Agenda packet, special meeting — Mayor and City Council, December 18, 2024 (part 1 of 2)

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

CITY OF SAN BERNARDINO
AGENDA

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

WEDNESDAY, DECEMBER 18, 2024
4:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET, 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 Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING 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.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodations
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
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

4:00 P.M.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA

DISCUSSION

1. Approval of Service Contract for Homeless Outreach Provider and Transfer of American Rescue Plan Act (ARPA) Funding to New Contract (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Accept Hope the Mission’s (HTM) Notice to Terminate its Professional Services Agreement with the City effective December 22, 2024; and

2. Authorize the City Manager to Execute a Professional Services Agreement with Salvation Army for Homeless Outreach Services beginning December 18, 2024, through December 31, 2026; and

3. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $680,000 to Salvation Army using the remaining ARPA funds from the terminated agreement with HTM.

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 December 18, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Open Session will begin at 5:00 p.m.

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

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the December 18, 2024 Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment 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 Tuesday, December 17th, 2024.

/s/ Genoveva Rocha

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 OF A SPECIAL MEETING OF THE

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

DATE: Tuesday, December 17, 2024
SUBJECT: Special Meeting on Wednesday, December 18, 2024

NOTICE IS HEREBY GIVEN that the City Manager, with a consensus of the Mayor and City Council, has called a Special Meeting to be held on Wednesday, December 18, 2024, at 4:00 p.m.

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

CONSENT CALENDAR

1. Approval of Contract for Homeless Outreach Provider Services and Transfer of American Rescue Plan Act (ARPA) Funding to New Contract

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Accept Hope the Mission’s (HTM) Notice to Terminate its Professional Services Agreement with the City effective December 22, 2024, and

2. Authorize the City Manager to Execute a Professional Services Agreement with Salvation Army for Homeless Outreach Services beginning December 18, 2024, through December 31, 2026; and

3. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $680,000 to the Salvation Army using the remaining ARPA funds from the terminated agreement with HTM.

Notice of this Special Meeting is furnished to the Mayor, each member of the City Council, City Staff, community members on the agenda notification list, and the newspapers within the City of San Bernardino. To be added to the distribution list, please email [email protected]

ADJOURNMENT
The next 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 December 18, 2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Open Session will begin at 5:00 p.m.

Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 5 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized.

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 not on the agenda but 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 at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

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

PUBLIC COMMENT OPTIONS

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

Written comments can be emailed to [email protected]. Written public comments received up to 2:30 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. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

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 submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.

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.

Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME

NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:

“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.”

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

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: Approval of Service Contract for Homeless Outreach Provider and Transfer of American Rescue Plan Act
(ARPA) Funding to New Contract (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Accept Hope the Mission’s (HTM) Notice to Terminate its Professional Services Agreement with the City effective December 22, 2024; and

2. Authorize the City Manager to Execute a Professional Services Agreement with Salvation Army for Homeless Outreach Services beginning December 18, 2024, through December 31, 2026; and

Executive Summary
On November 25, 2025, Hope the Mission submitted a formal notice of its intent to terminate its Professional Services Agreement with the City of San Bernardino, with its final day of service being December 22, 2024. To prevent disruptions or gaps to vital homeless outreach services, particularly during the critical holiday season, it is requested that Council approves a homeless outreach contract with a local, experienced organization that specializes in providing services to the targeted population. To ensure continuity and address ongoing service delivery challenges, staff recommends awarding a new agreement to The Salvation Army, which was the

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second-ranked proposer from the original homeless outreach procurement process.

Because the City did not include Rapid Rehousing as a task in the Request for Proposals (in 2023) for Homeless Outreach services, this contract cannot include such services as part of the ARPA funding award. Staff will bring back an item to request additional funding for Rapid Rehousing services to help stabilize unhoused individuals ready to transition from the streets or shelter into permanent housing.

Background
The City of San Bernardino continues to grapple with a severe homelessness crisis, housing 36% of San Bernardino County’s homeless population, as reported in the 2024 Point-in-Time Count (PITC). Recognizing the urgent need for targeted outreach, the City Council allocated $1.5 million in American Rescue Plan Act (ARPA) funds in 2023 to enhance homeless outreach efforts. Hope the Mission was awarded the initial contract to provide these services, focusing on engaging at-risk populations, including participants in the City’s motel voucher program and individuals identified as homeless under HUD guidelines.

While Hope the Mission was tasked with leading these efforts, their performance has not met contractual standards. Key deficiencies include:
•Limited engagement with homeless populations despite the presence of 200+ documented encampments.
•Ineffective coordination with the City Police Department to address homelessness-related concerns.
•Minimal collaboration with County services and local non-profit organizations. •Insufficient reporting and documentation of outreach activities. •Concerns raised by County partners during homeless activity meetings regarding lack of responsiveness.
•Inability to improve performance despite ongoing coaching and retraining interventions.

These persistent issues have hindered the City’s efforts to address homelessness comprehensively and necessitate a strategic shift to a more capable service provider.

Current Agreement Status
The Professional Services Agreement with HTM, executed June 1, 2023, and funded through ARPA, has undergone two amendments:
•Amendment #1 (June 26, 2023): Modified funding parameters and operational requirements
•Amendment #2 (May 1, 2024): Extended term through May 31, 2025 Despite these adjustments, HTM has opted to terminate the agreement prematurely,

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leaving approximately 5 months remaining in the contract term and $680,000 in unexpended ARPA funds. This termination indicates the need for a capable and reliable partner to ensure uninterrupted service delivery.

Discussion
Homeless Outreach Services Agreement
Staff recommends transitioning homeless outreach services to the Salvation Army, the second-ranked proposer from the City’s original homeless outreach procurement process. The City would like to partner with the Salvation Army due to its extensive experience, capacity, and readiness to assume responsibilities immediately.

Reallocation of Remaining ARPA Funds
Hope the Mission’s (HTM) existing homeless outreach contract has a remaining $680,000 in ARPA funds. Staff recommends that the remaining ARPA funds be rolled into a new homeless outreach contract with the Salvation Army. The Agreement's term would extend from December 4, 2024, through December 31, 2026.

The Salvation Army is uniquely positioned to address the current service delivery gaps left by Hope the Mission’s contract termination. Key factors supporting this recommendation include:

1. Proven Track Record of Service Delivery
The Salvation Army has an extensive history of delivering high-quality homeless services, including emergency shelter, outreach, homelessness prevention, and rapid re-housing activities (though rapid re-housing services is not included in this contract).

They have consistently met and exceeded performance benchmarks in neighboring jurisdictions, demonstrating their ability to manage complex outreach efforts effectively.

2. Established Local Presence and Community Connections As an organization deeply embedded in the community, The Salvation Army has cultivated strong relationships with local stakeholders, including non-profits, faith- based organizations, and service providers. This network allows them to coordinate outreach efforts efficiently and deliver holistic, person-centered care to those experiencing homelessness.

3. Demonstrated Ability to Mobilize Services Rapidly
The Salvation Army has shown its capacity to respond swiftly to emerging needs, making it an ideal candidate to ensure a seamless transition. Their operational readiness, experienced staff, and established infrastructure enable them to deploy resources and begin service delivery without delay, ensuring minimal disruption to critical outreach services.

4. Strong Existing Partnerships with Regional Stakeholders The Salvation Army has cultivated robust partnerships with City and County agencies, including law enforcement, public health, and housing services. These collaborative relationships enhance their ability to provide coordinated care and connect individuals

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experiencing homelessness with appropriate resources and services.

5. Comprehensive Understanding of Local Homelessness Challenges With years of experience addressing homelessness in the region, The Salvation Army brings valuable insights into the specific needs and barriers faced by unsheltered individuals in San Bernardino. Their data-driven approach and familiarity with HUD guidelines ensure compliance with federal standards while tailoring services to meet local demands.

The Salvation Army’s ability to address service gaps, strengthen inter-agency coordination, and maintain the momentum of the City’s homelessness response strategy aligns with the City’s goals to improve outcomes for unsheltered residents.

This transition is critical to ensuring the continuity of essential services and advancing the City’s broader objectives of reducing homelessness and enhancing the quality of life for all residents.

Operational and Rate Comparison Between Hope the Mission and the Salvation Army

1. Salaries and Benefits Analysis
•Hope the Mission Total Salaries and Benefits: $977,756.80 •Salvation Army Total Salaries and Benefits: $434,515.00 Key Insight
The Salvation Army’s staffing costs are 55% lower than Hope the Mission’s, with resources focused on positions directly aligned with outreach and service delivery goals.

2. Cost Breakdown by Position
Hope the Mission Staffing Model:
•Program Manager (1): $140,000.00 – High salary for a management role with no demonstrated experience in homelessness programs.
•Peer Specialists (2): $166,400.00 – These roles overlap with outreach efforts already covered by Navigators in the Salvation Army’s model.

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•SUD Counselors (2): $199,680.00 – Positions specialized for substance use disorders, but staff had limited experience and were outside the immediate scope of basic street outreach.
•Case Managers (1): $183,040.00 – Extremely high cost for a single role. •Data Coordinator (1): $112,320.00 – Necessary for data tracking, but the cost exceeds typical outreach support roles.
•Employee Benefits @ 22%: $176,316.80 – Adds significant expense to an already inflated staffing model.

Salvation Army Staffing Model:
•Outreach Navigators (2): $241,899.00 – Core frontline positions ensuring direct engagement with unsheltered individuals.
•Outreach Advocate (1): $48,241.00 – Supports outreach efforts and assists with client needs and service connections.
•Director of Programs (1): $96,250.00 – Provides effective program oversight and management at a reasonable cost.
•Business Admin (1): $48,125.00 – Ensures administrative efficiency and assists with data, and resource allocation with facilitation to immediate resources such as emergency shelter, homeless prevention, and other homeless services Observation:

The Salvation Army prioritizes frontline outreach positions while maintaining a lean administrative structure, directly supporting program goals

3.Experience and Effectiveness
Hope the Mission:
•Staff average just 1 year of experience in homelessness services due to the organization’s recent entry into the County.
•Program Manager lacks experience in homelessness programs, potentially hindering implementation and leadership.
•Inexperience increases risks of inefficiencies, delays, and missed benchmarks.

Salvation Army:
•Staff have 5-12 years of experience in homelessness services, including street outreach, emergency shelter, and rapid rehousing (though rapid rehousing is not funded under this contract).
•Extensive experience with federal, state, and county grants ensures:
oCompliance with Federal, State, and County grant regulations. oEffective coordination with the County’s Coordinated Entry System (CES). oTailored outreach strategies based on familiarity with local challenges.

4.Financial and Programmatic Efficiency
Hope the Mission:
•Salaries and Benefits: $977,756.80 – Driven by high-cost roles misaligned with basic outreach (e.g., SUD Counselors: $199,680, Case Managers: $183,040). •High costs are coupled with an inexperienced team, reducing overall program value.

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Salvation Army:
•Salaries and Benefits: $434,515.00 – Aligned with outreach goals:
oOutreach Navigators (2): $241,899.00 (core frontline staff). oOutreach Advocate (1): $48,241.00 (supports connections to services). oDirector of Programs and Business Administration ensure oversight without unnecessary costs.

Cost Savings

The Salvation Army achieves the same outreach objectives at less than half the cost while deploying an experienced team. This allows for:
•More funding is directed toward client services (e.g., housing navigation, transitional assistance).
•Greater value for each dollar invested, maximizing impact on unsheltered individuals.

Grand Total Cost Comparison
•Salvation Army: $680,028.00
•Hope the Mission: $1,500,021.48
2021-2025 Strategic Targets and Goals
Approval of the Agreements with the Salvation Army aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities.

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Fiscal Impact
There is no fiscal impact to the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Accept Hope the Mission’s (HTM) Notice to Terminate its Professional Services Agreement with the City effective December 22, 2024; and

2. Authorize the City Manager to Execute a Professional Services Agreement with Salvation Army for Homeless Outreach Services beginning December 18, 2024, through December 31, 2026; and

Attachments
Attachment 1 Professional Services Agreement with the Salvation Army for Homeless Outreach Services
Attachment 2 2 nd Amendment to the Professional Services Agreement with Hope the Mission

Attachment 3 1 st Amendment to the Professional Services Agreement with Hope the Mission

Attachment 4 Professional Services Agreement with Hope the Mission Attachment 5 Salvation Army Proposal (02-23-2023)
Attachment 6 Request for Proposals (RFP F-23-30)

Ward
All Wards
Synopsis of Previous Council Actions
August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds.

December 7, 2022 Mayor and City Council approved the use of ARPA funds in the amount of $1.5million to create a city-wide Homeless Outreach Team.

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February 1, 2023 Mayor and City Council approved a Homelessness State of Emergency Declaration.

May 17, 2023 Mayor and City Council approved the Professional Services Agreement with Hope the Mission for Outreach Services.

June 26, 2023 Mayor and City Council approved Amendment #1 to the Professional Services Agreement with Hope the Mission.

May 1, 2024 Mayor and City Council approved Amendment #2 to the Professional Services Agreement with Hope the Mission to extend the agreement term by one year until May 31, 2025.

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CITY OF SAN BERNARDINO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE SALVATION ARMY
This Agreement is made and entered into as of December 18, 2024, 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 The Salvation Army , a 501(c)(3) nonprofit organization with its principal place of business at 925 West 10 th Street, San Bernardino, CA
92411 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Homeless Street Outreach (hereinafter referred to as “the Project”).

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

C. The Parties desire by this Agreement to establish the terms for the 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. S ervices . Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. P rofessional 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. C
ompensation.
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 “C.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $680,000. This amount is to cover

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all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to the City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. A
dditional Work. If changes in the work seem merited by the 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 the 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. A
djustments. 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 the City and Consultant in writing.

6. Te rm . This Agreement shall commence on the Effective Date and continue through December 31, 2026, unless the Agreement is previously terminated as provided for herein (“Term”).

7. M
aintenance 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 the 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 the 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 the City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed.

Consultant shall complete the services required hereunder within Term.

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(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. The City has been allocated funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, collectively known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, which will be used to fund this Agreement.

Exhibits B, D, and E attached hereto and incorporated herein by these references, include multiple regulations from the funding sources that the Consultant must comply with.
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, the 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.

12. C
onflicts 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.

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qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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 sub-consultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. I
ndependent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. I
nsurance . 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. A
dditional 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:

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(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 the City, it's elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01 or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage, including coverage for owned, non- owned, and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give the 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

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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 the 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 ou t 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 Coverag e in amounts indicated herein. Consultant shall require all sub- consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement , the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Reserved
h. 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

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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 requirements 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. i. Evidence Required
Prior to the execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. 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 the Consultant’s policy is primary insurance and that any insurance, self -insurance, or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically

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allow the 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 the City and shall require similar written express waivers and insurance clauses from each of its sub-consultants. (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. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfies 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.
l 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. Alternatively, the 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. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants 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

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by such subcontractors or sub- consultants 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 the Consultant, the City may approve different scopes or minimum limits of insurance for particular subcontractors or sub-consultants.

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, it's elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. The 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, the 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 for 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).

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If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub- consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub- consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub- consultants and sub-subconsultants to comply with the same.

20. Law
s 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 S an Bernardino, State of California.

21. T
ermination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work completed and/or being abandoned. The City shall pay the Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. R
esponsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation

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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 the Consultant’s professional services occurs, the Consultant shall, at no cost to the 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. Co sts . 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. D ocuments . Except as otherwise provided in “Termination or Abandonment ” above, all original field notes, written reports, Drawings and Specifications, and other documents produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. O
rganization. Consultant shall assign Steven Pinckney as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the City's prior written consent.

28. Li mitation of Agreement . This Agreement is limited to and includes only the work included in the Project described above.

29. No tice . 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 address es and shall be effective upon receipt thereof:

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CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rochelle Clayton
Acting-City Manager

With Copy To:

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

CONSULTANT:

The Salvation Army
925 W. 10th Street
San Bernardino, CA 92411
Attn: Steven Pinckney

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. E qual 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. E
ntire Agreement . This Agreement, including Exhibit s A through E, represents the entire understanding of City and Consultant as to those matters contained herein and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein and that any other agreements shall be void. This is an integrated Agreement.

33. S
everability . 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. S
uccessors 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, the 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 the City. Any attempted assignment without such consent shall be invalid and void.

35. No
n -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

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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. H eadings . 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. A mendments . Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. C ity’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. P rohibited 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, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement or obtain any present or anticipated material benefit arising therefrom.

41. C
ounterparts . 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. A
uthority . 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. E
lectronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE SALVATION ARMY

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

Signature

Steven Pinckney
Name

Business Administrator
Title

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EXHIBIT "A" SCOPE OF WORK
[Behind this page.]

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The Salvation Army

1. Outreach and Engagement (O/E) – Street-based outreach and engagement is essential to building relationships based on trust and respect between the clients and Agencies and is a key step toward accepting services that will eventually lead to housing stability. O/E will serve unsheltered homeless within the City. O/E is conducted primarily in the field, in areas where unsheltered homeless are known to live and spend time, including and not limited to encampments, streets, under bridges, overpasses, parks, centers, and in isolated areas.

• Implement best practices designed to engage unsheltered homeless, e.g., outreach techniques, motivational interviewing, multi -disciplinary team approach, law enforcement partnerships.
• Build rapport with unsheltered homeless individuals to provide pathways to housing and linkages to other homeless systems and/or mainstream services. • Identify and conduct regular and ongoing outreach to areas where unsheltered homeless people live, such as encampments, streets, under bridges and overpasses, and in isolated areas.
• Work with and refer individuals and families to services that include Behavioral Health, Physical Health, and other key services.
• Collaborate with other key stakeholders in creating and implementing plans to provide additional services and coordination of services to people living in encampment areas and vehicles.
• Coordinate with other Agencies or City Departments (i.e., Public Works) on an ongoing basis when an encampment clean-up is scheduled. • Maintaining by-name lists for specific areas, individuals, or encampments to assist with coordination of services.
• Provide supplies or other items to assist clients with meeting their basic needs and to build rapport (food, gift cards, socks, glasses, etc.). • Identify immediate needs that require short-term interventions, such as direct assistance for basic needs or emergency calls for urgent medical needs. • Provide transportation assistance to support clients with connecting to services in a safe provider vehicle for staff and clients, properly labeled street outreach. • Document outreach and engagement activities in the appropriate data system.

2. Rapid Response – Rapid Response provides a mechanism for community members to contact homeless outreach staff to strive to make contact and provide support to unsheltered homeless individuals. The goal is to be available to address (not necessarily resolve) issues in a timely manner. The community (merchants, Chamber of Commerce, the public) will have a point of contact number for the Rapid Response Team who will deploy to locations where there are concerns related to homelessness. Inquiries for rapid response to unsheltered homeless may come from agencies, medical providers, law enforcement, or the community at large.

