CITY OF SAN BERNARDINO
REQUEST FOR QUALIFICATIONS
RFQUAL F-25-6005
PROPOSITION 47 GRANT PROGRAM SERVICES
Published:
June 3, 2025
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2 NOTICE INVITING VENDOR QUALIFICATIONS ........................................................... 4
1. INTRODUCTION ...................................................................................................... 6
2. BACKGROUND AND DESCRIPTION ..................................................................... 7
3. STATEMENT OF QUALIFICATIONS REQUIREMENTS ......................................... 8 i. Contact Information ........................................................................................ 8 ii. Content of SOQ.............................................................................................. 9 iii. Background and Experience .......................................................................... 9 iv. Fee Schedule ................................................................................................. 9 v. Exceptions Certification ................................................................................ 10 vi. Review and Selection Process ..................................................................... 10 vii. Date, Time, and Place of Submission .......................................................... 11
4. EVALUATION AND AWARD OF CONTRACT ....................................................... 11 i. Evaluation Criteria ........................................................................................ 11 ii. Oral Presentations/Interviews ...................................................................... 12
5. GENERAL PROVISIONS ....................................................................................... 13 i. Addenda ....................................................................................................... 13 ii. Alternative Responses ................................................................................. 13 iii. Withdrawal of Response .............................................................................. 13 iv. Reservations ................................................................................................ 13 v. Standard Contract ........................................................................................ 13 vi. Conflict Of Interest ....................................................................................... 14 vii. Non-Discrimination ....................................................................................... 14
viii. Protest .......................................................................................................... 14 ix. Confidentiality of SOQ .................................................................................. 14 x. Prevailing Wage Requirements .................................................................... 15 EXHIBIT A ..................................................................................................................... 16 EXHIBIT B ..................................................................................................................... 21 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ...................................... 40 REQUIRED BID SUBMITTALS CHECKLIST ................................................................ 41
NOTICE INVITING VENDOR QUALIFICATIONS
PROJECT NO. RFQUAL F-25-6004
PROPOSITION 47 GRANT PROGRAM SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that qualifications will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”) before 3:00 PM, June 22, 2025. Qualifications may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Qualifications received through any means other than PlanetBids, will be returned to the Vendor unopened.
The City of San Bernardino is issuing this Request for Qualifications (RFQUAL) to identify and pre-qualify community-based organizations (CBOs) with proven experience in delivering mental health or substance use disorder treatment services. Qualified organizations will be considered for subcontracting opportunities under the City's forthcoming application to the Proposition 47 Grant Program (Cohort 5), administered by the Board of State and Community Corrections (BSCC).
The City is seeking professional services to design, implement, and evaluate a comprehensive, evidence-based mental health and substance use treatment program. The program aims to reduce the address recidivism in relation to individuals experiencing challenges with mental health or substance use without contributing to mass incarceration. It will focus on identifying, engaging, and serving high -risk individuals through tailored interventions, including case management, conflict mediation, workforce readiness training, and reentry support.
Services will be delivered over a three-year period from January 1, 2026, to December 31, 2028.
Selected subcontractor will receive $ 1,500,000 to deliver key program components such as outreach, case management, trauma -informed services, and workforce development.
Subcontractors will also be required to report outcomes and actively participate in coordination and evaluation efforts as part of the Proposition 47 Grant Program funding requirements.
The award of contracts under this RFQUAL is contingent upon the availability of sufficient budget to support the proposed services. The City of San Bernardino reserves the right to reject any or all Statements of Qualifications if deemed not in the best in terest of the City. Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categorie s at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.
Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.
In addition, a copy of the prevailing rate of per diem wages will be made available at the City Manager's Office upon request. The successful respondent shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Respondent to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contracto rs and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid Statement of Qualifications, or enter into a contract to perform public work must be registered with the Department of Industrial
Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the respondent and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this Statement of Qualifications may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Interested respondents may download copies of the Request for Qualifications (“ RFQUAL”) by visiting the City’s website, www.sbcity.org. All addenda will be published on the City’s website.
