach for incorporating people with lived experience of homelessness into the planning and implementation of the proposed program’s services, policies, and procedures.
• Claims and violations against you or your organization. • Ability to meet timelines and all requirements.
• Clearly defined roles and responsibilities
Organizations that currently or previously contracted with the City will be reviewed for contract and program compliance, including financial management, timely and adequate submission of invoices and reports, monitoring results, performance, and any other relevant documentation or information.
Customer Service
• Grievance policy.
• Demonstrated ability to collect and utilize feedback from clients in a systematic way to make program changes.
• Assurance of high-quality services.
• Responsive to the needs of clients.
• Experience providing culturally and linguistically appropriate services, including approach to providing services to clients who speak a language other than English.
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24 • Demonstrated ability to collect and utilize feedback in a systematic way from key partners including other community organizations and City and -- programs that work with vulnerable residents.
Budget and Financial Capacity
• Clarity of submitted budgets for services proposed in response. • Please demonstrate how the agency could scale the project if you received less than your proposed budget.
• Experience administering grants or contracts from other public or private funders.
• Agency’s overall stability and financial health.
• Budget and budget narrative provide sufficient detail on staffing costs and other line items.
• Experience tracking and reporting on funding for federal and state funded grants or contracts from other public agencies.
• Additional financial resources identified to be leveraged by the agency. • Agency financial processes, including internal controls and compliance with accounting practices.
Quality Assurance and Quality Improvement
• Utilizing data to identify performance measure outcomes, areas of need, and service impact.
• Ongoing quality assurance and quality improvement processes. • Demonstrated ability to provide complete, timely, and accurate data in a case • management system or other relevant experience that demonstrates the capacity for complete, timely, and accurate data entry/tracking. • Additional measurements/metrics/deliverables/assessments provided to demonstrate program impact.
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25 COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF)
FEDERAL GUIDELINES
USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).
Contractor agrees to comply with the following:
A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications Packet Pg. 673
26 and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115- 232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal Packet Pg. 674
27 appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the nonFederal award.
E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
Sections1251-1389).
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708).
Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
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28 H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.
The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “AntiKickback” Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.
I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
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29 J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.
K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants Packet Pg. 677
30 will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Packet Pg. 678
31 contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:
Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
L. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data Packet Pg. 679
32 in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.
M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes.
Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.
N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City.
O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.
P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City.
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33 Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.
R. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.
S. Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control.
T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.
U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R.
Part 25.
V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R.
Part 170.
W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and Packet Pg. 681
34 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R.
Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
X. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.
Z. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.
AA. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601-4655) and implementing regulations.
BB. Applicable Federal environmental laws and regulations.
CC. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
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35 DD. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S.
Department of Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.
GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.
HH. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
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36 iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.
II. The City must include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.” JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.
KK. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.
LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.
MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later.
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37 NN. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112.
OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control.
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38 SCHEDULE OF CHARGES
Description FTE Rate Years Total Cost
Program Manager 1 $70,000.00 2 $140,000.00
Peer Specialist ($20/hr.) 2 $41,600.00 2 $166,400.00
SUD Counselors ($24/hr.) 2 $49,920.00 2 $199,680.00
Case Managers ($22/hr.) 2 $45,760.00 2 $183,040.00
Data Coordinator 1 $56,160.00 2 $112,320.00
Salaries Subtotal 8 $263,440.00 2 $801,440.00
Employee Benefits @ 22% $801,440.00 $176,316.80
Subtotal Salaries & Employee Benefits $977,756.80
Operational Cost
Service and Supplies Rates/Units Annual Cost Years Cost Client Expenses $75/600 $45,000.00 2 $90,000.00
Client Financial Assistance 189.25 $56,775.00 2 $113,550.00 Program Supplies $250 $3,000.00 2 $6,000.00
Office Supplies, Postage,
Printing
$250 $3,000.00 2 $6,000.00
Staff Training Development $100 $800.00 2 $1,600.00
Field Telephone
Communications
$360 $4,320.00 2 $8,640.00
Professional Liability
Insurance
1 $5,000.00 2 $10,000.00
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39 Vehicle
Gas/Maintenance/Insurance
1300.00 $15,600.00 2 $31,200.00
Subtotal Services/Supplies $266,990.00
Lease
Vehicle $18,000.00 2 $36,000.00
Office Space $3k/mth at
$1.50 sq. Ft.
