PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
ST. JOHN’S COMMUNITY HEALTH
This professional services agreement (“Agreement”) is made and entered into as of [________], 2026 (“Effective Date”), 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, California 92401) (“City”) and St. John’s Community Health (a non-profit organization with its principal place of business at 1500 North Waterman Avenue, San Bernardino, California 92404) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. City was awarded the Board of State and Community Corrections (“BSCC”) Proposition 47 Grant Program Cohort 5 Services (“Program”) 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; and
B. City issued request for qualifications RFQUAL F-25-6005 dated June 3, 2025 (“RFQ”) for the Program; and
C. Consultant submitted its proposal in response to the RFQ on June 20, 2025 and
D. Consultant represents that it is experienced in providing professional services for behavioral health services, substance use disorder treatment, medical services, case management, and supportive services for individuals eligible under BSCC Program requirements; and possesses the necessary expertise, resources, and personnel to complete the project in a timely and professional manner as specified herein; and
E. The City Council approved the selection and award of the Agreement to Consultant on [________]; and
F. 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 as set forth in Exhibit A, attached hereto and incorporated herein by reference. In the event of any inconsistency between the terms of the Exhibit A and this Agreement, the terms of this Agreement shall govern.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation
a. Subject to paragraph 4b below, the City shall pay for the services as set forth in the Fiscal Provision and Budget (attached hereto as Exhibit B and incorporated herein by reference). In the event of any inconsistency between the terms of the Exhibit B and this Agreement, the terms of this Agreement shall govern. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one million, six hundred and ninety- four thousand, seven hundred and two dollars ($1,694,702). This amount is to cover all related Program costs for the duration of the term, and the City will not pay any additional fees. Consultant may submit invoices to City for approval. The 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. Additional Work. If changes in the work seem merited by the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2029, in accordance with the Program Activity Overview as set forth in Exhibit C (attached hereto and incorporated herein by reference); 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 Party 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. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
10. Compliance with Law
a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). b. 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 Services.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall (prior to execution of this Agreement) obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel (including but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance).
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (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 (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City.
(ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG 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 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 (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
(i) The following insurance limits are required:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other 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.
h. Evidence Required. Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds (where appropriate) the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement; except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three (3) 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 canceled 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. All policies required shall be issued by acceptable insurance companies (as determined by the City) which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant; and any approval of said insurance by the City is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement (including but not limited to the provisions concerning indemnification). (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the 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) The City (City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not 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 the Consultant, the City may approve different scopes or minimum insurance limits for particular subcontractors or subconsultants.
17. Indemnification. 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 (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged negligent acts errors, 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 or product liability claims (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.
18. California Labor Code Requirements
a. 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).
b. 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 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 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. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving thirty (30) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports, and other documents produced or developed for that portion of the work completed and/or being abandoned.
The 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 the Parties of the portion of such task completed but not paid prior to said termination). The 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.
c. If the Agreement is terminated prior to its completion for default, Consultant shall refund the monthly prorated cost of the incomplete term.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses (including reasonable attorneys’ fees incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof). The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant (when requested) shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall (at no cost to City) provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of the 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 and Data. 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, except as otherwise provided in “Termination or Abandonment” above.
27. Organization. Consultant shall assign “Ryan Rising” 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. 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.
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. 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, and 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: Eric Levitt
City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
St. John’s Community Health
1500 North Waterman Avenue
San Bernardino, CA 92404
Attn: Jim Mangia
President/CEO
33. 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.
34. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person (other than a bona fide employee working solely for Consultant) to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person (other than a bona fide employee working solely for Consultant) any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. 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 for the term of this Agreement.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. BSCC Requirements. In addition to the terms and conditions of this Agreement, the Parties agree to adhere to BSCC requirements as set forth in Exhibit D, attached hereto and incorporated herein by reference.
37. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
38. Time of Essence. Time is of the essence for each and every provision of this Agreement.
39. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement.
40. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
41. 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.
42. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties 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.
43. 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.