For more information regarding the RFQUAL, please contact:
The Project Manager for the City regarding this request will be Jennifer Broadnax, Procurement Contract Specialist, Finance Department, Purchasing Division, (909)384-7272, Ext. 3241, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.
[END OF NOTICE INVITING VENDOR QUALIFICATIONS]
REQUEST FOR QUALIFICATIONS
FOR
PROPOSITION 47 GRANT PROGRAM SERVICES
1. INTRODUCTION
The City of San Bernardino (“City”) is seeking qualifications from community-based organizations (CBOs) (“Firm”) for professional PROPOSITION 47 GRANT PROGRAM SERVICES (“Services”) to be provided. The Services sought under this Request for Qualifications (“RFQUAL”) are set forth in more detail in Exhibit “A” attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit A, the final scope of Services negotiated between City and the successful Firm shall be set forth in the “Professional Services Agreement ” (“Agreement”) executed by and between City and the successful Firm. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.
This RFQUAL describes the Project, the required scope of Services, the consultant selection process, and the minimum information that must be included in the S tatement of Qualifications (“SOQ”). This RFQUAL will request each Firm to concisely state its qualifications and its concept for how the Firm and City will develop a construct ive and effective partnership.
The City is seeking a One-Million Five Hundred Thousand dollars ($1,500,000.00), three (3) calendar year agreement. The term of the agreement will be from January 1, 2026, to December 31, 2028, unless earlier terminated. The City reserves the right to review the successful Firm’s performance at the end of each year and cancel all or part of the agreement. With this funding, the Firm may only provide services to residents of the City of San Bernardino and must meet all of the following requirements both at the time of application and throughout the duration of the grant term, if awarded:
• Be duly organized, in existence, and in good standing* for at least twelve (12) months prior to the Statement of Qualifications submission deadline of August 18, 2025;
• Be recognized by the Internal Revenue Service as a 501(c)(3) nonprofit organization;
• Be registered with the California Secretary of State as a nonprofit organization, if applicable;
• Be registered with the California Attorney General’s Registry of Charitable Trusts, if applicable;
• Possess a valid Employer Identification Number (EIN); • Hold a valid business license;
• Have not filed for bankruptcy within the past seven years;
• Possess any other state or local licenses or certifications required to provide the proposed services (e.g., facility licensing from the Department of Health Care Services), if applicable; and
• Maintain a physical address in California (P.O. Boxes are not accepted).
2. BACKGROUND AND DESCRIPTION
The City is a charter law city located in San Bernardino County, California.
The City is in need of Services for the following Project:
The City of San Bernardino, in collaboration with the Proposition 47 Grant Program, Cohort 5 , seeks qualified organizations to implement a comprehensive, multi -year strategy to support Mental Health Services, Substance Use Disorder Treatment and Diversion Programs for People in the Criminal Justice System.
This project will focus on stabilizing individuals through mental health and substance use disorder treatment opportunities while diverting them from the criminal justice system The project will prioritize:
• Mental health services
• Substance use disorder treatment services
• Diversion Programs
• Individualized case management for wraparound support • Supplemental housing -related services and other community -based supportive services (e.g. job skill training, etc.)
• Robust data collection, evaluation, and continuous performance improvement Program requirements
All funded services must align with the BSCC Proposition 47 Cohort 5 guidelines, including:
• The use of evidence-informed practices.
• Development and implementation aligned with a clear logic model. • Prioritization of equity and culturally appropriate strategies. • A strong commitment to meaningful performance measurement and continuous quality improvement.
Applicants are strongly encouraged to review the BSCC Proposition 47 Grant Program Requirements for Cohort 5 prior to submission
Preferred Organizational Qualifications
The City is seeking organizations that demonstrate the following qualifications:
• A minimum of two (2) years of experience implementing established supplemental housing-related services and other community-based supportive services (e.g. job skill training, mental health services, substance use disorder treatment, case management etc.)
• Capacity to maintain a caseload of at least 25 high -risk individuals and 50 youth annually.
• A staffing model that includes outreach workers with lived experience, clinical support staff, and program coordinators.
• The organizational capacity to meet monthly and quarterly reporting requirements in a timely and accurate manner.
