Agenda packet — Mayor and City Council, June 30, 2023 (part 1 of 2)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
REVISED AGENDA NO.3

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY FRIDAY, JUNE 30, 2023
9:00 AM SPECIAL MEETING
201 N E St. 2nd FLOOR MULTIPURPOSE ROOM • SAN BERNARDINO, CA 92410 WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso

COUNCIL MEMBER, WARD 5
Kimberly Calvin

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

REQUESTS TO SPEAK & WRITTEN PUBLIC COMMENTS
SUBMITTED VIA EMAIL ARE DUE BY:
7:00 A.M. ON FRIDAY MORNING

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://tinyurl.com/mccpubliccomments

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup

From the City's homepage www.sbcity.org select the Government category > City Clerk > on the Navigation menu select Search for Records Online > Council Agendas > Current Year 2023 > Meeting Date

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

9:00 A.M.

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA

PRESENTATIONS

1. Quality of LifeAddressing the City’s Homeless Crisis p.9

2. Quality of Life – Police Department p.108

3. Quality of Life Securing Public Spaces p. 120

4. Quality of Life Health & Safety, Encampment Cleanups (All Wards) p. 130

5. Quality of Life – City Website Updates p. 174

6. Quality of Life Discussion on Public Parks and Recreational Facilities (All Wards) p. 180

7. Quality of Life – Prohibiting Storage of Personal Property in Public Areas (All Wards) p. 195

8. One Stop Shop Update (All Wards) p. 206

9. Infrastructure Master Plan p. 221

10. Legislative Affairs Update (All Wards) p. 236

11. Economic Development Workshop p. 257

DISCUSSION

12. Bottom Line: Fiscal Impact Presentation and Discussion (All Wards) p. 463 Recommendation:

No action will be taken at the June 30, 2023, Mayor and City Council Workshop.

Staff will bring back recommendations for the Mayor and City Council to further discuss and consider at a future meeting.

Mayor and City Council of the City of San Bernardino Page 3

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on July 19, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the revised agenda for the June 30, 2023, Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevel opment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Thursday, June 29, 2023.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 4

NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 5

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Mayor and City Council of the City of San Bernardino Page 6

ALTERNATE MEETING VIEWING METHOD:

If there are issues with the main live stream for the Mayor and City Council, you may view the alternate stream on TV3

https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1? channel=6

PUBLIC COMMENT OPTIONS

Please use ONE of the following options to provide a public comment:

1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submi t your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)

Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email [email protected]. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment.

Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you.

The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

For the Regular Meeting please log on no later than 15 minutes after the meeting start time.

Mayor and City Council of the City of San Bernardino Page 7

a) You can use a mobile phone or a landline to dial into a Zoom meeting.

i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023

ii) Dial *9 from your phone to raise your hand via Zoom

If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
https://sbcityorg.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453
Passcode:2023

You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2023

Mayor and City Council of the City of San Bernardino Page 8

NOTICE OF A SPECIAL MEETING OF THE

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

DATE: Thursday, June 29, 2023
SUBJECT: Special Meeting on Friday, June 30, 2023

NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council of the City of San Bernardino, has called a Special Meeting for Friday, June 30, 2023, at 9:00 a.m.to 6:30 p.m.

Said meeting shall be for the purpose of considering the following:

PRESENTATIONS

1. Quality of LifeAddressing the City’s Homeless Crisis

2. Quality of Life – Police Department

3. Quality of Life Securing Public Spaces

4. Quality of Life Health & Safety, Encampment Cleanups (All Wards)

5. Quality of Life – City Website Updates

6. Quality of Life Discussion on Public Parks and Recreational Facilities (All Wards)

7. Quality of Life – Prohibiting Storage of Personal Property in Public Areas (All Wards)

8. One Stop Shop Update (All Wards)

9. Infrastructure Master Plan

10. Legislative Affairs Update (All Wards)

11. Economic Development Workshop

DISCUSSION

12. Bottom Line: Fiscal Impact Presentation and Discussion (All Wards) Recommendation:

No action will be taken at the June 30, 2023, Mayor and City Council Workshop.

Staff will bring back recommendations for the Mayor and City Council to further discuss and consider at a future meeting.

ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to a Regular Meeting to be held on J uly 19, 2023, at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino 92401. Open Session will begin at 9:00 a.m.

Genoveva Rocha, CMC, City Clerk

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3 9

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 30, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Lanier, Agency Director of Community, Housing &
Economic Development
Department: Community, Housing & Economic Development
Subject: Quality of Life-Addressing the City’s Homeless Crisis

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Quality of Life
Addressing the City’s Homeless Crisis
Presented by:

Cassandra Searcy, Deputy Director of Housing & Homelessness

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Court Rulings & Settlements
Martin v. Boise
• In September 2018, the Federal Court ruled against Boise, Idaho for criminalizing (prosecuting) homeless people for sleeping in public places when the city lacked enough shelters.
• This Case severely restricts a city’s ability to manage or control the spread of homeless encampments.

Judge Carter Settlements
• Orange County vs Orange County Catholic Worker (Case Settled October 2018)
• City of Los Angeles (Case Settled April 2022)
• County of Los Angeles (Case Settled September 2022)

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City of San Bernardino Homeless Data
123 183 358 276
639 823 992 1017
128 50 120 209
890 1056 1350 1502
Sheltered
Unsheltered
Transitional
Total
2019 2020 2022 2023
0 200
400
600
800
1000
1200
1400
1600
123 183
358 276
639
823
992 1017
128 50 120 209
890
1056
1350
1502
2019-2023
Shelter Beds
415 Currently
Active
196 Still Needed
611 Total Required

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Current Action
Programs & Services
• Homeless Outreach Team
• Mobile Showers
• Multi-Disciplinary Team
o City Police Dept
§ District Resource Officers
§ COAST Team
o Code Enforcement
o Public Works
o Animal Control

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SHERIFF’S HOPE

TEAM/INNROADS

SALVATION ARMY &

CATHOLIC CHARITIES
DRO’S/

COAST TEAM

HEALTHCARE

IN ACTION
Multi-Disciplinary Team

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Background
Prior Council Action:
• December 7, 2022 – The Mayor and City Council allocated $24.5 million in American Rescue Plan Act (ARPA) funds towards a Homelessness Initiative with the following projects and services:
• SB HOPE Campus and Navigation Center – Development ($12.45 million)
• Navigation Center Operating Costs ($4.5 million)
• Homelessness Outreach Team ($1.5 million)
• Mobile Shower & Laundry Services ($150k)
• Project Homekey Round 3:
• Lutheran Social Services ($5 million)
• San Bernardino Valley College ($900k)

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Background
Prior Council Action:
• February 1, 2023 - The Mayor and City Council declared a Homelessness State of Emergency.
• March 15, 2023 – The Mayor and City Council approved an additional $4,299,672 of HOME-ARP funds to assist in the design, construction, and operation of the City’s future Navigation Center.
• April 26, 2023 – The Mayor and City Council approved a joint application with Lutheran Social Services for Project Homekey 3.0 grant funding for the development of a 140-bed interim housing facility and 30 semi-private emergency shelter beds. • May 3, 2023 - $1.7 million in CDBG funding allocated towards a temporary emergency shelter; approved Emergency Solutions Grants to Homelessness providers.

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Background
Prior Council Action:
• May 17, 2023:
• Applied to Project Homekey 3.0 Grant funding for development of SB Hope Campus (Navigation Center)
• The Mayor and City Council:
• Approved a Professional Services Agreement ($1.5 million) with Hope the Mission to oversee the City's Homeless Outreach Project and to act as developer and lead operator of the Navigation Center. • Approved a one-year Mobile Shower Pilot Agreement with Community Action Partnership for $150,000.
• Reallocated $973,500 in ARPA funds from SBVC Project and ASU Relocation Assistance to provide interim housing

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Interim Shelter
Core Components
• Up to 100 Motel Units
• Security & Housekeeping
• Case Management
• Wrap Around Supportive Services
• Meals (2 per day)
Council approval is needed to secure an
Agreement with a local motel owner &
interim shelter Lead Operator

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Conceptual SB Hope Campus
Interim Housing, Healthcare, and
Services

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Navigation Center Location
Sixth Street

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Recommendations
Staff will recommend at a future meeting the follow actions:

1. Approve the Professional Services Agreement with Hope the Mission to act as Lead Operator at the City’s Interim Shelter.

2. Approve the Professional Services Agreement with SB Express LLC to establish Motel Interim Shelter.

3. Approve the annual allocation of $2 million from the General Fund beginning FY 2026/27 to help sustain homeless related activities.

4. Adopt Resolution No. 2023-092 authorizing the Interim City Manager or his designee to apply for and execute grants related to addressing homelessness.

Request For Funding FY 2023/24 Future
Homeless Sustainability Commitment N/A $2,000,000

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Questions?

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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 30, 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 California nonprofit corporation with its principal place of business at 16641 Roscoe Place, North Hills, CA 91343 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS

1. In compliance with the Homelessness State of Emergency, which was declared on February 1, 2023, the City is taking progressive steps to mitigate homelessness.

2. Because most of the City’s shelters are at full capacity, the City has negotiated the use of 125 motel rooms from the Super 8 Motel located at 205 E Hospitality Lane in San Bernardino. The motel rooms will act as interim shelter, and the units will exclusively be used by the interim shelter lead operator (Consultant) to provide immediate low-barrier, Housing First, solutions and linkages to a broad range of housing resources.

3. The interim shelter will be referred to as the “Bridge to Placement Program” and will only be in use until the City constructs its navigation center, which is estimated to take eight (8) months.

4. The goals of the program are to reduce the loss of life for unhoused residents, increase access to mental health and substance abuse treatment, eliminate street encampments, promote long-term housing stability, and enhance the safety and hygiene of neighborhoods for all residents, businesses, and neighbors. Services will be low-barrier, trauma- informed, and data driven. Services must remain flexible to support the needs of individuals receiving services, as well as to accommodate the limits of available local funds.

5. City is a public agency of the State of California and is in need of professional services for the following project:

Interim Shelter Lead Operator (hereinafter referred to as “the Project”).

6. Consultant is duly licensed and has the necessary qualifications to provide such services.

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2 7. 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” and incorporated herein by this reference.