44. 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
City Manager
ATTESTED BY:
Telicia Lopez
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
ST. JOHN’S COMMUNITY HEALTH
Jim Mangia
President/Chief Executive Officer
EXHIBIT A
St. John’s Community Health (SJCH) - SCOPE OF SERVICES
Overview
Proposition 47: “St. John Community Health Street Health Program” Over the three-year service delivery period (January 1, 2026 – December 31, 2028), SJCH will be responsible for delivering tailored interventions that include mental health and substance use disorder treatment, case management, conflict mediation, reentry support, and workforce readiness training to a minimum of 75 individuals and maintain a 70% participant retention rate annually. SJCH will deploy a staffing model that incorporates workers with lived experience, clinical support staff, and program staff to effectively reach, engage, and support program participants. SJCH will also comply with evaluation and close-out requirements after the service delivery period, including but not limited to, all data reporting, outcome tracking, and evaluation requirements, and will actively collaborate with partner agencies to ensure effective coordination, service delivery, and impact.
Program Components
1. Mental Health Services and Substance Use Treatment
SJCH offers integrated mental health and substance use services (behavioral health), including individual and group therapy, Medication Assisted Treatment (MAT) for addiction, harm reduction, peer support, and referral to detox or residential treatment when appropriate. SJCH clinicians, Peer Community Health Workers (PCHWs), and Peer Recovery Specialists engage individuals and families in need of treatment and respond to referrals, using de-escalation, conflict mediation, and trauma-informed approaches. Stad track program outcomes include reductions in recidivism, improvements in mental well-being, and a reduction in harmful practices. In no way should this program, any program component, support the distribution of needles, syringes, or drug paraphernalia, or related products.
2. Case Management and Support Services
This program includes robust case management and supportive services to address both immediate and long-term stability needs. Services include:
Intensive Case Management and Peer Navigation – SJCH’s PCHWs conduct comprehensive assessments, develop and implement individualized care plans, and guide clients through every stage of reintegration. PCHWs maintain robust caseloads, ensure timely intake assessments, and provide service plans that address clients’ personal goals related to mental health, substance use, housing, employment, and legal
stability. PCHWs complete five quality contacts per client per week – at least two in person – and maintain all documentation in the electronic health record system.
Self-Sufficiency Planning - Working closely with participants to develop individualized, long-term plans for financial independence and housing retention. This includes employment support, financial literacy training, and access to other supportive resources.
Workforce and Education Supports/ Diversion Programs – SJCH Workforce Navigators link clients to vocational training, job readiness, GED prep, and continuing education. These services are embedded in our diversion programming to support long- term rehabilitation and stability. The Workforce Navigator develops and implements individualized support plans and progress is tracked to monitor employment/education outcomes and reduce justice system contact.
Partnership and Coordination – SJCH’s reentry programming is strengthened by a broad network of partners across healthcare, housing, workforce development, legal aid, and community-based organizations. We maintain strong relationships with hospitals, behavioral health providers, public defenders, probation departments, community colleges, and faith-based groups. Where appropriate, we also coordinate with law enforcement to support warm handoffs and reduce gaps in care. These partnerships enhance our ability to provide seamless, wraparound services such as coordinated discharge planning, shared care protocols, and integrated referrals. In addition, we actively participate in cross-sector coalitions and County-led initiatives to align efforts, share lessons learned, and promote systems-level improvements in reentry support.
Housing Services – SJCH employs dedicated Housing Navigators and leverages local Coordinated Entry Systems and rental assistance programs to support housing stability.
Housing navigation includes relocation support and wraparound services to stabilize housing for individuals facing homelessness, justice involvement, or trauma.
Legal Services – Our in-house legal team and community-based legal partners support expungement, custody and child support cases, benefits access, and eviction prevention. These services complement clients' broader reentry plans and address barriers to employment and housing.
3. Outreach
SJCH has the capability of accepting referrals and performing outreach to engage with clients where they are.
Community Engagement – SJCH implements localized community engagement plans that include wellness fairs, peer-led support groups, and a range of community-based events focused on reentry navigation. These activities are designed to reduce stigma, promote trust, and reestablish connection for individuals impacted by the criminal justice
system. We engage trusted community leaders, formerly incarcerated individuals, and residents at highest risk of justice system involvement to serve on our RISE community advisory board (CAB) as ambassadors and co-designers of outreach efforts and programming. Feedback from participant surveys and CAB members ensures programming remains responsive to the evolving needs of the reentry population.
4. Program Integration
This program is designed to operate in close alignment with the City of San Bernardino’s existing housing and homelessness initiatives. This integration ensures a coordinated approach to homelessness prevention and reduction. Key integration strategies include:
Leveraging partnerships with local stakeholders, including service providers and community organizations.
