Agenda packet — Victorville City Council, June 6, 2023 (part 4 of 4)

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.07
Victorville Wellness Center, phase 2 Supplemental #7

SECTION ITEM UOM DESCRIPTION
09 91 00 00 2001 LS Connect Homes Community Modular Buildings and Dog Kennel Painting Works
Install Price: 106,020.00 X Install Quantity: 1.00 =
X
=
Install Total: $106,020.00
Factor: 1.2889
Line Item Total: $136,649.18
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

C. Direct Equipment Costs (For Equipment NOT in the CTC) Total Cost for Self-perform NPP Work Task =
(A+B+C) x Non-Prepriced Work Task Adjustment Factor
*Material Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.)

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
106,020.00G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
136,649.18 Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) *Approved subquote approved by Pacifica.

Penel Contracting Co 106,020.001.

2. 3.
$
$
$
Convert to Unit Price
Non-Prepriced Worksheet Page 7 of 234

ATTACHMENT FOR NPP ITEM 09910000-2001
Peniel Contractors, Inc.
1014 Appling Ave. Placentia, CA 92870
Tel (714) 468-3337
Fax (714) 599-9004
State License #1015135
Public Works Contractor Registration #1000014067
Job Proposal #2261- 2
Proposal Submitted to: Angeles Contractor, Inc.

Attn: Jay Kwon
Date: 3/26/2023
Tel: (714) 290-7437
Email: [email protected]
A.

Project Name: Victorville Wellness Center Phase 1
Project Address: 16902 First St. Victorville, CA 92395
Scope of WorkC.

Provide Painting on Modular Buildings per Site Walk on 3/22/2023 and Approved Drawings 7/25/2022
Scopes

1. Prime & Paint Complete Interior Gypsum Board Walls & Ceilings, Middle Columns and interior Doors & Door Frames at following Joint Modular Buildings a. Cafeteria / Dining (Joint Modular Building)
b. Wellness Center (Joint Modular Building)
c. Recuperative Care Center (Joint Modular Building)
d. Exam Clinic Center (Joint Modular Building)

2. Prime & Paint Partial Exterior Fiber Cement Panels at following Joint Modular Buildings where connections are made
a. Cafeteria / Dining (Joint Modular Building)
b. Wellness Center (Joint Modular Building)
c. Recuperative Care Center (Joint Modular Building)
d. Exam Clinic Center (Joint Modular Building)

3. Prime & Paint Partial Interior & Exterior Work at Covered Patios/Canopies

4. Prime & Paint Partial Interior & Exterior Work at Dog Kennel Modular Building D. Exclusions & other notes

1. Excludes Framing & Gypsum Board Installation

2. Excludes Powder Coating Work at Tubular Fences & Gates

3. Excludes Painting Guardrails

4. Excludes Site Work including Parking Lot Striping, Basketball Court, Courtyard, Dog Run Area, Community Garden Area, & Residents Entry Area

5. Partial Painting due to Trade Damage is subject to a Change Order or T&M Work

6. Painting on any Single Modular Buildings (Shelter Buildings) is subject to a Change Order or T&M Work

7. Working Days – Daytime Monday-Friday
Proposal AmountE.

3. Prime & Paint Partial Interior & Exterior Work at Covered Patios/Canopies $2,800.00

4. Prime & Paint Partial Interior & Exterior Work at Dog Kennel Modular Building $3,100.00

5. Detuctible for Existing Usable Paint Material on Site (Approximately 125 Gallons) -$4,500.00
Total Proposal Amount $106,020.00
F. All material, equipment, labor for scope of work above will be supplied by Peniel Contractors. All materials shall comply with the current rules and regulations of the local air quality management district, with the rules regarding volatile organic compounds, and with FDA rules and regulations for dangerous materials in paint.

Proposal authorized by
Terry Yoo
Peniel Contractors, Inc.

Date: 3/26/2023

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.07
Victorville Wellness Center, phase 2 Supplemental #7

SECTION ITEM UOM DESCRIPTION
06 05 23 00 2001 LS Drill Concrete/CMU Wall Footing and Install Anchor Bolt with Epoxy for Deck Wood Joist Ledger
Install Price: 19,603.88 X Install Quantity: 1.00 =
X
=
Install Total: $19,603.88

1.2889Factor:

Line Item Total: $25,267.44
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
19,603.88G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
25,267.44
Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) Calwest1. $
$
$
19,603.88
*Approved subquote approved by Pacifica.

2. 3.

Convert to Unit Price
Non-Prepriced Worksheet Page 8 of 234

ATTACHMENT FOR NPP ITEM 06052300-2001
Cal West Contractor, Inc. Lic 1061104CHANGE ORDER
2115 W. Crescent Ave Ste #231
Anaheim CA 92801 Change order No:

Date:
4 4/3/2023
2369A1To: ACI Project No:

Add: 783 Phillips Dr. City of Industry, CA 91748
Att: Mr. Jay Kwon
Project Address: 16902 1st Street
Victorville CA 92395
VWCProject Name:

Drill, Epoxy & install anchor bolts per RFI #234
Scope Quantity Unit Unit Cost Total
1 RFI #234 Generated COR
a. Material
Epoxy, All Thread Rod and drill bits & others 1 LS
hr
3,270.85

84.00 3,270.85
b. Labor 164 13,776.00
Drill concrete per plan detail
Clean drill holes
Apply epoxy & install all Thread rod
Install Legers
Total Cost
Over Head & Profit
17,046.85
2,557.03
19,603.88
15 %
Total Change Order Amount

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.07
Victorville Wellness Center, phase 2 Supplemental #7

SECTION ITEM UOM DESCRIPTION
33 42 36 00 2001 LS Channel Drain NDS Dura Slope
Install Price: 24,030.00 X Install Quantity: 1.00 =
X
=
Install Total:

Factor:
$24,030.00

1.2889
Line Item Total: $30,972.27
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
24,030.00G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
30,972.27 Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) westcon 24,030.00 *Approved subquote approved by Pacifica.1.

2. 3.
$
$
$
Convert to Unit Price
Non-Prepriced Worksheet Page 9 of 234

ATTACHMENT FOR NPP ITEM 33423600-2001

Subcontractor Listing
Date:

Re:

May 22, 2023
IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

CA-R8-GB06-123021-ACI
107752.07
Victorville Wellness Center, phase 2 Supplemental #7
Angeles Contractor Inc.Contractor:

Proposal Value: $457,334.66
Duties Amount
$45,191.23
%Name of Contractor

CAL WEST CONTRACTING INC
Christianbelle Electric, Inc.

Lagos Cabinets Inc
Carpentry 9.88

5.01 17.43

2.53 23.18

12.03 Electrical $22,934.00
$79,711.00
$11,563.26
$106,020.00
$55,014.00
Cabinet and Countertop
Earthworks
Painting
MMG Engineering, Inc.

Peniel Contractors, Inc.

Westcon Construction Services,
Inc.

Concrete
Subcontractor Listing Page 1 of 1
5/22/2023

Work Order Signature Document
EZIQC Contract No.: CA-R8-GB06-123021-ACI
New Work Order X Modify an Existing Work Order
Work Order Number.: 107752.08 Work Order Date: 05/22/2023 Work Order Title:

Owner Name:

Victorville Wellness Center, phase 2 Supplemental #8
City of Victorville
Scott Webb
Contractor Name: Angeles Contractor Inc.

Contact:

Phone:

Contact:

Phone:

Jay Kwon
760.955.5135 714.290.7437
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB06-123021-ACI.

Brief Work Order Description:

Time of Performance
Liquidated Damages
Estimated Start Date:

Estimated Completion Date:

XWill apply: Will not apply:

Work Order Firm Fixed Price: $79,917.50
Owner Purchase Order Number:

Approvals
Date Contractor DateCity of Victorville
Work Order Signature Document Page 1 of 1
5/22/2023

Detailed Scope of Work
To: Jay Kwon From: Brian Gengler
Angeles Contractor Inc. City of Victorville
783 Phillips Drive 43343 Civic Dr.

Victorville, CA 92392,
760.955.5135
City of Industry, CA 91748
714.290.7437
Date Printed: May 22, 2023
107752.08Work Order Number:

Work Order Title:

Brief Scope:

Victorville Wellness Center, phase 2 Supplemental #8
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

PHASE 2 SUPPLEMENTAL WORK ORDER #107752.08 [SWO #8] SCOPE OF WORK:

I. The Contractor shall perform scope of work and shall provide all labors, materials, equipment, and tools necessary to complete in a workmanlike manner for the following;

1. Prepare sheet pile shoring system Engineered drawings including tremie slab for Lift Station by McMahon Engineering Construction

2. RFI #248-Install additional deck post foundations

3. RFI #225-Modular buildings fire riser replacement due to cracks and leaks

4. RFI #214-Fabricate and install sheet metal and angle to secure plate to the CMU top in modular restrooms at cluster 4 and 5

5. RFI #218 and Submittal #081.1-Make Up Air Unit Model substtitution and new roof lined ductworks

6. Submittal #083.3.1-Roof Top Unit Model substitution

7. RFI #238-Cut the latches and backing that are in the way of the door opening over the deck surfaces

8. Furnish and install fiber expansion board and joint sealant/caulk outside perimeter of Building 8, 9, 10 and 11
II. References and Attachments;

1. 2.

Backup Documents-NPP Quotes
Reference Documents - Field Work Directive [FWD] for SWO #2.8, RFI # 248, 218, 225, 214, and 238, Submittal #083.3.1 & 081.1
III. Clarifications and Exclusions;

1. 2.

SWO #8 time impact to Phase 2 construction schedule is an additional 59 working days.

Phase 1 work is excluded
Subject to the terms and conditions of JOC Contract CA-R8-GB06-123021-ACI.

Scope of Work Page 1 of 2
5/22/2023

Detailed Scope of Work Continues..

Work Order Number: 107752.08
Work Order Title: Victorville Wellness Center, phase 2 Supplemental #8 Contractor Date
DateCity of Victorville
Scope of Work Page 2 of 2
5/22/2023

Contractor's Price Proposal - Summary
Date:

Re:

May 22, 2023
IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

CA-R8-GB06-123021-ACI
107752.08
Victorville Wellness Center, phase 2 Supplemental #8
Angeles Contractor Inc.Contractor:

Proposal Value: $79,917.50
PHASE 2 SWO #8-Bond Fees $1,720.33
PHASE 2 SWO #8-Community Buildings 8, 9, 10 & 11 Fiber Expansion Board and Sealant (Caulk)
$14,137.95
PHASE 2 SWO #8-Engineered Drawings for Dewatering $13,387.91 $4,962.27PHASE 2 SWO #8-RFI #214-CMU Gap in Modular Restrooms on Cluster 4 & 5 PHASE 2 SWO #8-RFI #218 and Submittal No. 08.1-MAU Model Substitution
$19,660.12
$16,868.23
$2,946.80
PHASE 2 SWO #8-RFI #225-Modular Buildings Fire Riser Pipes Replacement
PHASE 2 SWO #8-RFI #238-Cut Latches and Backing Interfering Door Opening
PHASE 2 SWO #8-RFI #248-Install Additional Deck Post Foundations PHASE 2 SWO #8-Submittal No. 083.3.1-RTU Model Substitution $3,051.39
$3,182.50
Proposal Total $79,917.50
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.