One (1) community-based subcontractors will be awarded $1,000,000 to deliver essential components of the intervention model, including a variation of mental health or substance use disorder treatment accompanied by a form of case management and support services. The City will oversee monthly service planning and data review meetings to ensure accountability, promote service integration, and track measurable progress.
Additionally, an external evaluator will work collaboratively with the City and subcontractors to assess program effectiveness and support continuous quality improvement efforts. Program success will be measured by treatment completions and reduction in recidivism , as well as improvements in community trust, individual life outcomes, and neighborhood safety. Additional indicators of success will include increased participant engagement and retention, improved employment and educational outcomes among participants, greater access to mental health and substance use disorder treatment services. Together, these measures will provide a comprehensive view of the program’s impact on individuals and community well-being.
The City invites experienced community-based organizations and collaborative teams to submit qualifications demonstrating their ability to lead, implement, and expand this vital initiative.
3. STATEMENT OF QUALIFICATIONS REQUIREMENTS
Each SOQ shall include the information described in this section. Additional information may be provided but should be brief and relevant to the goals of this RFQUAL. The maximum length of the SOQ is 10 pages and should be printed on 8 ½ X 11-inch paper, with standard size font. The SOQ should be submitted in PDF format. i. Contact Information
a. Name of the Firm.
b. Firm contact information including e-mail address.
c. Name, title, contact information for person authorized to contractually obligate the Firm.
ii. Content of SOQ
a. A brief statement of the Firm’s understanding of the scope of Services. b. Length of time the Firm has been in business.
c. Any other information the Firm feels is appropriate in response to this RFQUAL.
d. The signature of the person called out in Item 1 .c above who is authorized to make offers of this nature in the name of the Firm submitting the SOQ. iii. Background and Experience
a. Describe the Firm’s background, business expertise/experiences, specialties, and capabilities to perform the scope of services described in this RFQUAL. Provide the name(s) of the key personnel who would be assigned to work on the Project and a summary of their education and experience to demonstrate their qualifications.
b. Describe any prior engagements in which the Firm assisted a public agency in services similar to those described in this RFQUAL. The City may request references prior to award.
c. Describe any characteristics of the Firm that would be uniquely relevant in evaluating the experience of the Firm to handle the proposed Project. d. As the City may need Services immediately upon the selection of a consultant, please describe how the Firm intends to prepare for and undertake the needed tasks. Explain any reasons that would prevent the Firm from undertaking this Project in short order. Provide information regarding the Firm’s current staffing, current workload, and availability to perform the Services.
iv. Fee Schedule
a. Provide a complete time and materials fee schedule for the S ervices provided by the Firm, including hourly rates for all proposed staff. Please include all costs that are typically billed separately as direct expenses (e.g. copy or document delivery fees). Prices provided by Firms in response to this RFQUAL are valid for 120 days from the SOQ due date. The City
intends to award the contract within this time but may request an extension from the Firms to hold pricing, until negotiations are complete, and the contract is awarded.
v. Exceptions Certification
a. In submitting a SOQ in response to this RFQUAL, the Firm is certifying that it takes no exceptions to this RFQUAL including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the SOQ and may be reason for rejection of the SOQ. As such, each Firm is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. vi. Review and Selection Process
The responses to the RFQUAL will be reviewed by a selection committee likely to be comprised of City staff and third-party participants. Following review of the responses, the committee may elect to interview some or all of the respondents.
The tentative schedule is as follows:
ACTION DATE
Release of Request for Qualifications June 3, 2025
Last Day to Submit Questions for
Clarification received by the City before
3:00 PM
June 10, 2025
Clarifications Issued by City by the end of
the day
June 17, 2025
Deadline for Receipt of Statement of
Qualifications Statements of
Qualifications (SOQs) submitted before
3:00 PM
June 22, 2025
Evaluations of Statement of Qualifications
(SOQs) Completed
July 2025
Vendor Selections (Notification of
Qualified Firms)
July 2025
Notification of Intent to Award July 2025
City Council Approval of Award September 2025
Execution of Agreement September 2025
The above scheduled dates are tentative, and the City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFQUAL at any time. vii. Date, Time, and Place of Submission
SOQs must be received via PlanetBids.com before 3:00 PM on June 22, 2025.
