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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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