The Percentage of NPP on this Proposal: 55.90%
Contractor's Price Proposal - Summary Page 1 of 1
5/22/2023

Contractor's Price Proposal - Detail
Date:

Re:

May 22, 2023
IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

CA-R8-GB06-123021-ACI
107752.08
Victorville Wellness Center, phase 2 Supplemental #8
Angeles Contractor Inc.Contractor:

Proposal Value: $79,917.50
Sect. Item Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
PHASE 2 SWO #8-Bond Fees
1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
$1,720.33
Quantity Unit Price Factor Total
1,720.33Installation =x x1,563.94 1.00 1.1000
PHASE 2 SWO #8 - Bond Fees calculated at 2% of total amount of $78,197.17 Subtotal for PHASE 2 SWO #8-Bond Fees $1,720.33
PHASE 2 SWO #8-Community Buildings 8, 9, 10 & 11 Fiber Expansion Board and Sealant (Caulk) 2 03 15 16 00 0032 SF 1" Asphalt Saturated Fiber, Premolded Expansion Joint $5,156.89 Quantity
600.00
Unit Price

6.44 Factor

1.3346
Total
5,156.89Installation =x x
PHASE 2 SWO #8-Furnish and install Fiber Expansion Board outside perimeter of Community Buildings 8, 9, 10 & 11
3 07 92 13 00 0047 CLF 3/4" x 1" Joint, Polyurethane Sealant And Caulking $8,981.06 Quantity

10.00 Unit Price
672.94
Factor

1.3346
Total
8,981.06Installation =x x
PHASE 2 SWO #8-Furnish and install Joint Sealant/Caulking outside perimeter of Community Buildings 8, 9, 10 & 11
Subtotal for PHASE 2 SWO #8-Community Buildings 8, 9, 10 & 11 Fiber Expansion Board and Sealant (Caulk)
$14,137.95
PHASE 2 SWO #8-Engineered Drawings for Dewatering
4 01 22 20 00 0080 HR Principal Engineer
Quantity

40.00 $11,345.17
Unit Price
212.52
Factor

1.3346
Total
11,345.17Installation =x x
McMahon Engineering Construction Prepare Sheet Pile Shoring System Engineered Drawings for dewatering 5 01 22 20 00 0083 HR Draft Person $2,042.74
Quantity

20.00 Unit Price

76.53 Factor

1.3346
Total
2,042.74Installation =x x
McMahon Engineering Construction Prepare Sheet Pile Shoring System Engineered Drawings for dewatering Subtotal for PHASE 2 SWO #8-Engineered Drawings for Dewatering $13,387.91 PHASE 2 SWO #8-RFI #214-CMU Gap in Modular Restrooms on Cluster 4 & 5 6 05 75 00 00 2001 LS Fabricate and Install Sheet Metal and Angle to Secure the Plate to CMU Top in Modular Restroom Cluster 4 & 5
$4,962.27
Quantity Unit Price Factor Total
4,962.27NPP Installation =x x1.00 3,850.00 1.2889
PHASE 2 SWO #8-RFI #214-Fabricate and install sheet metal and angle to secure the plate to the CMU top Contractor's Price Proposal - Detail Page 1 of 3
5/22/2023

Contractor's Price Proposal - Detail Continues..

Work Order Number: 107752.08
Work Order Title: Victorville Wellness Center, phase 2 Supplemental #8 Subtotal for PHASE 2 SWO #8-RFI #214-CMU Gap in Modular Restrooms on Cluster 4 & 5
$4,962.27
PHASE 2 SWO #8-RFI #218 and Submittal No. 08.1-MAU Model Substitution 7 23 74 16 00 1002 LS Cafeteria Make Air Unit Model Substitution per Submittal No. 081.1 and New Roof Lined Ductwork
$19,660.12
Quantity Unit Price Factor Total
19,660.12NPP Installation =x x1.00 15,253.41 1.2889
PHASE 2 SWO #8-RFI #218 and Submittal No. 08.1-MAU Model Substitution and new roof lined ductwork Subtotal for PHASE 2 SWO #8-RFI #218 and Submittal No. 08.1-MAU Model Substitution
$19,660.12
PHASE 2 SWO #8-RFI #225-Modular Buildings Fire Riser Pipes Replacement 8 21 13 13 00 2001 LS Modular Building Fire Risers Replacement due to Cracks and Leaks $16,868.23 Quantity

1.00 Unit Price
13,087.31
Factor

1.2889
Total
16,868.23NPP Installation =x x
PHASE 2 SWO #8-RFI #225-Modular Buildings Fire Riser Pipes Replacement due to cracks and leaks Subtotal for PHASE 2 SWO #8-RFI #225-Modular Buildings Fire Riser Pipes Replacement
$16,868.23
PHASE 2 SWO #8-RFI #238-Cut Latches and Backing Interfering Door Opening 9 01 22 20 00 0006 HR CarpenterFor tasks not included in the Construction Task Catalog® and as directed by owner only.
$2,946.80
Quantity Unit Price Factor Total
2,946.80Installation =x x24.00 92.00 1.3346
PHASE 2 SWO #8-RFI #238-cut one side of latches and its backing to level the wood deck Subtotal for PHASE 2 SWO #8-RFI #238-Cut Latches and Backing Interfering Door Opening
$2,946.80
PHASE 2 SWO #8-RFI #248-Install Additional Deck Post Foundations 10 11
12 13
01 22 20 00 0006
01 22 20 00 0008
01 22 20 00 0027
03 31 13 00 0022
HR CarpenterFor tasks not included in the Construction Task Catalog® and as directed by owner only.
$982.27
Quantity Unit Price Factor Total
982.27Installation =x x8.00 92.00 1.3346
PHASE 2 SWO #8-RFI #248-Install additional deck post foundations [T&M to dig, prep, forms and pours foundations]
HR Cement MasonFor tasks not included in the Construction Task Catalog® and as directed by owner only.
$863.97
$875.18
Quantity Unit Price Factor Total
863.97Installation =x x8.00 80.92 1.3346
PHASE 2 SWO #8-RFI #248-Install additional deck post foundations [T&M to dig, prep, forms and pours foundations]
HR LaborerFor tasks not included in the Construction Task Catalog® and as directed by owner only.

Quantity Unit Price Factor Total
875.18Installation =x x8.00 81.97 1.3346
PHASE 2 SWO #8-RFI #248-Install additional deck post foundations [T&M to dig, prep, forms and pours foundations]
CY Direct Chute, Place 3,000 PSI Concrete Spread Footings $329.97 Quantity

1.00 Unit Price
247.24
Factor

1.3346
Total
329.97Installation =x x
PHASE 2 SWO #8-RFI #248-Install additional deck post foundations Subtotal for PHASE 2 SWO #8-RFI #248-Install Additional Deck Post Foundations
$3,051.39
PHASE 2 SWO #8-Submittal No. 083.3.1-RTU Model Substitution Contractor's Price Proposal - Detail Page 2 of 3
5/22/2023

Contractor's Price Proposal - Detail Continues..

Work Order Number: 107752.08
Work Order Title: Victorville Wellness Center, phase 2 Supplemental #8 PHASE 2 SWO #8-Submittal No. 083.3.1-RTU Model Substitution 14 23 74 16 00 1001 LS Cafeteria Roof Top Unit Model Substitution per Submittal No. 083.3.1 $3,182.50 Quantity

1.00 Unit Price
2,469.16
Factor

1.2889
Total
3,182.50NPP Installation =x x
PHASE 2 SWO #8-Submittal No. 083.3.1-RTU Model Substitution Subtotal for PHASE 2 SWO #8-Submittal No. 083.3.1-RTU Model Substitution
$3,182.50
Proposal Total $79,917.50
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.

The Percentage of NPP on this Proposal: 55.90%
Contractor's Price Proposal - Detail Page 3 of 3
5/22/2023

Subcontractor Listing
Date:

Re:

May 22, 2023
IQC Master Contract #:

Work Order #:

Owner PO #:

Title:

CA-R8-GB06-123021-ACI
107752.08
Victorville Wellness Center, phase 2 Supplemental #8
Angeles Contractor Inc.Contractor:

Proposal Value: $79,917.50
Duties Amount
$1,984.10
%Name of Contractor

CAL WEST CONTRACTING INC
Graycon Inc.

Carpentry 2.48

22.18 13.14
Mechanical HVAC $17,722.57
$10,500.00McMahon Engineering
Construction
Shoring Engineered Drawing

RADIX FIRE PROTECTION INC
Ultra Welding Inc.

Fire Protection $13,087.31
$3,850.00
$12,854.00

16.38 4.82Metal Fabrication
Westcon Construction Services,
Inc.

Concrete and Joint Sealant 16.08
Subcontractor Listing Page 1 of 1
5/22/2023

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.08
Victorville Wellness Center, phase 2 Supplemental #8

SECTION ITEM UOM DESCRIPTION
23 74 16 00 1002 LS Cafeteria Make Air Unit Model Substitution per Submittal No. 081.1 and New Roof Lined Ductwork
Install Price: 15,253.41 X Install Quantity: 1.00 =
X
=
Install Total: $15,253.41

1.2889Factor:

Line Item Total: $19,660.12
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
15,253.41G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
19,660.12 Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) *Approved subquote approved by Pacifica.Graycon 15,253.411.

2. 3.
$
$
$
Convert to Unit Price
Non-Prepriced Worksheet Page 1 of 104

ATTACHMENT FOR NPP ITEM 23741600-1002

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.08
Victorville Wellness Center, phase 2 Supplemental #8

SECTION ITEM UOM DESCRIPTION
05 75 00 00 2001 LS Fabricate and Install Sheet Metal and Angle to Secure the Plate to CMU Top in Modular Restroom Cluster 4 & 5
Install Price: 3,850.00 X Install Quantity: 1.00 =
X
=
Install Total: $3,850.00

1.2889Factor:

Line Item Total: $4,962.27
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
3850.00G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
4,962.27 Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) Ultra Welding Inc 3850.00 *Approved subquote approved by Pacifica.1.