Submission of SOQs by facsimile or e -mail is not acceptable. LATE SUBMISSIONS WILL NOT BE ACCEPTED.
Modifications of SOQs received after the deadline specified in this section will not be considered.
4. EVALUATION AND AWARD OF CONTRACT
i. Evaluation Criteria
Evaluation of RFQUAL’s will be based on the competitive selection process, in which the evaluation of RFQUAL’s will not be limited to price alone. Technical merits and evaluation of how well the Firm understands the Project will be taken into consideration.
The following criteria will be considered in evaluating each SOQ:
1. Qualification, experience and technical competence of the Firm;
2. Qualification, experience and technical competence of key Firm personnel who will be responsible for overseeing and performing the work requested in the RFQUAL;
3. Familiarity with the type of issues, sensitivities, and challenges associated with the engagement;
4. Demonstrated ability to perform tasks timely and efficiently and to immediately undertake the Project;
5. Quality of written work; and
6. Exceptions, if any, taken to the RFQUAL including, without limitation, the Agreement.
7. Cost of requested Services and willingness to work with City to minimize costs.
8. Experience with High -Risk Populations – Demonstrated success in engaging and supporting individuals with a criminal history, including those who are formerly incarcerated, experiencing challenges with mental health or substance use disorder or are unhoused.
9. Cultural Competency & Trauma -Informed Care – Proven ability to implement culturally responsive and trauma -informed practices that are tailored to the lived experiences of the target populations.
10. Data Collection & Reporting Capacity – Demonstrated experience utilizing data management systems (e.g., HMIS or equivalent platforms) and the ability to collect, track, and report outcome metrics required by BSCC Proposition 47 guidelines.
11. Evaluation Readiness – Commitment to participating in process and outcome evaluations, including timely data sharing, administration of staff surveys, collection of client feedback, and active coordination with external evaluators.
12. Case Management System – A robust and structured system for needs assessment, individualized service planning, progress tracking, and outcome documentation for program participants.
13. Community Trust & Partnerships – Evidence of established and trusted relationships within the community, particularly with key referral partners such as hospitals, schools, law enforcement, and social service agencies.
14. Staffing & Organizational Stability – Demonstrated staff qualifications, ongoing training protocols, strong management infrastructure, and low staff turnover rates to support program delivery in high-risk environments.
15. Budget & Cost Effectiveness – A clear, realistic, and performance -aligned budget directly tied to program activities, demonstrating efficient use of resources and flexibility to adjust based on client needs and performance outcomes.
16. Innovation and Adaptability (Bonus Criterion) - Demonstrated ability to innovate service delivery models, adapt strategies based on community needs and emerging best practices, and integrate new approaches that enhance violence prevention outcomes.
ii. Oral Presentations/Interviews
The top 5 most qualified firms as evidenced by SOQ may be invited for an oral interview/presentation.
5. GENERAL PROVISIONS
i. Addenda
The City may modify this RFQUAL prior to the date fixed for SOQ submission by issuance of an addendum. All addenda shall be posted to www.PlanetBids.com. It shall be each Firm’s sole responsibility to ensure that they have received and/or reviewed all addenda prior to submission of their SOQ.
ii. Alternative Responses
Only one final SOQ is to be submitted by each Firm in response to this RFQUAL. Multiple SOQs will result in rejection of all SOQs submitted by the Firm. iii. Withdrawal of Response
The Firm may withdraw its SOQ in response to this RFQUAL by doing so at www.PlanetBids.com prior to the time and date specified for submission to the City at the web address listed above.
SOQs may be withdrawn and resubmitted in the same manner if done so before the SOQ submission deadline. Withdrawal or modification offered in any other manner will not be considered.
iv. Reservations
The City reserves the right to cancel this RFQUAL at any time prior to contract award without obligation in any manner for any Firm’s SOQ preparation, interview, fee negotiation or other marketing costs associated with this RFQUAL.