Utilizing the Homeless Management Information System (HMIS) to track outcomes, ensure data-driven decision-making, and avoid duplication of services.
SJCH commits to supporting program integration with key multidisciplinary staff, which includes the Program Manager (PM), Licensed Clinical Social Worker (LCSW), Peer Community Health Worker (PCHW), Workforce Navigator (WN), and Peer Recovery Specialist (PRS). SJCH will attend meetings as requested by the City.
5. Data Collection and Program Performance Evaluation
Performance Monitoring and Data Reporting – SJCH has a robust data infrastructure. We track service delivery, participant demographics, and outcomes. All patient/client data is entered in real-time into our electronic health record system. We comply with all requests for data reporting and documentation.
Evaluation Support – SJCH works closely with internal and third-party evaluators to assess program effectiveness. We participate in all required evaluation activities, including surveys, pre- and post-intervention assessments, fidelity monitoring, and qualitative interviews. All corrective actions identified through evaluations are addressed within 30 days.
EXHIBIT B
Fiscal Provision & Budget
This program is supported by a not-to-exceed allocation of $1,694,702 to perform the scope of services, during the three-year service delivery period. All expenses must align with applicable BSCC guidelines, federal laws, statutes, and regulations, including but not limited to Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, regardless of the budget categories below.
Compensation under this Agreement is contingent upon the availability of funding from the Proposition 47 Grant Program administered by BSCC. In the event such funding is reduced, suspended, or terminated, the City may reduce or terminate compensation under this Agreement accordingly.
Reimbursement Requests
The reimbursement request framework for this program is designed to ensure compliance and facilitate billing processes. Reimbursement requests must be submitted on a quarterly basis and must include support documentation for all eligible activities.
The goal of supporting documentation is to ensure transparency in all program activities, including financial transactions. Guidelines for supporting documentation are as follows:
1. Supportive Services
Receipts with dates, invoices, logs, proof of payment, and/or contracts for services provided
2. Administrative Costs
Itemized records and/or invoices with dates for administrative expenses.
3. Personnel Time Cost
Timesheets, payroll registers, and/or supporting documentation Review and Approval Process
SJCH will be required to submit quarterly and timely reimbursement requests to the City for expenses already incurred. All reimbursement requests will be subject to review by the City to ensure accuracy, alignment with budget categories, and compliance with program guidelines. Following execution of this agreement, the City will provide SJCH with templates and forms for use towards reimbursement requests. Incomplete or noncompliant submissions may result in delays or denial of reimbursement. It is SJCH's responsibility to address any discrepancies in the submission promptly.
This schedule serves as a guideline for the submission of reimbursement requests.
Reimbursement Request Schedule
Invoicing Period Due Date
1 January 1, 2026 to March 31, 2026 Wednesday, April 15, 2026 2 April 1, 2026 to June 30, 2026 Wednesday, July 15, 2026 3 July 1, 2026 to September 30, 2026 Thursday, October 15, 2026 4 October 1, 2026 to December 31, 2026 Friday, January 15, 2027 5 January 1, 2027 to March 31, 2027 Thursday, April 15, 2027 6 April 1, 2027 to June 30, 2027 Thursday, July 15, 2027 7 July 1, 2027 to September 30, 2027 Friday, October 15, 2027 8 October 1, 2027 to December 31, 2027 Saturday, January 15, 2028 9 January 1, 2028 to March 31, 2028 Saturday, April 15, 2028 10 April 1, 2028 to June 30, 2028 Saturday, July 15, 2028 11 July 1, 2028 to September 30, 2028 Sunday, October 15, 2028 12 October 1, 2028 to December 31, 2028 Monday, January 15, 2029
EXHIBIT C
Program Activity Overview
This subaward contains a service delivery of three years and concludes with a six- month close-out. SJCH will only be reimbursed for services provided within the three- year service delivery timeline, however, SJCH is required to comply with the evaluation and close-out period. SJCH is required to provide data relevant to program reporting within the reasonable documentation retention timeline, evaluation, and close-out period. SJCH shall cooperate with any monitoring, evaluation, or audit activities conducted by the City or BSCC related to the services funded under this agreement.
Service Delivery Service Delivery Service Delivery Evaluation & Close-Out
12 months 12 months 12 months 6 Months
January 1, 2026 -
December 31,
2026
January 1, 2027 -
December 31,
2027
January 1, 2028 -
December 31,
2028
January 1, 2029 –
June 30, 2029
Service delivery
and data
collection.