2. 3.
$
$
$
Convert to Unit Price
Non-Prepriced Worksheet Page 27 of 104

ATTACHMENT FOR NPP ITEM 05750000-2001

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.08
Victorville Wellness Center, phase 2 Supplemental #8

SECTION ITEM UOM DESCRIPTION
21 13 13 00 2001 LS Modular Building Fire Risers Replacement due to Cracks and Leaks Install Price: 13,087.31 X Install Quantity: 1.00 =
X
=
Install Total:

Factor:
$13,087.31

1.2889
Line Item Total: $16,868.23
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
13,087.31G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
16,868.23
Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) *Approved subquote approved by Pacifica.1.

2. 3.

Radix $
$
$
13,087.31
Convert to Unit Price
Non-Prepriced Worksheet Page 53 of 104

ATTACHMENT FOR NPP ITEM 21131300-2001
Itemized Cost of Change Order
Radix Change Order #: CH1992
Customer:

Job Name:

Angeles Contractor, Inc.

VVWC Phase 2 Plans, Victorville

1. Material
Item
Unit
PriceQty Unit Total
1-1/4 RESI-RSR IN RE PRV 4 GA
1-1/4 CPVC COUPLING
1-1/4" RISER CLAMP
GAUGE ONLY 4" 0-300*PSI
Misc (screw, all thread rod, teflon, etc.)
7 7
7 7
1 $657.10 each $4,599.70
$16.17$2.31
$9.18
$22.04
each
each
each
$64.26
$154.28
$250.00
$5,084.41
$250.00 LOT
Direct Material Total→

4. Labor
Trade
Foreman
Laborer
Hourly
Rate
$68.29
$68.29
Hour
32 32
Note Total
$2,185.28
$2,185.28
$4,370.56Direct LaborTotal→

6. Rental / Equipment / Misc.

Item Unit Rate Note Total
Rental/Equipment Total→ $0.00

8. City Fees
Description Note Total
City FeesTotal→ $0.00

COST SUMMARY
1 2
Direct Materials
Material Mark Up
$5,084.41
$0.000% of line 1
3 4
5 6
Sales Tax on Materials
Direct Labor
Labor Mark Up
Rental/Equipment
Rental Mark Up

9.5% of line 1 $483.02
$4,370.56
$1,442.28
$0.00
33% of line 4
0% of line 67 $0.00
8 City Fees, if Any $0.00
9 10
12 SUBTOTAL
Office Overhead 10% of line 9
PROFIT 5% of line 9
$11,380.27
$1,138.03
$569.01
THIS CHANGE ORDER NET REQUEST→ $13,087.31

Save Lives. Save Property.®
Date: April 12, 2023

CHANGE ORDER
Angeles Contractor, Inc.
783 Phillips Drive
City of Industry, CA 91748-1147
Radix Change Order #: CH1992
Job Location: VVWC Phase 2 Plans, Victorville (Job #C04257) 16902 First St
Victorville, California 92395
Gentleman,
This CHANGE ORDER includes all Material, Labor and Equipment necessary to complete the following work:

Description Of Work:

We would like to request a change order for the replacement of damaged pipes and exterior risers in Buildings 1 to 7, due to cracks and leaks caused by cold freezing weather.

Reason for Change:

Unforeseeable job condition and not part of original bid scope of work.

1. 2.

This Change Order results in an addition of $13,087.31 to our contract amount.

Extension of Calendar days to the current schedule.0
Please review the attached pages for detailed Itemized Cost of this CHANGE ORDER.

Should you have any questions or require further clarification, please do not hesitate to contact us at (213) 765-0384 or contact Steve Lee by email at [email protected].

ACCEPTANCE:

Acceptance may be made by signing and returning one copy of this form or by forwarding us an acceptable form of your change order document.
___________________________ ____________________________ ___________ Signature Print Name & Title Date
1769 E. 23rd Street, Los Angeles, CA 90058 ● Toll Free (888) 611-FIRE ● www.radixfire.com

Contractor's Non-Prepriced Worksheet
Date: 5/22/2023
Re: Job Order
Title
107752.08
Victorville Wellness Center, phase 2 Supplemental #8

SECTION ITEM UOM DESCRIPTION
23 74 16 00 1001 LS Cafeteria Roof Top Unit Model Substitution per Submittal No. 083.3.1 Install Price: 2,469.16 X Install Quantity: 1.00 =
X
=
Install Total:

Factor:
$2,469.16

1.2889
Line Item Total: $3,182.50
For Work Performed with the Contractor's Own Forces:

A. Direct Labor Costs through Foreman Level
(Current Prevailing Wage Rate + Published Fringe Benefits) Direct Material Costs (Supported by 3 Quotes)*B.

1. 2.

3. $
$
$
For Work Performed By Subcontractors:
2,469.16G. Subcontractor Costs**
(Supported by Quotes) (This Should be the Price Entered into PROGEN)

1.2889H.

Contractor's Non Pre-Priced Adjustment Factor
3,182.50 Total Price for NPP Items being Performed by Subcontractors = G x H **Subcontractor Cost Quotes
(Attach quotes from listed suppliers/subcontractors. A Justification Letter must be attached if 3 quotes are not furnished.) *Approved subquote approved by Pacifica.Graycon 2,469.161.

2. 3.
$
$
$
Convert to Unit Price
Non-Prepriced Worksheet Page 79 of 104

ATTACHMENT FOR NPP ITEM 23741600-1001

Item Number: 18
City Council / Board of Directors
Written Communications
Meeting of: June 6, 2023
Submitted By:

Scott Webb, City Planner

Subject:

Consultant/Professional Services Provider Agreement with Symba Center as Wraparound Services Provider of the Interim Shelter and Wellness Center Recommendation:

That the Honorable City Council:
1) Approve a Consultant/Professional Services Provider Agreement with Symba Center, for an initial twenty-three (23) month term, through June 30, 2025, to provide the Wraparound Services at the Interim Shelter and Wellness Center that includes start-up funds in an amount not to exceed $1,312,565.00 that will be later reimbursed back to the City; and
2) Authorize non-substantive changes to the Consultant/Professional Services Provider Agreement, if necessary, as agreed upon by the City Manager and City Attorney.

Fiscal Impact:

The start-up funds in the amount of $1,312,565.00 identified in the Consultant/Professional Services Provider Agreement (“Agreement” – Attachment A) will be initially funded from Measure P and later reimbursed by Symba Center back to the City during the term of the Agreement. It is anticipated Symba Center’s operation will be self-sustainable within six months of operation. Once sustainable, Symba Center will not require City funds to continue operations and will utilize its reimbursements from insurance providers to fund their scope of services.

Account Expenditure
1054020W 52300 (Measure P Contract Services) $1,312,565.00 As mentioned in the discussion section of this staff report, the Agreement requires Symba Center to pay the City an established bed fee for recuperative care clients and a monthly license fee for the use of the medical clinic building at the Wellness Center for primary 3 1
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care services. These funds will be tracked as program income and used solely to support and maintain the Wellness Center and the services provided thereon. Based on initial projections, the bed fee for recuperative care clients and the medical clinic license fee is expected to generate $2,601,368.00 in revenue over the initial term through June 30, 2025.

Strategic Plan Goal:

This project aligns with Goal D, Strategy 1 in the 2020 Strategic Plan, “Reduce Homelessness” and “Establish a wellness and recuperative care center as a navigation resource and shelter for homeless and at-risk populations”.

Background:

Governments, at various levels, across the entire country are struggling to address increasing number of unsheltered and at-risk individuals who are living precariously and without stable housing. A variety of factors have contributed to the situation, including, but not limited to, economic factors, lack of affordable housing, lack of mental health services, a rise in substance abuse, and a wide range of other contributing factors.

Homelessness in the state of California has significantly increased over recent years and as of 2022, approximately half of the nation’s unsheltered homeless population reside in the state. According to the 2023 Point-In-Time Count (PITC) Report, the County of San Bernardino saw a 26% increase in homelessness from the prior PITC, with a total count of 4,195 homeless adults and children counted during the 2023 survey. More than one- third (39.9%) of unsheltered adults and children counted as homeless became homeless for the first time during the 12 months prior to the homeless count, and 44.1% of adults experiencing homelessness were chronically homeless, meaning they have been homeless for a year or more and have a disabling condition such as mental illness, a chronic health condition or a physical disability.

In 2023, Victorville remained the city with the second highest homeless population in the County at 607, second only to the city of San Bernadino at 1,502. Specific to Victorville’s homeless population, 19% were incarcerated during the last 12 months, 19.8% have a mental health disorder, 10.4% have a physical disability, and 33.5% have a substance use disorder.

Guided by our Homelessness Solutions Task Force, the City continues to address the homeless challenge within our community. Specific to our Homelessness Solutions Strategic Action Plan, the 4.5 acre, 170-bed Wellness Center currently under construction at 16902 First Street will provide an innovative, enhanced shelter model that will utilize a housing first approach to increase the number of beds available to our unsheltered population. This approach helps manage the impacts of homelessness while complying with Federal court determinations from Martin v. Boise, 1 which limits enforcement of illegal camping on public property to those times during which shelter beds are available to accommodate the City’s unsheltered population. Furthermore, our recuperative care model will provide a safe place to discharge homeless patients when they no longer 1 City of Boise v. Martin (2019) 920 F.3d 584.
3 1
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require hospitalization but still need to heal from an illness or injury. Our Wellness Center will allow individuals to continue their recovery and receive treatment for minor illnesses while case managers facilitate access to primary care, behavioral health services, and other supportive social services, such as transportation, food, and housing. Recuperative care saves taxpayer dollars, costs significantly less than extended hospital stays, and leads to fewer hospital re-admissions. Clients served are also more likely to find permanent housing.

Utilizing what was learned while aiding, assisting, and operating the seasonal warming shelter, the 24-hour emergency shelter, and the Interim Shelter, respectively, City staff concluded that a different approach would be needed to provide the highest level of care that will efficiently and effectively address the issues the homeless population face. This different approach includes improving on-site supportive services (medical, mental health, case management, etc.), enhancing outreach efforts, and seeking innovative ways to link individuals to permanent housing solutions.

Ultimately, the model that was deemed most appropriate was one in which an organization with expertise in shelter operations and one with expertise in wraparound services would be selected simultaneously. These two entities will work with City staff in a collaborative partnership designed to reduce and address homelessness utilizing evidence-based practices.