The City may reject any or all SOQs and may waive any immaterial deviation in a SOQ.
The City’s waiver of an immaterial defect shall in no way modify the RFQUAL or excuse the Firm from compliance with the other provisions of this RFQUAL.
The City reserves the right to contract for the Services in the manner that most benefits the City including awarding more than one contract if desired.
All costs incurred in the preparation of the SOQ, in the submissions of additional information and/or in any other aspect of a SOQ prior to the award of a written contract will be borne by the Firm.
All SOQs submitted to the City in response to this RFQUAL shall become the property of the City.
v. Standard Contract
Prior to the performance of any Services, the City and the selected Firm shall enter into a written contract using the attached Agreement. If the Firm fails or refuses to enter into a written contract, the City may, in its sole discretion, proceed to enter into a written contract with the next highest ranked Firm(s) or may reject all SOQs and determine whether it is in the City’s best interests to reissue the RFQUAL. vi. Conflict Of Interest
As a City consultant, the Firm or its key personnel for this Project may be subject to the conflict of interest provisions of the Political Reform Act, Government Code section 1090, and other conflict of interest and public ethics laws.
vii. Non-Discrimination
The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. viii. Protest
Should any Firm protest the award to the Firm offering the most advantageous Statement of Qualifications after consideration of all Evaluation Criteria, such protest must be made in writing to the Purchasing Agent. All protests must be filed and will be adjudicated in compliance with the City Municipal Code Section “I-2-3.19 –Bid Protest”. ix. Confidentiality of SOQ
Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, SOQs submitted in response to this RFQUAL shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Firm have completed negotiations and entered into an Agreement or City has rejected all SOQs. All correspondence with the City including responses to this RFQUAL will become the exclusive property of the City and will become public records under the California Public Records Act. Furthermore, the City will have no liability to the Firm or other party as a result of any public disclosure of any SOQ or the Agreement.
If a Firm desires to exclude a portion of its SOQ from disclosure under the California Public Records Act, the Firm must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factu al basis for claiming the exemption – failure to include the legal basis for the exemption shall be deemed a waiver of the Firm’s right to preclude the City’s release of the requested SOQ in response to a Public Records Act request. For example, if a Firm submits trade secret information, the Firm must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information that
a Firm submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary”, the City will provide Firms who submitted the information with reasonable notice to seek protection from disclosure by a court o f competent jurisdiction.
x. Prevailing Wage Requirements
Firms shall take cognizance 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 work” and “maintenance” projects. The Firms must agree to fully comply with and to require its subcontractors/subconsultants to fully comply with such Prevailing Wage Laws to the extent applicable.
[END OF SECTION]
EXHIBIT A
SCOPE OF SERVICES
Proposition 47 Program (BSCC Proposition 47 Grant Program Cohort 5) Project Overview
The Subcontractor shall implement services under the City of San Bernardino’s Proposition 47-funded initiative from January 1, 2026, through December 31, 2028. The program’s mission is to prevent retaliatory and network-based violence through trauma- informed, community-centered interventions delivered by culturally competent professionals. Services will focus on individuals most at risk of being victims or perpetrators of violence.
The City will monitor program implementation, receive regular data and progress updates, and coordinate across partners to ensure fidelity to the intervention model.
Services will be delivered in accordance with the BSCC Proposition 47 Cohort 5 funding priorities and performance metrics. Subcontractors are expected to maintain service fidelity, ensure quality assurance across activities, and adhere to BSCC Proposition 47 data collection standards. Funding is contingent upon meeting minimum service thresholds, data reporting compliance, and participation in coordinated planning and evaluation. Subcontractors that do not meet performance benchmarks may be subject to contract modification, reduction in scope, or termination.
Key Subcontractor Activities
1. Mental Health Services and/or Substance Use Disorder Treatment
• Conduct outreach and engagement with individuals in need of services or treatment relating to mental health or substance use disorders • Respond to referrals for individuals in need of services or treatment relating to mental health or substance use disorders
• Employ de-escalation strategies, mediation, and safe passage efforts. • Participate in City-led service coordination and performance management meetings.