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 “B.” and incorporated herein by this reference.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,920,835.85. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant must 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.

Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice. The invoice shall describe in detail a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required below. c. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

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3 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.
a. This Agreement shall commence on June 30, 2023 and continue for eight months through February 21, 2024. From and after the Termination Date, and upon subsequent Agreement by the Parties, this is Agreement may continue on a month-to- month basis until terminated pursuant to Section 21 below. b. This Agreement may be extended for ONE (1) additional one-year period (hereinafter “Option Period”), at the option of City, subject to satisfactory performance as determined by the City. City shall give Consultant sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of a subsequently exercised Option Period, if any, should the City decide to exercise its option(s) to extend. In the event City does not give Consultant such written notice of its option to extend, this Agreement shall terminate at the end of the then-current Term or Option Period without further notice from either Party, unless terminated earlier pursuant to the provisions of Section 21 below. Should the City fail to give Consultant the sixty (60) days written notice of its intention to exercise any Option Period, the City may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Consultant.

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.

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4 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 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.

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5 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.

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.

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6 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
(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.

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7 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 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.

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8 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 or spread of malicious software code, 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 representative of the insurer and shall certify the names of the insured, any additional

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9 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, independent contractors, subcontractors, 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. Each policy of insurance shall be endorsed to reflect such waiver. (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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(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.

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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 County of San Bernardino, State of California.

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21. Termination or Abandonment
a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the City shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

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.

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.

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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
Attention.: Cassandra Searcy
Deputy Director Housing & Homelessness
290 North D Street
San Bernardino, CA 92401
With Copy To:

City of San Bernardino
Vanir Tower
Attention: City Attorney
290 North D Street
San Bernardino, CA 92401
CONSULTANT:

Hope the Mission
Attention: Ken Craft
Chief Executive Officer
16641 Roscoe Place
North Hills, CA 91343

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

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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 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

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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.

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:

44.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

44.3 Treasury Compliance and Reporting Guidance for the Act;

44.4 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;

44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

44.6 Federal contract provisions attached hereto as Exhibit “C” and incorporated herein by reference.

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and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]

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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
Date:

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
Thomas Rice

HOPE THE MISSION
Signature
Ken Craft
Name
Chief Executive Officer
Title
Date:

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EXHIBIT A

SCOPE OF SERVICES
HTM’s Bridge to
Placement Interim Shelter for
the City of San Bernardino
Scope of Required Services:

The Scope of Required Services {SRS) for the City of San Bernardino’s Bridge to Placement Program contains a written summary of detailed information regarding the services that may be provided to Program participants based on available need and available resources. The City is partnering with Hope the Mission (HTM), which will have exclusive rights to refer unhoused individuals into the Bridge to
Placement Program during the City's construction of its navigation center.

The City reserves the right to make any necessary changes related to prioritization, matching, and other aspects of the
implementation needed for the County's Coordinated Entry System (CES). HTM, hereby referred to as Contractor, will be notified of any such changes through policies, interim guidance, and other forms of guidance when deemed necessary.

A. PROJECT DESCRIPTION
The Bridge to Placement Program is a housing-focused solution to combating homelessness for unhoused residents in the City of San Bernardino.

The City has secured 125 motel rooms from the Super 8 Motel located at 205 E Hospitality Lane in San Bernardino, which will exclusively be used by the Contractor to provide immediate low-barrier, Housing First, interim housing solutions and linkages to a broad range of housing resources. The goals

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of the program are to reduce the loss of life on the streets of San Bernardino, increase access to mental health and substance abuse treatment for unhoused residents, eliminate street encampments, promote long-term housing stability for people experiencing homelessness, and enhance the safety and hygiene of neighborhoods for all residents, businesses, and neighbors through the available service interventions. Services will be low-barrier, trauma-informed, and data- informed. Services must remain flexible to support the needs of individuals receiving services, as well as to accommodate the limits of what the local funding permits.

It is anticipated that the Interim Shelter will be in place for eight (8) months, while the City develops a low-barrier navigation center. If an individual residing in interim shelter has not been connected to transitional or permanent housing by the time the navigation center is ready for operation, said individual will be transitioned from interim shelter into the navigation center by the Contractor.

B. ELIGIBILITY FOR SERVICES

1. Population Served: All participants must be experiencing homelessness under Categories 1 or 4 per HUD's Final Rule on Defining Homelessness (24.CFR parts 91, 576, 578; see Item 6. for additional details) and referred directly by Contractor, which will perform an assessment and certify homeless status utilizing the City's ESRI Homeless Survey. (see Item

7. for additional details).

1.1. Unaccompanied Minors are not eligible for enrollment or services in the program. Unaccompanied minors will be connected to a Transitionally Aged Youth (TAY Program).

2. Homeless Status: Participants must be determined to be homeless under Categories 1 and 4 according to HUD's Final Rule on "Defining Homeless" (24 CFR parts 91, 576 and 578) or
experiencing homelessness upon exiting from an institution.

2.1 Contractor will be responsible for documenting the
determination of the participant's homeless status utilizing City approved Homeless Certification Forms. Contractor must upload the City's Homeless Certification Form into the County's Homeless Management
Information System (HMIS). In the case where homelessness is being documented with an HMIS Participant Summary, the provider just needs to make a case note in HMIS indicating the HMIS

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Participant Summary shows the participant was homeless within 7 days of program entry. If hard copy files are maintained, the documentation must be placed inside the participant's master file.

This includes the HMIS Participant Summary.

3. Each Bridge to Placement participant will be selected from street outreach provided by Contractor, which will also work collaboratively with the City's COAST Team (Community
Outreach and Support Team), providing crisis intervention, Public Works and the Code Enforcement Division. Homeless Outreach teams are directed by the City's Housing &
Homelessness Division.

C. COMMITMENT TO PROVIDING LOW BARRIER SERVICES

4. Contractor will assist participants quickly to self-resolve their housing and/or make reasonable efforts to re- connect with supportive family and/or friends who could temporarily or permanently house the participant. HTM is required to ensure problem solving is incorporated into the program model.

5. Contractor will develop a comprehensive service plan tailored to the specific needs of homeless individuals, including housing placement assistance, mental health support,
substance abuse treatment, job training, and access to
healthcare.

6. Establish partnerships with local service providers, such as healthcare facilities, employment agencies, educational institutions, and community organizations, to ensure a holistic approach to supporting the homeless population.

7. Implement effective management systems for intake,
assessment, case management, security, maintenance, and daily operations.

8. Develop protocols for handling emergencies, crisis situations, and any other contingencies that may arise.

9. Contractor shall not deny entry to the Bridge to Placement program based on suspicion of substance abuse, insobriety, mental disorder, or criminal background, unless Contractor determines that a participant poses an imminent threat to themselves, staff, or other participants?]. Further, Contractor is prohibited from conducting drug or alcohol testing, criminal background checks or making inquiries to verify that a
participant is clean and sober (free from alcohol or drug use.)

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All instances must be noted through the Incident Reporting protocol found in the Minimum Program Standards.

10. Bridge to Placement Participants with pets (no more than 2) will be allowed to house their animal in their motel room during their stay. HTM will use its “Whatever it Takes” fund to cover the additional motel fee of $10 per day per pet. Participants will be completely responsible for the care and maintenance of their pet(s) during their stay.

11. Contractor must abide by all COVID-19 Prevention and Response Practices that include screening, prevention, and response practices designated by the LA County Department of Public Health (DPH) regarding COVID-19. Contractor will ensure that staff and participants adhere to any Orders issued by the State or County's Health Officer when in effect. Further description is noted in the individual Scope of Required service per program.

D. SUPPORTIVE SERVICES AND ACTIVITIES

12. Outreach: Outreach will be utilized through the existing outreach infrastructure as designated by City resources and directed by the City’s Housing Division. Existing outreach coordination shall be leveraged and will be pivotal in assessing encampments and individual needs to ensure resources are directed appropriately.

13. Bridge to Placement Care Coordination Responsibilities:

Contractor is responsible to ensure that interim shelter participants are supported from initial engagement through to permanent housing. Contractors facilitate the coordination of permanent housing placement from the interim housing solution (either interim housing site or motel vouchers) that a client may be staying within. Contractors must ensure HMIS data collection is accurate and timely for each client, ensure individual case management services are coordinated amongst various
programs, ensure that available resources are provided to each client after outreach assessment and placement into shelter (motel) locations is finalized. Contractors must work with Housing Navigators and Time Limited Subsidy providers to ensure that available slots are utilized, and participants are linked to resources. Should gaps be determined, contractors will connect with the City to address identified needs.

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13.1. A recommended infrastructure (not required) includes contractors leading Bridge to Placement coordination
meetings with affiliated service providers to oversee case conferencing. The City will provide support and oversight of the entire process.

14. Motel Voucher Program: The City has secured motel rooms for Bridge to Placement participants into motels at the cost of the City.

All participants must comply with the Bridge to Placement Program Guidelines and Participant Agreement (Exhibit A).

15. Meal Voucher: Contractor will provide two (2) meals per day to each participant staying in motel for Bridge to Placement services. Contractor is required to ensure that any participant placed in a hotel location will receive meal services.

16. Housing Navigation (HN): Contractor will access local homeless housing providers to identify and utilize housing resources.

Contractor will also establish rapport with landlords and property owners to create pathways to housing options.

17. Length of Enrollment: Contractor must strive to assist participants in moving out of Interim Housing and into their own Permanent Housing unit as quickly as possible. The total length of stay (up to 6 months) can and should be individually determined, based on the participants' needs. Length of stay may be extended or shortened based on individual needs and overall Bridge to lacement objectives that may change over time.

E. HMIS DATA COLLECTION AND PARTICIPATION REQUIREMENTS

18. Contractors must utilize HMIS as their primary participant tracking and document storage system, unless prohibited by law, to track all participants served and the services provided. Contractor shall also provide the City with collected data for internal data analysis.

19. Contractor will ensure that all participants sign the Consent to Share Protected Personal Information form granting consent for Contractor to enter information into the HMIS database. If warranted because of health, safety, or other concerns that prohibit the Contractor from getting the document signed, the Contractor may obtain verbal consent. The receipt of verbal consent must be documented in a Program Level Case Note along with the reason verbal consent was obtained. If consent is not provided, participant is still entitled to receive services.