Currently, High Desert Homeless Services (“HDHS”) operates the Interim Shelter, located at Westwinds Sports Center 18241 George Blvd., and HDHS will continue to operate the Interim Shelter as a shelter operator until the transition to the Wellness Center takes place. As provided for in the proposed Agreement, Symba Center will assume all supportive services at the Interim Shelter, with the addition of recuperative care starting on August 1, 2023. During the transition period from the Interim Shelter to the Wellness Center, Symba Center will coordinate services with HDHS at the Interim Shelter and with the new shelter operator at the Wellness Center. In a separate agenda item, staff is recommending Hope the Mission (“HTM”) as the shelter operator of the Wellness Center.

HTM’s proposed agreement will designate a site Program Manager who will acclimate himself/herself and HTM with the current Interim Shelter operations and begin operational and logistical planning for the Wellness Center. This will ensure continuity of care and consistency for all current clients. Occupancy of the Wellness Center is expected to take place in the Fall of 2023.

Discussion:

Request for Proposal Process
On February 20, 2023, staff issued a Request for Proposal (RFP), pursuant to Section

2.28.280 of the Victorville Municipal Code to solicit a Wellness Center Wraparound Services (“WCWS”) Provider to oversee the on-site supportive services of the Interim Shelter and the Wellness Center once the facility is completed. The on-site supportive “Wraparound” services include the development of pathways toward permanent housing; assistance with income stabilization; medical and behavioral health services; 3 1
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recuperative care; substance abuse counseling; case management; job training/placemen; assistance with documentation readiness; etc. Two organizations responded to the RFP.

On March 16, 2023, a selection committee comprised of City staff evaluated the proposals submitted in response to the RFP in accordance with the following criteria:
• Organizational Experience;
• General Program Overview;
• Levels and Types of Services;
• Community Service Partners;
• Levels and Types of Services;
• Client Selection and Service Delivery;
• Participation in Coordinated Entry System;
• Annual Operating Budget; and
• Connection to and Knowledge of the Local Community.

Based on this evaluation criterion, staff are recommending that Symba Center serve as the Wellness Center Wraparound Services Provider. Symba Center has agreed to provide the full scope of core services outlined in the Agreement (Attachment A). These services include, but are not limited to, housing navigation, medical and behavioral health services, recuperative care, substance abuse counseling, case management, job training/placement, assistance with documentation readiness, and coordination with partner referral entities.

Symba Center History
Symba Center has provided services to the homeless population in the local Victor Valley Community for the last few years. Symba Center is a faith-based nonprofit, free clinic providing primary healthcare services to uninsured patients in the High Desert.

Pharmacists, Dr. Shawn Smith and Dr. Bowtie Brian founded Symba Center in 2019 with the shared purpose of improving community wellness by increasing access to healthcare for all individuals, especially those who are uninsured or homeless.

During the COVID-19 pandemic, Symba Center providers put themselves on the frontline to protect Victorville’s homeless community. They collaborated with homeless shelters, including the City’s Interim Shelter, to establish intake, quarantine, and testing protocols in accordance with CDC guidelines to prevent the spread of this deadly disease to the city’s vulnerable homeless population and homeless shelter staff. Symba Center conducted training for shelter staff on how to identify COVID-19 symptoms, the proper use of PPE and performed COVID-19 testing.

Symba Center continues to conduct wellness checks and chronic disease management for the most vulnerable in Victorville’s homeless shelters and for homeless individuals in San Bernardino County’s Project Roomkey. Symba Center is collaborating with Victor Valley College to bring case management services to college students experiencing 3 1
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homelessness. It also currently plays a pivotal role at the Interim Shelter, providing medical and mental health oversight for clients.

Symba Center has obtained an active contract with Inland Empire Health Plan (IEHP) and has a pending contract with Molina Healthcare to provide recuperative care and case management services. For reference, IEHP has provided a letter confirming Symba Center’s active contract (Attachment B). Symba Center is also in the process of obtaining State approval to provide primary care services from the Wellness Center’s medical clinic building.

Symba Center Staffing
Symba Center will maintain on-site staffing levels necessary to meet the level of care for the number of homeless clients served by the Interim Shelter and has agreed to interview/consider hiring existing staff employed by HDHS to fill some of the WCWS positions. The staffing plan proposed by Symba Center for the Interim Shelter and Wellness Center operations includes the following:

WCWS Interim Shelter Staff FTE
Administrative Specialist 1.0
Case Manager/Housing Navigators 5.0
Occupational Therapists 0.5
Dietitian Consultant 0.5
Licenses Vocational Nurse 4.5
Licensed Marriage and Family Therapist 1.0
Associate Marriage and Family Therapist 2.0
Nurse Practitioner (Medical) 0.5
Nurse Practitioner (Psychiatric) 0.5
Registered Nurse Case Manager 1.0
Substance Use Counselors 1.0
Wellness Services Director 0.75
Wellness Services Manager 1.0
Total 19.25
WCWS Wellness Center Staff FTE
Administrative Specialist 1.0
Case Manager/Housing Navigators 10.0
Occupational Therapists 0.5
Dietitian Consultant 0.5
Licenses Vocational Nurse 8.5
Licensed Marriage and Family Therapist 1.0
Associate Marriage and Family Therapist 4.5
Nurse Practitioner (Medical) 0.5
3 1
0 8
Nurse Practitioner (Psychiatric) 0.5
Registered Nurse Case Manager 1.0
Substance Use Counselors 2.0
Wellness Services Director 0.75
Wellness Services Manager 1.0
Total 32.25
Compensation Arrangement
After evaluating Symba Center’s operational model, which focuses on the partnership with the community at large (organizations, colleges, other government agencies), donations, volunteerism, grants, and contracts with Medi-Cal providers (which will provide revenue); staff anticipates Symba Center will effectively assist in offsetting the shelter operation and maintenance costs of the Wellness Center. Symba Center will also invest its own resources back into the community, specifically for permanent and/or permanent supportive housing.

Given that the City will be providing certain components of Symba Center’s operations, such as shelter, food, and utilities for Wellness Center clients, the compensation arrangement as explained in Section 4 of the Agreement (Attachment A) is summarized as follows:
•Start-Up Period Funding – The City will provide up to $1,312,565.00 in funding to assist Symba Center in providing services until service reimbursements are received from Medi-Cal providers. Symba Center is required to pay back to the City all start-up period funding by the close of Fiscal Year 2023/2024 and will self- sustain all required services for the duration of the Agreement, including any extensions.
•Recuperative Care Bed Fee – Symba Center will be authorized under the Agreement to utilize a minimum of 25 beds at the Interim Shelter and a minimum of 53 beds at the Wellness Center for recuperative care clients. Symba Center will receive funding from health insurance providers for eligible recuperative care clients that receive services at the Interim Shelter and Wellness Center. To offset the City’s operational cost, such as utilities, security, janitorial services, food, shelter and general maintenance, City staff have negotiated an initial $75 per day Recuperative Care Bed fee at the Wellness Center for the first 180 days or until operations commence at the Wellness Center, whichever occurs first. Following the initial 180 days or when operations commence at the Wellness Center, the fee will increase to $91.00 per day for each recuperative care bed in service. •Medical Clinic Fee – When the Wellness Center medical clinic building is certified for clinic use, Symba Center will be responsible to pay a monthly license fee of $10,000.00 to the City for use of the Medical Clinic to provide Out-Patient Services 3 1
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to clients of the Wellness Center and to those at risk of homelessness in the community.

Term
The term of this Agreement shall commence on August 1, 2023, and shall continue for twenty-three months (through June 30, 2025), as further detailed in Section 6 of the Agreement. The term of this Agreement may be extended for three (3) successive one- year terms upon mutual agreement of the parties.

Recommendation
Given the pressing need to address the service needs of the homeless population and reduce homelessness within the community, staff recommends that the City Council approve the Consultant/Professional Services Provider Agreement with Symba Center in an amount not to exceed $1,312,565.00 to serve as the Wraparound Services Provider at the Interim Shelter and Wellness Center for an initial term through June 30, 2025.

City staff and representatives from Symba Center will be available during the meeting for any questions the City Council may have.

Attachments: A. Symba Center Professional Services Provider Agreement B. Inland Empire Health Plan Letter

Attachment A

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

SYMBA CENTER
FOR

WELLNESS CENTER WRAPAROUND SERVICES
PROJECT NO. JM23-065

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated June 6, 2023 for reference purposes only, is made and entered into by and between the CITY OF VICTORVILLE, a California municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City” or “Victorville”, and SYMBA CENTER, a California non-profit corporation, hereinafter referred to as “Consultant”. City and Consultant are sometimes hereinafter referred to hereinafter individually as a “Party” and collectively as the “Parties”.

RECITALS:

WHEREAS, the City requires a Consultant/Professional Services Provider to provide Wraparound Services as described in the Request for Proposals (“RFP”) issued for Project No.

JM23-065 (the “Project”); and
WHEREAS, Consultant provided a response to the RFP for the Project and following an evaluation process was selected by the City to provide said Wraparound Services; and WHEREAS, Consultant represents and warrants that it is fully qualified, certified, and appropriately licensed to provide the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, Consultant represents that it has no known relationships with third parties, City Council members, or employees of the City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.); 2 CFR Part 200, or any other applicable law; (2) prevent Consultant from performing the terms of this Agreement; or (3) present a significant opportunity for the disclosure of confidential information; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Professional/Consultant to provide, on an independent contractor basis, Wraparound Services initially at Victorville’s Interim Shelter and then transitioning to provide said services at Victorville’s Wellness Center Campus as further set forth herein.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Section 1. RECITALS
The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated and made a substantive part of this Agreement by this reference.

Capitalized terms in the Recitals not defined therein shall have meanings set out in Section 3 of this Agreement.

Section 2. SCOPE OF SERVICES; TERMS AND CONDITIONS
a. The Scope of Services to be performed by Consultant involve providing Wraparound Services to Recuperative Care Clients and other residents/clients of the Wellness Center and providing Primary Medical Care Services to Wellness Center clients and those at risk of homelessness in the community (“Services”). The Services to be performed are more specifically described in Section II of the RFP for the Project, attached hereto as Exhibit “A-1” (with references to RFP attachments removed), and in Consultant’s response to said RFP attached hereto as Exhibit “A-2”, as such response has been modified and superseded by the Operating Budget and Staffing List as negotiated by the Parties and attached hereto as Exhibit “B”, as well as any other modifying provisions set forth in the main body of this Agreement. The Services shall include all items and procedures necessary to properly complete the work Consultant has been engaged to perform, whether specifically included in the attached Exhibits or not.
b. Consultant’s obligations hereunder shall further include all provisions and terms and conditions set forth in the RFP for the Project (including any City-issued Addenda pertaining thereto). Said RFP is incorporated and made part of this Agreement by this reference. To the extent there are any conflicts between the provisions set forth in the RFP and those contained in this Agreement, including any Exhibits, the provisions in this Agreement shall prevail. The foregoing notwithstanding, if a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, the RFP, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control.
c. A map of the Wellness Center Campus is attached hereto as Exhibit “C”. d. Attached Exhibit “A-1”; Exhibit “A-2”, Exhibit “B”, and Exhibit “C” are incorporated and made part of this Agreement by this reference.
e. Consultant has further agreed to initially provide the Services to the residents/clients of the City’s Interim Shelter and then transition to providing the Services at the Wellness Center as of the date provided in the written notice described in Section 5 hereof.