Response to the location must occur within 24 hours, Monday through Friday. It is NOT the expectation that this phone will be answered 24 hours a day, 7 days a week nor 365 days a year. Community members will be able to leave a message at this number, with the expectation that phone messages will be monitored Monday – Friday and all inquiries will be responded to in person within 24 hours, and the inquiring party is informed of the status within 72 hours.

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• Establish a process (including a dedicated phone number) for receiving (via phone and email), responding to, documenting, and tracking rapid response requests.
• Communicate process for making rapid response inquiries to Agencies, medical providers, law enforcement, stakeholders, and other community members. • Deploy outreach staff to locations of inquiries and make reasonable efforts to make contact and engage with unsheltered homeless households. • Conduct outreach within 24 hours of the request. 24 hours is the maximum response time during Monday to Friday standard business hours. • If contact is made and the client is willing, provide outreach and engagement activities, including all the outreach and engagement services listed above, with an emphasis on attempting to connect the individual to immediate assistance, such as an emergency shelter or other residential settings (detox, residential treatment program, etc.).
• Maintain documentation of all inquiries and responses and status • Document services in a timely manner.

3. Intensive Case Management – Case Management provides intensive services to a set caseload of individuals, including working with each client to develop and implement a housing plan. Additionally, the Case Manager links and connects clients to other services to meet their needs (physical/mental health, vouchers). The clients are only placed on a caseload once they have been assessed by the Coordinated Entry System. A caseload size for a full - time outreach worker would typical ly be 15- 20 unsheltered individuals at any given time.

Certification of homeless status can be done by OUTREACH TEAM, Police Department Community district officers, Code officers, or City Homeless Services Coordinator. Outreach will also fill out appropriate forms for referred service agencies. The contractor will be responsible for creating an Outreach project with the county Homeless Management Information System (HMIS)also referred to as the Clarity system.

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housing, Veterans Affairs Supportive Housing vouchers (VASH), other subsidies/vouchers, senior housing, shared housing, affordable housing in the community, as well as other applicable resources such as detox services, residential and outpatient substance use treatment programs, and long-term care facilities. • May provide supplies or other items to assist clients with meeting their basic needs and to build rapport (examples include food, gift cards, socks, and glasses). • Assist clients with completing the application or enrollment processes for housing programs.
• Assist clients in obtaining vital documents (i.e., Social Security, Birth Certificate, and California Identification Card).
• Identify non-housing-related services that clients are already connected to and coordinate with other Agencies to facilitate access.

Contractor must serve all street -based persons who are experiencing homelessness such as Adults, Families, Veterans and Transitionally Aged Youth (TAY) and make appropriate “warm hand-offs” and referrals to perspective agencies.

Warm hand off meaning the outreach work may transport and aid in making sure participant makes assessment and intake appointments
regard to shelter, Drug rehabs, or housing placement, and or family reunifications when appropriate. Within the County of San Bernardino.

Budget will include a set aside budget for family re- unifications for example, Greyhound tickets, Gas Cards or anything deemed needed by mgmt. to get to said location. Only approved when documentation of plan confirmed by receiving family members or friend.

Outreach will build relationships within the City of San Bernardino and referrals consist of

1. Crisis Counseling

2. Crisis Centers

3. SB Hope Campus

4. Interim Housing Programs

5. Medical Heath

6. Mental Health

7. Substance abuse (SARC)

8. Documentation

9. CalWORKs & Cal Fresh

10. SSI &SSD

11. Legal Services

12. Employment Services

13. Housing Navigation

14. Domestic Violence Services

15. Other-community based organization/ Religious

• Maintain case files of case notes on housing plan progress, required documentation for eligibility and housing applications, and current client consent and release of information in a secure location. (Audits will be done by housing staff) • Document case management activities in the appropriate data system.

4. Multi-Disciplinary Team (MDT) Meetings – MDTs convey many benefits that include

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improved health outcomes and enhanced satisfaction for clients as well as a more efficient use of resources and service coordination for team members. Case Conferencing enables Homeless Service providers to utilize a broad array of professional and lived experiences to assess and plan the next steps for a client’s path to housing. Case Conferencing will be held at a minimum of once a month and will be used to address all client receiving case management services. The City’s Homeless Services Coordinator will act as a liaison to help facilitate monthly MDT meetings and incorporate local agencies and service providers for added support and resources (i.e., Department of Behavioral Health, Substance Abuse Counselors, Code Enforcement Officers, Police and Homeless Service Providers). In order to ensure shared knowledge and continuity of care throughout the City, the City’s Mayor will participate in MDT meetings. On days when the Mayor is not able to participate an alternate (pre-selected City Council Member) will attend meetings. During MDT meetings, outreach staff will report on each client receiving case management services (and who has signed the applicable Release of Information forms) and present the housing-focused case plan, updates on the progress toward housing, barriers, and challenges. MDT participating agencies (including the City) provide suggestions, resource, and when able provide direct pathways to various services and/or funding mechanism to assist clients and improve collaborative efforts with outreach staff.
• Maintain a collaborative environment with representation at MDT meetings from law enforcement, homeless shelters, Service Agencies, and primary and mental health care.
• Maintain strict confidentiality in case conferencing and follow program confidentiality policies regarding obtaining consent to share information/Release of Information forms.
• Maintain an approved participant list of MDT members and maintain active participation by key partners.
• Facilitate each MDT meeting and take written notes, including all action items and next steps for each client’s housing-focused case plan. • Provide information to clients on the MDT model and obtain consent for case conferencing within the MDT if clients are willing.
• At each MDT meeting: Homeless outreach case manager who provides services to clients presents about each client who is receiving case management. The case manager presents the client’s housing- focused case plan, progress toward housing, eligibility for various housing resources, barriers, challenges, concerns, and needs and can request suggestions or support from MDT-approved participating agencies.

5. Additional Services - A Way Back Home: As an enhancement to the HSO program, TSA proposes to add reunification services for clients who are assessed as eligible for reunification with family or support system outside of San Bernardino City and County. This would involve Intensive case management from the Outreach Navigators with specific focus toward reunification services. A client must have a receiving relative(s) or support person(s) who are willing to accommodate and support the client in their transiti on back into the community they are relocating to for reunification. Additionally, due to the worldwide network and established service locations that TSA has in place, the Outreach Navigator would be responsible for also connecting the party willing to accept the reunified client to local services in the area the client will transition to for support. Once the client is assessed as eligible for reunification, their family or support system is identified, and contact is initiated with local Salvation Army in the identified reunification city, transportation plans and arrangements would be made for the individual to have access to communication through their journey, and account for their immediate and basic needs while in transition. Transportation (bus, airfare) and other assistance (e.g., food and other essential items) are anticipated per individual to average $800.

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Intensive case management while in the travel phase of this service would continue to ensure the individual successfully reaches their destination, connects with their family or support system, and has connected with TSA locally in their new community to continue to have support and basic needs met. This program also requires a 90-day and 6-month follow-up to confirm success or support troubleshooting issues with client. During the follow-up process, the client case would be transferred from TSA in San Bernardino to the local unit through an internal database system which allows for secure transmission of client in formation and documentation.

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EXHIBIT B

KEY PERFORMANCE INDICATORS AND PERFORMANCE REQUIREMENTS

1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City Community Development & Housing Department, and will be reviewed on a quarterly basis.
• Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but are not limited to, the measures listed below:
• Consultant will develop and distribute, electronically, a weekly and monthly summary report showing the current status and 12-month trend of each performance measure • Consultant will attend quarterly meetings scheduled by the City Community Development & Housing Department and present and discuss performance measures • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures are related to PW projects when a contractor is conducting work on a county facility and/or delivers materials and services to a county facility

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples.

REQUIREMENTS

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A. Homeless Management Information Systems (HMIS)
The CONSULTANT must ensure that data on all persons served and all activities assisted under this AGREEMENT are entered into the applicable community -wide Homeless Management Information System (HMIS) in the area where those persons and activities are located. This must be done in accordance with the standards and policies established by the County of San Bernardino for participation, data collection, and reporting under HMIS. If the CONSULTANT is unable to use the County HMIS, a comparable database may be used only with the express knowledge and written consent of the CITY and in compliance with the County’s established standards.

HMIS Agency Agreement. The CONSULTANT shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the CONSULTANT'S agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the CONSULTANT is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3rd Floor, San Bernardino, California (909-387-4700).

HMIS Interagency Data Sharing Agreement. The CONSULTANT shall enter into an Interagency Data Sharing Agreement with the HMIS lead agency to enable the sharing of HMIS data with other participating agencies in the region, unless prohibited by law. A copy of this agreement must be provided to the CITY . All data sharing must adhere to the County HMIS policies and ensure client confidentiality in compliance with applicable laws and regulations.

HMIS Data Input. CONSULTANT must enter data directly into the HMIS system and adhere to all implementation guidelines developed under the Continuum of Care. HMIS Participation includes, but is not limited to, the input of all programmatic and client data and the generation of all mandated monthly, quarterly and close- out reports. Consultant must input client data no more than forty eight (48) hours after date of program entry.

Services rendered to clients must be entered into HMIS within forty-eight (48) hours from date of services. All clients who exit the program must have updated status in HMIS within forty eight (48) hours of actual exit date. Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS.

HMIS Reporting: CONSULTANT must, on a weekly and monthly basis, report:

Client Demographics
• Age: Breakdown of clients by age groups (e.g., children, adults, seniors). • Gender: Number of individuals by gender (e.g., male, female, non-binary). • Race/Ethnicity: Diversity of clients served based on race and ethnicity. • Veteran Status: Number of homeless veterans served.
• Disabilities: Number of clients with physical or mental disabilities. • Household Composition: Families, individuals, and youth breakdown.

Service Utilization

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• Intake and Assessment: Number of clients who underwent initial intake and assessment processes.
• Services Provided: Types and frequencies of services provided, such as case management, emergency shelter, mental health services, substance use treatment, and housing assistance.
• Length of Stay: Average duration of stay in shelters or housing programs. • Program Enrollment: Number of clients enrolled in specific programs such as rapid rehousing, emergency shelter, or permanent supportive housing.

Housing Outcomes
• Housing Placement: Number of clients who were successfully placed in permanent housing.
• Housing Retention: Percentage of clients who retained housing after a set period (e.g., 6 months or 12 months).
• Exit Destinations: The outcomes when clients exit the system, such as moving into permanent housing, institutions (e.g., jail or hospital), or returning to homelessness. • Temporary Housing: Number of clients temporarily housed in emergency shelters or transitional housing programs.

B. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The CONSULTANT shall submit to the CITY, on or before the 5th day of each month as part of the Monthly Report:

Payment Request. An original request for reimbursement, accompanied by true and accurate copies of invoices, receipts, agreements, HMIS reports, or other documentation evidencing how funds have been expended during the applicable reporting period. All supporting documentation must meet ARPA compliance standards and conform to 2 CFR Part 200 cost principles.

Monthly Activities and written cumulative (year -to-date) reports of activities, program accomplishments, new program information, and up- to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY .

Any other such reports as the CITY shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the CONSULTANT in the performance of its obligations under this AGREEMENT.

C. Record Keeping
Sufficient records must be established and maintained to enable the CITY to determine whether all applicable requirements are being met in compliance with 24 CFR § 576.500 and 2 CFR §§ 200.334– 338. Recordkeeping requirements must conform to the policies and procedures established by the CITY . The CONSULTANT must also develop and

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implement written procedures for confidentiality in compliance with 24 CFR § 576.500(x).

All accounting records, reports, evidence pertaining to costs, expenses, and funds used by the CONSULTANT, and all documents related to this AGREEMENT, shall be maintained and kept available at the CONSULTANT’s office or place of business for the duration of the AGREEMENT and for five (5) years post -completion of an audit. Records that relate to (a) complaints, claims, administrative proceedings, or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until the complete resolution or disposition of such appeal s, litigation claims, or exceptions.

Records relating to or created in compliance with Lead- Based Paint regulations shall be retained indefinitely, including inspection reports, disclosure statements, and clearance reports. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records.

The CITY and auditors shall have the right to access all CONSULTANT records for as long as the records are retained by the CONSULTANT. In the event the CONSULTANT does not make the above -referenced documents available within the City of San Bernardino, California, the CONSULTANT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The CONSULTANT agrees to meet the requirements set forth in 24 CFR § 576.500.

D. Procurement
CONSULTANT shall establish procurement procedures and procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318- 327. The CONSULTANT shall keep itself fully informed of and comply with all current CITY and applicable federal policies concerning the procurement of property, materials, equipment, goods, and services under this AGREEMENT. The CONSULTANT shall maintain inventory records of all non- expendable personal property, as defined by these policies, that is procured with funds provided herein. The CONSULTANT shall report to the CITY all program assets, including unexpended program income, property, supplies, equipment, and similar items. Upon the CITY’s request, such assets shall revert to the CITY upon termination of this AGREEMENT.

Pursuant to 2 CFR § 200.332(a)(4), the indirect cost rate for the CONSULTANT’s award shall be the federally approved cost rate negotiated between the CONSULTANT and the federal government. The CONSULTANT has a current Negotiated Indirect Cost Rate Agreement (NICRA) with the federal government, which establishes an approved indirect cost rate of 25.5%. This NICRA rate shall be applied to the modified total direct costs for this AGREEMENT. If the CONSULTANT did not have a NICRA, it would have the option to el ect the de minimis indirect cost rate of 15% of the modified total direct costs, as defined in 2 CFR § 200.414(f). However, for this AGREEMENT, the NICRA-approved rate of 25.5% will apply unless otherwise adjusted or superseded by subsequent federal guidance.

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Use and Reversion of Assets. The use and disposition of real property, equipment, supplies, and intangible property under this AGREEMENT shall be in compliance with the requirements of 2 CFR §§ 200.311 and 200.313-.316.

The disposition of real property for which ARPA funds are used for major rehabilitation, conversion, or other renovation is governed by the minimum period of use requirements under 24 CFR § 576.102(c).

CONSULTANT must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

As appropriate and to the extent consistent with law, CONSULTANT should, to the greatest extent practicable in accordance with 2 CFR 200.322, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this paragraph must be included in all subcontracts and purchase orders for work or products under this AGREEMENT.

E. Audit Report Requirements
The CONSULTANT agrees that if it expends One Million Dollars ($1,000,000.00) or more in federal funds, it shall have an annual audit conducted by a certified public accountant in accordance with the standards set forth and published by the United States Office of Management and Budget (2 CFR § 200.501). The CONSULTANT shall provide the CITY with a copy of the audit within thirty (30) days of its completion, but in no event later than April 1 of the year following the program year in which this AGREEMENT is executed.

Further, the CONSULTANT shall comply with audit requirements related to applicable provisions of Lead-Based Paint Regulations as detailed in this AGREEMENT.

If indications of misappropriation or misapplication of the ARPA funds granted under this AGREEMENT cause the CITY to require a special audit, the cost of the audit will be encumbered and deducted from the granted amount. Should the CITY subsequently determine that the special audit was not warranted, the amount encumbered will be restored. If the special audit confirms misappropriation or misapplication of funds, the CONSULTANT shall promptly reimburse the CITY the amount misappropriated or misapplied. In the event the CITY uses the judicial system to recover misappropriated or misapplied funds, the CONSULTANT shall reimburse the CITY for legal fees and court costs incurred in obtaining the recovery.

The CONSULTANT agrees that, in the event its performance under this AGREEMENT is subjected to audit exceptions by appropriate federal audit agencies, it shall be responsible

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for addressing such exceptions and reimbursing the CITY the full amount of the CITY’s liability to the federal funding agency resulting from such audit exceptions.

EVALUATION AND MONITORING

Generally.

The CITY will monitor the performance of the CONSULTANT against goals and performance standards as required herein. The CONSULTANT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the CONSULTANT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.

Access to Records
The CONSULTANT gives the CITY , including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program.

Audit
The CITY shall have the right to audit and monitor any program income resulting from activities funded under this AGREEMENT. Upon request by the CITY and for audit purposes, the CONSULTANT agrees to provide all files, records, and documents related to the funded activities, including clientele demographic data.

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EXHIBIT "C" SCHEDULE OF CHARGES
[Behind this page.]

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BUDGET

The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used for the total cost of the agreement in the amount of $680,000.

REVENUE
City of San Bernardino Homeless Street Outreach (HSO) 680,000$

EXPENSES
Positions
Salaries &
Benefits
(24 months)
Percent to
SB HSO Ci ty SHA RE
1 FTE Business Administrator 192,500$ 25% 48,125$ 1 FTE Director of Programs 192,500$ 50% 96,250$
2 FTE Outreach Navigators 241,899$ 100% 241,899 $ 1 FTE Outreach Advocates 106,130$ 50% 53,065$
Subtotal Salaries & Benefits 439,339 $
Operating C ost
Transportation (Fuel and maintnance), $500/month 11,000$ Equipment (Laptops and accessories) 3,500$
Essential Items/Direct Assistance (Food, Hygiene kits,
blankets, clothing, and other supplies) 34,650$
Supplies - PPE, safety attire, packages for client items 15,000$ A Way Back Home Transitional Assistance
$800 per person X 1 case per month 17,600$
Occupancy/Facility Expenses - estimated at 20% of
$40,000 annually 22,933$
Subtotal Operating Cost 104,683 $
Subtotal of all Expenses 544,022$
Indirect Rate (NIC RA 25% MAX) 25% 136,006$
Program Surplus<Deficit> (27.50)$

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Rate Schedule and Approved Budget Categories
All costs outlined below are based on the approved rate schedule and align with eligible budget categories to ensure compliance with federal guidelines under 2 CFR Part 200 , including cost principles, necessary documentation, and proper allocation for programmatic success.

Salaries and Benefits ($439,399)
Funds are allocated to support personnel critical to program operations, ensuring outreach, coordination, and administrative oversight.

Transportation Expenses: $11,000.00 ($500 per month for fuel and maintenance).

Laptops and Accessories: $2,784.00 (2 at $1,392 each for outreach pairs).

Essential Items/Direct Assistance: $16,925.00 (food, hygiene kits, blankets, clothing, and other supplies).

Program Supplies: $10,000.00 (staff PPE, safety attire, and packaging for client items).

Transitional Assistance: $17,600.00 ($800.00 per person x 1 case per month for client reunification).

Occupancy/Facility Expenses: $22,933.00 (approximately 20% of $40,000 annually for Salvation Army facilities).

Indirect Costs ($136,064)

Indirect costs have been calculated in accordance with the Negotiated Indirect Cost Rate Agreement (NICRA) guidelines, applying a maximum rate of 25%. This approach aligns with the U.S. Department of the Treasury's reporting guidance as outlined on Page 10, Section D, Item a. Administrative Costs in the SLFRF Compliance and Reporting Guidance.