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20. Contractor must adopt and implement the best practices for data collection and data entry as outlined in the addenda.

20.1. Contractor will search the Clarity HMIS database for an existing profile. If none is found, the Contractor will collect and record the participant's consented information into the database and create a participant record.

20.2. In completing the participant's records, referred to as Profile, the Contractor will fully complete fields based upon participant's responses. When previously undisclosed information is
collected, the Contractor will update the participant's profile.

20.3. To enroll a participant in a program, the Contractor must complete a Program Enrollment. The contractor must
complete the Program Enrollment (program entry/intake)
questions in the HMIS database with as much information as the participant can provide. For missing information, mark the appropriate field - "Participant Doesn't Know" or
"Participant Refused"; if/when a participant/household
discloses any missing information, the Contractor must
update the participant's intake in HMIS within 3 days or complete a Status Update Assessment.

20.4. Contractor must enter all unit services and meals provided to program participants.

20.5. Contractor must enter the unit service daily to reflect a participant's use of that unit that night.

20.6. Contractor must enter each meal service (breakfast, lunch, dinner) to reflect the participant's use.

20.7. With all participants, the Contractor must record the program exit or termination within 3 business days. Contractor shall enter the Exit Date as the date the a) last service was provided (meal service, case management, etc.), orb) the last unit service was provided.

F. Exiting Participants

21. Contractor must develop clear Policies and Procedures for exiting participants from Interim Housing.

21.1. Contractor must NOT exit the participant from enrollment in Interim Housing unless one of the following conditions are met:

21.2.Participant is successfully placed into permanent housing.

21.3.Participant is enrolled in another Interim Housing program (Crisis, Bridge, Recuperative Care, Stabilization, etc.) or Transitional Housing Program.

21.4. Participant relocates outside of the City of San Bernardino.

21.5.Reunification services are utilized, or the Participant self- resolves their housing crisis.

21.6.Participant is deemed a risk to self, the safety of the contractor's staff, or other participants.

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21.7. Participant is hospitalized or incarcerated for fourteen (14) consecutive days or more.

21.8. As an interim housing program, it is anticipated that participants will stay in the program most nights: however, there may be circumstances in which a participant works overnight and sleeps during the day, or where participants have an alternate place to stay on some nights. If participants are not staying in the program regularly and have not notified the Contractor of their absence for three or more consecutive days/nights, Contractors must make at least three attempts to contact the participant prior to exiting them from the program. Attempts must be made using at least two (2) different methods (e.g., calls, texts, e-mail) and must document in HMIS. If these attempts are unsuccessful, the Contractor may exit the participant.

21.9. Contractor must NOT exit a Participant from Interim Housing for the following reasons:

21.10. Active substance use

21.11. Failure to have an income

21.12. Active health issues

21.13. Mental health conditions

21.14. Failure to abide by personal budget

21.15. Non-compliance with Housing and Services Plan

21.16. Medication non-compliance

21.17. Contractor should re-enroll participants that have been exited due to unapproved absences if and/or when a unit becomes available.

21.18. When a participant has been successfully linked to a permanent housing program, Contractor must provide the necessary support when that linkage has been implemented. Linkage should never be done merely in the form of a
"referral," but rather should be done as a "warm hand off."

21.19. Provider must work collaboratively with the Case Manager in the housing program to facilitate a quick and successful transition that is not disruptive to the participant.

21.20. Transition Plan: Contractor must complete a
Transition Plan for all participants.

21.21. Transition Plans for participants not entering
Permanent Housing placements should include referrals and linkages to other Interim housing resources, with a warm hand-off (i.e., documented transition between providers) that show a smooth transition from Interim Housing was made.

21.22. Exit must be entered into HMIS indicating where
the Participant has "exited to."

21.23. "Unknown destination" entries in HMIS are to be
discouraged. Exits must be entered in HMIS at the time
of their exit.

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21.24. Exit Plan: Contractor must complete an Exit
Summary Plan for all participants, documented as a
case note in HMIS

21.25. Exit must be entered into HMIS indicating where
the Participant has "exited to."

21.26. "Unknown destination" entries in HMIS are to be
discouraged. Exits must be entered in HMIS at the time
of their exit.

21.27. Exit Plan: Contractor must complete an Exit
Summary Plan for all participants, documented as a case note in HMIS.

G. Recipient’s Duty to Notify City of Changes

22. Within fifteen (15) days of Recipient becoming aware, Recipient agrees to provide the City with written notice of any facts that may materially affect the performance of Recipient under this Agreement or impact the City’s decision to continue funding under this Agreement. Among the items to be disclosed are: any amendments(s) to Recipients Articles of Incorporation or By-Laws; move to dissolve or transfer any assets derived from use of funds set forth herein under Exhibit B (Project Budget).

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Appendix I: Program Eligibility Guidance
Eligibility Guidance
• Participants are required to have a form of identification on file. Copies are • acceptable. However, if a participant does not have an identification card at the time of the program screening, Contractor must not deny the participant entry, but rather • assist the participant in obtaining an identification card. • Category [A] are acceptable forms of government issued photo identification cards.

If the participant does not have any of the acceptable identification cards listed in Category
• [A] they may provide one acceptable form of alternative photo identification in Category [Bl along with one acceptable non-photo form of identification in Category [C] to meet the government issue identification requirement.

A copy of a social security card is NOT required for the program. [Category B] Alternative [Category C]
[Category A] Government Forms of acceptable Alternative Forms of issued photo photo acceptable non-photo
Identification Card {ID) identification Card {ID) identification • State-issued DMV ID
• State-issued DMV
Driver's license
• Student ID
• Shelter ID
• Employment ID
• Birth certificate
• Utility Bill
• Lease/ rental
Participant
Identification
• Passport/ Passport
Card
• Bank/ Debit/ Credit
Card
contract
• School Records
• US Military ID
• Immigration
Services
• Transportation
Card
(METRO)
• Medical / Dental
insurance card
• Debit/ bank card
(USCIS) ID • Library Card • Credit card
• Visa issued by
department of state
OR • Gym Membership
Card
AND • Legal records/ court
documentation
• Government issued
ID
• Warehouse
Membership Card
• Tax Identification
Number/ Paperwork
(TIN)
• Social Security card
• American
Automobile
Association (AAA) card
• American Association
of
Retired Persons (AARP)

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EXHIBIT B

SCHEDULE OF CHARGES
Hope of the Valley Rescue Mission
Motel Budget
Expenses
Personnel Pay Rate Pas. Yr Wage FTE Total Wages
Program Manager $ 70,000.00 1.00 46,666.67
Case Managers $ 22.00 $ 45,760.00 4.00 122,026.67
Data Coordinator $ 27.00 $ 56,160.00 1.00 37,440.00
Total $ 206,133.33
Fringe Benefits (22%) $ 45,349.33
Total Personnel Cost $ 251,482.67
Operational R ate$ # of Security Total Cost
Meals $ 7.00 200 $ 681,333.33
Program Supplies $ 17,000.00
Transportat ion Cost $ 7,000.00
Vehicles $ 8,000.00
Total Operational Costs $ 713,333.33
Total Personnel Cost $ 251,482.67
Total Operational Cost $ 713,333.33
Adm inistration - 5% of Direct Expenses $ 96,481.60
Total Program Expenses $ 1,061,297.60

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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
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 “C”.

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)
(a) 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.
(b) 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:
(i) 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.
(ii) 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.
(iii) 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.

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(iv) 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 commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) 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.
(vi) 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. (vii) 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.
(viii) 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.

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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 o r 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 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.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) 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.
(ii) 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

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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. (iii) 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.
(iv) 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 responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) 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..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) 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. (ii) 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)

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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.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) 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).
(ii) 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. (iii) 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.
(iv) 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 agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: 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 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.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) 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

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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.
(ii) 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.
(iii) 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. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) 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). (1) 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). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) 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. (ii) See Public Law 115-232, section 889 for additional information.

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(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) 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. (ii) For purposes of this section:
(1) “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. (2) ‘‘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) (a) 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. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) 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;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

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(c) 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
(a) 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. (b) 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:
(i) 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.
(ii) 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.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 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. (iv) 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.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.

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(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) 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:
(i) 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.
(ii) 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. (iii) 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.
(iv) 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.
(v) 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.
(d) 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.
(e) Protections for Whistleblowers.
(i) 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.

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(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) 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
(g) 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.
(h) 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:
(i) 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.

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(ii) 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. (iii) 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.
(iv) 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.
(v) 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:

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).
(vi) 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.

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(vii) 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. (viii) 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.
(ix) 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.
(x) 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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Exhibit 1
Scope of Work/Lease Agreement
Bridge to Placement Scope of work

1.1 Hotel Facility. Owner represents that it owns and operates a hotel facility under the name SB Express One LLC, located at 205 E Hospitality Lane, San Bernardino, CA 92408 (“Hotel”). Owner represents that its ownership and operation of the Hotel is in full compliance with all federal, state, and local laws, and shall so remain throughout the entire term of this Agreement without interruption.

1.2 Authorized Service Providers. The homeless-service providers listed in Exhibit A to this Exhibit 1 shall be referred to herein as “Authorized Service Providers.” City reserves the right to revise the listed Authorized Service Providers (e.g., adding or deleting homeless-service providers) by providing notice of such revision in writing. Employees/agents of Authorized Service Providers, and only such persons, are hereby authorized and shall have the right to request the lodging of persons being housed pursuant to the Bridge to Placement (“Bridge to Placement”), check-in such participants into the Hotel (subject to guest-room availability), incur room-rate charges payable by City pursuant to this Agreement, and enter and use the Hotel as provided for in this Agreement.

1.3 Check-in Procedures for Bridge To Placement Participants. Before checking-in a Bridge to Placement Participant, the Owner shall ensure that an employee/agent of an Authorized Service Provider is present at the Hotel to check-in such participant, and Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider by requesting sufficient identification and documentation. Owner shall not require identification from a Bridge to Placement Participant for any purpose, including check-in or access to the Hotel. In addition to the name of the Bridge to Placement Participant being checked-in, Owner shall document the name and contact information of the Authorized Service Provider. Before check-in, Owner shall ensure that the employee/agent of the Authorized Service Provider inspects, photographs, and documents the condition of the guest room to be occupied by the Bridge to Placement, in addition to the common area in the vicinity of such guest room. Notwithstanding anything to the contrary herein, City shall have no liability or obligation, including without limitation for the payment of room rates or any damages, for Hotel guests that were not physically accompanied by an employee/agent of an Authorized Service Provider at check-in or if Owner does not comply with the provisions of this Section 1.3.