Service delivery
and data
collection.
Service delivery
and data
collection.
Compile and
analyze data
gathered from three
full years of service
delivery.
Complete Local
Evaluation Report.
Complete program-
specific compliance
audit.
SJCH service model supports an expanded capacity that is proportional with available funding where this program aims to support a minimum of 75 clients annually within the City of San Bernardino and maintain a 70% participant retention rate annually across case management and prevention tracks with the intent of supporting the program's overall goals, providing mental health services, substance use treatment, and recidivism reduction. The duration of supportive assistance should be flexible, adapting to the unique needs of each participant, while accommodating variations based on participant progress and specific barriers to stability.
Data Collection and Reporting
SJCH shall collect and maintain programmatic and participant-level data necessary for the City to meet reporting requirements of BSCC for the Proposition 47 Grant Program.
SJCH shall submit periodic reports, performance data, and supporting documentation to the City in a quarterly schedule shown below, determined by the City. The City will provide a template to withhold pertinent data variables and metrics following the execution of this agreement. These metrics are subject to change, depending on the direction given from the parent granting agency, or requirements required by the City of San Bernardino to report. The subrecipient is required to retain program documentation for a period of 4 years, following program completion.
Reporting Schedule
Reporting Period Due Date
1 January 1, 2026 to March 31, 2026 Wednesday, April 15, 2026 2 April 1, 2026 to June 30, 2026 Wednesday, July 15, 2026 3 July 1, 2026 to September 30, 2026 Thursday, October 15, 2026 4 October 1, 2026 to December 31, 2026 Friday, January 15, 2027 5 January 1, 2027 to March 31, 2027 Thursday, April 15, 2027 6 April 1, 2027 to June 30, 2027 Thursday, July 15, 2027 7 July 1, 2027 to September 30, 2027 Friday, October 15, 2027 8 October 1, 2027 to December 31, 2027 Saturday, January 15, 2028 9 January 1, 2028 to March 31, 2028 Saturday, April 15, 2028 10 April 1, 2028 to June 30, 2028 Saturday, July 15, 2028 11 July 1, 2028 to September 30, 2028 Sunday, October 15, 2028 12 October 1, 2028 to December 31, 2028 Monday, January 15, 2029
Homeless Management Information System (HMIS)
SJCH, in accordance with 24 CFR § 576.400(f), must ensure that data on all persons served and all activities are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the City, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS.
HMIS Agency Agreement – SJCH shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of SJCH 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 SJCH 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 – SJCH shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where SJCH agrees to share HMIS data with other funded agencies regarding clients that are served, unless prohibited by law. A copy of such agreement shall be delivered to the City.
HMIS Data Input - SJCH must enter data directly into the HMIS system and adhere to all implementation guidelines developed under Docusign Envelope ID: 7D57F08E- BF01-42D6-B8C1-B93ACA6B690C -5- 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. Subrecipient must input client data no more than forty-eight (48) hours after the 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 the actual exit date SJCH shall grant the City reasonable access to program data within HMIS or provide regular data exports and/or reports as requested by the City for purposes of grant reporting, program monitoring, and evaluation. Regular performance reviews and reporting through HMIS ensure accountability, transparency, and continuous improvement.
Performance Metrics
The Contractor shall meet the following minimum annual performance targets:
Minimum 75 unduplicated individuals served per year or 225 in a three-year period
A. Client Engagement & Enrollment
Goal: The program will enroll and provide services to at least 75 unduplicated participants annually within the City of San Bernardino.
Objective:
Enroll an average of 6–7 new participants per month
Ensure 100% of participants complete an intake assessment within 3 days of enrollment
Provide intensive case management and peer
support navigation, and maintain a caseload of 25 high-risk participants per year per case manager.
B. Retention & Program Participation
Goal: The program will maintain a minimum 70% participant retention rate annually across case management and prevention tracks.
Objective:
At least 53 participants annually (70%) will remain actively engaged in services for a minimum of 90 days or longer, depending on individual service plans
Conduct monthly case management meetings for 90% of participants
C. Mental Health Services
Goal: Increase access to mental health services to support stabilization and reduce recidivism.
Objective:
At least 60% of participants (45 individuals) will receive mental health screening within 30 days of enrollment
At least 50% of participants (38 individuals) will engage in ongoing mental health services or counseling
D. Substance Use Treatment
Goal: Provide access to substance use treatment and harm reduction services to support recovery and stability.