The guidance specifies:

a. "If a recipient has a current Negotiated Indirect Cost Rate Agreement (NICRA) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use that rate to allocate indirect costs to the SLFRF award."

b. Preparation of a Detailed Monthly Invoice:

Positions Salaries &
Benefits Hourly Percent to
SB HSO Ci ty SHA RE
1 FTE Business Administrator 192,500$ 46.27$ 25% 48,125$ 1 FTE Director of Programs 192,500$ 46.27$ 50% 96,250$ 2 FTE Outreach Navigators 241,899$ 58.15$ 100% 241,899 $ 1 FTE Outreach Advocates 106,130$ 25.51$ 50% 53,065$ 439,339 $

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c. All expenses must be itemized and categorized into salaries and benefits, supportive services, and equipment. Each invoice must include supporting documentation:

I. Salaries and Benefits: Timesheets, payroll records, benefits calculations, and cost allocation summaries.

II. Supportive Services: Receipts, service logs, or third- party invoices for eligible expenses (e.g., transportation, client services, outreach activities).

III. Equipment: Purchase receipts, depreciation schedules (if applicable), and usage logs demonstrating alignment with program needs.

a. Cost Allocation Proportionality:
b. Expenses must align proportionally with the rate schedule detailed above to maintain compliance with the agreed-upon budget distribution.

c. Federal Cost Principles Compliance:
d. All charges must adhere to the following:

IV. Allowable Costs (§200.403): Necessary, reasonable, and permitted under the grant agreement.

V. Allocable Costs (§200.405): Directly related to program objectives and proportional to the benefits received.

VI. Reasonable Costs (§200.404): Reflect prudent judgment and cost-effectiveness.

a. Reconciliation Reporting:
b. Monthly invoices must include a Reconciliation Report summarizing:

VII. Services delivered during the billing period.

VIII. Expenditures categorized by eligible activity.

IX. Cumulative grant expenditures to date.

Submission Requirements:
a. Submit all invoices and reconciliation reports in the format specified by the grantor.
b. Include a certification of accuracy and compliance as required under §200.415.

X. DISBURSEMENT AND FUNDS

a. Maximum Amount of Disbursements; Method of Disbursement The CITY agrees to reimburse the CONSULTANT up to a total amount of $680,000 in ARPA funds for the CONSULTANT's performance of the Scope of Work, in accordance with the approved program Budget attached hereto as Exhibit C.

Requests for disbursements shall be submitted by the CONSULTANT no more frequently than monthly, on or before the 5th day of each month, in the form of detailed invoices approved by the CITY . Each invoice must correspond to the

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CONSULTANT's progress on activities outlined in the Scope of Work. This schedule may be modified upon mutual agreement between the CONSULTANT and the CITY.

The CITY shall distribute ARPA funds in arrears in monthly installments, as requested by the CONSULTANT, to compensate for services rendered under this AGREEMENT. Any adjustments to line items within the Budget require prior written approval from the City’s Deputy Director of Housing and Homelessness. However, the total budget must not be increased under any circumstances without a formal amendment to this AGREEMENT.

b. Payment
Payment is subject to the CITY's receipt and approval of invoices, supporting documents, and monthly activity reports submitted by the CONSULTANT. The final payment is due and payable upon receipt of an invoice and reports for the last month of the term of this AGREEMENT, which must be submitted on or before January 15, 2026, for CITY approval.

The CITY shall process payment within thirty (30) days of receiving the required documentation, provided the CITY determines the expenses to be within the scope of this AGREEMENT and in compliance with its terms. If any reimbursement request is determined incomplete, the thirty-day payment timeline will restart upon receipt of the remaining required elements.

Failure to provide complete documentation or reporting may result in the CITY withholding all or a portion of the requested reimbursement until the CONSULTANT complies with all submission requirements. Such requirements ensure compliance with ARPA regulations and reporting standards.

c. Use of Funds
The CONSULTANT agrees to use funds provided under this AGREEMENT exclusively for necessary and reasonable costs allowable under ARPA regulations and other applicable federal laws to operate the ARPA -funded Homeless Street Outreach (HSO) program as detailed in Exhibit A. These funds shall cover activities and expenses aligned with ARPA guidelines, including street outreach, rapid re- housing assistance, housing relocation and stabilization services, emergency shelter support, and contributions to the Homeless Management Information System (HMIS) for compliance purposes. Allowable program costs also include administrative expenses, such as salaries, supplies, and other program -related costs, as outlined in the approved Budget (Exhibit C). All expenditures must comply with 2 C.F.R. Part 200, including cost principles, administrative requirements, and audit compliance standards. The CONSULTANT's failure to perform as required may result in the CITY readjusting the funds or taking other remedies, including suspension or termination of the AGREEMENT.

d. Condition of Funding
The CITY advises the CONSULTANT that changes in funding levels or allocations under the ARPA program or other federal, state, or local government funding sources may impact this AGREEMENT. The CONSULTANT acknowledges that the CITY's obligation is contingent upon the availability of funds appropriated or allocated for the performance of services under this AGREEMENT. If federal

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budgeting, ARPA guidelines, or other funding allocations result in a reduced availability of funds, this AGREEMENT may be terminated by the CITY at the end of the funding period or adjusted accordingly.

In the event of a funding reduction, the CITY reserves the right to revise the Budget for this AGREEMENT or adjust the disbursement rate of ARPA funds to the CONSULTANT. The CITY will notify the CONSULTANT at the earliest opportunity of any services or activities that may be affected by a reduction in funds. No penalty shall accrue to the CITY if this provision is exercised, and the CITY shall not be liable for any damages resulting from termination or modification of this AGREEMENT under these circumstances. Nothing in this AGREEMENT obligates the CITY to expend funds in excess of those authorized and appropriated by law.

The CONSULTANT shall allow representatives of the CITY and their agents and representatives to inspect facilities that are used in connection with this AGREEMENT or that implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of CONSULTANT’S services. Any inspection or examination by the CITY is for the sole purpose of protecting and preserving the CITY’S rights under this AGREEMENT. No default of CONSULTANT shall be waived by any inspection by the CITY. In no event shall any inspection by the CITY be a representation that there has been or will be compliance with this AGREEMENT or that CONSULTANT is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this AGREEMENT or the provision of CONSULTANT’S services.

Where the CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this AGREEMENT by the CONSULTANT, the CITY may suspend the operation of this AGREEMENT for up to sixty (60) days upon three (3) days' notice to CONSULTANT of the CITY’S intention to so act, pending an audit or other resolution of such questions.

e. Separation of Accounts
All funds received by the CONSULTANT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the CONSULTANT, or of any principal or member of the CONSULTANT, in an account (the “Account”) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The CONSULTANT shall keep all records of the Account in a manner that is consistent with generally accepted, sound accounting principles.

No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the CONSULTANT fails to comply with the above requirements until such compliance is demonstrated to the CITY's satisfaction.

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f. Expenditure of Funds
Requirements, Cost Principles, and Audit Requirements for Federal Awards), the CONSULTANT is required to expend all grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure is defined as an actual cash disbursement for direct charges related to eligible goods or services or for indirect costs allocated in compliance with the approved indirect cost rate. Alternatively, expenditure may include the accrual of a direct or indirect cost that compl ies with applicable federal regulations and meets the criteria for allowable, allocable, reasonable, and necessary costs under 2 CFR Part 200, Subpart E (Cost Principles). Failure to expend grant funds for eligible activities within the term of this AGREEM ENT may result in a reallocation or recapture of funds consistent with the terms of the ARPA program and applicable federal regulations. The CITY retains the right to review and verify all expenditures to ensure compliance with ARPA guidelines and the Uniform Guidance.

g. Prohibited Use
Generally, the CONSULTANT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or gifts. The CONSULTANT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ARPA funds will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT.

Lobbying. The CONSULTANT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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CITY OF SAN BERNARDINO
HOMELESS STREET OUTREACH FISCAL YEAR 2024-2025 ARPA

SUBGRANTEE PAYMENT REQUEST
Agency Name: Date:

Address: Phone: 909-888-4880
Invoice No.: Purchase Order:

Period Covered: Account #
Invoice Amount:

APPROVED

FUNDING

BUDGET AMOUNT
(AWARDED)

CURRENT AMOUNT

REQUESTED FOR

REIMBURSEMENT
TOTAL

REQUESTED

TO DATE - INCL

CURRENT

REMAINING

BALANCE
434,515.00$ -$ 434,515.00$ 81,219.00$ -$ 81,219.00$ 164,266.00$ -$ 164,266.00$ 680,000.00$ -$ -$ -$ 680,000.00$ Rounding Error -
Signature of Preparer Email Date
Print Name of Authorized Supervisor, Executive Director, or Board Member Signature of Authorized Supervisor, Executive Director, or Board Member Date For City Use Only: Date Invoice Received Date Reviewed #1 Date Invoice Revised Date Reviewed #2
Review by: Date Reviewed - Final
Invoice Approved by: Invoice Amount Approved

INDIRECT RATE

THE SALVATION ARMY
925 W. 10TH STREET SAN BERNARDINO, CA 92411

ELIGIBLE ACTIVITY

EQUIPMENT, SUPPLIES AND DIRECT ASSISTANCE

SALARIES AND BENEFITS
$ - TOTAL PAYMENT REQUEST THIS INVOICE TOTAL
The undersigned herby certified that the expenditures identified on the Subgrantee Payment Request are true and correct, and that said expenditures were incurred and paid within period stated on this invoice, in accordance with the agreement identified herein. Evidence of all payments (bills and/or receipts and check copies) for each of the expenditures listed is attached hereto.

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Exhibit D

ADDITIONAL REQUIREMENTS

I. GENERAL CONDITIONS
A. Coordination with Continuum of Care
The CONSULTANT shall coordinate with the Continuum of Care (“CoC”) and adhere to the homelessness -related policies and procedures established by the County, State, and Federal governments. This includes ensuring program participant screening, assessment, and referral align with the CITY’s written standards and any applicable guidelines in the City’s consolidated plan or similar strategic frameworks. The CONSULTANT must maintain documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC or required by relevant government entities. This system must align with state and federal requirements, including those established under applicable HUD regulations.

B. Evaluation of Program Participants' Eligibility and Needs The CONSULTANT shall conduct initial evaluations to determine the eligibility of individuals or families for homelessness assistance and the types and amounts of assistance needed to regain stability in permanent housing. These evaluations must comply with centralized or coordinated assessment requirements, the CITY's written standards, and relevant County, State, or Federal guidelines for homeless assistance programs. Re- evaluations for homelessness prevention and rapid rehousing assistance must also adhere to these standards. Evaluations and re -evaluations must be documented in accordance with the CITY’s Homelessness Assistance Written Standards and broader state and federal policies.

C. Terminating Assistance
If a program participant violates program requirements, the CONSULTANT may terminate the assistance in accordance with a formal process established by the CONSULTANT that recognizes the rights of individuals affected, in accordance with 24 CFR § 576.402.

D. Shelter and Housing Standards
The CONSULTANT certifies that shelters and housing supported by homelessness-related funds and utilized by beneficiaries will conform to all applicable County, State, and Federal standards, including those established under 24 CFR § 576.403 and other relevant policies.

E. Homeless Involvement
The CONSULTANT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted through homelessness programs,

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and in providing services for occupants of these facilities. This involvement must comply with applicable federal standards, including 24 CFR § 576.405(c) and 42 USC 11375(d), as well as County and State policies encouraging engagement of affected populations.

F. Independent Contractor
Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner as, creating or establishing the relationship of employer/employee between the Parties. The CONSULTANT and any agent or employee of CONSULTANT shall act in an independent capacity and not as officers or employees of the CITY . CITY assumes no liability for CONSULTANT'S actions and performance; nor does the CITY assume responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for CONSULTANT.

CONSULTANT shall not have authority to act as an agent on behalf of CITY unless specifically authorized to do so in writing. CONSULTANT acknowledges that it is aware that because it is an independent contractor, CITY is making no deduction from any amount paid to CONSULTANT and is not contributing to any fund on its behalf. CONSULTANT disclaims the right to any fee or benefits except as expressly provided for in this AGREEMENT.

As respects all acts or omissions of CONSULTANT relating to CONSULTANT’S responsibility for taxes, bonds, payments, or other commitments, implied or explicit, written or verbal, by or for CONSULTANT, the CONSULTANT agrees to indemnify, defend (at the CITY'S option), and hold harmless the CITY, its officers, officials, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the CONSULTANT'S performance or failure to perform under this Section.

G. Subcontracts
Content Requirements. The CONSULTANT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The CONSULTANT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 75 (Economic Opportunities for Low- and Very Low-Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

Submission to the CITY. The CONSULTANT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY.

H. Licensing

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The CONSULTANT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The CONSULTANT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requir ements include obtaining a CITY business license, as applicable. CONSULTANT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this AGREEMENT.

I. Responsibilities Toward Employees
The CONSULTANT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers’ compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT.

The CONSULTANT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guar antee the safety of workers or persons otherwise affected.

J. Zoning
The CONSULTANT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the CONSULTANT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the CONSULTANT shall immediately make good- faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The CONSULTANT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The CONSULTANT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. Upon termination of grant funding, CONSULTANT must repay all previously disbursed grant funds to CITY and CITY shall have no further obligations to disburse funds to CONSULTANT.

K. Displacement and Relocation
The CONSULTANT must ensure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408, 49 CFR Part 24 and applicable

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California relocation law (Government Code § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.) Any relocation plan for the Project shall be subject to the review and approval by the State of California.

L. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either Party, the contract shall forthwith be physically amended to make such insertion or correction.

II. ASSURANCES AND CERTIFICATIONS
A. Non-Profit Status
The CONSULTANT is a duly organized and existing non- profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non- profit status under the United States Internal Revenue Code (for example, 26 USC § 501(c)(3)). The CONSULTANT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the CONSULTANT has been fully authorized by all requisite actions on the part of the CONSULTANT.

If the CONSULTANT’S non -profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days.

If the CONSULTANT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ARPA program, for their services.

As a non -profit, the CONSULTANT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR Part 200.

CONSULTANT, for itself and its principals, represents and warrants it is eligible or otherwise not disqualified or prohibited from participation in federal or state assistance programs.

B. Adherence to federal, state, and local Laws and Regulations General. The CONSULTANT agrees to comply with all requirements of the ARPA program (including, without limitation, 2 CFR Part 200) and applicable cross-cutting federal, state, and local requirements (including, without limitation, 24 CFR Part 5).

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Economic Opportunities for Low - and Very Low-income Persons (Section 3).

The CONSULTANT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low - and very low -income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 75 apply to this AGREEMENT, except that homeless individuals hav e priority over other Section 3 residents in accordance with § 576.405(c).

Civil Rights. The CONSULTANT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.

Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the CONSULTANT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The CONSULTANT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, col or, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The CONSULTANT shall comply with all provisions of 24 CFR § 5.105(a), including, without limitation, Executive Order 11 246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086.

Nondiscrimination and Equal Opportunity in Participation. The requirements of 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The CONSULTANT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The CONSULTANT shall comply with § 576.407(b) and, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The CONSULTANT must take appropriate steps to ensure effective communication with persons with disabilities. CONSULTANT must also take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons.

Disabilities. The CONSULTANT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act of 1990

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(42 U.S.C. Sections 12101 et seq.), which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. CONSULTANT acknowledges this AGREEMENT is subject to all laws and regulations that prohibit recipients of federal funding from discriminating against individuals with disabilities, including, but not limited to, the following: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (24 CFR Parts 8- 9); the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.); the Uniform Federal Accessibility Standards in Title 24 U.S.C. and associated regulations (24 CFR Part 40); and the Architectural Barriers Rules. CONSULTANT must include a provision prohibiting such discrimination in any contracts or subcontracts for activities to which these requirements apply or could apply, and all contractors and subcontractors must comply with the applicable provision.

Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The CONSULTANT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.

Suspension and Debarment. CONSULTANT must comply with the requirements of 2 CFR Part 200, Appendix II (H); 2 CFR Part 180; and 2 CFR Part 2424. CONSULTANT must verify that all contractors and subcontractors performing work in connection with this AGREEMENT are not debarred, disqualified, or otherwise prohibited from participation in federal or state assistance programs. CONSULTANT further must notify the CITY in writing immediately if CONSULTANT or its contractors or subcontractors are not in compliance with this paragraph during the term of this AGREEMENT. If it is later determined that CONSULTANT did not comply with this paragraph, the CITY or the Federal Government may pursue any and all available remedies (which shall be cumulative and not exclusive), including, but not limited to, suspension and/or debarment of CONSULTANT or its contractors or subcontractors.

Internal Controls (2 CFR § 200.303). CONSULTANT must establish and maintain effective internal control over the federal funds that provides reasonable assurance that federal funds are managed in compliance with all applicable Federal, State, and local laws , regulations, and the terms and conditions of the Federal award. CONSULTANT must take reasonable measures to safeguard protected personally identifiable information and other information considered to be sensitive consistent with applicable Federal, State, and local laws regarding privacy and responsibility over confidentiality.

Fair Labor Standards. CONSULTANT must comply the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and the applicable requirements under 29 CFR Parts 1, 3, 5, 6 and 7, as now or hereafter amended, which

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regulates wage, hour, and other employment practices that govern the use of funds provided and the employment of personnel under this AGREEMENT.

Under the ARPA program, the requirements of the Davis-Bacon Act (40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708) and regulations at 29 CFR Part 5 do not apply to projects solely funded with ARPA funds.

Mandatory Disclosures (2 CFR 200.113). CONSULTANT must disclose, and require its contractors and subcontractors to disclose, in a timely manner, in writing to the Federal awarding agency or the CITY all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award funding all or part of this AGREEMENT. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.339.

Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216). CONSULTANT shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use 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.

Participation by Minority & Women -Owned Business Enterprises (2 CFR 200.321). Obligated Party must comply with the Minority and Women- owned Business Enterprise participation requirements under 2 CFR 200.321 and take all affirmative steps (described in 2 CFR 200.321(b)) necessary to contract or subcontract with and assure that Minority and Women - owned Business Enterprises are used when possible.

C. Falsification of Information
The CONSULTANT represents and warrants that it has made no false or misleading statements to the CITY in the process of obtaining this award of the ARPA funds.

D. Drug Free Workplace
The CONSULTANT represents and warrants that, in compliance with 2 CFR Part 182, it has established the following drug-free workplace policy:

The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program.

As an employee working in conjunction with a federally funded program, the employees of the CONSULTANT will be required to:
i. Abide by the terms above in statement (1), and
ii. Notify the appropriate CONSULTANT authorities and CITY officials of any criminal drug statute conviction for a violation

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occurring in the workplace. Such notification shall be made no later than five (5) days after conviction.

The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation.

Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination.

Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

E. Religious Organization
The CONSULTANT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the CONSULTANT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The CONSULTANT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the CONSULTANT is a religious organization, it retains its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ARPA funds to support any inherently religious activities in compliance with 24 CFR 5.109. The CONSULTANT agrees that acquisition, construction, rehabilitation, use, and disposition of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406.

F. Additional Terms between the CITY
The CONSULTANT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between CITY and such other rules, regulations, or requirements may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto.

G. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants’ health or safety.

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H. Hatch Act
The CONSULTANT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.