1.4 Check-out of Bridge to Placement Participant. Before checking-out a Bridge to Placement Participant, Owner shall ensure that an employee/agent of the Authorized Service Provider that previously checked-in the participant is present at the Hotel to check-out the participant, and Owner shall verify the employee/agent’s affiliation with the Authorized Service Provider by requesting sufficient identification and documentation. Before check-out, Owner shall ensure that the employee/agent of the Authorized Service Provider inspects, photographs, and

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2 documents the condition of the guest room previously occupied by a Bridge to Placement Participant, in addition to the common area in the vicinity of such guest room. If any Bridge to Placement Participant attempts to check-out of the Hotel without being accompanied by an employee/agent of the Authorized Service Provider that checked-in the participant, Owner shall immediately notify the Authorized Service Provider and allow sufficient time, but in no event less than twenty-four (24) hours, to permit an employee/agent of the Authorized Service Provider to inspect, photograph, and document the condition of the guest room previously occupied by the participant, in addition to the common area in the vicinity of such guest room. Notwithstanding anything to the contrary herein, City shall have no liability or obligation for the payment of any damages to Hotel property if Owner does not fully comply with the provisions of this Section 1.4.

1.5. Access to and Use of Hotel by Authorized Service Providers.

Employees/agents of Authorized Service Providers, at City’s sole cost and expense, shall have the right to book and occupy up to two (2) guest rooms at the Hotel for their own use at any time during the Term of this Agreement. In the event the Authorized Service Providers have not already exercised their right to book and occupy the two (2) guest rooms and the Hotel is approaching full occupancy (approaching full occupancy means 90% occupancy or greater), Owner shall notify the Authorized Service Providers 72 hours in advance and the Authorized Service Providers shall thereafter have 48 hours to notify Owner that it will exercise the rights granted in this section.

Owner acknowledges and agrees that such rooms will be used primarily for office and administrative purposes in connection with the Bridge to Placement Initiative and some furniture may be rearranged accordingly. Authorized Service Providers shall also have the right to have personnel onsite in any room reserved/leased by the Authorized Service Providers and in common areas at the Hotel around-the-clock to provide oversight, security, and monitoring of Bridge to Placement Participants staying at the Hotel.

1.6. Daily Room Rate. The all-inclusive daily room rate for City guests are identified in Exhibit B. Under no circumstance shall Owner require, request, or receive payment of any additional or separate amount from Authorized Service Providers or Bridge to Placement Participants. Owner shall provide replacement guest-room keys to Bridge to Placement Participants and employees/agents of Authorized Service Providers at Owner’s sole cost and expense. City and Owner represent and agree that neither Party shall receive any form of payment or other consideration, whether monetary or in-kind, from Bridge to Placement Participants for access to or use of guest rooms, or for any other reason or purpose. City shall not be responsible for the payment of room-rate charges incurred by any Hotel guest other than Bridge to Placement Participants or employees/agents of Authorized Service Providers whose occupancy at the Hotel fully complies with each and every provision of this Agreement.

1.7. Term. The term of this Agreement (“Term”) shall commence on the date on which the City Clerk of San Bernardino attests this Agreement and shall expire eight (8) months thereafter unless the term is extended or terminated earlier pursuant to provisions of this Agreement. City shall have one (1) option to extend the Term for a period of six (6) months, commencing on the first day following the expiration of the Term. In order to exercise the option, City must give written notice to Owner of such exercise no later than thirty (30) days before the expiration of the Term.

Notwithstanding any other provision herein, City shall have the unilateral right to terminate this

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3 Agreement at any time for any or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation to pay for any charges incurred after this Agreement's expiration or termination. Expiration or termination of this Agreement shall have no effect on City’s obligation to pay for charges properly incurred during the Term hereof.

1.8. Holdover. In the event a Bridge to Placement Participant or employee/agent of an Authorized Service Provider continues to occupy a guest room after the expiration of the Term, including any extensions thereof, this Agreement shall be automatically extended on a month-to- month basis subject to the terms and conditions in effect immediately before the Term’s expiration.

The month-to-month holdover shall continue until either Party gives the other thirty (30) days’ prior written notice of its intention to terminate such holdover.

1.9. Invoices. On a biweekly basis (i.e., every other week), the Owner shall provide City with an invoice, along with all supporting documents therefore, using the “Bridge to Placement Cover Sheet” attached hereto as Exhibit C (as amended by City from time to time). Such invoice shall be provided to City as an attachment to an email sent to [email protected].

Invoices shall specify each guest room occupied by a City guest, the check-in date of the guest, the number of days the room was occupied thereby, and the total amount of charges owed by City based on the all-inclusive daily room rate set forth in Section 1.6. City shall pay such properly detailed and supported invoices in arrears within forty-five (45) days from receipt thereof. City’s obligation to pay such invoices is contingent on Owner providing City with all information and documents necessary to process the invoices. Upon request, Owner shall make available for inspection and copying all records and documents pertaining to this Agreement, including without limitation invoices submitted and payments received.

1.10. Notices. All notices and demands permitted or required to be given by either Party to the other under this Agreement shall be in writing. Such notices and demands shall be (a) personally delivered (including by means of professional messenger service); (b) sent by United States Postal Service (“USPS”) registered or certified mail, postage prepaid, return receipt requested; (c) sent by an alternate commercial overnight delivery service (e.g., FedEx or UPS) with receiver’s signature required; or (d) sent by email, along with a hard copy concurrently sent by means of USPS registered/certified mail or an alternate commercial overnight delivery service. All notices and demands are effective upon receipt. The Hotel’s name and physical address shall be included in all notices and demands. All notices and demands shall be addressed as follows:

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4 To City:

City of San Bernardino
Housing and Homeless
201 North E. Street, 3rd floor
Mail:290 North D Street
San Bernardino, CA 92401
Attention: Homelessness Team
Email: [email protected]
To Owner:

SB Express One LLC
205 E Hospitality Lane,
San Bernardino, CA 92408
Attention: Dipak Patel
Email: [email protected]

1.11. Services, Utilities, and Supplies to be Furnished by Owner. Owner, at its sole cost and expense, shall perform standard hotel services, including, without limitation the following:

1.11.1. Keep and maintain the Hotel in good condition and repair, including without limitation lighting fixtures, electrical systems, plumbing fixtures and systems, HVAC filters and systems, mechanical systems, smoke detectors, elevators (if any), and fire alarms, extinguishers, and sprinklers. Owner shall immediately notify the Authorized Service Provider if there are any issues with the aforementioned room conditions by providing notice as specified in section 1.10.

1.11.2. Furnish all standard utilities, including without limitation water (both hot and cold), electricity, gas (if applicable), trash-disposal, and sewer services.

1.11.3. Perform standard housekeeping and custodial services (e.g., vacuuming floors, dusting surfaces, cleaning bathrooms, and replacing toiletries) to guest rooms occupied by Bridge to Placement Participants in accordance with the Hotel’s standard practices, but in no event less than every three (3) days.

1.11.4. Provide fresh linens (e.g., bed sheets and bath towels) to guest rooms occupied by Bridge To Placement Participants in accordance with the Hotel’s standard practices, but in no event less than every three (3) days.

1.11.5. Maintain and repair guest-room furniture, fixtures, and equipment (e.g., beds, televisions, and refrigerators) that the Hotel typically provides to guests in its regular course of business.

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5 To the fullest extent made available, offered, or furnished to other guests in the Hotel’s ordinary course of business, Owner shall provide City guests with the following items, amenities, and services at no charge, irrespective of whether Owner ordinarily charges therefor: (a) use of parking spaces designated for Hotel guests twenty-four (24) hours a day, seven (7) days a week; (b) access to basic cable television; (c) use of wireless internet services; (d) keeping of pets in guest rooms; and (e) use of guest-room appliances (e.g., refrigerators and microwaves). Except those listed in the preceding sentence, Owner shall not make available, offer, or furnish to City guests any item, amenity, or service for which the Hotel charges amounts beyond those included in room rates, including without limitation food, drinks, pay-per-view television, and room service. Owner shall coordinate with the employee/agent of the Authorized Service Provider checking-in a Bridge to Placement Participant to ensure that all such items, amenities, and services are disabled, blocked, or removed from the guest room before occupancy by a City guest. Under no circumstance shall City be obligated to pay for any such additional charges, and Owner agrees not to charge City for such services to the extent that the Owner provides them.

1.12. Prohibited Participant Conduct. Owner shall immediately alert the Authorized Service Provider that checked-in a Bridge to Placement Participant (followed by written notice to City) should the Owner determine that a Bridge to Placement Participant is doing any of the following at the Hotel:

1.12.1. Engaging in any illegal activity, including without limitation the use, purchase, or sale of illegal drugs;

1.12.2. Damaging Hotel property;

1.12.3. Harassing or threatening Hotel staff, guests, or visitors, including without limitation other Bridge to Placement Participants; or

1.12.4. Unreasonably interfering with Hotel staffs’ ability to perform standard hotel services, including without limitation those specified in Section 1.11.

1.13. No Recovery for Incidental Damages or Lost Profits. Neither Party shall be liable for incidental, consequential, special, or indirect damages of any kind, including without limitation loss of business, revenue, profits, reputation, or good will arising from or relating to this Agreement. Irrespective of categorization (e.g., direct versus indirect), neither Party shall be liable for loss of business, revenue, profits, reputation, or good will arising from or relating to this Agreement.

2.0 Post-occupancy Condition of Guest Rooms. At the conclusion of occupancy by a City guest, the City shall deliver the guest room occupied by the participant in good order and condition as when received, except for the following:
(a) reasonable wear-and-tear;

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6 (b) damages resulting from fire, earthquake, or other casualty; (c) damages resulting from circumstances over which City or its officers, employees, agents, contractors, or subcontractors had no control;
(d) damages caused by the acts, omissions, or conduct of Owner or its officers, employees, agents, contractors, or subcontractors; or
(e) damages caused by the act, omissions, or conduct of third parties that are unaffiliated with City or the Bridge to Placement Initiative.