Objective:
At least 50% of participants (38 individuals) will receive a substance use assessment within 30 days
At least 40% of participants (30 individuals) will be connected to treatment, recovery services, or harm reduction supports, including access to Medication Assisted Treatment (MAT) and other overdose prevention support and services with the support of SJHC clinician, Peer Community Health Workers, and Peer Recovery Specialist.
E. Recidivism Reduction
Goal: Reduce recidivism among program participants through coordinated services and stabilization supports.
Objective:
At least 75% of participants (56 individuals) will have no new arrests or convictions during program participation
Track outcomes at 6 and 12 months post-enrollment
F. Individualized Service Duration & Flexibility
Goal: Provide flexible, participant-centered services that adapt to individual needs and barriers.
Objective:
100% of participants will have an individualized service plan within 14 days of enrollment
Service duration will be tailored based on participant progress, with regular reassessments every 30–60 days
At least 80% of participants will demonstrate progress toward at least one stability goal (housing, employment, treatment engagement)
G. Stability & Prevention Outcomes
Goal: Support long-term stability and reduce system involvement.
Objective:
At least 60% of participants (45 individuals) will demonstrate improved stability outcomes (e.g., housing, employment, or consistent treatment engagement) within 6 months
At least 50% of participants will successfully complete program goals or transition to ongoing community support.
H. Data & Reporting
Goal: Ensure accurate tracking of outcomes and program performance.
Objective:
Submit 100% of required reports on time
Maintain 95% data accuracy and completeness
Track key outcomes including retention, service engagement, and recidivism
Major Objective
Major Functions, Tasks, and Activities
Timeline
Performance Measures/or Deliverables Between January 1, 2026 and December 31, 2028
conduct Outreach, Engagement &
Enrollment to connect people who are
justice-involved at risk of recidivism with
services and support
1.1 By the end of each 36-month period,
the Contractor will outreach, engage, and
enroll at least 75 unduplicated
individuals annually as documented in
HMIS or an approved tracking system
1.2 Enroll an average of 6–7 new
participants per month.
1.3 100% of enrolled participants will
complete an intake assessment within 3
days of enrollment.
Conduct outreach 5 days a
week within the city, or 16
field days per month
01/01/2026 – 12/31/2028
1. Document progress and challenges in monthly
reports. Maintain backup documentation of
outreach and engagement contacts.
2. Number of unduplicated clients enrolled
(Target: 75 annually)
3. % of intakes completed within 3 days (Target:
100%)
Between January 1, 2026 and December
31, 2028 maintain a minimum 70%
participant retention rate
annually across case management and
prevention tracks
2.1 At least 53 participants annually
(70%) will remain actively engaged in
services for a minimum of 90 days or
longer, depending on individual service
plans.
2.2 Conduct monthly case management
meetings for 90% of participants.
01/01/2026 – 12/31/2028 2.1 Retention rate (Target: ≥70%)
2.2 % of participants with at least one monthly case
management contact (Target: ≥90%)
2.3 Average length of program engagement
Between January 1, 2026 and December
31, 2028 provide Mental Health
Services to help increase access to
mental health services to support
stabilization and reduce recidivism
3.1 At least 60% of participants (45
individuals) will receive mental health
screening within 30 days of enrollment
3.2 At least 50% of participants (38
individuals) will engage in ongoing
mental health services or counseling
01/01/2026 – 12/31/2028 3.1 % of participants receiving screening within 30 days (Target: ≥60%)
3.2 % of participants engaged in ongoing mental health
services (Target: ≥50%)
3.2.1 Number of mental health service referrals and
completed linkages Between January 1, 2026 and December 31, 2028 provide Substance
Abuse treatment and harm reduction
services to support recovery and stability.
4.1 At least 50% of participants (38
individuals) will receive a substance use
assessment within 30 days
4.2 At least 40% of participants (30
individuals) will be connected to treatment,
recovery services, or harm reduction
supports, including access to Medication
Assisted Treatment (MAT) and other
overdose prevention support and services
with the support of SJHC clinician, Peer
01/01/2026 – 12/31/2028 4.1 % of participants assessed for substance use within 30 days (Target: ≥50%)
4.2 % connected to treatment or harm reduction
services (Target: ≥40%)
4.2.1 Number of participants actively engaged in
treatment services
Community Health Workers, and Peer
Recovery Specialist.