III. ENVIRONMENTAL CONDITIONS

A. Generally
Activities funded under this AGREEMENT are subject to environmental review in accordance with applicable federal, state, and local regulations. The CONSULTANT, or any contractor or subcontractor of the CONSULTANT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project or activity, nor commit or expend ARPA or local funds for eligible activities, unless and until the required environmental review is completed and approved in accordance with federal regulations, including but not limited to 24 CFR Part 50 or other applicable environmental standards.

The CONSULTANT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act (42 U.S.C. § 7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and the Flood Disaster Protection Act. If applicable, the CONSULTANT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966.

CONSULTANT must report any violation(s) to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office.

B. Lead-based paint remediation and disclosure
The Lead- Based Paint Poisoning Prevention Act (42 U.S.C. 4821 –4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851– 4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ARPA and all housing occupied by program participants that were built before 1978.

C. Assignment of Responsibilities
By this AGREEMENT, the CONSULTANT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35.

D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the CONSULTANT comply and show evidence of

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compliance with all applicable subparts of 24 CFR Part 35, and especially, Subpart K (“LBP Regulations”). The CONSULTANT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located:

1. A visual assessment of all painted surfaces in order to identify deteriorated paint;

2. Paint stabilization of each deteriorated paint surface, and clearance, in accordance with 24 CFR §§ 35.1330(a)-(b) and 35.1340, before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance;

3. Ongoing lead- based paint maintenance activities into regular building operations, in accordance with 24 CFR § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and

4. Notice to occupants in accordance with 24 CFR §§ 35.125(b)(1) and (c), describing the results of the clearance examination.

E. Notification of LBP Hazard

The CONSULTANT shall provide to all occupants of housing:

a. In accordance with Section 35.130 of the LBP Regulations - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA- approved equivalent.

The current form and version of the pamphlet can be found https://www.epa.gov/lead/protect-your-family-lead-your-home- english
b. In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit.

c. In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work.

F. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the CONSULTANT under this AGREEMENT.

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CITY staff will cooperate with and be available to the CONSULTANT to assist in implementation of compliance with the LBP Regulations as to residential dwelling units to be assisted by the CONSULTANT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the CONSULTANT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations.

G. Exemptions
Section 35.115(a) of the LBP Regulations provides exemptions from 24 CFR Part 35, Subparts B through R. For example, lead -based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days.

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EXHIBIT E

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 “E”.

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)
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.

Appendix II to Part 200 (C) – E qual Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60- 1.3, Consultant agrees as follows during the performance of this Agreement:

The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Consultant will not discharge or, in any other manner, discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers' representatives of the Consul tant's

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commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the adminis tering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discha rge 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

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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.

Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.

Appendix II to Part 200 (D) – C opeland “Anti- Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.

Appendix II to Part 200 (E) – C ontract Work Hours and Safety Standards Act:

Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (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

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responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

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..

Appendix II to Part 200 (G) – C
lean Air Act and Federal Water Pollution Control Act:

Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Appendix II to Part 200 (H) – Debarment and Suspension:

This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further

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agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.

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.

Appendix II to Part 200 (J) – §200.
323 Procurement of Recovered Materials:

Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the c ontract performance schedule; meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:

Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115– 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

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Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Telecommunications or video surveillance services provided by such entities or using such equipment.

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.

For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

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CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
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.

Affirmative steps shall include:

Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL

FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
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 p rovide 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.

Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:

Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

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Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

New Restrictions on Lobbying, 31 C.F.R. Part 21.

Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.

The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

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.

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Protections for Whistleblowers.

In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following:

A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.

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 Reducing Text Messaging While Driving. P ursuant 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.

Assurances of Compliance with Civil Rights Requirements. T he Civil Rights Restoration
Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:

Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.

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Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.

Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.

As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.

For more information on LEP, please visit http://www.lep.gov.

Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.

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:

Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.

Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements.

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Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.

Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non -compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)

CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES

USE OF ARPA CLFRF AND REQUIREMENTS

This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).

Contractor agrees to comply with the following:

A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications

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equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource rec overy; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389).

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

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G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C.

Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C.

Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.

i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.

I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.

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K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.

i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation

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conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such

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compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

L. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.

M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.

N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City.

O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure.

Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.

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P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City.

Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20 th day of the
following month.

R. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.

S. Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control.

T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.

V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.

W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R.

Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R.

Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of

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parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

X. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.

Z. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.

AA. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601- 4655) and implementing regulations.

BB. Applicable Federal environmental laws and regulations.

CC. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalit ies or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governm ents or instrumentalities or agencies thereto.

DD. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.”

FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

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GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.

HH. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C.

Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited Englis h proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

II. The City must include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C.

Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.”

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JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.

KK. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.

LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.

MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later.

NN. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R.

Section 200.112.

OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control.

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AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HOPE THE MISSION This Amendment No. 2 to the Professional Services Agreement dated June 1, 2023 (“Agreement”) is made and entered into as of this 22 day of March, 2024 by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Hope the Mission, a California nonprofit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. WHEREAS, City and Consultant entered into the Agreement on June 1, 2023. B. WHEREAS, City Council authorized $1,500,021.48 in ARPA funds for Homeless Outreach Services over a two (2) year period. C. WHEREAS, on June 26, 2023, City and Consultant executed Amendment No. 1 to the Agreement, which amended Section 4(b) of the Original Agreement to limit Consultant costs to no more than $1,500,000, amended Exhibit B of the Original Agreement – the Schedule of Charges for services rendered, and amended Section 16(g)(i) of the Original Agreement to have Cyber Liability of $250,000 per occurrence and aggregate. D. WHEREAS, the Parties now desire to amend the Agreement to extend the term by one (1) year to May 31, 2025 with a one (1) year option to extend the term. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2, Amendment No. 1, and the original Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Amendment to Section 6 of the Original Agreement. Section 6 of the Agreement is hereby amended in its entirety to read as follows: “Term. This Agreement shall commence on the Effective Date and continue through May 31, 2025, with a one (1) year option to extend the agreement.” 3. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as modified by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

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4. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature. 5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original, and together which shall constitute one and the same Amendment No. 2.

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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HOPE THE MISSION IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written. CITY OF SAN BERNARDINO CONSULTANT APPROVED BY: HOPE THE MISSION Charles A. Montoya APPROVED BY: City Manager Ken Craft Chief Executive Officer APPROVED AS TO FORM: Best Best & Krieger LLP

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San Bernardino - PSA Hope the Mission
Amendment No. 2 - FINAL
Final Audit Report 2024-03-24
Created: 2024-03-23
By: Irvin Parra ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAdcvvO0UqjctI95aeYqdqcAMiz6SEVx7z "San Bernardino - PSA Hope the Mission Amendment No. 2 - FI NAL" History
Document created by Irvin Parra ([email protected]) 2024-03-23 - 0:23:14 AM GMT
Document emailed to Ken Craft ([email protected]) for signature 2024-03-23 - 0:23:30 AM GMT
Email viewed by Ken Craft ([email protected]) 2024-03-24 - 5:34:56 PM GMT
Document e-signed by Ken Craft ([email protected]) Signature Date: 2024-03-24 - 5:35:05 PM GMT - Time Source: server Agreement completed.
2024-03-24 - 5:35:05 PM GMT

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH HOPE THE MISSION

This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 26 th day of June 2023 (“Effective Date”) , by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Hope the Mission, a California nonprofit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated June 1, 2023 , for the purpose of providing homeless outreach services (the “ Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to update the not-to-exceed amount, amend the Schedule of Charges to reflect the new not -to- exceed amount, and alter the cyber liability provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Amendment to Section 4(b) of the Original Agreement . The first sentence of Section 4(b) of the Original Agreement is hereby amended to read as follows:
“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,500,000.”

3. Amendment to Exhibit “B” of the Original Agreement . Exhibit “B” of the Original Agreement shall be replaced in its entirety by Exhibit “B-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference. All references to Exhibit “B” in the Original Agreement shall refer to Exhibit “B-1”.

4. Amendment to Section 16 (g)(i) of the Original Agreement . The Cyber Liability portion of Section 16(g)(i) of the Original Agreement shall be amended to read as follows:
“Cyber Liability $250,000 per occurrence and aggregate”

5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH HOPE THE MISSION

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager

APPROVED AS TO FORM:

Best Best & Krieger LLP
Thomas Rice

CONSULTANT

HOPE THE MISSION
APPROVED BY:

Ken Craft
Chief Executive Officer

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EXHIBIT B-1

SCHEDULE OF CHARGES

Description FTE Rate Years Total Cost
Program Manager 1 $70,000.00 2 $140,000.00
Peer Specialist ($20/hr.) 2 $41,600.00 2 $166,400.00
SUD Counselors ($24/hr.) 2 $49,920.00 2 $199,680.00
Case Managers ($22/hr.) 2 $45,760.00 2 $183,040.00
Data Coordinator 1 $56,160.00 2 $112,320.00
Salaries Subtotal 8 $263,440.00 2 $801,440.00
Employee Benefits @ 22% $801,440.00 $176,316.80
Subtotal Salaries & Employee Benefits $977,756.80
Operational Cost
Service and Supplies Rates/Units Annual Cost Years Cost Client Expenses $75/600 $45,000.00 2 $90,000.00
Client Financial Assistance 189.25 $56,775.00 2 $113,550.00 Program Supplies $250 $3,000.00 2 $6,000.00
Office Supplies, Postage,
Printing
$250 $3,000.00 2 $6,000.00
Staff Training Development $100 $800.00 2 $1,600.00
Field Telephone
Communications
$360 $4,320.00 2 $8,640.00
Professional Liability
Insurance
1 $5,000.00 2 $10,000.00
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Vehicle
Gas/Maintenance/Insurance
1300.00 $15,600.00 2 $31,200.00
Subtotal Services/Supplies $266,990.00
Lease
Vehicle $18,000.00 2 $36,000.00
Office Space $3k/mth at
$1.50 sq. Ft.
$36,000.00 2 $72,000.00
Subtotal for Leases $108,000.00
One-Time Costs
Technology/Set up
Computers, Tablets, Tech,
Software, Estimated 1,500
per employee
$1,500.00 $12,000.00 8 $12,000.00
Subtotal for One-Time Costs $12,000.00
Administrative
Administrative Overhead $135,253.20 $135,253.20
Subtotal Administrative
Overhead
$135,253.20
Project Total Costs $1,500,000

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND HOPE THE MISSION
This Agreement is made and entered into as of June 1, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Hope the Mission, a California nonprofit corporation with its principal place of business at 16641 Roscoe Place, North Hills, CA 9 1343 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Homeless Street Outreach (hereinafter referred to as “the Project”).

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

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. S ervices. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by t his reference.

3. P rofessional 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. C
ompensation.
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.

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b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1 ,500,021.48. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shal l be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within fort y-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. A dditional 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. A
djustments. 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. T
erm . This Agreement shall commence on the Effective Date and continue through May 31, 2024, with a two (2), one (1) year options to extend the agreement.

7. M aintenance of Records ; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

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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, gi ve 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.

12. C
onflicts of Interest . During the term of this Agreement, Consultant shall at DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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. A
ssignment 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. I
ndependent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. I
nsurance. 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. A
dditional 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, DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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 G eneral Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (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).

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(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
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(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2 ,000,000 per occur rence/$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 e quivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appro priate, 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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issu ed 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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. I
ndemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims” ) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City . Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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 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 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. V
erification of Emplo yment 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. T
ermination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees . In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Res
ponsibility 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 t he matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. P
rohibited Employment . Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

26. D
ocuments . Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. O
rganization. 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. Li
mitation of Agreement . This Agreement is limited to and includes only the work included in the Project described above.

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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. E qual 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. E
ntire 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 hereun der. 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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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.

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. T
im e of Essence. Time is of the essence for each and every provision of this Agreement.

38. A
mendments . Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. C ity’s Right to Employ Other Consultants . City reserves the right to employ other consultants, including engineers, in connection with this Project or other projects.

40. P rohibited Interests . Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

42. A
uthority . 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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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. F
ederal 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.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

[SIGNATURES ON FOLLOWING PAGE]
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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 Cr aft
Name

Chief Executive Officer
Title

Date:

DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A 6/2/2023
6/5/2023

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EXHIBIT A

SCOPE OF SERVICES
Background
The City of San Bernardino is developing a 200-bed, low barrier, non-congregate navigation center that will provide interim housing and onsite supportive services. The goal is to have unhoused individuals diverted from the streets to the navigation center.

A referral hotline and screening process will be in place, making it necessary for the Homeless Street Outreach team to work collectively with the lead operator of the navigation center to ensure a consistent screening process. Screening for the navigation center will be necessary to ensure Penal Code 290 (sex offenders) are not granted access as women and children will be onsite. Case managers will be able to refer Penal Code 290’s to appropriate facilities. Also, walk-ins will not be accepted.

Until the navigation center is completed, homeless residents will need assistance with alternative safe housing (I.e., motels & housing resources from local homeless service providers). The City is actively pursuing grants to assist with motel stays, but it is important that the selected lead operator have the ability to engage with local non- profits and the County’s Continuum of Care (CoC) to utilize and/or expand resource opportunities related to temporary housing options.

Federal Requirements: If the Services are funded through a federal or State funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C,” and incorporated herein by this reference.

The following sections (1-5) describe in detail the services being requested by the lead operator.

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• Work with and refer individuals and families to services that include Behavioral Health, Physical Health, and other key services.
• Collaborate with other key stakeholders in creating and implementing plans to provide additional services and coordination of services to people living in encampment areas and vehicles.
• Coordinate with other Agencies or City Departments (i.e., Public Works) on an ongoing basis when an encampment clean-up is scheduled. • Maintaining by-name lists for specific areas, individuals, or encampments to assist with coordination of services.
• Provide supplies or other items to assist clients with meeting their basic needs and to build rapport (food, gift cards, socks, glasses, etc.). • Identify immediate needs that require short-term interventions, such as direct assistance for basic needs or emergency calls for urgent medical needs. • Provide transportation assistance to support clients with connecting to services in a safe provider vehicle for staff and clients, properly labeled street outreach. • Document outreach and engagement activities in the appropriate data system.

Inquiries for rapid response to unsheltered homeless may come from agencies, medical providers, law enforcement, or the community at large. Response to the location must occur within 24 hours, Monday through Friday. It is NOT the expectation that this phone will be answered 24 hours a day, 7 days a week nor 365 days a year. Community members will be able to leave a message at this number, with the expectation that phone messages will be monitored Monday – Friday and all inquiries will be responded to in person within 24 hours, and the inquiring party is informed of the status within 72 hours.

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• Maintain documentation of all inquiries and responses and status • Document services in a timely manner.

A caseload size for a full-time outreach worker would typically be 15-20 unsheltered individuals at any given time. Certification of homeless status can be done by OUTREACH TEAM, Police Department Community district officers, Code officers, or City Homeless Services Coordinator. Outreach will also fill out appropriate forms for referred service agencies. The contractor will be responsible for creating an Outreach project with the county Homeless Management Information System (HMIS)also referred to as the Clarity system.

• Apply a client-centered approach (individualized treatment planning), respecting individual strengths and preferences.
• Implement trauma-informed care and harm reduction model. • Work closely with other Agencies (primary and mental health, housing location, etc.) to ensure a “warm transfer” of services once a client is housed or transitions into another program with case management, such as a shelter or residential treatment program.
• Create and implement a client-centered housing plan to assist clients with rapidly and sustainably exiting homelessness.
• Based on each client’s unique needs, link unsheltered clients to mainstream, health, and behavioral health services.
• Work with shelter providers to facilitate temporary housing interventions and ensure clear roles and responsibilities on case plan and permanent housing goals.
• Provide transportation assistance to assist clients with getting to shelter, appointments, etc.
• Maintain knowledge of eligibility and referral/application processes for a wide range of housing resources, including permanent supportive housing (PSH), rapid re-housing, Veterans Affairs Supportive Housing vouchers (VASH), other subsidies/vouchers, senior housing, shared housing, affordable housing in the community, as well as other applicable resources such as detox services, residential and outpatient substance use treatment programs, and long-term care facilities.
• May provide supplies or other items to assist clients with meeting their basic needs and to build rapport (examples include food, gift cards, socks, and glasses).
• Assist clients with completing the application or enrollment processes for housing programs.
• Assist clients in obtaining vital documents (i.e., Social Security, Birth Certificate, and California Identification Card).

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• Identify non-housing-related services that clients are already connected to and coordinate with other Agencies to facilitate access.

Contractor must serve all street-based persons who are experiencing homelessness such as Adults, Families, Veterans and Transitionally Aged Youth (TAY) and make appropriate “warm hand-offs” and referrals to perspective agencies.

Warm hand off meaning the outreach work may transport and aid in making sure participant makes assessment and intake appointments regard to shelter, Drug rehabs, or housing placement, and or family reunifications when appropriate. Within the County of San Bernardino.

Budget will include a set aside budget for family re-unifications for example, Greyhound tickets, Gas Cards or anything deemed needed by mgmt. to get to said location. Only approved when documentation of plan confirmed by receiving family members or friends.

Outreach will build relationships within the City of San Bernardino and referrals consist of

1. Crisis Counseling

2. Crisis Centers

3. SB Hope Campus

4. Interim Housing Programs

5. Medical Heath

6. Mental Health

7. Substance abuse (SARC)

8. Documentation

9. CalWORKs & Cal Fresh

10. SSI &SSD

11. Legal Services

12. Employment Services

13. Housing Navigation

14. Domestic Violence Services

15. Other-community based organization/ Religious

• Maintain case files of case notes on housing plan progress, required documentation for eligibility and housing applications, and current client consent and release of information in a secure location. (Audits will be done by housing staff)
• Document case management activities in the appropriate data system.

4. Multi-Disciplinary Team (MDT) Meetings – MDTs convey many benefits that include improved health outcomes and enhanced satisfaction for clients as well as a more efficient use of resources and service coordination for team members. Case Conferencing enables Homeless Service providers to utilize a broad array of professional and lived experiences to assess and plan the next steps for a client’s path to housing. Case Conferencing will be held at a minimum of once a month and will be DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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used to address all clients receiving case management services. The City’s Homeless Services Coordinator will act as a liaison to help facilitate monthly MDT meetings and incorporate local agencies and service providers for added support and resources (i.e., Department of Behavioral Health, Substance Abuse Counselors, Code Enforcement Officers, Police and Homeless Service Providers). In order to ensure shared knowledge and continuity of care throughout the City, the City’s Mayor will participate in MDT meetings. On days when the Mayor is not able to participate an alternate (pre-selected City Council Member) will attend meetings. During MDT meetings, outreach staff will report on each client receiving case management services (and who has signed the applicable Release of Information forms) and present the housing-focused case plan, updates on the progress toward housing, barriers, and challenges. MDT participating agencies (including the City) provide suggestions, resource, and when able provide direct pathways to various services and/or funding mechanism to assist clients and improve collaborative efforts with outreach staff.