Section 3. DEFINITIONS
In addition to those terms defined elsewhere in this Agreement, the following capitalized terms when used herein shall have meanings set forth below:
“CalAIM” means California Advancing and Innovating in Medi-Cal. “In-Patient Services” means Wraparound Services and Recuperative Care (excluding Primary Medical Care Services rendered by Consultant at the Medical Clinic to ambulatory 2 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Wellness Center residents/clients and persons at risk of homelessness from the community) provided by Consultant to persons who are/were residing at the Interim Shelter or Wellness Center at the time such services were rendered..
“Including” or “Includes” means “include or including (as applicable) without limitation” and any list of examples following such term shall in no way restrict or limit the generality of the word or provision in respect of which such examples are provided. “Interim Shelter” means the currently operating the City-owned, 92-bed interim homeless shelter in the Westwinds Sports Center, located at 18241 George Blvd., Victorville, CA 92394, “Medical Clinic” means that certain building consisting of approximately 1,600 square feet (Building No. 1100) so identified on Exhibit “C”, to be used by Consultant to provide In-Patient, Out-Patient, and any other applicable Primary Medical Care Services at the Wellness Center Campus.
“Out-Patient Services” means Primary Medical Care Services rendered by Consultant at the Medical Clinic to ambulatory Wellness Center residents/clients and those persons at risk of homelessness from the community.
“Primary Medical Care Services” means the provision of diagnoses, preventative care, acute care, treatment of common viruses and diseases, and referrals to other providers for specialized treatment. Primary Medical Care Services do not include Wraparound Services or Recuperative Care.
“Recuperative Care” means post-acute medical care for homeless persons who are too ill or frail to recover from a physical illness or injury on the streets but who are not ill enough to be hospitalized.
“Recuperative Care Bed” or “RCB” means beds at the Wellness Center or the Interim Shelter dedicated to providing Recuperative Care.
“Recuperative Care Client” or “RCC” means an occupant of a RCB. “Start-up Period” means the first six (6) months of the term of this Agreement. “Subcontractor” means an individual, company, firm, corporation, partnership, or other organization, not in the employment of or owned by Consultant who is performing Services on behalf of Consultant under this Agreement or under a separate contract with or on behalf of Consultant. The term “Subcontractor” includes Consultant’s subconsultants, community service partners, independent contractors, and similar persons or entities. “Wellness Center Campus” means the City-owned 170-Bed, low barrier navigation center located at located at 16902 First Street Victorville, CA 92395, and the surrounding grounds.

Also referred to hereinafter as the “Wellness Center” or the “Campus”. “Wraparound Services” means and includes housing navigation, assistance with income stabilization, medical and behavioral health services, recuperative care, substance abuse counseling, case management, job training/placement, assistance with documentation readiness, and other related services that are provided to residents/clients of the Interim Shelter or Wellness Center and to those at risk of homelessness from the community. 3 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Section 4. COMPENSATION
a. In-Patient Services. During the Start-up Period, City shall pay to Consultant a total sum not to exceed ONE MILLION THREE HUNDRED TWELVE THOUSAND FIVE HUNDRED SIXTY FIVE AND 00/100 Dollars ($1,312,565), which sum represents the cost of faithful performance of the In-Patient Services to be rendered under this Agreement for said Start-up Period, based on the Operating Budget and Staffing List attached hereto as Exhibit “B”. (1) To receive payments, with the exception of an advancement of funds requested by the Consultant to cover the month of operations ahead, Consultant shall be required to submit to the City detailed monthly invoices which include, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any.

No expense reimbursements, including reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any reimbursements shall be made in accordance with any City policy governing same.

Provided that services have been satisfactorily rendered and that invoices submitted include the required detail, the City shall make payment approximately forty-five (45) working days following receipt of Consultant’s invoice. The City shall not provide any advancement of funds to the Consultant beyond the first month of this Agreement unless the Consultant has provided all proper invoicing to document the expenditure of the prior advancement of funds.
(2) Commencing as of the first day of the month immediately following the end of the Start-up Period, Consultant shall self-sustain all In-Patient Services to be provided beyond the Start-up Period, and for the duration of the term of this Agreement, including any extensions.
(3) Consultant shall maintain direct contracts with and obtain reimbursement for eligible services though applicable insurance providers including, Medi-Cal (CalAIM programs), Inland Empire Health Plan, and Molina, for In-Patient Services rendered. The Consultant is further responsible for and agrees to re-pay the City for all costs paid to Consultant by the City during the Start-up Period through the reimbursements it receives for In-Patient Services rendered.
(4) The City anticipates the Wellness Center Campus will begin to admit residents/clients who will require Consultant’s Services prior to December 31, 2023.

Consultant is responsible to pay the City a $75.00 per day fee for each Recuperative Care Bed (RCB) in service at the Interim Shelter and Wellness Center, starting on the Commencement Date (as hereinafter defined) of this Agreement and continuing for one hundred eighty (180) days or until operations commence at the Wellness Center, whichever occurs first. However, actual payment to the City of this $75.00 per day per day fee shall be deferred through January 31, 2024. Following the initial 180 day period or when operations commence at the Wellness Center, Consultant shall start paying the City a $91.00 per day fee for each RCB in service. The RCB fee amount may be revaluated annually on the anniversary of the Commencement Date of this Agreement and increased based on the equitable share of committed funding resources for the 4 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Project, as agreed upon by the City and Consultant. In addition to the audit and inspection rights in Section 25 hereof, Consultant shall provide the City with copies of its financial books and records for review on a quarterly basis.
(5) Consultant shall repay to the City all Start-up Period costs, including all RCB fees deferred as set forth above, not later than eleven (11) months after the Commencement Date of this Agreement.
b. Out-Patient Services. Commencing on the first day of the month following the date the Wellness Center Medical Clinic becomes operational as a State licensed clinic, which date the City will confirm by providing written notice to Consultant, Consultant shall be responsible to pay a monthly license fee of Ten Thousand Dollars ($10,000.00) to the City for use of the Medical Clinic to provide Out-Patient Services. However, actual payment of the initial monthly license fee may be deferred upon request by the Consultant for up to a six (6) month period following the operational start date of the Wellness Center Medical Clinic, after which time any deferred amount shall be paid to the City together with the then-current monthly license fee due.

The monthly license fee covers not only the use of the Medical Clinic building, but also includes furnishings; certain medical equipment; utilities (e.g., water, electricity, gas, telephone, and internet); IT equipment support; IT Client Management System; security; janitorial staff; property insurance; general building maintenance; and grounds landscaping, which the City provides. c. Daily Lists. As of the Commencement Date, Consultant shall maintain a daily list of clients that are receiving Recuperative Care services at the Interim Shelter or Wellness Center.

The daily lists shall be provided by the Consultant to the City each month with Consultant’s invoices during the Start-up Period and shall continue to be provided thereafter on a monthly basis when Consultant is providing payment to City.
d. Repayments and Fees. Consultant’s repayment of the Start-up Period costs and payment of the RCB and license fees to the City shall be tracked and reported as Program Income as required by the City’s grant funding sources and used solely to support and maintain the Wellness Center and the Services provided thereon.
e. Community Commitment. To the extent that Consultant receives funds associated with its operation or provision of Services at the Interim Shelter or the Wellness Center (whether through CalAIM reimbursements, fundraising, donations or otherwise) that are in excess of its operating costs, Consultant agrees to use such excess funds to reduce and address the needs of persons experiencing homelessness in the City and its bordering communities, including providing permanent housing, additional supportive and navigation services, or other similar measures. The City shall determine the existence of such excess funds as part of its quarterly review of Consultant’s financials.

Section 5. PROVISION OF SERVICES AT INTERIM SHELTER:

TRANSITION TO WELLNESS CENTER; OPERATING PLANS
City shall provide to Consultant sixty (60) days’ advance written notice of the date by which occupancy and operation of the Wellness Center is expected to occur, which date shall also be the date on which the transfer of residents/clients from the Interim Shelter to the Wellness Center shall begin. Thirty (30) days prior to the date provided in said notice, Consultant shall develop and submit to the City for approval the Wellness Center Operating Plan (“Plan”) described in Exhibit “A-1”. Such Plan shall be updated and maintained following City approval during the Term 5 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

of this Agreement.

Not less than Thirty (30) days prior to starting to provide Services at the Interim Shelter, including RCC services, Consultant shall update and submit to the City for approval an Interim Shelter Operating Plan.

Section 6. TERM OF AGREEMENT
The term of this Agreement shall commence on August 1, 2023 (the “Commencement Date”) and shall continue for twenty-three months (through June 30, 2025), unless terminated earlier pursuant to Section 21 of this Agreement or extended as set forth herein. Upon the mutual agreement of the Parties, the term of this Agreement may be extended for three (3) successive (but individual) one-year terms, unless: (1) the Parties amend this Agreement as provided for in Section 29; (2) the City gives Consultant written notice of its intent not to extend the Agreement and such notice is provided no later than one hundred eighty (180) days before the end of the then-current term; (3) or the Agreement is terminated earlier pursuant to Section 21. If the City gives Consultant a 180-day notice not to extend, the provisions relating to the Transition Period set out in Section 21.b of this Agreement shall apply.

Section 7. RECUPERATIVE CARE CLIENTS AND RCBs
At the Wellness Center, Consultant shall be able to provide Services to 53 Recuperative Care Clients (i.e., maintain 53 RCBs) at all times during the term of this Agreement. The City may authorize Consultant to increase the number of RCCs above 53 clients at any given time, but may also decrease the number of Recuperative Care Clients (RCCs) by limiting new RCCs so long as Consultant is still allowed to maintain a minimum of 53 RCCs at any given time. Consultant has been made aware that City’s Homekey Grant requires that at least thirty percent (30%) of the assisted units at the Wellness Center be restricted to occupancy by the Chronically Homeless, as defined in 24 CFR 578.3. and Consultant shall work with the City to maintain compliance.

Additionally, when eligible and to the extent feasible, homeless persons “residing” in the City of Victorville shall receive first consideration for available RCBs.