All other damages to the Hotel caused by City or Bridge to Placement Participants shall be repaired by Owner at City’s sole cost and expense pursuant to the terms and conditions set forth in Section

2.1 and Section 2.2

2.1. Restoration of Premises. Subject to the exceptions set forth in Section 2.0 and the limitations set forth in Section 2.2, City shall reimburse Owner for all costs and expenses actually incurred and paid by Owner for restoration of the Hotel necessitated by damages caused by City, its officers, employees, agents, contractors, or subcontractors, or Bridge to Placement Participants. All restoration costs and expenses shall be preapproved by City based on reasonable commercial-standard estimates. City shall have the right to inspect the damaged property, verify to City’s satisfaction the cause of such damage, and evaluate the reasonableness of the scope and dollar amount of the proposed restoration. City shall not unreasonably delay, condition, or withhold its preapproval. City shall have no obligation to reimburse Owner for costs and expenses incurred without City’s preapproval. Owner’s failure to comply with the requirements set forth in Section 1.3 (Check-in of Bridge to Placement) or Section 1.4 (Check-out of Bridge to Placement Participants)—including without limitation Owner’s obligation to ensure that employees/agents of Authorized Service Providers inspect, photograph, and document the condition of guest rooms, in addition to the common area in the vicinity of such guest rooms, at both check-in and check-out—shall relieve City of any obligation to reimburse Owner for the proposed restoration under this Agreement or otherwise.

2.2 Avoidable Damages Not Recoverable. Notwithstanding anything to the contrary in this Agreement or elsewhere, City shall have no obligation for the payment of any damage, loss, injury, cost, or expense putatively caused by a Bridge to Placement Participant if such damage, loss, injury, cost, or expense could have been avoided altogether or mitigated to any extent through the Owner’s exercise of due care and its compliance with the provisions of this Agreement, including without limitation Section 1.11 (Services, Utilities, and Supplies to be Furnished by Owner) and Section 1.12 (Prohibited Participant Conduct).

2.3 Specific Performance. The Parties agree that City’s primary purpose and interest in entering into this Agreement is to secure interim housing for persons experiencing homelessness. Accordingly, in any legal action for breach of this Agreement, City shall have the right to pursue the remedy of specific performance, in addition to all other remedies at law or equity. In the event of any action wherein the City seeks specific performance of this Agreement, Owner shall waive the defense that a remedy at law would be adequate.

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7 2.4. Quiet Enjoyment. While keeping and performing covenants of this Agreement, City shall peaceably and quietly hold and enjoy guest rooms occupied by Bridge to Placement Participants without hindrance or interruption by Owner or any other persons claiming by or under Owner (subject to any relevant provisions set forth in this Agreement).

2.5. Casualty and Destruction. If fire, earthquake, or other casualty results in the total destruction of the Hotel, this Agreement shall terminate automatically. If such casualty renders ten percent (10%) or less of the Hotel unusable for the intended use, Owner shall restore the premises as quickly as reasonably possible, but in any event within thirty (30) days. If such casualty renders more than ten percent (10%) of the Hotel unusable but does not constitute total destruction, Owner shall forthwith give notice to City of the specific number of days required to restore the premises. If Owner does not give notice within fifteen (15) days after such partial destruction, or if the notice specifies that restoration will require more than ninety (90) days to complete from the notice date, City shall have the right to elect either to terminate or continue this Agreement at City’s sole and absolute discretion.

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8 Exhibit A
List of Authorized providers

HOPE THE MISSION
16641 Roscoe Pl.

North Hills, CA. 81343
Attn: Ken Craft, CEO

CATHOLIC CHARITIES
San Bernardino Regional Center
1859 Western Ave N
San Bernardino, CA 92410
Attn: Ken Sawa, (CEO)

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9 Exhibit B
Rates Schedule
Month Rate Minimum
Rooms
Needed
Daily Total $ Monthly Total (Range)
1 $ 100.00 50 5,000 $ 150,000
2 $ 70.00 51-75 3,570-5,250 $ 107,100 $ 157,500 3 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 4 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 5 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 6 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 7 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 8 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 9 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 10 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 11 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 12 $ 70.00 76-100 5,320-7,000 $ 159,600 $ 210,000 Estimated
Annual Cost
$ 1,862,700 $ 2,407,500

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10 Exhibit C
Payment Request Cover Sheet

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SB EXPRESS ONE LLC
This Agreement is made and entered into as of June 30, 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 SB Express One LLC, a California nonprofit corporation with its principal place of business at 205 E Hospitality Lane, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”).

City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS

1. In compliance with the Homelessness State of Emergency, which was declared on February 1, 2023, the City is taking progressive steps to mitigate homelessness.

2. Because most of the City’s shelters are at full capacity, the City has negotiated the use of up to 100 motel rooms from the Super 8 Motel located at 205 E Hospitality Lane in San Bernardino. Specifically, the City will utilize 75 rooms and at the discretio n of the property owner have incremental access of up to an additional 25 rooms (100 total) as needed. The motel rooms will act as interim shelter, and the units will exclusively be used by the interim shelter lead operator ( Consultant) to provide immediat e low - barrier, Housing First, solutions and linkages to a broad range of housing resources.

4. The goals of the program are to reduce the loss of life for unhoused residents, increase access to mental health and substance abuse treatment, eliminate street encampments, promote long -term housing stability, and enhan ce the safety and hygiene of neighborhoods for all residents, businesses, and neighbors. Services will be low-barrier, trauma- informed, and data driven. Services must remain flexible to support the needs of individuals receiving services, as well as to acc ommodate the limits of available local funds.

5. City is a public agency of the State of California and is in need of hospitality services for the following project:

Hotel Services and Room Lease (hereinafter referred to as “the Project”).

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6. Consultant is duly licensed and has the necessary qualifications to provide such services.

7. 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 a ttached hereto as Exhibit “ 1” and incorporated herein by this reference. Consultant owns and operates a hotel facility under the name SB Express One LLC, located at 205 E Hospitality Lane, San Bernardino, CA 924 08 (the “Hotel”).

Consultant grants the City and its Authorized Service Providers the option to lease rooms in Consultant’s Hotel for Bridge to Placement Program Participants up to the minimum number of rooms specified in Exhibit B “Rates Schedule” of Exhi bit 1. The Authorized Service Provider shall provide the Consultant notice of the number of rooms which the City needs to lease on an “as needed” basis with no more than 24 hours advance notice to the Consultant. Consultant shall reserve rooms for Bridge to Placement Participants up to the upper limit of the “Minimum Rooms Need ed” specified in Exhibit B “Rates Schedule” of Exhibit 1 upon request from the Authorized Service Provider.

2.1. General Grant . Consultant grants the City and its Authorized Service Providers to enter and use the Hotel as described in Exhibit 1 to this Agreement. City shall use the Hotel solely for the purposes specified in Exhibit 1 of this Agreement and for such lawful purposes as may be directly incidental thereto.

2.2. Condition of Premises . Consultant has inspected the Hotel and warrants that the physical condition and the property is suitable for the City’s use of the Hotel. Consultant further warrants that the Hotel is free from latent defects and presence of hazardous materials. Consultant further warrants that Consultant has the authority to enter into this Agreement and that there are no unknown conflicts regarding title to the Hotel. Additionally, Consultant warrants that there are no pending or threat ened legal, administrative, arbitral or other proceedings, claims, actions or governmental or regulatory investigations of any kind or nature whatsoever pertaining to the Hotel.

2.3. Eviction, Abandonment or Sale . In the case of the eviction of City by anyone owning or obtaining title to the premises on which the Hotel is located, or the sale or abandonment by Consultant of said premises, Consultant shall be liable to City for any damage of any nature whatsoever or to refund any payment made by City to Consultant hereunder, including the proportionate part of any recurring rental charge which may have been paid hereunder in advance.

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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 Rates Schedule set forth in Exhibit “ B” of Exhibit 1 and incorporated herein by this reference.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $2,407,500. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Invoicing shall occur as provided in Section 1.9 of Exhibit 1. c. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

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 no t 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 b y 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. The Term of this Agreement is as provided in Section 1.7 of Exhibit

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1. 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.

9. Delays in Performance.
a. Neither City nor Consultant shall be co nsidered 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 sha ll 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 a uthorities (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 o f 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 t ime of being prevented from performing, gi ve written notice to the other P arty describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any add itional 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

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requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all p ermits 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 , attached hereto as Exhibit “ 1” and incorporated herein by this reference.

13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain du ring 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 Su bconsultant. 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 C onsultant from e mploying 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 employe e 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

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in connection with their performance under this Agreement and as required by law.

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 f orm and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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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 endorsemen ts 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 t he 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 automobi le 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 wi th 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 c ompensation 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 a ny 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.

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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 or spread of malicious software code, 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:

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

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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 additiona l 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 b y 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, independent contractors, subcontractors, and volunteers or shall specifically allow Consultant or others providing insurance evidenc e 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. Each policy of insurance shall be endorsed to reflect such waiver.

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(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. (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 evid ence 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

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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 prop erty 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 p erformance of the services or this Agreement, and, upon Consultant obtaining a final adjudicat ion 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 S ervices 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 s uch 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

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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.

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 thirty (30) 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 a nd/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 terminat ion. 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 Offi ce 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

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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 Cons ultant’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.

27. Organization. Consultant shall assign _______ 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. Notice must comply with Section 1.10 of Exhibit 1.

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 rela ted to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “ 1,” 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 hereu nder. 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.

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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 o r 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 successor s in interest, executors, admi nistrators and assigns of each P arty 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 cons ent of City. Any attempted assignment without such consent shall be invalid and void.

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 o f 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.

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.

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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.

44. Federal Provisions.

44.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

44.3 Treasury Compliance and Reporting Guidance for the Act;

44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

44.6 Federal contract provisions attached hereto as Exhibit “ 2” 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.

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[SIGNATURES ON FOLLOWING PAGE]

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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

Date:

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
Thomas Rice

SB EXPRESS ONE LLC

Signature

Name

Title

Date:

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Exhibit 1
Scope of Work/Lease Option

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EXHIBIT 2

FEDERAL CONTRACT PROVISIONS

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 “2”.