• Maintain a collaborative environment with representation at MDT meetings from law enforcement, homeless shelters, Service Agencies, and primary and mental health care.
• Maintain strict confidentiality in case conferencing and follow program confidentiality policies regarding obtaining consent to share information/Release of Information forms.
• Maintain an approved participant list of MDT members and maintain active participation by key partners.
• Facilitate each MDT meeting and take written notes, including all action items and next steps for each client’s housing-focused case plan. • Provide information to clients on the MDT model and obtain consent for case conferencing within the MDT if clients are willing.
• At each MDT meeting: Homeless outreach case manager who provides services to clients presents about each client who is receiving case management. The case manager presents the client’s housing-focused case plan, progress toward housing, eligibility for various housing resources, barriers, challenges, concerns, and needs and can request suggestions or support from MDT-approved participating agencies.

Additional Services
At the City’s discretion, the Agencies may be asked to perform additional related tasks in addition to those currently anticipated above. The Agencies should therefore have the capability to provide related professional services.

Program Components, Services Approach, Staffing, Start-Up Plan

• Proposed approach, including an understanding of the scope of services to be provided and appropriateness of the proposed services.
• Alignment with the Housing First approach.

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• Implementation of housing-focused services to assist each client with developing and implementing his/her/their plan to return to housing. • Client-centered, strengths-based approach.
• Responsive to the needs of clients, including clients with significant barriers and challenges.
• Proposed staffing model.
• Staff training.
• Accessibility of services, including staff’s language capacity and other facets of accessibility.
• Accessible hours of operation, especially outside of regular business hours.

Services are provided during times that are tailored to the needs of the clients. • Program management/oversight to support and supervise staff, data tracking and reporting, and overall quality of services.
• Proposed approach that meets the stated timeline, including start-up timeline.

Program Oversight Structure

• The program includes a program manager/director who will be responsible for overall program operations, including quality assurance and improvement, consistency of services, ongoing training and supervision of staff, partnerships with stakeholders, data tracking, and performance outcomes. The program manager and/or director may be full-time or part-time, depending on the size of the program.
• The program works closely with staff from the City Manager's Office on program implementation and program structure as it relates to other outreach services in the community, and how this program interacts with other homeless system programs, such as the San Bernardino County’s Coordinated Entry System. • The program recruits, retains, trains, and supervises qualified program staff, who demonstrate experience in:
a. Working with hard-to reach and hard-to-serve clients, who may otherwise be disconnected from mainstream and homeless system services and supports.
b. This means providing ongoing, comprehensive staff trainings on best practices in working with homeless individuals with complex needs, safety protocol and procedures, motivational interviewing, job functions and responsibilities, and emergency response protocol. Narccan training.
c. Providing outreach during inclement weather episodes in which the Inclement Weather Program is activated, including cold weather, rainy weather, heat waves, and poor air quality. Cultural competence and sensitivity. Program includes multilingual staff.
d. Trauma informed care, motivational interviewing, harm reduction, mental health, and other areas as needed to ensure they are equipped to work effectively with chronically homeless and unsheltered individuals. Staff should apply a strengths-based, person-centered approach to case DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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management that utilizes motivational interviewing and other current best practices.
e. Housing First principles and actively working to move the greatest number of unsheltered individuals towards permanent housing. f. Knowledge of the array of services available within the community. Staff maintain current knowledge of referral/application processes for shelter, housing resources, voucher and subsidy programs, senior housing, affordable housing, shared housing, substance use treatment programs, long-term care/medical facilities, and other applicable resources. g. Consistent documentation of services and data entry in an appropriate system
h. The program provides outreach staff with support, training, and case consultation as needed with staff who have clinical expertise to brainstorm additional methods for engaging and serving clients.

• The provider maintains written documentation of program policies and procedures and updates the documents on a frequent basis. Documentation includes all areas of program operations, including the following:

a. High quality services consistent with the program model and aligned with Housing First principles.
b. Process for receiving, documenting, and responding to referrals and requests for service.
c. Process for clients to begin receiving case management and procedure for when case management ends.
d. Frequency of supervision and process for staff to reach manager for urgent needs.
e. Thorough, accurate, and timely documentation of all services in the HMIS system.
f. Safety and emergency protocol.
g. Incident report and resolution process.
h. Confidentiality policies and applicable forms.
i. Program implements Housing First principles, serves the hardest to serve the homeless, and actively works to move the greatest number of unsheltered individuals toward permanent housing. j. Program implements a person-centered, strengths-based approach that tailors case management to each client.
k. Collaboration with safety net providers, homeless providers, medical and behavioral health providers, substance use treatment programs, law enforcement, and other applicable partners.

• Program has an internal grievance process that clients can use to resolve conflicts within the program. Written policies and procedures for resolving grievances, including a statement regarding the client’s right to request a reasonable accommodation, are posted in a conspicuous place and accessible to clients.

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Agency Qualifications, Experience, Capacity, and Outcomes

• Recent relevant experience in providing services to the population(s) to be served and strong outcomes of the relevant services provided. • Demonstrated the capacity of the agency to provide the identified services. • Recent data demonstrating strong performance for relevant services provided. • Experience training and monitoring staff and program performance. • Expected performance outcomes and impact of services. • Experience and approach for incorporating strategies ensuring racial and gender equity for all program participants.
• Experience and approach for incorporating people with lived experience of homelessness into the planning and implementation of the proposed program’s services, policies, and procedures.
• Claims and violations against you or your organization. • Ability to meet timelines and all requirements.
• Clearly defined roles and responsibilities

Organizations that currently or previously contracted with the City will be reviewed for contract and program compliance, including financial management, timely and adequate submission of invoices and reports, monitoring results, performance, and any other relevant documentation or information.

Customer Service

• Grievance policy.
• Demonstrated ability to collect and utilize feedback from clients in a systematic way to make program changes.
• Assurance of high-quality services.
• Responsive to the needs of clients.
• Experience providing culturally and linguistically appropriate services, including approach to providing services to clients who speak a language other than English.
• Demonstrated ability to collect and utilize feedback in a systematic way from key partners including other community organizations and City and -- programs that work with vulnerable residents.

Budget and Financial Capacity

• Clarity of submitted budgets for services proposed in response. • Please demonstrate how the agency could scale the project if you received less than your proposed budget.
• Experience administering grants or contracts from other public or private funders.
• Agency’s overall stability and financial health.

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• Budget and budget narrative provide sufficient detail on staffing costs and other line items.
• Experience tracking and reporting on funding for federal and state funded grants or contracts from other public agencies.
• Additional financial resources identified to be leveraged by the agency. • Agency financial processes, including internal controls and compliance with accounting practices.

Quality Assurance and Quality Improvement

• Utilizing data to identify performance measure outcomes, areas of need, and service impact.
• Ongoing quality assurance and quality improvement processes. • Demonstrated ability to provide complete, timely, and accurate data in a case • management system or other relevant experience that demonstrates the capacity for complete, timely, and accurate data entry/tracking. • Additional measurements/metrics/deliverables/assessments provided to demonstrate program impact.

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EXHIBIT B

SCHEDULE OF CHARGES

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Vehicle
Gas/Maintenance/Insurance
1300.00 $15,600.00 2 $31,200.00
Subtotal Services/Supplies $266,990.00
Lease
Vehicle $18,000.00 2 $36,000.00
Office Space $3k/mth at
$1.50 sq. Ft.
$36,000.00 2 $72,000.00
Subtotal for Leases $108,000.00
One-Time Costs
Technology/Set up
Computers, Tablets, Tech,
Software, Estimated 1,500
per employee
$1,500.00 $12,000.00 8 $12,000.00
Subtotal for One-Time Costs $12,000.00
Administrative
Administrative Overhead $135,274.68 $135,274.68
Subtotal Administrative
Overhead
$135,274.68
Project Total Costs $1,500,021.48

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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) A ppendix 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 c ontract 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 Secretar y 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, litigatio n 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 or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the 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) A ppendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) A ppendix 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 therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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 i mplementing regulations issued by the awarding agency..
(g) A
ppendix 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) 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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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 for or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal cont ract, 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) A
ppendix 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 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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

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(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 m anufacturing 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.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

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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) C
ompliance 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 (SA M), 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.
(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 prohibi ting DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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) P
rotections 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.
(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;
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(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) R educing Text Messa ging 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) A
ssurances 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 program s 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.
(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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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 Depart ment 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 a nd 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 t he 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.
(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligati ons.

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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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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 rec eived 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 findings 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.

DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A

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City of San Bernardino – Request for Proposals (RFP) for Homeless Street Outreach The Salvation Army Homeless Street Outreach (HSO) Program

EXECUTIVE SUMMARY
The Salvation Army (TSA) requests funding from the City of San Bernardino in the amount of $1,500,000 to deliver the proposed Homeless Street Outreach (HSO) program, in accordance with the required scope of work as described in the Homeless Street Outreach Request for Proposals (RFP). The proposed period of performance is April 17, 2023 (date by which the City seeks to begin services) through April 16, 2026.

The HSO program will model TSA’s successful Dignity Health Mobile Street Outreach program, which operated under contract with Dignity Health from 2020 to 2022 and continues to operate in San Bernardino. If awarded, the HSO program would be a significant expansion of the existing program, due to the increased staffing, resources, and additional services to be provided. Primary components of the proposed program will include outreach and engagement, rapid response, intensive case management, and multi-disciplinary team meetings. Additionally, TSA proposes to incorporate a secondary model, “A Way Back Home,” a family and support system reunification program, which has been implemented by TSA in other communities.

The HSO program will be conducted by the following team: one Business Administrator; one Director of Programs; one Assistant Program Manager; one Outreach & Engagement Coordinator; three Outreach Navigators; and three Outreach Advocates. The program will operate under the direction of the Business Administrator, with programmatic supervision by the Director of Programs. Overall supervision will be provided by the Corps Officer in charge of TSA’s San Bernardino Corps. TSA anticipates a high level of collaboration with the office of City of San Bernardino Housing and Homelessness Director as well as other city staff and service providers in the community, with which TSA already holds strong relationships.

TSA is committed to operating the program according to evidence-based practices and policies, including Housing First and other core practices including the following: low barrier, housing- focused, trauma-informed, individualized/client-centered, and need-based. Descriptions relative to how these core practices will be implemented are provided further in this proposal.

TSA is extremely experienced in the provision of street outreach for unsheltered individuals and families experiencing homelessness. Locally, TSA is familiar with the San Bernardino County Continuum of Care Written Standards for homeless services delivery, including street outreach.

These standards for service delivery will be incorporated into the proposed program.

TSA has the organizational capacity to fulfill the City’s scope of work for the HSO program and looks forward to a continuing collaboration with the City to facilitate clients’ exit from homelessness toward a path of increased self-sufficiency, permanent housing, and long-term stability.
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City of San Bernardino – Request for Proposals (RFP) for Homeless Street Outreach The Salvation Army Homeless Street Outreach (HSO) Program Table of Contents
Identification of Proposer........................................................................................................................... 3 Staffing Resources (including resumes and job descriptions)................................................................. 4 Fiscal Stability........................................................................................................................................... 24 Experience and Technical Competence .................................................................................................. 26 Proposed Method to Accomplish the Work............................................................................................ 36 Fee Proposal .............................................................................................................................................. 43 Insurance ................................................................................................................................................... 44 Litigation.................................................................................................................................................... 49 Other Information .................................................................................................................................... 50 Certification of Proposal .......................................................................................................................... 53 Appendices................................................................................................................................................. 54 Exhibit A Proposed Scope of Services - Bidder’s Responses ................................................................ 55 Program Budget and Budget Narrative.................................................................................................. 84 Attachments...................................................................................................................................................

Letter from Advisory Board authorizing submission of proposal........................................... 88 Organization Chart for The Salvation Army San Bernardino................................................ 89 Organization Chart for proposed HSO Program ..................................................................... 90 Documentation of 501(c)(3) status.............................................................................................. 91 Grievance Policy for The Salvation Army San Bernardino Programs (clients) .................... 92 Grievance Policy for The Salvation Army USA Western Territory (staff) ............................ 95 Agency Budget and actuals for FY 2022 for The Salvation Army San Bernardino .............. 96 Agency Budget for FY 2023 for The Salvation Army San Bernardino .................................. 97 Audited Financial Statement for The Salvation Army Southern CA Division (FY 2021)..... 98 Letters of Support...................................................................................................................... 119

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City of San Bernardino – Request for Proposals (RFP) for Homeless Street Outreach The Salvation Army Homeless Street Outreach (HSO) Program

IDENTIFICATION OF PROPOSER
Legal Name of Proposer: The Salvation Army
Addresses:

The Salvation Army
Western Territorial Headquarters (legal address)
30840 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
The Salvation Army
Southern California Divisional Headquarters (administrative oversight) 16941 Keegan Avenue
Carson, CA 90746
The Salvation Army
San Bernardino Hospitality House (program site)
925 W. 10th Street
San Bernardino, CA 92411
Legal form of company: Non-profit Corporation
Proposed representative to contact concerning the proposal submittal:

Steven Pinckney
Business Administrator
The Salvation Army San Bernardino
838 Alta Street, Redlands, CA 92374
Phone: 909-792-6868
Email: [email protected]
California Business License Number (California Franchise Tax Board Entity ID#): 0078321 3 Packet Pg. 132

STAFFING RESOURCES
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/ job title of each as well as your firm’s capacity to provide additional personnel as needed.

The Salvation Army (TSA) proposes ten (10) staff to perform the Homeless Street Outreach (HSO) program services for the City of San Bernardino as outlined below. Three of the positions are already filled and two others are in the process of being filled, as noted below. Staff will be hired for the remaining five positions, should the City select TSA as the operator of this program.
• Business Administrator (1 FTE at 10% program allocation) - Steven Pinckney • Director of Programs (1 FTE at 12.5% program allocation) - Naomi Goforth- Kuhlman
• Assistant Program Manager (1 FTE at 12.5% program allocation) - Jose Gonzalez • Outreach & Engagement Coordinator (1 FTE at 75% program allocation) - Vacant; offer to candidate in progress
• Outreach Navigator/Case Managers (3 FTE at 75% program allocation) - Vacant; offer to one of three candidates in progress
• Outreach Advocate/Peer Advocate (3 FTE at 75% program allocation) - Vacant Should TSA be chosen as the service provider to administer the HSO program, the additional five staff are able to be hired and trained in quick succession prior to the City’s established date to begin administering services (April 17, 2023). TSA has already been interviewing potential candidates and has a pool of qualified individuals to draw from and the ability to interview for additionally needed staff if selected. As a recent provider of street outreach services, TSA has management structures and operational policies and procedures in place to implement the proposed expanded program within the City’s program timeframe. TSA’s Southern California Divisional Headquarters (located in Carson, Los Angeles County), which oversees organizational activities in nine counties throughout Southern and Central California, is fully supportive of the proposed program expansion. The Human Resources Department at Divisional Headquarters will serve in facilitating the hiring of the necessary additional personnel. (ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
• Major Isaias Braga, Corps Officer, The Salvation Army San Bernardino – As officer in charge of all operations of The Salvation Army in San Bernardino, 4 Packet Pg. 133

primary responsibilities for the HSO program will include oversight of the program as a whole, budgeting, and administration of the grant funds. • Steven Pinckney, Business Administrator, The Salvation Army San Bernardino – Responsible for all functions of HSO program staffing, operations, financial responsibility and program compliance.
• Naomi Goforth-Kuhlman, Director of Programs, The Salvation Army San Bernardino - Program Oversight and Structure; responsible for overall program operations, including quality assurance and improvement, consistency of services, ongoing training, and supervision of staff, facilitates partnerships with stakeholders, data tracking and performance outcomes.
(iii) Describe proposed team organization, including identification and responsibilities of key personnel. Please include one-page resumes. • Steven Pinckney - Business Administrator – (10% or 4 hours per week dedicated to City HSO program): Responsible for all functions of HSO program staffing, operations, financial responsibility and program compliance. • Naomi Goforth-Kuhlman - Director of Programs (12.5% or 5 hours per week dedicated to City HSO program): Program oversight and structure; responsible for overall program operations, including quality assurance and improvement, consistency of services, ongoing training, and supervision of staff, facilitates partnerships with stakeholders, data tracking and performance outcomes. • Jose Gonzalez - Assistant Program Manager (12.5% or 5 hours per week dedicated to City HSO program): Under the supervision of the Director of Programs, assists with program oversight and overall program operations. Supports staff in managing schedules and staffing coverage, acquiring supplies and items, and assists with property issues which impact program operation and function. • Vacant (in process of hiring candidate) - Outreach & Engagement Coordinator (75% or 30 hours per week dedicated to City HSO program) - Assists with program oversight and structure, facilitating of partnerships with stakeholders, data tracking and performance outcomes.
• Vacant (one of three in process of being hired) - Outreach Navigators/Case Managers (3 each at 75% or 30 hours per week dedicated to City HSO program) - Intensive Case Management (case load of 15-20), Rapid Response, MDT Team Meetings, additional Individualized Services
• Vacant - Outreach Advocates/Peer Advocates (3 each at 75% or 30 hours per week dedicated to City HSO program) - Outreach & Engagement, Rapid Response, MDT Team Meetings, Additional Individualized Services
Please note that program allocation for the City HSO program is proposed at 75% for the Outreach & Engagement Coordinator, Outreach Navigators, and Outreach Advocates, as 25% of these positions’ time is anticipated to be dedicated to TSA’s HSO program outside of the City of San Bernardino (throughout San Bernardino County). 5 Packet Pg. 134

Please see enclosed resumes for existing key staff as well as job descriptions for all unfilled positions of other key staff. Additionally, a program organizational chart is included with this proposal for refence.
(iv) Provide brief biographies of individuals that shall be working directly with the City. • Major Isaias Braga, Major Braga, currently the Corps Officer in charge of Salvation Army operations in San Bernardino, has been a Salvation Army officer for over 25 years, serving the underprivileged. He is originally from Brazil and has previously served in Torrance and Redondo Beach, CA; Broomfield and Fort Collins, CO; Seattle metro in Renton, WA; and overseas in Brazil. Major Braga currently leads Salvation Army operations in San Bernardino, CA. He is trilingual (English, Spanish, and Portuguese). His experience includes large grants administration, a wide range of social services, including case working for homeless individuals and families, households experiencing food and housing insecurity, children’s character development programs, large food bank operations management, multimillion- dollar budgeting responsibilities, and other responsibilities as needed in a given community. Major Braga is driven by a desire to help people and considers himself fortunate to have numerous opportunities of service in San Bernardino. • Steven Pinckney: Steven is currently the Business Administrator of The Salvation Army’s San Bernardino operations. Steven attended San Bernardino Unified Schools from Kindergarten through high school graduation. His schools included Bonnie Oehl Elementary, Serrano Middle School, and San Gorgonio High School.