4.2.2 Document progress and challenges in monthly
reports. Maintain backup documentation of participant
outcomes, referrals, MAT enrollments, SUD treatment
placements, and OD interventions provided. Collect
project data. Between January 1, 2026 and December
31, 2028 reduce recidivism among
program participants through coordinated
services and stabilization supports.
5.1 At least 75% of participants (56
individuals) will have no new arrests or
convictions during program
participation
5.2 Track outcomes at 6 and 12 months
post-enrollment
01/01/2026 – 12/31/2028 5.1 % of participants with no new arrests/convictions during program participation (Target: ≥75%)
5.2 Recidivism rate at 6 and 12 months post-enrollment
5.2.1 Number of participants successfully
completing the program without reoffending
Between January 1, 2026 and December
31, 2028 participate in Care Coordination
& System Linkages, which
ensure timely and effective linkage to
services, which can include reconnection
with healthcare providers, probation
department, and legal services
6.1 At least 60% (59 individuals) of
enrolled clients will be connected
to primary care or ongoing health
services within 60 days of engagement.
6.2 The Contractor will assist at least 50%
(49 individuals) of eligible clients in
applying for or enrolling in Medi-Cal or
other benefits within 90 days.
6.3 The Contractor will participate in 100%
of required multidisciplinary case
conferencing meetings throughout the
contract term.
01/01/2026 – 12/31/2028 6.1 % of enrolled clients are successfully connected to primary care or ongoing health services within 60 days
of initial engagement, as evidence through intake
forms, referral logs, appointment confirmation, and
case notes.
6.2 % of eligible clients assisted with applying for or enrolling in Medi-Cal or other public benefits within 90 days of engagement, as evidence through application
records, enrollment confirmation, and case notes.
6.3 Rate of participation in required MTD meetings
during contract term as evidenced through attendance
logs or sign-in sheets.
Between January 1, 2026 and December
31, 2028 provide Workforce and
Education to ensure timely and
effective service linkage.
7.1 SJCH Workforce Navigators will link at
a minimum of 56 individual clients to
vocational training, job readiness, GED
prep, and continuing education within 30
days of enrollment.
7.2 The Workforce Navigator will develop
and implement individualized support plans
01/01/2026 – 12/31/2028 7.1 Progress is tracked
to monitor employment/education outcomes and reduce
justice system contact
7.2 % of clients who receive a completed and
documented individualized support plan developed by
the Workforce Navigator within a defined timeframe.
Between January 1, 2026 and December
31, 2028 connect people who are literally
homeless to housing navigation to
achieve Housing & Stability Outcomes
8.1 At least 40% (39 individuals) of
engaged clients will receive housing
navigation support within the program
year.
01/01/2026 – 12/31/2028 8.1 % and the number of engaged clients who receive housing navigation support within the program year.
8.2 The Contractor will facilitate housing
referrals for at least 30% (29
individuals) of enrolled and
homeless clients within the contract year.
8.2 Case management system, service logs, housing
referral records through case notes of housing
coordination, and placements.
Between January 1, 2026 and December
31, 2028 the contractor
will maintain accurate Data, Reporting &
Billing
9.1 The Contractor will submit 100% of
required monthly reports on time,
including service delivery, client outcomes,
performance metrics, and monthly billing.
9.2 The Contractor will maintain 95% data
completeness and accuracy in HMIS or
the approved data system, as measured by
quarterly data quality reviews.
By the 15th of each month 9.1 Contractor will submit monthly invoices that are batched and include all supporting documentation and
are reasonable, allowable, and allocable- consistent
with 2 CFR 200
9.1.1 Contractor will submit monthly activity reports.
Document progress and challenges in monthly reports.
Maintain backup documentation.
9.2 Monthly and/or quarterly HMIS report cards
submittals
EXHIBIT D
Board of State and Community Corrections (“BSCC”) Requirements
In addition to the terms and conditions set forth in the Agreement, the Parties agree to all of the following terms required by BSCC in all subcontracts/Memorandums of Understanding (MOUs) that use these monies for grant-funded project activities and expenditures:
Non-Discrimination Clause and Civil Rights Compliance: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.
Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
Books and Records: Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of four (4) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of four (4) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors.
Access to program records will be made available by both the grantee and the subcontractors for a period of four (4) years following the end of the grant period.