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)
(a) 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.
(b) 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:
(i) 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 ide ntity, 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 select ion 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.
(ii) The Consultant wi ll, 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.
(iii) 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 o r 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 th e 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 act ion, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

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(iv) The Consultant will send to each labor union or representative of workers with whi ch 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 commitments under this section, and shall post copies of the notice in con spicuous places available to employees and applicants for employment.
(v) 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.
(vi) The Consultan t 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 admi nistering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) 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 w ith 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, o r as otherwise provided by law.
(viii) 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 subc ontractor 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 ab ove 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 ap plicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

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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.

(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) 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 per mit 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.
(ii) 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

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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. (iii) 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 th e 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.
(iv) 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 responsible f or compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) 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, developmen tal, 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 Agr eements,” and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) 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 assu re 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. (ii) Pursuant to the Federal Water Pollution Cont rol 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)

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Consultant agrees to report each violation to the City and und erstands 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 require ments in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) 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).
(ii) Consultant must comply with 2 C.F.R. pt. 180, su bpart 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. (iii) 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.
(iv) 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 agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: 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 appropriat ed 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 Feder al 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.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resourc e Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the

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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.
(ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless th e 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.
(iii) 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. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) 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 p roduced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) 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). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of th e 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. (ii) See Public Law 115-232, section 889 for additional information.

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(l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) 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. (ii) For purposes of this section:
(1) “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. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as alumi num; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

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(c) 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
(a) 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 se ction, 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. (b) 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.

Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contr acts 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. (iv) 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.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.

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(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination appl icable to the CSLFRF program including, without limitation, the following:
(i) 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 rac e, 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. §§ 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. § 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. §§ 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 federa l financial assistance.
(v) 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.
(d) 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.
(e) Protections for Whistleblowers.
(i) 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 contr act (including the competition for or negotiation of a contract) or grant.

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(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) 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
(g) 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.
(h) 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:
(i) 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.

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(ii) 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, inclu ding oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) 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.
(iv) 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.
(v) 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:

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).
(vi) 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 transfe r, 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.

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(vii) 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. (viii) 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 Titl e 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 Treasu ry if Consultant has received no complaints under Title VI.
(ix) 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 complianc e 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.
(x) 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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Resolution No. 2023-095
Resolution 2023-095
June 30, 2023

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RESOLUTION NO. 2023-095

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DESIGNATING THE CITY MANAGER WITH THE

AUTHORITY TO APPLY FOR GRANT APPLICATIONS

AND EXECUTE FUNDS AND SUBCONTRACTS
CONSISTENT WITH THIS RESOULUTION.

WHEREAS, the City desires to participate in, and maximize coordination and cooperation with, the regional strategies and systems addressing homelessness; and WHEREAS, the City is committed to addressing homelessness, is connected to the County’s Continuum of Care (CoC) and is a voting member of the County’s Interagency Council on Homelessness (ICH), which helps to identify a regional response to homelessness and assist persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/ease management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency centers, and new construction rehabilitation, and preservation of permanent and transitional programs; and
WHEREAS, on December 7, 2022, the City made a one-time commitment of $24.5 million to mitigate homelessness; and
WHEREAS, based on the 2022 Point in Time Count, the City host 36% of the County’s unhoused population and experienced a 135% increase in homelessness since 2019; and WHEREAS, on February 1, 2023, the Mayor and City Council adopted Resolution No. 2023-028, declaring a Homelessness State of Emergency in the City of San Bernardino in response to an on-going statewide and regional homelessness crisis.

WHEREAS, on May 17, 2023, the City approved the Homelessness State of Emergency Implementation Strategy, which is consistent with the City’s vision, mission and the City’s Homeless Initiatives Plan approved by Council on December 7, 2022; and

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.

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Resolution No. 2023-095
Resolution 2023-095
June 30, 2023

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SECTION 2 The Mayor and City Council hereby finds that additional funding will be needed to support the activities described in this resolution and supports the need for our City to apply for State and Federal grants to support comprehensive homeless services.

SECTION 5.The Mayor and City supports the need to increase bed capacity for unhoused residents in the form of low-barrier, interim shelter.

SECTION 6.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 7. 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 30th day of June 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. 2023-095
Resolution 2023-095
June 30, 2023

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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. 2023-095, adopted at a regular meeting held on the 30 th day of June 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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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 30, 2023
To: Honorable Mayor and City Council Members
From: Darren L. Goodman, Chief of Police
Department: Police
Subject: Quality of Life – Police Department

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Quality of Life
Police Department
Presented by:

Chief Goodman

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Background
Current Challenges
• Quality of Life crime.
• Prevention of access to public
locations vital to community wellness
and youth development.
• Criminal vagrancy that threatens the
public health and safety.
• Criminal activity that gives the
appearance of disorder and an unsafe
environment.

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Downtown Pilot Project
Ideal Downtown Qualities
• Economic driver
• Welcoming location for all community
members
• Attractive location for visitors
• Exemplify the City’s heritage and spirit

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Pilot Project Goals
Downtown Goals
• Partner with outreach and behavioral
health workers to provide services.
• Reduce crime statistics
• Reduce the appearance of blight
• Reduce frequency of quality-of-life
crimes
• Crimes that create disorder
• Crimes that reflect social decay
• Prevent re-occupation by criminal
actors

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Downtown Strategy
Downtown Strategy
• Implement proven strategies
• Identify key areas vital to community
and youth health and development
• Identify criminal activity that
compromises public health and safety
in key areas
• Data-driven enforcement and
outreach
• Assess strategy and results daily
• Adjust deployment strategy based on
the data collected

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Focus Resources
Five District Map Downtown Restoration Plan

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Results
STATS APRIL-JUNE
Felony
Arr. Misd. Arr. Traffic
Cites
Parking
Cites
Infraction
s Tows Shopping
Carts
Resource
s Offered
10 183 34 99 127 27 30 3

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Long Term Strategy
Strategy of Compassion, Common Sense, and
Accountability
• Develop a dedicated multi-discipline Quality of Life PD Team for city-wide outreach and enforcement.
• Train officers in homeless liaison encounters.
• Identify key locations for enforcement and evaluate daily. • Apply lessons learned during the Downtown pilot program. • Partner with Outreach workers and Behavioral Health to offer services and enforce all appropriate laws.
• Partner with Public Works for clean-ups and criminal enforcement. • Enforce camping laws when daily bed capacity data becomes available. • Establish an ordinance restricting camping activity in designated sensitive areas in the City.

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Long Term Goals
Goals
• Reduce crime and criminal vagrancy.
• Improve the community's perception of
safety and comfort in use public spaces.
• Develop and implement strategies that
make the City undesirable to criminal
activity in public spaces.
• Partner with multiple disciplines to
provide a multi-pronged approach of
outreach, crime prevention, and criminal
enforcement.

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Department Recommendations
Staff will recommend at a future meeting the follow actions:

1. Approve a dedicated Multi-Disciplinary Team consisting of 1 Sergeant, 1 Detective, 6 Officers, 1 Community Outreach Person, and 1 Behavioral Health Person.

New Requests For Funding FY 2023/24 Future
Quality of Life PD Team - Personnel Costs N/A $1,572,486

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Questions?

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 30, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Parks & Recreation & Community Services
Subject: Quality of Life - Securing Public Spaces

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Quality of Life
Securing Public Spaces
Presented by:

Lydie Gutfeld, Director of Parks, Recreation and Community Services Daniel Hernandez, Agency Director of Public Works

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After Hours Private Security
After Hours Private Security
• Community Input Driven
• Priority request from Master Plan initial data
• Special Event Security
Ø Model implemented with preparation for Festival 2022
Ø Increased security for Miracle on Court St. 21 day event Ø Developed into the All Hands on Deck Park Maintenance plan

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After Hours Private Security
After Hours Private Security
• Secure Parks & Eliminate Criminal Activity
• First implemented on June 1, 2023
• Current Locations:
o Seccombe Lake Park
o Pioneer Cemetery
o Meadowbrook Park/Rudy C. Hernandez
o Perris Hill Park/Senior Center/Roosevelt Bowl
o Wildwood (July 17, 2023)
o Encanto/Bobby Vega (July 24, 2023)

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After Hours Private Security
Redwood Security After Hours
• Enforcement Hours: 8pm-6am
• Monthly Costs: $30,000
Powers & Duties
• Ability to write citations
• Provide Homeless Outreach Brochure
• Provides daily reports with photos and data
• Number of “touch points” / incidents per month
• How many declined homeless services
• How many times Police is called
• Disposition of the outcome

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Security Services for City Properties
Request for Proposal released on June 7th for Security Services Areas of Coverage
• City Hall Campus
• 11 City Parks
• 3 Libraries
• 3 Community Centers
• California and Regal Theaters
• Other City-owned properties
Services Provided
• Roving Patrol Services
• Roving Money Pick-up and Drop-off
• Security for City Special Events

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Park Ranger Program
Purpose
• Increases City staff presence at public parks
• Keeping Park areas safe and accessible to all
members of the public.
• Enhances neighborhoods through
additional enforcement.
• Provides additional educational
opportunities

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Park Ranger Program
Staffing Model
• (1) Park Ranger Supervisor
• (3) Park Rangers
Park Ranger Supervisor
Park Ranger Park Ranger Park Ranger

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Securing Public Spaces Recommendations
Staff will recommend at a future meeting the follow actions:

1. Approve a budget allocation for Private Security to provide after-hour security for parks in an amount not to exceed $180,000 (six months).

2. Direction for staff to negotiate and bring back an agreement with Redwood Security to provide after-hour security for parks.

3. A recommendation for Security Services for City Properties.

4. A recommendation for a Park Ranger Program.

New Requests For Funding FY 2023/24 Future
Private Security City-Wide $1,256,000 est. TBD
Private Security Agreement (6 months) $180,000 N/A
Park Ranger Program N/A $505,900
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Questions?