After sporadically attending Crafton Hills and San Bernardino Valley College, Steve pursued a career as a journeyman meat cutter for Stater Bros. Markets, and then as an Account Executive and Sales Manager in the Mortgage Banking Industry. During Steve’s time in the Mortgage Banking Industry he worked in Virginia, Florida, and South Orange County. In 2013, Steve returned to the Inland Empire, and began his quest for a college degree by enrolling in San Bernardino Valley College. Upon graduation from SBVC with an AA-Transfer Degree in Communications, Steve then enrolled at CSUSB where he continued his track for a communications degree with his concentration in Public Relations. While pursuing his degree, Steve was named Outstanding Student in Public Relations and graduated cum laude in 2017 with his degree in Communications. After graduation, Steve decided he wanted to stay in the Inland Empire and take on a job that would allow him to give back to the community in which he was raised. Today, Steve serves the Inland Empire in his role as Business Administrator for The Salvation Army San Bernardino Corps. He works with many city organizations and entities to serve people in the communities who need shelter, food, training, employment and education. He sees this as his most important work and remains dedicated to giving back to his community through his work with The Salvation Army. • Naomi Goforth-Kuhlman: Naomi is currently the Director of Programs for The Salvation Army of San Bernardino. The most recent five years have been spent as the Director of Programs for multiple Homeless and Social Service Programs 6 Packet Pg. 135

administered in San Bernardino County, with current responsibility for development, implementation, and oversight for operational and programmatic elements of the following: Hospitality House Emergency Shelter and Transitional Living programs, Men’s Transitional Living program, Community Meals, and Homeless Street Outreach. An additional seven years were served at other Salvation Army or non-profit programs in the Southern California, inclusive of additional experience in the areas of homelessness, behavioral health, substance use, social, and non-profit services. Naomi holds an AA Degree in Social Services and Non-Profit Management, certificates as a behavioral health technician and medication technician, is a state certified Domestic Violence and Human Trafficking advocate, with training and additional education in non-profit management, trauma informed care, behavioral health intervention, social services, homeless services, ministry, and substance abuse services. Currently, she is in process of evaluation through the National Advocate Credentialing Program (NACP) to become credentialed as service provider to those victimized by crime and working toward her SSI/SSDI Outreach, Access, and Recovery (SOAR) certification. Prior to entering the field of Social Services 12 years ago, Naomi worked in the fields of Health and Wellness and Mass Communications. Being an individual who directly benefitted from Salvation Army services herself, Naomi believes in and champions a mission of transformative and restorative social services. She is a strong voice and advocate for anyone enduring life’s struggles and her passion is seeing individuals thrive by experiencing restoration, wholeness, self-sufficiency and wellness in all areas of their lives. • Jose Gonzalez, Assistant Program Manager - Jose is a graduate of TSA’s Adult Rehabilitation Center (ARC). Upon completion of the ARC, Jose transitioned into TSA’s Men’s Transitional Living Center called Path to Prosperity (PTP). While at PTP Jose enrolled and then graduated from San Bernardino Valley College with an AA degree in Sociology. Upon completion of his AA degree, Jose went to work at PTP as a case manager while he continued his educational journey at Cal State University San Bernardino and graduating with a BA in Sociology. Jose then transferred into his current role as Assistant Program Manager. b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

No subcontractors are anticipated for the proposed program. 7 Packet Pg. 136

Steven Pinckney
E: [email protected] * M: 909-991-5666 * Highland, CA 92346 linkedin.com/in/stevenpinckney
________________________________________________________________________ Communications & Business Sales
Experienced Business/Public Relations Professional who has developed successful B2B client base that grew from zero to $148,400,001 in annual sales. Worked with Direct Supervisor to plan and direct business plan to merge San Bernardino/Redlands Corps - Business/Public Relations programs designed to create and maintain a favorable public image for The Salvation Army. Core competencies include:

Interpersonal Communication* Project Management* Client Relations* Grant Writing * Grant Billing *Public Relations & Donor Relations *Special Event Planning* Fund Raising* Non-Profit Specialist* Detail-Oriented*Problem Solving Skills
______________________________________________________________________________________

PROFESSIONAL EXPERIENCE
THE SALVATION ARMY- San Bernardino, CA 2016– Present
One of the largest charitable organizations in the world, The Salvation Army operates in communities across the United States. This includes food distribution, disaster relief, rehabilitation centers, and a wealth of children’s programs. Eighty- two cents of every dollar we spend supports our various missions.

Business Administrator 2021- Present
Perform Business Duties: Drive and supervise positive business growth, detect wastage and improve efficiency, oversee day-to-day business activities, oversee building and maintenance projects, introduce and implement innovative short and long-term business goals, liaise with Advisory Board, staff and donors, negotiate and approve agreements, oversee and manage budget activities, harmonize organizational activities, evaluate and enhance employee performance.

Office Manager 2016 - 2021
Perform administrative support: Dealing with correspondence, complaints and queries, preparing letters, presentations, and reports, basic bookkeeping (submitting invoices for payment, receiving and depositing income, etc.) Maintain the daily operation of the administrative office. Manage and coordinate volunteer(s). Coordinate program registrations and activity forms for various events. • Promoted to Business Administrator
NEW CENTURY FINANCIAL SERVICES * 2001 - 2008
New century was the second-biggest subprime mortgage lender in the United States. It had a focus on lending to borrowers unable to qualify under traditional, more stringent criteria due to a limited or blemished credit history.

Area Sales Manager
Responsible for overseeing the sales operation in the Orange County, CA area. Maintaining and increasing sales by servicing the needs of existing customers and increasing client base throughout assigned territory. Grew assigned territory from zero to $148,400,001 in annual sales and showed the ability to work calmly under pressure. •
•
•
Trained, mentored, and managed sales team to successfully prospect new clients, generate wholesale loan submissions and strategically manage pipeline.

Reached the targets and goals that were set for area by demonstrating the ability to motivate and lead a team.

Top Producer- Qualified for every sales contest and attended all sales incentive trips.

EDUCATION
Bachelor of Arts in Communications (cum laude)
California State University, San Bernardino * San Bernardino, CA 2017

TECHNICAL SKILLS
Proficient in Microsoft Office Suite: advanced Excel * Word * Power Point 8 Packet Pg. 137

Naomi Goforth
Cell:(310)808-7143
[email protected]

SUMMARY
A skilled professional accustomed to working in fast-paced, structured and demanding, yet rewarding environments.

Experienced in the areas of leadership, accountability and, demanding, high intensity environments. Knowledgeable due to hands-on experience with social service programs, grant acquisition and administration, non-profit management, behavioral health and substance abuse services, individuals experiencing homelessness, victim/survivor advocacy, grant management, mass communications and ministry. Committed to supporting a team environment, willing to learn and dedicated to service of others and the community.

EMPLOYMENT
2023-Current The Salvation Army Director of Programs
2018-2022 The Salvation Army Hospitality House Shelter, Transitional Living and Community Meal- Program Manager 2017-2018 The Salvation Army Transitional Living Center-Case Manager 2016-2017 Behavioral Health Services- Adolescent Substance Abuse Counselor 2015-2016 Volunteers of America - Intake/Case Management 2015 Fitness 19-Club Coordinator
2014-2016 The Vet Hunters Project- Veterans Advocate
2014-2015 The Salvation Army-Community Center Urban Ministry Director 2012-2014 The Salvation Army- Social Services/Ministry Internship 2011-2012 The Salvation Army-Human Resource Management
2010-2011 LA Fitness-Personal Trainer
2006-2010 United States Marine Corps

VOLUNTEER SERVICE
Current Volunteer Service
2017 to current Students Run LA-Race Day Operational Support 2016-Current The Deserted Military M/C- Merry Little To y Run (Christmas To y Collection) 2014-Current TrueAdopt-Birth Mother Peer Support ,
2012-Current Special Olympics San Gabriel Valley-Track and Field Event Support Past Volunteer Service
2016-2018 Red Bucket Equine Rescue- General Tasks
2016-2017 Priceless Pets Rescue- General Tasks

EDUCATION & QUALIFICATION
Current Enrollment
SAMSHA- SSI/SSDI Outreach, Access, and Recovery (SOAR) Certification program National Advocate Credential Program- Pending application for Credential as a National Advocate for victims of crime Completed Education & Qualification
Office for Victims of Crime Training & Technical Assistance Center- Victim Assistance Training Completion toward Credential National Elite Medical Academy- Medication Technician Certification Addition Training Academy- Behavioral Health Technician Certification FEMA Emergency Management Institute- Basics, Intro to Incident Command, NIMS, National Response Framework Transformation Academy-Health & Nutrition Coach
Mt. San Antonio College- Substance Abuse Counseling
Mt. San Antonio College- Domestic Violence Victim Advocate Certification Family Assistance Program- Human Trafficking Advocate Certification Salvation Army College for Officers Training- AA Social Work/Ministry Int. Sports Sciences Assoc., American Council of Exercise, Nat. Council on Strength and Fitness- Certified Trainer • Defense Information School- Video Production and Documentation, Certificate of Completion Dallastown Area High School- High School Diploma
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Position Description
Date: 10/1/22Position Title: Outreach & Engagement
Coordinator
Salary Grade: $21.00 Division/Department: Southern California/San Bernardino
Employment Classification: Non-exempt Reporting Status: Hospitality House Program Mgr.

Mission Statement
The Salvation Army, an international movement, is an evangelical part of the universal Christian church. Its message is based on the Bible. Its ministry is motivated by the love of God. Its mission is to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination.

Position Summary
The Outreach and Engagement Coordinator is a housing focused outreach position which oversees outreach and engagement within the San Bernardino County area. The function of Outreach and Engagement is to provide mobile, field-based services to individuals experiencing homelessness within San Bernardino County. The primary objective of this position is to support individuals experiencing homelessness in greater self-sufficiency toward permanent housing through engagement, resource referrals and linkage to services, local engagement collaboration with community partners.

Essential Functions

1. Maintains a service and referral information list of partners within San Bernardino County.

2. Engages persons without homes in the San Bernardino area to initiate contact, develop rapport, and assess for service needs.

3. Evaluate immediate needs such as crisis intervention, medical attention, showers, clothing, food, emergency shelter, etc.

4. Evaluate for appropriate triage or linkage to housing, health, employment, education and financial resources to help resolve homelessness and refer to community partners.

5. Work in collaboration with other local outreach teams to schedule collaborative events for provision of whole person care in the field.

6. Coordinate with Departments such as Library, Public Works, Transitional Assistance, Police, Fire, Public Defender, Parks and Recreation to support with resource education to staff and linkage to services.

7. Coordinate with medical, behavioral health, correctional institutions, and other residential facilities to provide information regarding local resources which may be of benefit to individuals with planning or upcoming exit/discharge.

8. Regularly engages with landlords, property management groups and county wide room and board collaborative groups.

9. Coordinate and collect necessary data for reporting purposes and submit within required Information Management Systems (WellSky, Clarity, ODIN, etc.), maintain data quality and complete submission of reporting as requested.

10. Attend local Homeless Coalition, Collaborative Partner, Continuum of Care and other meetings which pertain to services, systems and resources for individuals experiencing homelessness as required.

11. Provide transportation to support stabilization efforts as necessary.

12. Maintain vehicles in safe operating condition and keep maintenance logs up to date.

13. Maintain confidentiality and social service code of ethics.

14. Maintain safe and sacred boundaries with program participants and community partners.

15. Perform all other duties as assigned related to your scope of work. 3/1/2018
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Working Conditions
While performing the duties of this job, the employee is regularly required to sit; use hands and fingers; handle or feel; reach with hands and arms; talk; and hear. The employee is frequently required to walk, balance, stoop, kneel, and/or crouch. The employee must occasionally lift and/or move up to 15 pounds.

Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and ability to adjust focus. Keyboard data entry required.

Minimum Qualifications Skills, Knowledge & Abilities

1. Associates Degree OR equivalent work and
educational experience combination
required.

1. Knowledge of or experience with mainstream
benefits and services provided within the
County of San Bernardino.

2. A minimum of one year of related work
experience with individuals experiencing
homelessness required.

3. A minimum of one year of Case
Management experience required.

4. Experience conducting street outreach,
engagement within homeless facilities and
working with other providers such as
police, churches, hospital hospitals
preferred.

5. Ability to drive and maintain a valid
Class C California Driver’s License,
pass a TSA Driving Test and maintain
a clean MVR required.

6. Must be able to pass a complete and
satisfactory background check.

2. Experience working with individuals who are
experiencing homelessness, justice involved
and living with behavioral health diagnosis.

3. Excellent problem-solving skills.

4. Ability to work collaboratively with
others on a team.

5. Uses good time management skills and
resources to balance responsibilities.

6. Experience operating general office
equipment to include computers. Familiarity
with Microsoft Office programs preferred.

7. Ability to email, fax, operate copy/print/scan
machine.

8. Willing and able to maintain confidential
information in accordance with Salvation
Army and industry standards.

7. Current CPR Certificate and First Aide
Certificate preferred.

9. Ability to work harmoniously and
professionally with Officers, supervisors,
coworkers, residents, and the public.

10. High ethics and integrity as per Social
Service Code of ethics.
___________________________________________
Employee Signature
_____________________________________
Print Name
___________________________________________
Date
This position description has been assigned to indicate the general nature and level of work performed by employees in this classification. It is not designated to contain or be interpreted as a comprehensive inventory of all responsibilities and qualifications required of employees assigned to this position. 3/1/2018
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Position Description
Date: 10/1/22Position Title: Outreach Navigator
Salary Grade: 19.00 Division/Department: Southern California/San Bernardino
Employment Classification: Non-exempt Reporting Status: Outreach & Engagement Coordinator
Mission Statement
The Salvation Army, an international movement, is an evangelical part of the universal Christian church. Its message is based on the Bible. Its ministry is motivated by the love of God. Its mission is to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination.

Position Summary
The Outreach Navigator is a housing focused outreach position which conducts outreach and engagement within the San Bernardino County area. The function of Outreach Navigator is to provide mobile, field- based services to individuals experiencing homelessness within San Bernardino County. The primary objective of this position is to support individuals experiencing homelessness in greater self-sufficiency toward permanent housing through engagement, resource referrals and linkage to services, and collaboration with community partners.

Essential Functions

1. Work under the direction of the Outreach and Engagement Coordinator and alongside all other San Bernardino County Salvation Army staff.

2. Engage persons without homes in the San Bernardino area to initiate contact, develop rapport, and assess for service needs.

3. Evaluate immediate needs such as crisis intervention, medical attention, showers, clothing, food, emergency shelter, etc.

4. Evaluate for appropriate triage or linkage to housing, health, employment, education and financial resources to help resolve homelessness and refer to community partners.

5. Work in collaboration with other local outreach teams to schedule collaborative events for provision of whole person care in the field.

6. Collect necessary data for reporting purposes and submit within required Information Management Systems (WellSky, Clarity, ODIN, etc.), maintain data quality and complete submission of reporting as requested.

7. Maintain weekly contact with clients while they are working on initial assessment, linkage, housing readiness and other goals or objectives which are a part of their case plan.

8. Provide formal and informal referral to community resources or other supportive services.

9. Participate in training and meetings as assigned.

10. Perform other administrative and operational functions as requested.

11. Provide transportation to support stabilization efforts as necessary.

12. Maintain vehicles in safe operating condition and keep maintenance logs up to date.

13. Maintain confidentiality and social service code of ethics.

14. Maintain safe and sacred boundaries with program participants and community partners.

15. Perform all other duties as assigned related to your scope of work.

Working Conditions
3/1/2018
20 Packet Pg. 149

While performing the duties of this job, the employee is regularly required to sit; use hands and fingers; handle or feel; reach with hands and arms; talk; and hear. The employee is frequently required to walk, balance, stoop, kneel, and/or crouch. The employee must occasionally lift and/or move up to 15 pounds.

Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and ability to adjust focus. Keyboard data entry required.

Minimum Qualifications Skills, Knowledge & Abilities

1. Relevant degree or certification preferred.

In lieu of Degree, 2 plus years equivalent
work and educational experience
combination required.

2. A minimum of one year of related work
experience with individuals experiencing
homelessness required.

3. A minimum of one year of Case
Management experience required.

4. Experience conducting street outreach,
engagement within homeless facilities and
working with other providers such as
police, churches, hospital hospitals
preferred.

5. Ability to drive and maintain a valid
Class C California Driver’s License,
pass a TSA Driving Test and maintain
a clean MVR required.

1. Knowledge of or experience with mainstream
benefits and services provided within the
County of San Bernardino.

2. Experience working with individuals who are
experiencing homelessness, justice involved
and living with behavioral health diagnosis.

3. Excellent problem-solving skills.

4. Ability to work collaboratively with
others on a team.

5. Uses good time management skills and
resources to balance responsibilities.

6. Experience operating general office
equipment to include computers. Familiarity
with Microsoft Office programs preferred.

7. Ability to email, fax, operate copy/print/scan
machine.

8. Willing and able to maintain confidential
information in accordance with Salvation
Army and industry standards.6. Must be able to pass a complete and satisfactory background check.

7. Current CPR Certificate and First Aide
Certificate preferred.

9. Ability to work harmoniously and
professionally with Officers, supervisors,
coworkers, residents, and the public.

Position Description
Date: 2/15/2023Position Title: Outreach Advocate
Salary Grade: $17.00 Division/Department: Southern California/San Bernardino
Employment Classification: Non-exempt Reporting Status: Outreach & Engagement Coordinator
Mission Statement
The Salvation Army, an international movement, is an evangelical part of the universal Christian church. Its message is based on the Bible. Its ministry is motivated by the love of God. Its mission is to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination.

Position Summary
The Outreach Advocate is a housing focused outreach position which conducts outreach and engagement within the San Bernardino County area. The function of Outreach Advocate is to assist with mobile, field- based services to individuals experiencing homelessness within San Bernardino County. The primary objective of this position is to assist with support of individuals experiencing homelessness in greater self- sufficiency toward permanent housing through engagement, resource referrals and linkage to services, and collaboration with community partners.

Essential Functions

1. Work under the direction of the Outreach and Engagement Coordinator, as a pair team with an assigned Outreach Navigator, alongside all other San Bernardino County Salvation Army staff.

2. Engage persons without homes in the San Bernardino area to initiate contact, develop rapport, and assess for service needs.

3. Evaluate immediate needs such as crisis intervention, medical attention, showers, clothing, food, emergency shelter, etc.

4. Evaluate for appropriate triage or linkage to housing, health, employment, education, and financial resources to help resolve homelessness and refer to community partners.

5. Work in collaboration with other local outreach teams and support collaborative events for provision of whole person care in the field.

6. Collect necessary data for reporting purposes and submit within required Information Management Systems (WellSky, Clarity, ODIN, etc.).

7. Maintain weekly contact with clients while they are working on goals or objectives which are a part of their case plan.

8. Provide peer support to individuals who are unhoused.

9. Provide formal and informal referral to community resources or other supportive services.

10. Participate in training and meetings as assigned.

11. Perform other administrative and operational functions as requested.

12. Provide transportation to support stabilization efforts as necessary.

13. Maintain vehicles in safe operating condition and keep maintenance logs up to date.

14. Maintain confidentiality and social service code of ethics.

15. Maintain safe and sacred boundaries with program participants and community partners.

16. Perform all other duties as assigned related to your scope of work.

Working Conditions
3/1/2018
22 Packet Pg. 151

Specific vision abilities required by this job include close vision, distance vision, peripheral vision, depth perception, and ability to adjust focus. Keyboard data entry required.