The above-mentioned RCB provisions within this Section shall also apply to the Interim Shelter with the understanding that Consultant would be allowed to maintain a minimum of twenty- five (25) RCBs at any given time.

Section 8. INDEPENDENT CONTRACTOR STATUS OF CONSULTANT
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any additional employees/personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees/personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees/personnel, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 6 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any additional employees/personnel performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described in this Agreement. Both Parties acknowledge that neither Consultant, nor any of its employees/personnel are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees/personnel after termination of this Agreement. c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.

Section 9. NOT AGENT OF THE CITY
a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. b. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever. c. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, personnel, Subcontractors, or agents are employees of the City.

Section 10. PRINCIPAL REPRESENTATIVES
a. Shawn R. Smith PharmD, Executive Director, or his/her designee is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Jenele Davidson, Deputy City Manager, or his/her designee (hereinafter “Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. The Project Manager is also authorized to perform the services administration and monitoring functions specified in Section 16 of this Agreement, and such other functions and duties as are specified elsewhere in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party. 7 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Section 11. STANDARD OF PERFORMANCE; WARRANTY; COMPLIANCE

WITH LAWS
a. Consultant shall perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is satisfactory to the Project Manager. Any of Consultant’s employees/personnel, Subcontractors, or volunteers (if any), who fail or refuse to perform the services in a manner acceptable to City, or who are determined by City, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely provision of Services, or a threat to the safety of persons or property, shall be promptly removed from the Project by Consultant at the request of the Project Manager or the City Manager.
b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided; Has carefully considered how the services and related work should be(3) performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement. c. Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including without limitation, all Cal/OSHA requirements; the conflict of interest provisions of Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.) and 2 CFR Part 200; and any other rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 12. FAMILIARITY WITH SERVICES
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Project Manager.

Section 13. CONFLICTS OF INTEREST
a. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee, or agent of Consultant having such interest shall be employed by it. Consultant further agrees to file, or shall cause its employees/personnel and/or Subcontractors to file, a Statement of Economic Interest (From 700) with the City Clerk if required by City’s Conflict of Interest Code or State law in the performance of the services. Consultant maintains and warrants that it has not employed nor retained any 8 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

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 the covenants and warranties in this Section, the City shall have the right to rescind or terminate this Agreement without liability.
b. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 14. STATE AND FEDERAL GRANT REQUIREMENTS
a. Homekey Program Requirements. Consultant has been advised and acknowledges that services being provided under this Agreement will be funded in whole or part by the City’s Homekey Program Round 2 Grant, a copy of which is on file in the City Clerk’s office and incorporated as part of this Agreement by this reference. In the performance of the Services, Consultant and its employees/personnel shall comply with all requirements of the Homekey Program and the City’s Grant and shall require its Subcontractors to likewise comply. Such requirements include, but are not limited to, the following, including any implementing federal regulations:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and the U.S. Department of the Treasury’s implementing regulations at 31 CFR Part 22; the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); and 2 CFR Part 200.
(2) In the performance of this Agreement, Consultant and any 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. Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Consultant and any 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 California Department of Housing and Community Development (the awarding state agency) to implement such article.

Consultant 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 9 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

or Agency shall require to ascertain compliance with this clause. Consultant 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.).
b. ARPA/CSLFRF Requirements. As the Homekey Program includes funding derived in whole or in part from federal assistance received by the State of California under the American Rescue Plan Act (“ARPA”) Pub. L. No. 117-2 (March 11, 2021), specifically, Sections 602 and 603 of the Social Security Act (the “Act”) as added by Section 9901 of the ARPA, which established the Coronavirus State and Local Fiscal Recovery Funds (the “CSLFRF”), Consultant and its employees/personnel shall comply with all applicable provisions of the ARPA/CSLFRF, including without limitation the Guidelines issued by the U.S. Treasury Department, and shall require its Subcontractors to likewise comply. Consultant shall further comply with the following requirements:
(1) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
(2) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Consultant understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Consultant shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities.

Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Consultant’s programs, services, and activities. (3) Consultant agrees to consider the need for language services for LEP persons when Consultant develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. (4) Consultant acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees, and assignees for the period in which such assistance is provided.
(5) Consultant and its Subcontractors, successors, transferees, and assignees shall comply with the assurances listed in Subsections (1)-(4) above and further shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal 10 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
c. Permanent Local Housing Allocation (PLHA) Requirements. Consultant and its employees/personnel shall comply with all appliable provisions of the City’s PLHA Grant, a copy of which is on file in the City Clerk’s office and incorporated as part of this Agreement by this reference, and shall require its Subcontractors to likewise comply. d. Other/Future Grant Fund Compliance Requirements. Consultant agrees to comply with all requirements applicable to the City’s grant funding sources identified in the Project RFP (including federal record-keeping, reporting, and other requirements set forth in 24 CFR Part 570, 24 CFR Part 578, and 2 CFR Part 200), as well as any additional requirements that may apply should the services being provided under this Agreement be funded by additional federal or state grants or sources of funding not specified herein. The City shall provide all necessary City grant documentation to Consultant to facilitate compliance.

Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of Two Million Dollars ($2,000,000) per claim and in the aggregate must be provided. (4) Sexual Abuse or Molestation (SAM) Liability, if the services/work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, a policy covering Sexual Abuse and Molestation with a limit no less than One Million Dollars ($1,000,000) per 11 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

occurrence or claim is required.
(5) Cyber Liability Insurance, with limits not less than Two Million Dollars $2,000,000 per occurrence or claim and Two Million Dollars ($2,000,000) aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (6) Crime Insurance, which includes the Employee Theft and Theft, Disappearance and Destruction coverage parts, in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000) per occurrence.
(7) Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. If any class of employees/personnel employed by the Consultant pursuant to an agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees/personnel to the satisfaction of the City. b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds. (2) Waiver of Subrogation. Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII. (4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages. (5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any 12 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. (6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Subcontractors. All Subcontractors shall provide insurance as required by the City.

As part of the Subcontractor approval process in Section 18, Consultant shall ensure that no Subcontractor shall perform any part of the Services until Consultant has provided evidence satisfactory to the City that the Subcontractor has secured insurance. d. Right to Modify Insurance Requirements. The City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section 16. ADMINISTRATION AND MONITORING OF CONSULTANT

SERVICES
a. The Project Manager, under the direction of the City Manager, is authorized to administer this Agreement on behalf of City, to monitor and evaluate all Services provided by Consultant, and to access all Services and activities provided and all facilities operated by Consultant under this Agreement as approved under Federal and State law. Facilities include all files, records, and other documents related to the performance of this Agreement, the Services provided pursuant to this Agreement, or the availability or receipt of other (non-City) funding for Services provided at the Wellness Center or the Interim Shelter. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on- going program functions. Consultant shall permit on-site inspection of the Services by the City and shall ensure that Consultant’s employees and board members furnish such information, as in the judgment of City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and/or achievement of the Services. The Project Manager shall also review and approve, or withhold payment of, invoices submitted by Consultant pursuant to Section 4 of this Agreement.
b. Consultant shall ensure that its employees and personnel: (i) are authorized to work in the jurisdiction in which they are assigned to perform the Services; (ii) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the City; and (iii) are not otherwise disqualified from performing the Services under applicable law. If requested by the City and not in violation of applicable law, Consultant shall conduct a background check, at Consultant’s sole expense, on all its employees and personnel providing Services. If requested by the City, Consultant shall provide the results of the background check of each individual to the City. Such background check shall be in the form generally used Consultant in its initial hiring of employees or contracting for personnel or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. In the City’s sole discretion, Consultant’s employees or personnel who do not meet the criteria set out in this Section 16.b, including having passed a background check when required by applicable law, shall not be assigned to work on City property or provide the Services, and City shall have the right, at its sole option, to refuse access to such Consultant employees or personnel to any City facility. If requested by the City and not in violation of applicable law, Consultant shall also conduct background checks in accordance with this subsection on any volunteers it may utilize to provide the Services.
13 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Section 17. SHARED ACCESS TO PREMISES AND LICENSE TO USE

MEDICAL CLINIC
a. For the purposes of providing the Services required under this Agreement, City hereby grants to Consultant, its duly authorized employees/personnel, and on a case-by-case as needed basis those Subcontractors approved by the City in accordance with Section 18 of this Agreement, a shared access license to use the Interim Shelter and the Wellness Center Campus, inclusive of the Medical Clinic, (hereinafter collectively the “Premises”), subject to compliance with the City’s standard administrative and security requirements and policies, and any shared use policies, schedules, or agreements that have been developed by the City governing occupancy and use of the Premises, as such may be modified from time-to-time. Consultant expressly acknowledges and agrees that such shared access license to use is nonexclusive and confers no leasehold, tenancy, or other property rights or interest in any building, grounds, or facility on the Premises, including the Medical Clinic, to Consultant, its employees/personnel, or Subcontractors. All Consultant’s employees/personnel, Subcontractors, and volunteers (if any) must clearly display on their persons a valid City approved identification card while on the Premises and/or performing Services thereon. While on the Premises or at any other City facility, Consultant, its employees/personnel, Subcontractors, and volunteers (if any) must:
(1) comply with City’s requests, rules, policies, and regulations regarding personal and professional conduct (including without limitation, the wearing of an identification badge and adhering to regulations, and general safety practices or procedures); and
(2) otherwise conduct themselves in a professional and businesslike manner. b. Consultant further acknowledges and agrees that Consultant will share access, use, and occupancy of certain buildings, facilities, and common areas of the Premises with City staff, City’s community service partners, the City’s designated interim and permanent Shelter Operator, and the Shelter Operator’s City-approved Subcontractors (if any), who will operate and provide shelter services and related components to residents at the Premises in accordance with the provisions of a Shelter Operator Agreement with the City. c.
building systems such as structural, foundation, sewer, roof, HVAC, plumbing, electrical, fire and life safety systems, as applicable. The City will also provide janitorial services and The City shall be responsible for maintenance and upkeep of the Premises’ major upkeep/landscaping of the grounds. Consultant shall promptly report any items in need of servicing or repair to the City and shall not in any way physically alter or improve any building, facility, or portion of the grounds of the Premises without the City’s prior written approval.