$36,000.00 2 $72,000.00
Subtotal for Leases $108,000.00
One-Time Costs
Technology/Set up
Computers, Tablets, Tech,
Software, Estimated 1,500
per employee
$1,500.00 $12,000.00 8 $12,000.00
Subtotal for One-Time Costs $12,000.00
Administrative
Administrative Overhead $135,274.68 $135,274.68
Subtotal Administrative
Overhead
$135,274.68
Project Total Costs $1,500,021.48
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Addressing the City’s
Homeless Crisis
Presented by:
Cassandra Searcy, Deputy Director of Housing, and
Homelessness
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Homelessness State of Emergency
Implementation Plan
1. Expand Shelter Bed Capacity
2. Introduce Dedicated Homeless Outreach Team
3. Establish Interim Shelter
4. Expand Mobile Showers + Laundry Services
5. SB HOPE Campus
6. Amended Municipal Code
7. Streamlined Application Process for new
Emergency Shelters
8. Establish Shelter Operator Protocols
9. Compliance
10.Emergency Shelter Zone Overlay
11.Community Partners
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123 183 358 276
639 823 992 1017
128 50 120 209
890 1056 1350 1502
Sheltered
Unsheltered
Transitional
Total
2019 2020 2022 2023
123
183
358
276
639
823
992 1017
128
50 120
209
890
1056
1350
1502
City of San Bernardino Homelessness Data
2019-2023 • 611 Total Shelter
Beds Needed
• 387 Active Shelter
Beds
• 224 Beds Needed
to Reach Goal
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Current City Shelters
OrganizationDemographicBed Count
Lutheran Social ServicesMen70
The Salvation ArmyWomen with Children95
Restoration House of RefugeMen & Women18
Operation GraceWomen & Children6
Time for Change FoundationWomen & Children18
Mary’s Mercy CenterMen76
Mary’s HavenWomen &
Children
35 The Way World OutreachMen, Women & Children70
Total Bed Count 387
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What Action is
the City Taking ?
•A New
Dedicated
Homeless
Outreach Team
•Expanded
Mobile Shower
Services
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Strategic Partnerships
SHERIFF’S HOPE
TEAM/INNROADS
SALVATION ARMY DRO’S/COAST TEAM HEALTHCARE IN ACTION
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Interim Shelter
The City is taking steps to
establish interim shelters
using local churches, motel
and vacant property to
temporarily shelter
unhoused individuals, while
the City constructs its
Navigation Center (SB HOPE
Campus).
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SB HOPE Campus.
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Faster Deployment
than Previously
Thought
Non-congregate, low barrier housing units
can be built at a faster pace than previously
reported with the right developer & a mix of
prefabricated modular units.
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Accessory Dwelling Unit/Tiny Home
A 375 sq ft ADU delivered with a fullsize bathroom, kitchen, appliances and tall ceilings with big windows.
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Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
The Procurement
Guidelines for
ARPA permits
noncompetitive
procurement in
the event of a
public
emergency.
DIRECT CONTRACT WITH DEVELOPER
2 MONTHS TO DESIGN AND SET UP
INFRASTRUCTURE
1 MONTH TO OBTAIN PERMITS-CITY CAN
STREAMLINE APPROVAL PROCESS
4 MONTHS TO CONSTRUCT
Estimated Timeline-7 Months Completion
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Phase I – Surplus Land Declarations
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Projected Expenses
Development Cost
ARPA
*Homekey
Operating Cost
City ARPA, County ARPA,
PLHA *HHAP 3, *ERA2,
*County Surplus
Delivery & Set Up Cost for 112 Units $6.5M
Year 1 Year 2
Cost to Construct $6.5M
Start Up Cost $400,000
Contingencies $300,000
Annual
Operational Cost
$3.5M $3.5M
Total $10.7M $3.5M
Potential Funding Sources
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Cost Comparison
According to the 2020
San Bernardino County
Cost Study chronically
homeless individuals
cost cities $31,873 per
person per year just to
manage.
The cost to assist homeless
individuals at the City’s SB
HOPE Campus is $15,625
per person per year.
Total cost for 224 people =
$3.5 M
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Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
A Lead Operator
Will Provide
Essential
Services
CASE MANAGEMENT
WRAP AROUND SUPPORTIVE
SERVICES
MEALS
SECURITY
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Recommendations
1. Authorize the City to submit a joint Homekey application with Hope the Mission (HTM) for the development of the SB HOPE Campus.
2. Approve the Homeless Outreach Contract with HTM.
3. Authorize the City to negotiate and bring back a contract with HTM to act as the developer and lead operator of the Navigation Center.
4. Approve the Mobile Shower Agreement with Community Action Partnership.
5. Approve the reallocation of ARPA funds to provide interim housing.
6. Adopt the Homelessness State of Emergency Implementation Plan.
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Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
Questions ?
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These slides depict the general
areas of the Emergency Shelter
(ES) Overlay District. Precise
locations may be found in
Ordinance No. 1342.
Emergency Shelter
District Overlay
Locations
City of San
Bernardino
Zoning Map
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Emergency Shelter Overlay District Area 1
Some areas within the ES Overlay
may be developed. District Area 1
N
Ward 6
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Emergency Shelter Overlay District Area 2a
District Areas 2a
Some areas within the ES
Overlay may be developed.
Ward 6
N
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Emergency Shelter Overlay District Area 2b
District Areas 2b
Some areas within the ES
Overlay may be developed.
N
Ward 6
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Emergency Shelter Overlay District Area 3
Some areas within the ES
Overlay may be developed.
District Area 3
N
Ward 3
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Emergency Shelter Overlay District Area 4
Some areas within the ES Overlay
may be developed.
N
Ward 2
District Area 4
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Emergency Shelter Overlay District Area 6
District Area 6 Some areas within the ES Overlay
may be developed.
N
Ward 3
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Resolution No. 2023-076
Resolution 2023-076
May 17, 2023