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 30, 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: Quality of Life - Health & Safety, Encampment Clean- ups (All Wards)

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Quality of Life
Health and Safety / Encampment Clean-ups
Presented by:

Ernesto Salinas, Deputy Director of Operations & Maintenance

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Homeless Encampment Clean Up
Current Progress
• Transitioned to Public Works, Operations and Maintenance in Sept of 2022 from PD
• Formalized notification process for clean-ups and incorporated new process with full documentation
• Consent to discard items
• Storage requirement
• Inventory requirements
• New section established
• CRM system primary driver along with in-house staff self-reporting

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Statistics
Daily Clean Up Locations 1,205
Camps Cleaned and Cleared 2,406
Ward 1 425
Ward 2 426
Ward 3 201
Ward 4 247
Ward 5 239
Ward 6 202
Ward 7 334
Cleanups by Ward
Perris Hill Park* 346
Meadowbrook* 176
Wall and Baseline 164
490 N. D Street / Baseline 168
Seccombe Lake Area 60
High Frequency Cleanups
Multiple camps are usually present at any one location. Camps also resurface often. *recent efforts have resulted in diminished presence of encampments.

Cleanups since Sept. 2022

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Health & Safety
Parks Status Update
• Cleanup
• Playground at Meadowbrook
• 72 unique items at Perris Hill Park
• Hazards & Biohazards
• 18 dead trees
• Fence repairs
• Restroom Repairs and Fixture Upgrades
• Lighting Improvements
• Solar based “Intuitive Lighting”
• Lighted Bollards
after
before
before
after

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Health & Safety
Perris Hill Park

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Health & Safety
Meadowbrook Park

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Health & Safety
Parks Status Update
• Additional Enhancements
• Restroom repairs and fixture
upgrades
• Horseshoe Pit Area
• Made more inviting
• Added fencing
• Increased accessibility
• New Zen Area
• Sitting space for residents
• Planted 3 trees & 4 benches
• Drought tolerant concept
before
after

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Stakeholder Collaboration
Public Agencies
• Initiated contact with San
Bernardino County and

CALTRANS
• Established quarterly meetings
to discuss clean up efforts
Private Entities
• Coordinating with utility companies
and railroad companies for cleanup
on non-City Property

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Encampment Cleanup Staffing
Supervisor 2
Lead Worker 2
Maintenance Worker I 8
Burrtec Support 5 employees
CEO Works 8-person
crew
Supervisor No Change
Lead Worker No Change
Maintenance Worker I No Change
Burrtec Support +5 employees
CEO Works + 8-person
crew
Authorized Staffing Proposed Staffing
Full staffing will allow us to move to 6-day a week operation.

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Recommendations
Staff will recommend at a future meeting the follow actions:

1. Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement.

2. Authorize the Agency Director of Administrative Services to amend the FY23/24 budget in the amount of $464,340 to the Public Works Operations and Maintenance Gas Tax Fund.

3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340.

New Requests For Funding FY 2023/24 Future
Maintenance Services Agreement (CEO) ($550,000 already budgeted for FY 2023/24) $464,340 (Gas Tax Fund) $1,014,340
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New Requests For Funding FY 2023/24 Future
Turf-friendly Mini Loader TBD N/A
Weed Abatement & Brush Clearing TBD TBD
Comprehensive Bio-Hazard Cleanup TBD TBD
Incentive/Special Pay TBD TBD
Recommendations
Staff will recommend at a future meeting the follow actions:

4. Recommendations for a:
a. Purchase Agreement for a Turf-friendly Mini-Loader
b. Maintenance Services Agreement for weed abatement and brush clearing c. Maintenance Services Agreement for comprehensive bio-hazard clean up

5. A recommendation regarding incentive/special pay for hazard condition work. 11 Packet Pg. 141

Questions?

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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of July, 2023 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and CENTER FOR EMPLOYMENT OPPORTUNITIES, a CALIFORNIA CORPORATION, with its principal place of business at 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Right of Way Clean-Up and Weed Abatement Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Right of Way Clean-Up and Weed Abatement Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Right of Way Clean-Up and Weed Abatement Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to continue services by electing four (4) annual option years, culminating on June 30, 2028.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Henry Barela, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,

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Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such

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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for

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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (Defense costs shall be paid in addition to the limits.) (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall

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be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional

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insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor

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shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface

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improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, ae deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall

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not exceed One Million Fourteen Thousand Three Hundred Forty Dollars ($1,014,340). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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 Contractor 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). The requirement to submit certified payroll records directly to the Labor Commissioner

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under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Contractor:

Center for Employment Opportunities, Inc.
1777 Atlanta Avenue, Suite G-1
Riverside, CA 92507
Attn: Henry Barela
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal

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expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 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.

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CENTER FOR EMPLOYMENT OPPORTUNITIES, INC.

IN WITNESS WHEREOF, the Parties hereto 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

CENTER FOR EMPLOYMENT
OPPORTUNITIES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number

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EXHIBIT A

SCOPE OF SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The Vendor will perform right-of-way and related maintenance services that primarily focuses on the collection of litter and illegally dumped items. This organization must have a 501 c 3 status whose workforce is staffed with participants seeking to improve their lives and who are part of a transitional work program designed to reduce recidivism rates (see Para., Program Participants and Para., Contractor Responsibilities for detailed requirements). The organization must also have the ability to be contacted on- demand via our dispatch service using cell phones or other mobile technologies during the workday. Work will be located within the City of San Bernardino rights-of-way (including sidewalks), city-maintained easements, city parking lots, and any other city property. In some instances, weed abatement, small brush removal, sediment removal, and vegetation removal from ROWs will be requested. Sweeping of trash and debris may also be requested as part of litter collection efforts from curbs and storm drains on ROW—especially as it collects on top of sediment.

Below is a list of general work tasks. It’s again important to note that the bulk of the requirements of this scope of services is the collection of litter and illegally- dumped items from sidewalks and ROWs but is not limited only to those tasks.

In general, work will mostly be centered in or near the arterial streets listed in Table 2.

Table 1. List of General Work Tasks
Work Tasks Remarks
removal of litter, garbage, and debris from
ROWs
sweeping of trash with broom from curb
lines/storm drains prior to collection
This is typically littering such as cups, food
wrappers that street sweepers fail to collect
removal of minor sediment from ROWs/curb
& gutter lines
removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm
drains
sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways
collection of illegally dumped items from
ROWs and roadways
weed eating As requested by city staff

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EXHIBIT A
Work Tasks Remarks
removal of litter, garbage, and debris from
ROWs
sweeping of trash with broom from curb
lines/storm drains prior to collection
This is typically litter such as cups, food
wrappers that street sweepers fail to collect
removal of minor sediment from ROWs/curb
& gutter lines
removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm
drains
sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways
collection of illegally dumped items from
ROWs and roadways
weed eating As requested by city staff
Table 2. List of Arterial Streets
Arterial Street Remarks
Sierra Way From Mill Street to 52 St.

Waterman From Hospitality to 40th
Arterial Street Remarks
Highland Entire street
Baseline Entire street
Tippecanoe Entire street excluding County Pockets
40th Street Entire street
Mountain View Ave Not to be confused with Mt. View (abbreviated street name at other area)
H Street Entire street (land locked but continues off of Kendall) G Street Entire sreet
Rialto Street Entire street
Orange Show Rd/San
Bernardino Ave
East and west to include merge with San Bernardino Ave to Mt. View
2nd Street Mt. Vernon to Freeway (I Street)
Meridian Entire street within city limits
5th Street Entire street excluding County Pockets
Kendall Dr Entire street
Sterling Entire street excluding County Pockets
Del Rosa Entire street excluding County Pockets
E Street Entire street
Arrowhead Entire Street

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EXHIBIT A
Priority Work Tasks: The tables below reflect the ideal priorities for the city and is intended to provide the organization with a better understanding of the city’s current and additional maintenance needs by priority. Not all tasks will be requested routinely.

PRIORITY 1. Work Tasks Remarks
litter collection from ROWs, city properties
illegal dumping collection from ROWs, city
properties
includes bulky items
palm frond collection from ROWs city-wide post wind events scraping and removal of slap stickers from
intersection poles, ped buttons, etc
sweep/blow sidewalks on arterial corridors after
litter c
weed abatement (pull and/or use weed-whacker)
from ROWs and other city properties
chemical application not authorized
without proper certifications
yardwaste collection from ROWs, city properties
PRIORITY 2. Work Tasks Remarks
graffiti removal from utility boxes, poles, ped
buttons
guardrail touch-up painting
raking of landscaped areas (non-contractual sites)
bottle caps, broken bottles collection at parks and
ROWs
raking underneath plant beds in Parks, ROWs,
bleacher wipe down/touch up painting
park bench paint touch-up
PRIORITY 3. Work Tasks Remarks
assistance with homeless camp clean ups
removal of debris from lake at Seccombe Lake will not require getting in lake/water removal of dead plants at street medians, other
areas
curb/gutter trash collection and clean up
minor curb painting in non-high traffic volume
areas
fence touch up (vine removal, spray paint touch
up)

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EXHIBIT A
PRIORITY 4. Projects Remarks
small to medium sized landscape upgrades
(conversion of grass-turf areas to drought-tolerant)
this will include decorative rock
spreading, planting, mulch application,
weed-prevention fabric, etc.
pocket park establishment decomposed granite (spreading), rock and mulch application, planting, mulch
application
pressure-washing sidewalks will require training/observation by city staff before operating
brush removal from vacant lots, trimming to 18” or
lower for native plants/brush
fire hazard (overgrown vegetation)
mitigation

STAFFING
It is requested at least (1) roving illegal dump collection crew of at least 3 participants and one supervisor be provided on a daily basis for street/row cleanup activities. An additional standard crew of at least 6 participants (plus a supervisor) is requested for larger clean-up of vacant city lots or other City property. •Supplemental Staffing: Two (2) supplemental roving illegal dump collection crews are requested within this agreement. The City recognizes that this is contingent upon participant availability.
•Optional Staffing: A third (optional) crew of at least 4 participants and one supervisor is also highly desired to assist with janitorial services at approximately 20 city parks. A fourth (optional) crew of at least 2 participants plus one supervisor is desirable for graffiti abatement/curb painting. Please Note: The cost for optional crews should not be reflected in overall cost for services, but, rather, included as a separate amount.

Program Participants: The organization will ensure that crews providing services to the city will be comprised of individuals who live in San Bernardino County, have criminal conviction(s), and have been thoroughly screened by the organization to ensure they will be suitable participants for a program of this nature.