Consultant shall be responsible for the cost to repair any damage it causes to the Premises or any City-provided furnishings or fixtures therein or thereon. The City shall invoice Consultant for any such repairs (including appropriate back-up) and payment shall be remitted to the City within thirty (30) days of receipt by Consultant of the City’s invoice. d. The shared access license to use granted to Consultant by this Section 17 shall terminate with respect to the Interim Shelter on the date all shelter operations, services, and clients/residents have been fully transitioned from the Interim Shelter to the Wellness Center. The shared access license to use the Wellness Center shall run coterminous with the term of this Agreement and shall be revocable by the City upon any termination thereof. 14 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Section 18. COOPERATION AND FURTHER ACTS; SUBCONTRACTORS a. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents or agreements as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. Consultant further acknowledges that the provision of Services hereunder and its use of the Wellness Center pursuant to the provisions of Section 17, will require cooperation between and among Consultant, the City, the City’s Shelter Operator, any City-approved Subcontractors, and the City’s community service partners delivering additional services to Wellness Center clients/residents. To that end, Consultant agrees to take any additional acts or sign any additional documents or agreements as may be necessary, appropriate, or convenient to ensure cooperation and efficient delivery of Services. b. Consultant shall obtain City's written consent, which City may withhold in its sole discretion, before entering into contracts with or otherwise engaging any Subcontractors who may supply any part of the Services to City. Written consent of the City shall further be obtained by Consultant prior to allowing any of its Subcontractors to access the Premises or provide Services thereon. Consultant shall also obtain from the City such advance written consent for Premises access or providing Services with respect to any volunteers it may use. At the City's request, Consultant shall provide information regarding the Subcontractor's qualifications and a listing of a Subcontractor's key personnel including, if requested by the City, resumes of proposed Subcontractor personnel. Consultant shall remain directly responsible to City for its Subcontractors and shall indemnify City for the actions or omissions of its Subcontractors under the terms and conditions specified in Section 23 of this Agreement. All approved Subcontractors shall be subject to the provisions of this Agreement applicable to Consultant’s employees and personnel and for each such Subcontractor, Consultant shall:
(1) Be responsible for Subcontractor compliance with this Agreement and the subcontract terms and conditions; and
(2) Ensure that the Subcontractor follows City's reporting formats and procedures as specified by the City; and
(3) Include in the Subcontractor's subcontract substantially similar terms as are provided for in Sections 6 and 8 through 49 of this Agreement. c. Upon expiration or termination of this Agreement for any reason, the City will have the right to enter into direct agreements with any of the Consultant’s Subcontractors. Consultant agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct agreements with City.

Section 19. LICENSES AND PERMITS
Consultant represents and warrants that it has obtained and will maintain at all times during the term of this Agreement (and during any option or extension periods) all business licenses, including a City of Victorville business license, professional licenses or certifications, or permits necessary for performing the services described in this Agreement.

terms of this Agreement is not disposed of in a reasonable period of time by Consultant’s principal representative and the City's Project Manager, such matter shall be brought to the attention of the City Manager by way of the following process:
(1) Consultant shall submit to the City Manager a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Agreement, unless the City, on its own initiative, has already rendered such a final decision.
(2) Consultant's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Agreement, the Consultant shall include with the demand a written statement signed by its principal representative indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the cost adjustment for which the Consultant believes the City is liable.
b. Pending the final resolution of any dispute arising under, related to, or involving this Agreement, Consultant agrees to diligently proceed with the performance of this Agreement, including the delivery of goods and/or provision of services. The Consultant's failure to diligently proceed shall be considered a material breach of this Agreement. c. Any final decision of the City shall be expressly identified as such, shall be in writing, and shall be signed by the City Manager. If the City fails to render a decision within 90 days after receipt of the Consultant's demand, it shall be deemed a final decision adverse to the Consultant's contentions. Nothing in this Section shall be construed as affecting the City's right to terminate the Agreement for cause or for convenience as provided for in Section 21.

Section 21. TERMINATION
a. Termination by City. This Agreement may be terminated without cause (for convenience) by the City at any time by providing Consultant with at least thirty (30) days advance written notice of such termination.
b. Termination by Consultant. Consultant may terminate this Agreement without cause (for convenience) at any time but must provide the City at least one hundred eighty (180) days advance written notice prior to any such termination becoming effective. During such 180 days, in addition to continuing to provide the Services required by this Agreement (ongoing Services), Consultant shall provide transitional assistance as further described in the following subsections (the “Transition Period”).
(1) Transitional Assistance. During the Transition Period, Consultant agrees to provide transitional assistance to the City with respect to the Wellness Center Wraparound Services. Such assistance will include aid with respect to the transition of Consultant's existing responsibilities to its successor, advising City staff on industry matters and advising the City with respect to strategic alternatives. During the Transition Period, Consultant agrees to make itself reasonably available to provide transitional assistance reasonably requested by City, and not to enter into any other contract or obligation that would interfere in any way with Consultant's duties and responsibilities hereunder.
(2) Ongoing Services During Transition Period. Consultant agrees that there 16 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

shall be no degradation in the ongoing provision of all other Services required by this Agreement during the Transition Period, and that Consultant shall continue to meet all existing performance and reporting requirements.
c. Termination for Default. This Agreement may be terminated with cause (for default) by either Party at any time, provided that the Party initiating termination provides the other Party at least five (5) days advance written notice of such termination and further provided that any applicable cure periods as set forth in Section 43 hereof have expired. d. Compensation. In the event of any termination of this Agreement:
(1) City shall only be liable for payment to Consultant under the compensation provisions of this Agreement for satisfactory services rendered or supplies actually furnished by Consultant up to and including the date of termination. (2) Consultant shall be liable for and shall continue to make monthly payment to the City of all RCB and Medical Clinic license fees up to and including the date of termination.

Section 22.

Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. To the fullest extent permitted by law, Consultant shall immediately defend,

TIME OF THE ESSENCE
indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees. b. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
c. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

Section 24. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A-1” and the provisions of the RFP, Consultant shall prepare and submit reports to the City concerning Consultant's 17 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

performance of the services required by this Agreement.

Section 25. BOOKS AND RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Project Manager to evaluate the cost and the performance of such services.
b. Consultant shall maintain complete and accurate accounting records, in accordance with Generally Accepted Accounting Principles (GAAP) in the industry. Consultant shall also comply with 2 CFR. Part 200 regarding accounting principles and procedures therein, utilizing internal controls, and maintaining necessary source documentation for all costs incurred. c. City’s Project Manager, the State Department of Housing and Community Development, the State Department of General Services, the Bureau of State Audits, duly authorized federal entities as set forth in 2 CFR section 200.337, the Treasury Office of Inspector General and the Government Accountability Office, or their designated representatives, shall have full and free access to such books and records during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such records, and to allow interviews of any employees who might reasonably have information related to such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Project Manager and such entities as specified in Section 14 of this Agreement for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Agreement or the date of termination thereof, whichever date occurs later.

Section 26. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 COMPLIANCE
a. The Parties acknowledge the existence of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191, title II, §§ 261, 264(a)–(b), 110 Stat. 1936, 2021, 2033 (1996)) and its implementing regulations (collectively “HIPAA”). Consultant understands and agrees that, as a provider of treatment services, it is a “covered entity” under HIPAA and, as such, has obligations with respect to the confidentiality, privacy, and security of patients’ medical information, and must take certain steps to preserve the confidentiality of this information, both internally and externally, including the training of its staff and the establishment of proper procedures for the release of such information, including the use of appropriate consents and authorizations specified under HIPAA.
b. The Parties acknowledge their separate and independent obligations with respect to HIPAA and that such obligations relate to transactions and code sets, privacy, and security.

Consultant understands and agrees that it is separately and independently responsible for compliance with HIPAA in all these areas and that City has not undertaken any responsibility for compliance on Consultant’s behalf. Consultant has not relied, and will not in any way rely, on City for legal advice or other representations with respect to Consultant’s obligations under HIPAA but will independently seek its own counsel and take the necessary measures to comply with the law and its implementing regulations.
c. Consultant and City understand and agree that each is independently responsible for HIPAA compliance and agree to take all necessary and reasonable actions to comply with the 18 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

requirements of HIPAA related to transactions and code sets, privacy, and security. d. Each Party further agrees that, should it fail to comply with its obligations under HIPAA, it shall indemnify and hold harmless the other Party (including the other Party’s officers, employees, and agents) for damages to the other Party that are directly attributable to such failure.

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK
a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents, and information shall be returned to the City upon termination of this Agreement.
b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Project Manager or as required by applicable law. c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Project Manager, or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by the Project Manager.

Such materials may be used, reused, or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. INFORMATION SHARING; CONFIDENTIALITY
The Parties to this Agreement agree that the sharing of identified information and records as described in the Scope of Services and for this Agreement is needed in, and directly connected to, the administration of the Wellness Center. Furthermore, the Parties to this Agreement agree that the use of information and records described in this Agreement is needed, and directly connected to, the operations of Consultant and the City. Consultant and the City, as well as their respective officers, officials, employees, agents, servants, volunteers, and Subcontractors, shall maintain the confidentiality of all Wellness Center Client records obtained from Consultant and the City under this Agreement in accordance with California Welfare and Institutions Code Sections 5328, 10850 et seq., and 17006; HIPPA; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); the Confidentiality of Medical Information Act (California Civil Code Sections 56 through 56.16); and all other applicable Federal, State, or local laws, ordinances, regulations, and directives relating to confidentiality of information related to the provision of medical or mental health services.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
19 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

b. During the term of this Agreement, including any extensions (if applicable), the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper delivery of the Wellness Center Wraparound Services but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES; INTERPRETATION
This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by Section 2 and this Section 31, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Section 32. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To the City: Jenele Davidson, Deputy City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: SYMBA CENTER
Attn: Shawn R. Smith PharmD, Executive Director
20601 HWY 18, Suite 188
Apple Valley, CA 92307
20 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Consultant or to its successor(s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS
Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER
a. No waiver shall be binding unless executed in writing by the Party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK
The performance of services by Consultant or the payment of money by the City shall not relieve Consultant from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the City, when such incomplete, inaccurate or defective work is due to the negligence of Consultant.

Section 38. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the 21 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT
In the event either Party fails to perform its obligations under this Agreement, the non- defaulting Party shall provide the defaulting Party written notice of such default. The defaulting Party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting Party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting Party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the nature of the default creates an immediate danger to the health, safety, and general welfare, the defaulting Party shall take such immediate action as may be necessary or as prescribed in the written notice of default. Notwithstanding the foregoing, the non-defaulting Party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting Party fail to cure the default within the time periods provided in this Section, the non-defaulting Party shall have the right, in addition to any other rights or remedies the non-defaulting Party may have at law or in equity, to terminate this Agreement as set forth Section 21.b. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any Party's right to take legal action in the event that the default is not cured.

Section 44. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
22 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Section 45. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT
This Agreement shall not be binding upon the City, until signed by the authorized representative(s) of Consultant, approved by the City’s Risk Manager, and executed by the authorized City personnel or Mayor.