Minimum Qualifications Skills, Knowledge & Abilities

1. High School Diploma/GED or equivalent.

2. Relevant education in the medical,
behavioral health, substance abuse, health
and human services, and areas of homeless
service provision preferred.

3. A minimum of two years of related work
experience with individuals experiencing
homelessness or relatable life experience
required.

1. Knowledge of or experience with mainstream
benefits and services provided within the
County of San Bernardino.

2. Experience working with individuals who are
experiencing homelessness, justice involved
and living with behavioral health diagnosis.

3. Excellent problem-solving skills.

4. Ability to work collaboratively with
others on a team.

4. Experience providing case management or
supportive services to individuals in need.

5. Experience conducting street outreach,
engagement within homeless facilities and
working with other providers such as
police, churches, hospital hospitals
preferred.

5. Uses good time management skills and
resources to balance responsibilities.

6. Experience operating general office
equipment to include computers. Familiarity
with Microsoft Office programs preferred.

7. Ability to email, fax, operate copy/print/scan
machine.

6. Ability to drive and maintain a valid
Class C California Driver’s License,
pass a TSA Driving Test and maintain
a clean MVR required.

7. Must be able to pass a complete and
satisfactory background check.

8. Willing and able to maintain confidential
information in accordance with Salvation
Army and industry standards.

9. Ability to work harmoniously and
professionally with Officers, supervisors,
coworkers, residents, and the public.

10. High ethics and integrity as per Social
Service Code of ethics.

8. Current CPR Certificate and First Aide
Certificate preferred.
___________________________________________
Employee Signature
_____________________________________
Print Name
___________________________________________
Date
This position description has been assigned to indicate the general nature and level of work performed by employees in this classification. It is not designated to contain or be interpreted as a comprehensive inventory of all responsibilities and qualifications required of employees assigned to this position. 3/1/2018
23 Packet Pg. 152

FISCAL STABILITY
The Salvation Army’s fiscal stability is demonstrated by the enclosed Audited Financial Statements for Fiscal Year 2021 for the Southern California Division (within which the proposed San Bernardino program operates). Also provided is a letter from the Southern California Division’s Divisional Secretary for Business relative to the City of San Bernardino’s request for either a credit report or letter from a financial institution stating a current line of credit. 24 Packet Pg. 153

25 Packet Pg. 154

EXPERIENCE AND TECHNICAL COMPETENCE
a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

The Salvation Army (TSA) of San Bernardino’s Business Administrator and Director of Programs, with direct support provided by The Salvation Army Southern California Divisional Social Services staff, will collectively ensure all goals, objectives and general functions outlined in the RFP will be fulfilled.

TSA’s relevant experience in San Bernardino is provided as follows:
• In 2018, TSA was awarded HEAP funds through the County of San Bernardino, which were utilized in part to provide Street Outreach, Intensive Case management and Rapid Re-housing services to individuals who were unhoused as well as others who were classified as either homeless or at-risk of homelessness.
• In early 2020, TSA was awarded funding through Dignity Health regionally in San Bernardino to administer Mobile Street Outreach Services through a Homeless Health Initiative Grant. Street outreach services were further supported and strengthened, resulting in service being ongoing to present day.
• Since July 2020, TSA has a dedicated 2-person Mobile Street Outreach team whose provision of services is through a mobile case management vehicle outfitted with technology and space to administer services that meet immediate needs and provide intensive case management to increase self- sufficiency toward long term stability.
• In early 2021, San Bernardino City developed a Multi-Disciplinary Homeless Outreach Collaborative between local service providers (including TSA), waste management, local law enforcement and city representatives.
• In 2023, TSA was awarded funding through a contract with San Bernardino County for a HUD Emergency Solutions Grant for Street Outreach to enhance and continue operations of this program.

TSA has significant experience and is willing to operate as a lead and participating entity in joint efforts to address homelessness issues within the San Bernardino City area. Existing outreach efforts of TSA have continued through a collaborative approach between the City of San Bernardino, San Bernardino City Animal Control, San Bernardino City Police Department, San Bernardino County Sheriff’s HOPE team, Central City Lutheran Mission, Dignity Health, Catholic Charities, and San Bernardino County InnRoads.

These efforts are often conducted jointly with various other private, non-profit, and public entities. Specific experience with collaborative outreach efforts, either coordinated by TSA or by other agencies includes ongoing interagency 26 Packet Pg. 155

referrals for services and client assistance; and participation in Inter Agency meetings (monthly County and regional homelessness meetings), which provide a forum for collaborating agencies to develop strategies and assist clients within the County. TSA in San Bernardino is an active participant in the Continuum of Care (CoC), local HMIS, and the CoC’s Pathways Network, the coordinated intake and referral system, as well as the Connect IE. (ii) Describe the experience of the staff to be assigned to perform the Services in performing similar services.
• Steven Pinckney, Business Administrator – Experienced in overseeing all functions of San Bernardino programs and administration. Supervises all programs and staff. As a function of position, plans, writes, and implements budgets, contracts and grants, as well as monitors all fiscal and business activity. Coordinates community-based partner relationships with local city, county and federal entities, and local advisory board collaboration to foster support, compliance and community involvement for The Salvation Army.
• Naomi Goforth-Kuhlman, Director of Programs – Experienced in overseeing, developing, evaluating and managing Social Service programs, operations and procedures for the following programs: Street Outreach (Dignity Health Mobile Outreach), Emergency Shelter, Transitional Living and Community Meal Programs. As a function of position, supervises operations, oversees outreach, screening, admission, assessment, case planning and ongoing case management of clients in various programs. In collaboration with Business Administrator, assists with planning, writing and implementation of budgets, contracts and grants. Regularly engages in building and strengthening community and partner relationships and provides education on the organization’s programs and developments. As part of the local Homeless Provider network, participates in the development of local policies and procedures, and interdisciplinary meetings or collaborations within the City and County of San Bernardino to support effective service delivery.
• Jose Gonzalez, Assistant Program Manager – Experienced with program oversight and overall program operations of the Hospitality House Emergency Shelter and Transitional Living Programs, Community Meal and Homeless Street Outreach. Supports staff of programs in managing schedules, acquiring supplies and items which programs need to function, and works with local vendors/companies to address property issues which impact program operation and function. Additionally, Assistant Program Manager is responsible for completion of training necessary to step in and fulfill program roles in the absence of staff, or staffing coverage being required.
• Outreach Advocates (3 to be hired) will meet the criteria outlined, including: high school diploma/GED with two years’ experience working with homeless individuals or
27 Packet Pg. 156

relatable life experience; excellent written and verbal communication and interpersonal skills, and proven ability to collaborate with community partners; ability to pass background check; bi-lingual English/Spanish preferred; availability to work evenings, weekends, or on call rapid response ability and provide services to clients at numerous locations within the City of San Bernardino; proficiency in Microsoft Office applications and HMIS (applicants otherwise appropriate for the position but without this experience will receive training from TSA prior to commencement of job responsibilities and direct oversight and assistance for the first three months of employment).
• Outreach Navigators/Case Managers (3 to be hired) will meet the minimal criteria outlined above for Outreach Advocate in addition to Associates Degree or Certificate in related field OR experience equivalent to same level of education, minimum three years work experience of similar capacity and function; current and verifiable training (minimum of entry level) in one of the following areas of expertise-medical, mental health, substance abuse, vulnerable populations, victim services, experience conducting street outreach activity, demonstrated ability to apply harm reduction, motivational interviewing and trauma informed techniques, as well as an in- depth knowledge of the CoC and issues faced by homeless individuals and other marginalized populations in crisis (or will receive intensive training related to these issues from TSA prior to commencement of job responsibilities). Outreach Case Managers will work a flexible schedule, allowing for early morning, early evening, weekend, or on call rapid response hours as appropriate to the outreach activities identified as most appropriate to engage unsheltered homeless and meet program goals and objectives.
• Outreach & Engagement Coordinator (1 in process of being hired) will meet all criteria outlined above in addition to a minimum 3 years in leadership of project of similar size and scope.

For additional information relative to existing staff experience, please see enclosed resumes.
(iii) The Proposer shall state the number of years the firm has conducted business.

Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients.

TSA has been providing outreach services to the unsheltered in San Bernardino City since its establishment in Southern California in 1887; however, focus in this area increased in 2018 due to increased need for services. (iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar service. Include the following information:
contact name, e-mail, phone number, project size and description, if applicable, and description of services.
28 Packet Pg. 157

Reference #1
Dignity Health
Contact 1 of 2: Christian Starks – Director of Community Health [email protected]
(909)881-4345
Contact 2 of 2: Kathleen McDonnell - Director Mission Integration (909)475-5083
[email protected]
• Project Name: Dignity Health Mobile Outreach
• Dates work performed: Contract July 2020-July 2022, with commitment to continue services for 1 year post contractual obligation. • Summary of Scope of Services: Mobile, Housing First, person-centered, strengths-based approach to help persons experiencing homelessness connect with service providers and increase their housing stability. Two staff were hired specific to this program in addition to a Mobile Outreach van purchased and outfit to facilitate program. Program components included outreach/ engagement, assessment, individualized case planning, intensive case management, multiple-disciplinary team meetings, resource and referral, and heavy reliance on leverage of community network to assist the client with finding housing or other more advanced needs. Clients are then periodically re-assessed to gauge progress and identify any changes in their needs until such time as they wish to discontinue services or have successfully improved their self-sufficiency, or ideally housing and long- term stability.
• Project Cost: $107,291
Reference #2
San Bernardino County
Contact: Stephanie Bruce - Community Revitalization Chief (909)645-6645
[email protected]
• Project Name: San Bernardino County ESG Homeless Street Outreach • Dates Performed Work: Under current contract until 08/31/2023 • Summary of Scope of Services: Provision of Street Outreach and Engagement within the County of San Bernardino as per Emergency Solutions Grant funding parameters. Program components include outreach/engagement, assessment, individualized case planning, intensive case management, multiple-disciplinary team meetings, resource and referral, and heavy reliance on leverage of 29 Packet Pg. 158

community network to assist the client with finding housing or other more advanced needs. Clients are periodically re-assessed to gauge progress and identify any changes in their needs until such time as they wish to discontinue services or have successfully improved their self-sufficiency, or ideally housing and long-term stability.

Reference #3
San Bernardino City Council
Contact: Damon Alexander - San Bernardino City Council Member (909)754-1511
[email protected]
San Bernardino City Animal Control
Kristine Watson
(909)384-1304 x1515
[email protected]
• Summary Scope of Work: In early 2021, San Bernardino City developed a Homeless Outreach Collaborative between local service providers, waste management, local law enforcement and city representatives. TSA was a main partner in the collaboration, which was spearheaded by the City. This required multi-disciplinary collaborations. As a result, TSA has continued to be a willing and capable partner with the City’s new administration, Housing and Homelessness team, to engage in Street Outreach activities. (v) Describe the Proposer’s local experience and knowledge of City.

TSA has extensive experience operating programs and services for persons experiencing homelessness in the city of San Bernardino. Its Emergency Shelter and Transitional Living programs have been a regular recipient of HUD Emergency Solutions Grant funding consistently for the past four years through the City of San Bernardino, for eligible Emergency Shelter activities. Street outreach services within the City increased in 2018 with the award of a contract through San Bernardino County for HEAP funds, which included the ability to administer services through Rapid Re-housing to unhoused individuals who qualified and in 2020 with funding through a Dignity Health contract regionally to administer Mobile Street Outreach Services through their Homeless Health Initiative Grant. Concurrently, in 2021, San Bernardino City developed a Homeless Outreach Collaborative between local service providers, waste management, local law enforcement and city representatives. TSA was a main service provider and partner in the collaboration with the collaborative. This partnership required working directly with the City Manager’s office and city representatives in a multi-disciplinary team meeting monthly, to address goals and objectives as well as determine collaborative solutions to address homelessness within the city. Additionally, regular partnership with San Bernardino City Police Department, San Bernardino City Animal Control, and code 30 Packet Pg. 159

enforcement occurred during outreach and engagement to homeless encampments to support individuals engaged with and develop a rapport toward provision of services, referrals, and assistance with resolving homelessness. Specific partnerships between TSA and San Bernardino City based service partnerships which are a part of collaborative and ongoing efforts include the following: Central City Lutheran Mission, Catholic Charities, Community Action Partnership of San Bernardino, Dignity Health-St. Bernardines, Dignity Health-Community Hospital, Restoring Hope, San Bernardino City Unified School District-ATLAS department, Children’s Fund, Arrowhead United Way, Santa Claus Inc., Inland County Legal Solutions, Mary’s Mercy Center, Family Assistance Program, Option House, San Bernardino City Mission, Victory Outreach, Set Free and San Bernardino Community College District. As a result, TSA has continued to be a strong partner with the City’s new administration and Housing and Homelessness team to reach out to homeless individuals and assess their individual needs, address emergency housing needs, gain access to services, make the transition to permanent/independent living and prevent future returns to homelessness (specific goals within the City Consolidated Plan).

This includes responding to San Bernardino City Homeless Services Coordinator and Deputy Director of Housing and Homelessness requests to conduct outreach, respond to CRM reports, and work with collaborative partners the City has suggested to engage with in outreach events or efforts.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project . . .

Please see following three pages for relevant service contracts. 31 Packet Pg. 160

Project Specific Experience #1: San Bernardino City ESG contract for Emergency Shelter (a) Role of the firm: Provide essential needs, low-barrier, housing First and person- centered, Emergency Shelter to families with children and single adult/unaccompanied women.
(b) Dollar value of the services: $87,624
(c) Dollar value of the fee: Newly awarded Contract with initial billing for eligible services pending.
(d) Description of services: Target population for Residential Services include single- unaccompanied adult women, and families with children. The total capacity for combined Hospitality House residential programs is 82 beds (21 rooms), but is often over capacity (95 maximum) due to cribs and family size. The Hospitality House also provides a community meal six evenings a week for those experiencing food insecurity. Program components included assessment, individualized case planning, intensive case management, housing navigation, employment assistance, financial readiness, resource and referral, and heavy reliance on leverage of community network to assist clients with finding housing or other more advanced needs. Clients are periodically re-assessed to gauge progress and identify any changes in their needs until such time as they wish to discontinue services or have successfully improved their self-sufficiency, or ideally obtained housing and long- term stability.
(e) Staffing: 12 staff performed direct services for this project. (f) Duration of providing services: 07/01/2021-06/30/2022 (g) Relationship to client: Emergency Shelter, Case Management, Housing Navigation, Service Navigation, Essential Services
(h) Contact name, position, entity name, telephone number, fax number and e-mail address:

Michael Huntley, Director
City of San Bernardino
(909)384-3329
[email protected]
32 Packet Pg. 161

Project Specific Experience #2: San Bernardino County ESG contract for Street Outreach (a) Role of the firm: Provide essential needs, Housing First and person-centered, engagement, peer support and case management to individuals and families who are unhoused. Additionally, connect with service providers and increase individuals support system, self-sufficiency, and stability, focused toward obtaining and maintaining stable permanent housing.
(b) Dollar value of the services: $112,442
(c) Dollar value of the fee: Newly awarded contract with initial billing for eligible services pending.
(d) Description of services: Program components include outreach/engagement, assessment, individualized case planning, intensive case management, collaborative meetings, resource and referral, and heavy reliance on leverage of community network to assist clients with finding housing or other more advanced needs. Clients are periodically re-assessed to gauge progress and identify any changes in their needs until such time as they wish to discontinue services or have successfully improved their self-sufficiency, or ideally housing and long-term stability.
(e) Staffing: Three staff have allocated focus and provide direct services through this program.
(f) Duration of providing services: 02/01/2023-08/31/2023 (g) Relationship to client: Homeless Outreach, Case Management, Engagement, Service Navigation, Essential Services
(h) Contact name, position, entity name, telephone number, fax number and e-mail address:

Stephanie Bruce, Community Revitalization Operations Chief San Bernardino County Community Revitalization
(909)645-6645
[email protected]
33 Packet Pg. 162

Project Specific Experience #3: Dignity Health Mobile Outreach contract for Street Outreach
(a) Role of the firm: Mobile outreach, Housing First, person-centered, strengths-based approach to help persons experiencing homelessness connect with service providers and increase their housing stability.
(b) Dollar value of the services: $107,291
(c) Dollar value of the fee: $107,291
(d) Description of services: Program components included outreach/engagement, assessment, individualized case planning, intensive case management, multiple- disciplinary team meetings, resource and referral, and heavy reliance on leverage of community network to assist the client with finding housing or other more advanced needs. Clients are then periodically re-assessed to gauge progress and identify any changes in their needs until such time as they wish to discontinue services or have successfully improved their self-sufficiency, or ideally housing and long-term stability. 251 unhoused individuals were engaged within the final contract year, and 100 clients were intensively case managed with 82 obtaining stability in permanent housing over the course of the two-year contract period. (e) Staffing: Two staff were hired specific to this program in addition to a Mobile Outreach van purchased and outfit to facilitate all functions of program. (f) Duration of providing services: Contract July 2020-July 2022, with commitment to continue services for 1 year post contractual obligation. (g) Relationship to client: Homeless Outreach, Case Management, Engagement, Service Navigation, Essential Services
(h) Contact name, position, entity name, telephone number, fax number and e-mail address:

Nicole Wilson, Project Manager, Community Homeless Health Common Spirit/Dignity Health
(323)717-5025
[email protected]
34 Packet Pg. 163

(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional services agreement once selected. N/A
(b)
(c)
(d)
(e)
Withdrawal of a proposal as a result of an error. N/A
Termination or failure to complete a contract. N/A
Debarment by any municipal, county, state, federal or local agency. N/A Involvement in litigation, arbitration or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract. N/A Falsification of information or submission of deceptive or fraudulent statements in connection with a contract. N/A
(f)
(g) Willful disregard for applicable rules, laws or regulations. N/A c. Technical Competence
(i) Description of in-house resources (i.e., computer capabilities, software applications, modem protocol, modeling programs, etc.)
TSA has two existing Homeless Street Outreach personnel with appropriate in- house technological resources already in place. As this program requires additional staffing and resources, the following is proposed to provide appropriate tracking and reporting for the proposed HSO program: purchase of 1 printer/scanner/copier, 3 laptop computers, and stipend funds for mobile phone utilization (internal stipend paid to staff required to utilize their cell phones for work purposes). TSA already is an active user of HMIS and has multiple office spaces available with Internet access for outreach staff to use as needed (though would seek additional City office spaces as well, if available).
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

As the proposed HSO program will require substantial coordination to successfully carry out the scope of work, TSA will rely upon TSA San Bernardino leadership (Corps Officer in charge) as well as other support staff not specifically referenced in this proposal, though identified in the organizational charts. Support for the HSO program will come from the local level at TSA’s San Bernardino operations as well as at the Divisional Headquarters level (administration staff at the headquarters office in Carson, Los Angeles County). This includes the professional services of Divisional directors and support staff in the departments of Social Services, Program, Business, Legal, Property, Human Resources, Fund Development, Information Technology, and other resources. The Salvation Army understands the layers of support necessary from all levels of the organization to effectively operate its social services programs and best meet the needs of the clients served. 35 Packet Pg. 164

PROPOSED METHOD TO ACCOMPLISH THE WORK
Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

The Salvation Army (TSA) is already firmly established as a collaborative partner within the City and County of San Bernardino and has referral relationships in place to make appropriate linkages and referrals for clients assisted through the proposed HSO program. Although it is understood that protocol for filling shelter/navigation center vacancies is still being developed, it is relevant to note that TSA has experience with making case presentations to prioritize services to the most vulnerable households, inclusive of placement in permanent housing as appropriate.