EQUIPMENT
The organization must provide a listing of available equipment and supplies to reassure the City of its ability to perform required work tasks. While no specific equipment is mandated, it is generally expected that the organization will possess the following:
•2 large stake bed trucks
•3 passenger vehicles with trailer-mounted porta-potties •Rakes, blowers, weed-whackers, litter pickers, pressure-washers, •All necessary PPE for employees

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EXHIBIT A
Additional Notes:

Litter collection may be required from sidewalks, store fronts, alcoves, entrances, crevices and may include items such as leftover food, used clothing/shoes, debris, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. These items may be disposed in City trash receptacles (if at a low volume) and/or brought to the City yard for higher volumes (excluding syringes/needles).

Litter collection in ravines, creeks, washes, or embankments will require a separate agreement between both parties (the City and Organization) to ensure maximum safety should the need arise. The inability to provide these tasks will not disqualify the organization from consideration for this project.

RESPONSIBILITIES OF THE 501 (c) 3 ORGANIZATION
The organization will:
•Perform all outreach, recruitment, screening, and enrollment for program participants and will manage all aspects related to participant’s requirements for verification or participation in the program. The City will not verify any individual’s participation in work tasks (or employment) for any outside entities or other related agencies requesting such information.
•Screen all participants and provide supervisory controls to ensure eligibility and fitness for work,
•Provide supervisors for each work crew.
•Ensure the safety of all participants to include training for working in streets, proper PPE usage, and any other safety-related training.
•Provide compensation in accordance with all local, state, and federal minimum wage laws.
•Provide participants with the following services:
oPre-employment training.
oJob coaching and job placement services.
oPost-placement services.
oCounseling services (referrals).
•Indemnify the City of all and any potential liability stemming from any work or services provided to the City. Indemnification waivers (provided by the city) must be signed by all participants.

TERM:

The term for these services is from July 1, 2023 to June 30, 2024, with four (4) annual option years, culminating on June 30, 2028.

HOMELESS ENCAMPMENT DISCLAIMER(S)
The organization may reserve the right and sole discretion to decline to perform right-of-way maintenance services at a city-designated site if such site contains potentially hazardous materials, including but not limited to biohazardous materials, an active or recently active homeless encampment, and/or if any persons impacted by homelessness are near the site.

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EXHIBIT A
Both parties agree that should litter and/or illegally dumped items be reasonably considered by CEO to be the personal property of homeless individuals, CEO will elect to not disturb said items and will notify the City.

WORK TASK DEFINITIONS:

1. Litter Collection from Grounds. This includes the collection of all litter from the median or island grounds to include collection from grass turf, landscape beds, decorative rock beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paper-based wrappings or discarded food packaging. Syringes and biohazards should be appropriately separated and disposed of properly in accordance with applicable rules and regulations.

2. Palm Frond Collection. Collection of palm fronds on City ROWs, sidewalks, or other City- owned properties. Removal of fronds from storm drains/gutters and greenbelts. Support during and post-windstorm events is expected when tasks can be accomplished safely.

3. Scraping and Removal of Slap Stickers. Removal of minor slap stickers or other adhesive-based graffiti on City poles, utility boxes, fences, etc. This will likely require scraping and other methods to remove the stickers. Wipe down of any leftover residue is required.

4. Sweeping/Blowing. Sweeping/blowing of sidewalks, parking lots, curbs, walking trails and collection of left-over debris. Areas should be free of any dirt/silt once sweeping or blowing is complete.

5. Weed Abatement. Removal of weeds from City rows, landscaped areas, medians, City property, greenbelts, easements, alleys. This will require manual or powered-tool removal prior to spraying with chemicals (either by licensed City Staff or a licensed volunteer with appropriate Pesticide license).

6. Minor Graffiti Removal. Removal of graffiti (painted, marked) on City property to include intersection poles, utility boxes, fences, windows, pedestrian crossing signs, etc. This may be accomplished through non-toxic chemicals, pressure washing, or touch-up with matching paint.

7. Minor Touch-Up Painting. This may occur in City-owned buildings (exterior only), fences, walls, or other similar infrastructure requiring paint touch-up. The city will provide paint and paint supplies.

8. Raking of Landscaped Areas. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. Other non- typical areas may be requested.

9. Wipe-down/pressure-washing of City Owned Amenities. Proper wipe-down and pressure washing of City-owned amenities and hardscape elements (such as park benches, tables, trash cans, street light poles, signs, monuments, etc.) will be performed using non- abrasive methods that will not result in damages. All effort will be made to prevent any chipping of paint; alternative methods to safely clean hardscape elements are authorized.

10. Removal of Dead Plants/Minor Debris. At all applicable locations, dead plants and dead shrubs will be removed and properly disposed of. This may include plants from landscape

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EXHIBIT A
beds, ROWs, City-owned lots. Replanting may be requested but this will occur with City staff present; plants to be provided by City staff.

11. Curb/Gutter Trash Collection. Trash and other debris on curbs, gutters, or storm drains will require careful collection as to not cause accidental deposit into storm drains. Sweeping with an industrial dustpan is the preferred method.

12. Minor Curb Painting. At the City’s request, minor curb painting to replace faded paint may be requested. This may include red (no parking) touch up along with other regulatory markings. This will be minor in nature and the city will provide all applicable materials and supplies.

13. Fence Touch Up. Minor fence repairs (reattaching broken wires, chain links) may be requested. Touch up of faded paint on chain links may also be requested along with removal of vines.

14. Brush Removal. At City-owned lots and other properties, removal of brush using manual or powered tool methods. Brush will be collected appropriately and, to the maximum extent possible, separated for proper green waste recycling. In some instances, removal of brush may require work on large vacant lots for fire hazard mitigation.

15. Minor Landscaping Upgrades. The city will provide all supplies and materials for minor landscaping upgrade projects. These projects may include restoration of small, landscaped areas, sitting areas, and other beautification efforts at street islands, greenbelts, and pocket parks.

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EXHIBIT B

SCHEDULE OF SERVICES
Work Reporting and Notification. The organization will be required to notify the City representative (via email) of the amount of crews available to perform work on a daily basis.

Upon notification, the City representative will determine which work locations will be assigned.

Variations to this process may occur when work tasks/locations are determined in advance by the City representative. If possible (and without creating an extra, undue, burden to the organization), before and after photos of work accomplished will be highly desirable for City staff.
•General Daily Operations for Roving Illegal Dump Crew(s): Roving illegal dump crews will be assigned arterial streets to inspect (drive) and begin collection of litter and illegally dumped items. Should all assigned streets be completed before the end of day, the Crew Supervisor will contact the City representative (Streets Supervisor) and request additional tasks for the day. Throughout the workday, the Crew Supervisor may receive no-notice litter collection or illegally dumped items requests. Once he or she receives this call, he may make a judgement call as to collect the items immediately or wait until the last work hour of the day unless he receives specific instructions to collect the litter/items immediately. The intent is to not bounce crews all over town with individual requests (however, this may unfortunately happen on rare occasions).

Other Assigned Tasks: As previously described, crews may be assigned minor landscaping tasks such as weed abatement, brush removal, vegetation removal, sediment removal from time to time. Though this is not the primary work task, it will be requested by the Streets Supervisor when the need arises. The City will make every effort to provide advance notice of these types of requests.

Hours of Operation. All work will be performed Mondays to Fridays within the hours of 7 a.m. to nightfall unless otherwise exempted by the City representative. Work is not generally allowed during nighttime. The term “within” is meant to describe the range of hours for work and does not include work during the entire timeframe. In other words, a 7:30am to 2pm shift is acceptable or a 8:30am to 3:30pm shift is acceptable. A minimum of 6.5 work hours per day is expected (excluding lunch breaks).

Requests from The Public. The organization is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations while performing work for the City. The organization will make every effort to politely inform the requesting individual to contact San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of this agreement may be cause for termination.

Disposal. The city authorizes the organization to dispose of any debris, green waste, bulky items ONLY related to work tasks assigned by the city representative. All efforts will be made to separate green waste and properly dispose (recycle) it at the corresponding bin located in the city yard.
•Bulky items (discarded furniture, etc.) collected during volunteer work shall be disposed of (recycled) at the City Yard. Such items cannot be collected and/or kept for personal use by the organization or its staff.

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EXHIBIT B
•Syringes/needles will be appropriately disposed of using sharps containers (the city is able to provide these containers if needed).
•Biohazards/fecal matter will be mitigated using proper procedures by trained/certified volunteer personnel or should be left behind with City staff being immediately notified of the location.

City Yard Access. Access will be granted to the organization and staff for disposal of trash, debris, or any other collected items from daily work tasks. Generally, the City Yard is open from 6 a.m. to 4:30 p.m., however, badge access will be provided to the crew supervisors, managers, and/or team lead for access to the disposal areas of the yard should gates be locked. No more than 3 badges will be granted.

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EXHIBIT C

COMPENSATION

VENDOR QUOTE FORM
VENDOR NAME: Center for Employment Opportunities, Inc.

ADDRESS: 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 PHONE: (909) 380-8822
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

RIGHT OF WAY CLEAN-UP SERVICES

COST SHEET
Crew Type Total Employees Annual Cost
Roving Illegal Dump
Crew #1
3 participants plus supervisor $186,750
Roving Illegal Dump
Crew #2
3 participants plus supervisor $186,750
Roving Illegal Dump
Crew #3
3 participants plus supervisor $186,750
Standard Crew #1 6 participants plus supervisor $454,090 TOTAL: $1,014,340
Optional Crews
Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182, 275
OPTIONAL CREW TOTAL: $444,417

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EXHIBIT C
Optional Years
ADDITIONAL YEARS NOTE: List as “same” if no projected
annual increases are expected.

YEAR 2 3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL: ________
TOTAL YEAR 2:

SAME AS ABOVE
YEAR 3 3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL:
________
TOTAL YEAR 3:

SAME AS ABOVE
YEAR 4
3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL: ________
TOTAL YEAR 4:

SAME AS ABOVE
YEAR 5
3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL:
________
TOTAL YEAR 5:

SAME AS ABOVE
*Please do not include option years totals in overall amount.

All additional outyears are subject to renegotiation should labor market costs increase.

Total Number of Additional Pages: 0
I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By:

Title:
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________

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Resolution No. 2023-096
Resolution 2023-096
June 30, 2023

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Mayor and City CouncilJune 30, 2023

Mayor and City Council
June 30, 2023