• Engage individuals and families impacted by mental health or substance use disorders.
• Maintain documentation of patient assistance using City-approved templates or tools.
2. Case Management
• Maintain a caseload of at least 25 high-risk participants per year • Conduct five high-quality client contacts per week (at least two in person). • Create and maintain “Service Plans” for clients addressing personal goals relating to their challenges.
• Provide support services including relocation, mentoring, and referrals for substance use, housing, and mental health.
• Ensure 75% of clients are referred through service coordination meetings or community engagement.
• Complete initial intake assessments within 7 business days of enrollment.
3. Diversion Programs
• Program to support alternatives to traditional criminal prosecution that aim to guide individuals into supportive services
• Provide or connect participants to vocational training, job placement assistance, and continuing education programs.
• Support rehabilitation and long-term stability
• Track program outcomes post-placement
4. Community Engagement
• Develop and implement localized engagement plans including cultural and wellness events.
• Promote participation of individuals at highest risk and trusted community leaders in public safety and healing strategies.
• Submit monthly engagement reports including activities and outreach strategies. • Include community feedback and suggestions from event participants in monthly reports.
5. Partnership and Coordination
• Collaborate with local stakeholders, including schools, hospitals, faith-based organizations, and law enforcement (as appropriate).
• Share promising practices and lessons learned.
6. Performance Monitoring & Data Reporting
• Track and report services, participant progress, and outcomes using City’s approved system.
• Contribute data on the following BSCC Prop 47 metrics:
o Individuals’ information that includes topics relating to demographics, education, employment, criminal history, and program participation
o Reduction in victimization, recidivism, and justice system contact o Improvement in client life satisfaction and mental well-being • Submit monthly and quarterly reports with supporting documentation as outlined in the City’s invoicing and reimbursement guidelines.
• Data must be entered into the City's approved system within 3 business days of service delivery.
7. Evaluation Support
• Collaborate with an external evaluator to assess program effectiveness. • Participate in surveys, qualitative assessments, and interviews as part of a formal outcome and process evaluation.
• Subcontractors must:
o Support the collection of pre- and post-intervention surveys. o Participate in biannual fidelity assessments.
o Submit participant narratives or case studies upon request. o Use City-approved assessment tools (e.g., client risk/needs assessment, mental health/substance use history questionnaire)
o Support qualitative interviews with clients or staff to evaluate program impact and barriers.
• Address any corrective actions or evaluation findings within 30 days of notice.
8. Program Objectives (2025–2028)
• Enroll 75 high-risk individuals in case management and prevention services over the three-year grant period.
• Maintain a 70% participant retention rate annually across case management and prevention tracks.
All services must reflect a commitment to equity, cultural responsiveness, and trauma- informed care in alignment with BSCC Proposition 47 Cohort 5 guidance.
Schedule of Charges & Reimbursement
The Consultant shall submit complete and timely monthly invoices no later than the 10th calendar day of each month for services performed in the preceding month, along with supporting documentation for every project-related expense, in accordance with Section 4 of the Agreement.
All documentation must clearly identify the funding source (BSCC Proposition 47 Cohort 5) on invoices or attachments.
If the Consultant fails to provide complete supporting documentation for any project - related expense in a submitted invoice, the City reserves the right to withhold payment on the affected portions of the invoice until all required documentation is receive d and approved.
Consultant invoices must include a detailed description of services performed and the associated time for completion.
The City shall remit payment for approved invoices within forty-five (45) days from receipt of a complete and acceptable invoice package.
Required Supporting Documentation by Expense Type:
Personnel Cost
(Documentation related to salaries, wages, and fringe benefits for staff assigned to the Proposition 47 project.)
• Staff allocation sheet reflecting project work.
• Timesheets showing percentages of time worked on the project, signed and dated by both employee and supervisor.
o Electronically submitted timesheets are acceptable if they include supervisor approval (wet signature or electronic).
• Payroll register or copies of processed paychecks.
• Invoices and proof of payment (e.g., canceled check, bank statement) for fringe benefits, if applicable.