The proposed HSO program will also benefit from existing shelter, community meal, social service assistance (Homeless Prevention, Rapid Re-housing, utility assistance) and food panty programs operated by TSA County-wide through contracts with the County, State, surrounding cities, EFSP local board and other private entities. An additional direct benefit to the HSO program will be from the existing collaborative relationships developed by TSA within the City of San Bernardino and service providers regionally as there is an active ability to link homeless clients to appropriate supportive services. These existing and increasing connections to community and access to services in our clients’ journey to increased self-sufficiency, permanent housing and long-term stability is of paramount importance.

TSA will model the proposed Homeless Street Outreach program on its successful Dignity Health Mobile Street outreach program, which was in operation in San Bernardino through a contract with Dignity Health from 2020-2022. Additionally, TSA will utilize a secondary model, “A Way Back Home” reunification program. A Way Back Home found great success when implemented in San Diego County through collaboration between TSA, the local region of providers, and the worldwide network of TSA officers and personnel. Additionally, TSA currently holds contracts with the County of San Bernardino Continuum of Care and is familiar with and currently operates using the CoC’s Written Standards for homeless services delivery, to include HSO. These standards for service delivery will be incorporated into the proposed HSO program.

The proposed HSO Program will utilize the existing TSA management structure within San Bernardino County, which currently includes the Business Administrator, Director of Programs, Assistant Program Manager, and a two-person street outreach team consisting of the Outreach & Engagement Coordinator and Outreach Navigator (positions in the process of being filled). This program will be strengthened considerably and able to operate in an increased capacity to deliver program elements outlined in the scope of work by adding five new members to its team (two additional Outreach Navigators and three Outreach Advocates), making the total number of dedicated HSO personnel ten (10). This program will operate out of TSA’s existing facilities in San Bernardino (including Hospitality House on 10 th Street, Path to Prosperity on Spruce Street, 36 Packet Pg. 165

as well as a storage facility where the program’s supplies will be located. The program will operate under the direction of TSA San Bernardino’s Business Administrator, with programmatic supervision by the Director of Programs and additional support from the Assistant Program Manager.

Through initial and ongoing training, professional development, and continuing education activities overseen by the Director of Programs along with the Outreach & Engagement Coordinator, TSA will ensure that the proposed HSO team maintains knowledge of the San Bernardino area, including City policies related to the provision of services for the homeless and of general principles and practices related to street outreach, counseling, case management and intervention, housing, health/mental health, substance use disorder assessments, interventions, and programs and services. Existing and ongoing collaborative efforts and coordinative activities will additionally ensure that the HSO team remains current and knowledgeable about local housing and social services programs, public benefits, community resources, referrals, and service linkages.

The proposed program will operate out of existing Salvation Army facilities, with office space available for the HSO team to meet for weekly case conferencing, as well as space to facilitate MDT meetings among collaborative partners and City staff. If additional office/meeting spaces were to be available from the City, TSA would seek to use those spaces as well, as needed.

Additionally, TSA proposes the purchase of two vans for necessary transportation to be conducted by the HSO team.

Primary components of the proposed program, consistent with the Scope of Services outlined in the City Request for Proposal, particularly Exhibit A, will be conducted as follows by the HSO Program team consisting of 1 Director of Programs, 1 Outreach and Engagement Coordinator, 3 Outreach Navigators and 3 Outreach Advocates:

1. Outreach and Engagement- HSO team will conduct outreach to individuals and families who are homeless within the City of San Bernardino, including in the urban core, suburban areas, service venues, encampments, structures, and other locations, targeting services to those identified as most in need. Initial outreach efforts may involve provision of essential items, including drinks, food items, comfort items (e.g. clean socks, hygiene kits) and DMV or Birth Certificate vouchers to obtain identification, as a means to initially engage homeless persons. HSO team will utilize multiple strategies, including motivational interviewing, trauma-informed care and housing first principles (already integral to existing Salvation Army outreach, homeless, and shelter services within San Bernardino), to develop client-centered relationships and build the trust needed to assist persons in self- sufficiency and toward resolution of homelessness, with access to housing and services.

2. Rapid-Response - TSA recognizes the need to provide outreach services to unsheltered homeless during non-traditional hours and in a Rapid-Response format. Although it can be difficult to make linkages with needed services, often operating only during normal business hours, the initial engagement of unsheltered homeless persons during times of crisis or extreme need, allow for ongoing development of a trusted relationship, increased receptivity to assistance with service and housing needs, and increased ability to meet basic human needs. Current outreach efforts by TSA in San Bernardino includes outreach during 37 Packet Pg. 166

nontraditional hours and often in collaboration with other local agencies. The Outreach Navigators and Outreach Advocates hired for the proposed program will be willing and able to work non-traditional hours and provide Rapid-Response as required to best meet client needs and the outreach goals established by the City of San Bernardino.

Implementation: HSO will establish and utilize a central phone number and central e-mail to receive referrals from a myriad of sources, including (but not limited to) medical providers, law enforcement, other providers, and the community at large. The process for making rapid response inquiries and follow-up by HSO team, will be communicated to community agencies, medical providers, law enforcement, stakeholders, education systems, city entities, and community members.

Responses will occur within 24 hours, Monday through Friday. Phone and e-mail messages will be monitored Monday–Friday with all inquiries responded to in person within 24 hours Monday-Friday during standard business hours, and the inquiring party informed of the status within 72 hours. Additionally, the program will include the following components:
• Deployment of HSO staff to locations of inquiries – Reasonable efforts will be made to contact and engage unsheltered, homeless individuals or households referred.
• If contact Is made and client is unwilling, TSA will provide outreach and engagement activities as allowable by the client and within scope of services. • Emphasis is placed on immediate connection to services such as emergency shelter residential setting, navigation center, medical facility, detox/residential treatment, or crisis stabilization services.
• The HSO program will develop a system for documenting all rapid-response inquiries and responses, and complete any referrals for service that arise out of emergency response in a timely manner.

3. Intensive Case Management - HSO team will conduct intake and assessment interviews with homeless individuals, entering information into HMIS (Clarity, ODIN, Wellsky, etc.) inclusive of Self-Sufficiency Matrix and VI-SPDAT scores. Intake and assessment information will be utilized to prioritize high need individuals/families, make a master list of homeless individuals within San Bernardino City and to make appropriate referrals to housing and social services providers. The HSO team will provide ongoing case management focused on moving clients forward in self-sufficiency, toward resolution of homelessness, either into permanent housing when possible or upon initial or ongoing engagement into the shelters or navigation center through developed protocol. As client- centered relationships are developed with homeless individuals/families, it is the hope that the depth of Intensive Case Management increases and services connected and referred to will address underlying reasons for homelessness such as substance abuse, trauma, mental health or other things which led to the person being unsheltered within the City of San Bernardino.

Concurrently, HSO team will assist participants in development, implementation and revision of individualized short- and long-term case plans, consistently monitor client 38 Packet Pg. 167

progress toward goals, assist with making linkages to needed services (health and behavioral health, legal, benefits, etc.), and advocate for and support individuals through the process of having basic needs met, increasing self-sufficiency, securing housing, benefits, and social services. TSA in San Bernardino is an active participant in the CoC, local HMIS, and the CoC’s Pathways to Home, the coordinated intake and referral system.

TSA staff will always maintain a high level of ethical conduct, following long-established TSA protocols related to client privacy and confidentiality, dual relationships, and professional stature, and will maintain documentation and records in accordance with applicable standards and regulations and grant requirements. HMIS (Clarity, Odin), with additional input into TSA’s system, Wellsky) will be the system of record for the proposed program, and TSA will monitor participant progress toward established goals, both individually and for purposes of program tracking and outcome measurement. Supervision of the HSO team will be provided jointly by TSA’s Program Director, with collaborative feedback and guidance from San Bernardino City Housing and Homelessness Staff.

It is anticipated that the Director of Programs will provide ongoing and direct oversight of the HSO Team, with the assistance of TSA Outreach & Engagement Coordinator to involve coordination of ongoing staff training and professional development activities, weekly team case conferencing (discussions of individual client issues and overall program goals and objectives), and ongoing assistance to each HSO with client issues as needed.

TSA will work with the City in developing appropriate outcomes for the proposed program, anticipated to reflect success in engaging unsheltered clients, moving homeless clients into the shelter/navigation center, and/or moving homeless clients into permanent housing, reunifying with support systems or other long term stabilizing solutions.

4. Multiple Disciplinary Team (MDT) Meetings - The HSO team will work as part of the multi-disciplinary team in collaboration with the City of San Bernardino inclusive of other City outreach workers and community partners. As part of this effort, the HSO team and TSA Director of Programs, along with Outreach & Engagement Coordinator, will establish and/or maintain relationships (many of these relationships are already in place due to existing work by TSA in San Bernardino City and County) with City and County staff, law enforcement, housing providers, health and human services organizations, business owners, and residents to provide community education about homelessness and respond to specific community concerns related to homeless individuals. The HSO team will participate in CES and other program-related coalitions, meetings and partnerships; meet regularly with the City Housing Department staff and MDT to exchange pertinent information, provide ongoing updates and address client issues of concern as needed; and provide accurate, complete, and timely data and regular progress reports to the City of San Bernardino.

5. Additional Services: A Way Back Home: As an enhancement to the HSO program, TSA proposes to add reunification services for clients who are assessed as eligible for reunification with family or support system outside of San Bernardino City and County.

This would involve Intensive case management from the Outreach Navigators with specific focus toward reunification services. A client must have a receiving relative(s) or support 39 Packet Pg. 168

person(s) who are willing to accommodate and support the client in their transition back into the community they are relocating to for reunification. Additionally, due to the worldwide network and established service locations that TSA has in place, the Outreach Navigator would be responsible for also connecting the party willing to accept the reunified client to local services in the area the client will transition to for support.

Once the client is assessed as eligible for reunification, their family or support system is identified, and contact is initiated with local Salvation Army in the identified reunification city, transportation plans and arrangements would be made for the individual to have access to communication through their journey, and account for their immediate and basic needs while in transition. Transportation (bus, airfare) and other assistance (e.g., food and other essential items) are anticipated per individual to average $800.

First Year Schedule of Tasks
Should the City select TSA as the approved bidder for the HSO program, upon formal written notification from the City and commencement of the contract agreement process, TSA is prepared to finalize the hiring of all additional staff, purchase the approved budgeted items, and take all other necessary steps to ensure the HSO program is ready to begin services as of the City’s estab- lished start date of April 17, 2023. Actions to be taken toward that objective will include:
• By April 1, 2023: Hire five additional staff to support HSO program with the ability to implement program by April 17, 2023. This will include 2 Outreach Navigators/Case Man- agers and 3 Outreach/Peer Advocates in addition to existing Business Administrator, Di- rector of Programs, Outreach & Engagement Coordinator and 1 Outreach Navigator/Case Manager.
• Schedule initial Multi-Disciplinary Team meeting with community collaborative partners and service providers within 30 days of program implementation; and set calendar dates for the first year MDT team meetings in collaboration with meeting participants for the first year of program operations.
• By April 17, 2023, establish central referral process (e-mail and phone) and communicate to community members, individuals experiencing homelessness and services providers the process for which Rapid-Response requests and referrals can be submitted. • Street Outreach and Engagement - Intensive Case Management provided to a minimum of 15-20 active cases at a given time per Outreach Navigator/Case Manager, with shared re- sponsibility by Outreach Advocate to enhance service delivery capability and support of individuals within case load. Case load expected to reach minimum required active cases by June 17th, 2023.
40 Packet Pg. 169

• To provide appropriate access, tracking and reporting for the proposed HSO program, TSA will purchase three laptop computers, one printer, two vans, and necessary program and office supplies in advance of April 17, 2023.

Methodology: TSA is committed to and experienced in the principles and operational philosophy associated with Housing First and with utilization of evidence-based practices through various programs within Southern California, including street outreach, rapid rehousing, homeless prevention, street outreach, emergency shelter, transitional living housing programs within San Bernardino County and these core practices will be incorporated into the proposed HSO:
• Low Barrier: The proposed HSO will be easily accessible to all, including people with no income or income history and those with active substance abuse or mental health issues, following a high tolerance/harm reduction model. Although the program will be housing focused, program staff will utilize multiple strategies, including motivational interviewing and other long term engagement strategies, to ensure that clients with significant barriers to housing and/or reluctance to access assistance are assisted whenever possible.
• Housing Focused: TSA staff will work with collaborative partners, service providers and clients to quickly identify and resolve barriers to obtaining and maintaining housing. Although outreach services are designed to address the housing crisis before focusing on other non-housing related needs, the intent is to address immediate and emergent needs as a triaging gateway to supporting clients in areas which would lead toward increased self-sufficiency and long-term stability, ideally in stable long-term housing.
• Client Centered: TSA will employ an individual, client centered approach, wherein the client determines the goals and course of action included in the individual case plan.

The focus will be on building strong and trustful relationships that respect the current circumstances of each client and are culturally and linguistically sensitive. We will seek to employe additional staff bilingual in English and Spanish or other predominant languages within the region. Already in place is the technical capacity to utilize translation equipment that is already utilized and in place for use at currently exiting TSA programs locally.
• Trauma Informed: TSA is well versed in the principles of trauma informed care and its importance in relating to and providing assistance to homeless clients. Staff of the existing community meal, rapid re-housing, homeless prevention, street outreach, emergency shelter, transitional housing for homeless, justice involved persons, victims of crime, and vulnerable populations programs operated by TSA in San Bernardino receive ongoing training to ensure that services are provided in a trauma informed manner. As a component of a client centered approach, HSO staff will be trained in and will utilize this evidence-based approach to address barriers to housing, stability and self-sufficiency that may result from past and/or present trauma. • Community Based: Through the individualized service, self-sufficiency and/housing plan developed for each client, TSA will identify appropriate support and services available in the community to foster growth in self-sufficiency, long-term housing stability and actively work with clients in accessing these services as appropriate (referrals, warm hand-offs, follow-up, etc.). TSA has a long history of service provision 41 Packet Pg. 170

in the San Bernardino region and has well-established connections with other service providers that will facilitate this community-based approach. • Individualized and Need Based: The provision of assistance and supportive services, including type, duration and amount, will be based on an individual service and/or housing plan developed in conjunction with the client and reflective of needs identified in the VI-SPDAT and subsequent assessments by TSA staff. These assessments will identify strengths and existing support systems for the client, as well as stabilization needs. The resulting plan will reflect a “stepped” approach to service provision, with the minimum amount of assistance provided initially at point of engagement and more assistance added over time as needed (based on ongoing assessment through the case management process). These core practices are written into existing TSA policies, procedures, and case management guidelines, and will be reinforced through initial and ongoing training of all staff for the proposed program. 42 Packet Pg. 171

City of San Bernardino – Request for Proposals (RFP) for Homeless Street Outreach The Salvation Army Homeless Street Outreach (HSO) Program

FEE PROPOSAL
For a not-to-exceed fee of $1,500,000, The Salvation Army shall provide the City of San Bernardino with the proposed scope of services for Homeless Street Outreach described in Exhibit A and other sections of this proposal. Itemized costs associated with the proposed scope of work, to be provided for three years (thirty-six months) from April 17, 2023, to April 16, 2026, are as follows:

Staffing
•
•
•
•
•
•
Business Administrator: 1 FTE, 10% program allocation (4 hours per week) Annual salary $63,356/yr + payroll/benefits of $24,411 annually x 3 yrs = $263,301 x 10% of time = $26,330
Director of Programs: 1 FTE, 12.5% program allocation (5 hours per week) Annual salary $62,759/yr + payroll/benefits of $24,260 annually x 3 yrs = $261,056 x 12.5% of time = $32,632
Assistant Director of Programs: 1 FTE, 12.5% program allocation (5 hours per week) Hourly rate $25.00/hr ($52,000 annually) + payroll/benefits of $21,532 annually x 3 yrs = $220,597 x 12.5% of time = $27,575
Outreach & Engagement Coordinator: 1 FTE, 75% program allocation (30 hours per week) Hourly rate $21.00/hr ($43,680 annually) + payroll/benefits of $19,424 annually x 3 yrs = $189,311 x 75% of time = $141,983
Outreach Navigators: 3 FTE, 75% program allocation (30 hours per week) Hourly rate $19.00/hr ($39,520 annually) + payroll/benefits of $18,369 annually x 3 yrs = $521,002 x 75% of time = $390,752
Outreach Advocates: 3 FTE, 75% program allocation (30 hours per week) Hourly rate: $17.00/hr ($35,360 annually) + payroll/benefits of $17,315 annually x 3 yrs = $474,072 x 75% of time = $355,554
Staffing subtotal: $974,826
Other Expenses
•
•
•
•
•
•
•
•
•
•
Toyota Sienna Vans - (2) at $35,680 each = $71,360
Vehicle expenses – fuel, maintenance = $36,000
Essential client items/direct assistance (food, hygiene kits, blankets, clothing, other) = $128,924 3 new laptops and accessories = $4,176
Printer and printer/copier service contract = $7,500
Mobile phone stipends for 7 outreach staff = $9,450
Staff training = $5,000
Program supplies (Staff PPE and safety attire, promotional materials) = $20,000 Office supplies (paper, pens, folders, misc) = $20,000
Additional work consisting of “A Way Back Home” reunification assistance: $800 per client per month x 36 months = $86,400
Other Expenses subtotal: $388,810
Subtotal – Staffing and Other Expenses: $1,363,636
Indirect Costs (10%) = $136,364
TOTAL NOT-TO-EXCEED FEE: $1,500,000
(Note: Does not include all expenses and revenue associated with the proposed HSO program.) 43 Packet Pg. 172

INSURANCE
Relative to insurance requirements as specified in the City of San Bernardino’s Request for Proposals for Homeless Street Outreach (HSO) – specifically, Exhibit B – enclosed is The Salvation Army’s Certificate of Insurance evidencing coverage, including additional remarks as well as certificates of self-insurance for workers’ compensation and automobile liability. If selected as the approved bidder for the City’s HSO program, The Salvation Army will furnish a Certificate of Insurance to the City with the required endorsements. 44 Packet Pg. 173

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Mayor and City CouncilDecember 18, 2024

Mayor and City Council
December 18, 2024