Contractual Services
(Documentation related to consultants, vendors, and subcontracted services.) • Signed invoices indicating the service period, services provided, and number of hours billed (if applicable).
• Proof of payment (copy of canceled check and matching bank statement) for all consultants and vendors, including address and contact information. • For subcontractors: submit a copy of the subcontractor’s invoice, canceled check, and corresponding bank statement.
Participant-Related Costs
(Documentation related to expenses for program participants such as incentives, supplies, or transportation.)
• Invoices include date, company name, address, contact information, and itemized costs.
o All invoices and receipts must be dated within the month for which the expenditure report is submitted.
• Proof of payment (e.g., canceled check, bank statement, credit card receipt). • For gift cards, prizes, gifts, or other incentives:
o Submit a distribution form identifying recipients, item amounts, and signatures.
o Maintain proof of receipt signed by the client or family member, including the recipient's name, date, item source and amount, and relationship to the client (if applicable).
o Submit copies of the front and back of each distributed gift card showing serial numbers.
• For program events and field trips:
o Submit sign-in sheets with event name, date, and location.
Other Costs
(Documentation for miscellaneous project expenses not covered under other categories.) • Invoices that include date, company name, and itemized costs. • Receipts for all purchased items, dated within the applicable month. • Proof of payment (copy of canceled check, bank statement, or credit card receipt).
Consultant shall submit complete and timely monthly invoices no later than the 10th calendar day of each month for services performed in the preceding month. Said invoice shall be based on the total of Consultant's services which have been completed to City's sole satisfaction.
City shall pay Consultant's invoice within forty -five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion.
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EXHIBIT B
CITY OF SAN BERNARDINO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2025 by and between the City of S an 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 9 2401 (“City”), and [***INSERT NAME***] , a [***INSERT TYPE OF
ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (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:
PROPOSITION 47 GRANT PROGRAM (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices . All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their Statement of Qualifications. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant
further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval.
Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Ag reement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner : a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amend ment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage chang e in the Consumer Price Index - All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside -San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.
6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without 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 proclamatio ns and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B”, and incorporated herein by this refer ence. [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***]
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate . Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permit s, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to assign or to transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant . Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments fr om City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provision s of that code, and he/she will comp ly 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/h er 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. Aviation and/or Drone Liability
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Dr one Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. 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
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit (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.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any add itional 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 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, offi cers, 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 recov ery 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.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
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 r ight 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. m. 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 gene ral liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the perfor mance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control A ct of 1986, as may be amended from time to time, and shall require all subconsultants and sub -subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an 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. Consulta nt 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 Pa rty 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 behal f of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consu ltant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign an employee as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]
30. Third Party Rights . Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereu nder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereo f or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not b e deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or m aking of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
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. Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal) . Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning . A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.
This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after
previous warnings have been issued.
(iv) Termination of Contract . If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo
Interim City Manager
ATTESTED BY:
Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]
[***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***]
EXHIBIT B
KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT 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 a not limited to the measures listed below:
• Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12 month trend of each performance measure
• Consultant will attend quarterly meetings scheduled by the City [***INSERT 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 is related to PW projects when a contractor is conducting work on a county facility and/or delivery 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
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:
ADDRESS:
The respondent shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection.
The insurance requirements are detailed below:
MINIMUM INSURANCE REQUIREMENTS
RFQUAL F-25-6005
PROPOSITION 47 GRANT PROGRAM SERVICES
COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability (If applicable) $1,000,000 per occurrence and aggregate
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.
SUBMITTED BY: TITLE: _____ _____________ _ (Authorized Representative Signature)
PRINT NAME: DATE: ______ ___________ _
REQUIRED BID SUBMITTALS CHECKLIST
FOR
RFQUAL F-25-6005
PROPOSITION 47 GRANT PROGRAM SERVICES
The following documents must be completed, signed, and submitted with the Bid.
Incomplete submittals may be deemed non-responsive.
# REQUIRED DOCUMENT INCLUDED IN
BID PACKAGE
1 Required - Statement of Qualifications
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2 Required - Acknowledgement of Insurance Requirements
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3 Optional - DBE Form
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