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT
a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. [END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
23 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE SYMBA CENTER
By: ______________________________ By: ___________________________ Shawn R. Smith PharmD
Executive Director
Debra Jones
Mayor
Dated: ___________________________ Dated: _________________________ ATTEST
By: ______________________________
Jennifer Thompson, City Clerk
Dated: ___________________________
APPROVED AS TO FORM:

By: ____________________________
Andre de Bortnowsky, City Attorney
Dated: _________________________

05.26.23 V4 05.31.23 SW EDITS 053123V4 INSUR.DOCX
24 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

EXHIBIT “A-1”

SCOPE OF SERVICES
[TO BE INSERTED]
25 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

EXHIBIT “A-1”
Victorville Wellness Center Wraparound Services Provider Scope of Services – Project JM23-065
A. Scope of Services General Description
The City is seeking a Wellness Center Wraparound Services (WCWS Provider) to provide a comprehensive program of support services and work in conjunction with the City, the Shelter Operator (SO), and the City’s Outreach Team (OT), to ensure continuity of care for up to 170 clients residing at the Wellness Center, as well as community members seeking services at the Wellness Center. The program shall not be faith-based, but shall provide safe shelter, basic needs, and navigation services to move clients out of homelessness and into permanent housing opportunities, and to help community members at risk of becoming homeless. The program would provide practices of integrative health care. The program should be trauma-informed and evidence-based. The WCWS Provider would be required to: (1) certify that its staff and/or trainees providing the services designated are adequately trained and prepared (and licensed, where applicable) according to the prevailing professional standards to provide such services; and (2) certify that it shall provide reasonable and adequate supervision of its staff and/or trainees providing the services.

The City also envisions that Wellness Center clients will be provided ample opportunities and support to be successful in permanent housing. It is important to the City that a significant number of clients exit to permanent housing successfully.

The WCWS Provider required services shall include, but not be limited to, those listed in the following table:

B. Wellness Center Wraparound Services (WCWS) Table
Table 1. Wraparound Services for Wellness Center
DescriptionService
Type
1 Medical
Health
Services
On-site medical clinic that will provide care to clients and the community; medical screenings and minor medical treatments not requiring hospitalization; coordinate treatment options with local off-site medical providers as needed; documenting contacts with individuals; maintaining confidential medical records; reporting serious medical conditions to case managers and SO as appropriate.

A WCWS Provider is needed to provide medical clinic services at the Wellness Center. The WCWS Provider will conduct routine medical examinations, treatment, chronic disease management activities, laboratory diagnostics, follow-up dispensing of medications to treat ailments, and referrals to specialty care. Clients identified as a result of testing or exams to need a higher level of medical care will be linked to specialty services. Health education materials, including information on chronic diseases, exercise, HIV, and STD prevention and treatment will also be provided. The health care services are targeted towards all occupants of the Wellness Center and the at-risk community at large who experience barriers to accessing health care or may lack any health care provider.

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EXHIBIT “A-1”
Victorville Wellness Center Wraparound Services Provider Scope of Services – Project JM23-065
2 Behavioral
Health
Services
Provide, partner, or subcontract for on-site mental health services for screenings, including alcohol and substance abuse; licensed rehabilitation counselors for counseling and to coordinate offsite treatment as needed; document all contacts with individuals; maintain confidential health records and report potential dangers to Case Managers and Shelter Operator as appropriate.

Examples of additional services that should be provided include:
•
•
•
•
•
•
•
Mental health services for adults, youth, and/or families One-on-one counseling sessions
Family counseling for program participants
Peer groups
Psychiatric care
Therapy
Medication Management
3 4
Transportation Staff/volunteers may transport a resident to necessary appointments as they Assistance relate to Wellness.

Veterans
Services
Refer/connect clients to services such as housing, food, medical services, job training and insurance, specifically veterans of the U.S. Armed Forces. 5 Job On/off-site preparation to include soft skills, technical skills; provide workshops for job searching and interviewing best practices and refer to employers and equip individuals to reenter the workforce.

Readiness &
Placement
Programs
6 7
Financial
Literacy
Class instruction on personal budgeting, setting up bill pay, money management, planning goals, career preparation, spending and credit.

Recuperative
Care
Provide recuperative care and transitional housing services to homeless adults discharged from hospitals. Recuperative care will be provided at the Wellness Center only. The WCWS Provider must be able to provide short term care and case management to individuals recovering from an acute medical/mental health illness or injury that does not necessitate hospitalization, but whose illness would be exacerbated by their living condition (i.e., unsuitable, or uninhabitable). The WCWS Provider will assist with housing stabilization, provide appropriate accommodations upon admission, promote proper hygiene with direct access to showers and laundry facilities, secure storage for personal belongings and medications (refrigerated storage for medications must be available), and provide meals. The WCWS Provider will also create a process to capture individuals on the street using a backdoor approach to providing care to individuals in need of recuperative care solutions.

Provider must provide and maintain any and all licenses and permits required by the City, County, State, and Federal government, as well as comply with any other legal and regulatory requirements imposed by applicable law. The WCWS Provider must provide and maintain all applicable insurance policies and requirements as set forth in the Agreement.

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EXHIBIT “A-1”
Victorville Wellness Center Wraparound Services Provider Scope of Services – Project JM23-065
Scope of Care: The scope of care and services provided in any initial recuperative care programs should include:
•
•
•
•
Clinical care for injuries/wounds, infectious and communicable diseases, chronic conditions, musculoskeletal conditions, and post- surgical/childbirth support.

Support from and referral to behavioral health and drug/alcohol services, as mental health and substance use issues are frequently co-occurring conditions for those experiencing homelessness.

Case management and care coordination to help clients overcome barriers to completing prescribed care and to connect to primary care providers for long-term support.

A trauma-informed, low barrier approach to services. Meeting clients “where they are” and addressing how to eliminate or mitigate barriers to participation is needed in order to meet the objectives of improving the health and housing outcomes of the individuals served in medical respite care, with concurrent reductions in the utilization of both emergency and in-patient hospital care.
8 Case Providers are required to have case management available to participants on Management site. All participants must be offered case management and must be engaged on an ongoing basis to encourage participation. Provider should recognize that it may take multiple contacts before a participant is ready to engage. Provider must ensure case management services are participant-centered to individual needs.

Programs must provide space for the provision of case management that works to create as much privacy and confidentiality as possible. Some case management tasks may include conducting intake/assessment of individuals upon entry and coordinate ongoing licensed drug/alcohol counseling, medical/behavioral health appointments, job training and employment activities and Veteran’s services. File incident reports and follow up services through placement.
9 Housing
Navigation
Provide initial housing assessment and subsequent housing navigation services.

Work closely with Housing Authority of the County (HACSB) and local homeless housing providers to identify and place suitable clients into permanent supportive housing as quickly as possible. Housing navigators may also be required to seek/solicit additional housing resources.
10 Substance Subcontract or design a program of treatment and rehabilitation tailored to a client’s Use Disorder needs related to drug or alcohol dependency. Provides individual counseling, Counseling
11 Legal
group sessions and track client’s progress.

Subcontract, partner, or provide legal assistance to address barriers to housing and stabilization.
12 Intake
Coordinator
The Provider will work collaboratively with the City, SO, and OT to utilize the Coordinated Entry System (CES) to process referrals and include an intake procedure for individuals who enter outside the normal coordinated entry system (i.e. “in-person” referral).

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EXHIBIT “A-1”
Victorville Wellness Center Wraparound Services Provider Scope of Services – Project JM23-065
C. Service Expectations
The WCWS Provider shall develop and maintain a Wellness Center Operating Plan that defines and incorporates best practices in service delivery to all populations and in support of shelter operations. Said Operating Plan, which is subject to review and approval by the City, will include the following approaches:

1. Housing-Focused. The program will use a Housing First, low barrier approach focused on ending homelessness for everyone as quickly as possible.

2. Client-Focused. The WCWS Provider and sub-contractors will drive solutions and programs that focus on meeting Client needs. The WCWS Provider will use assessment tools to ensure Clients have appropriate levels of care.

3. Trauma-Informed. The program will provide a strengths-based framework grounded in an understanding of and responsiveness to the impact of trauma. Such program emphasizes physical, psychological, and emotional safety for everyone, and creates opportunities for survivors to rebuild a sense of control and empowerment.

4. Evidence-based. Program to use the best available evidence for decision-making and providing efficient and effective care.

5. Training-focused. Provider(s) must establish a policy and procedure for onboarding new staff, including documentation of all trainings, and ensure regular updates to the annualized training completed by staff. Providers must complete mandatory staff trainings regarding safety, compliance and quality services provisions to best address the complex needs of the homeless populations served.

6. Stakeholder-Informed. Decisions about design, implementation, and review of results will be carried out with collaboration and input from a broad range of community stakeholders that form the Homelessness Solutions Task Force.

7. Respectful, Safe, Clean & Welcoming. Services shall be delivered in a respectful, safe, clean, and welcoming manner that incorporates broadly accepted best practices and facilitates client success.

8. Non-Discriminatory. Provider must have a non-discrimination policy in compliance with all federal and state laws. Non-discrimination policy must ensure that Provider’s programs and services do not discriminate based on the grounds of race, creed, color, sex, gender, gender identity, gender expression, sexual orientation, religion, ancestry, age, disability (including physical and mental disabilities), medical condition, genetic information, marital status, familial status, political affiliation, national origin, source of income, citizenship, primary language, immigration status, arbitrary characteristics as protected by the Unruh Civil Rights Act, and all other classes of individuals protected from discrimination under federal or state fair housing laws (e.g., Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)), individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes.

9. Language Accessible. Providers must have a Language Access Plan and accompanying guidance to ensure that participants with limited English proficiency can receive services in their desired language. Provider must provide training for all shelter staff on how to support limited English proficiency services.

10. Data-Driven. Data will be used to best serve each Client, assess the outcomes of programs, evaluate impact, inform changes, and guide investment to achieve maximum impact. The Operating Plan will include clear participation and integration with Homeless Management Information System (HMIS), Coordinated Entry System (CES) and the City’s Homelessness Solutions Coordinator.

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EXHIBIT “A-1”
Victorville Wellness Center Wraparound Services Provider Scope of Services – Project JM23-065

11. Accountable & Measurable. The Provider will be held accountable for results, using data to track goals and performance measures for each component and to ensure each Client is being well-served.

12. Client Feedback. Providers must establish a participant feedback policy and develop a feedback process that provides for ongoing opportunities for participants to voice opinions and provide feedback confidentially to the person in charge of the program Methods for receiving participant feedback can include exit interviews, surveys, focus groups and program meetings.

13. Innovative. The WCWS Provider will continuously evaluate opportunities to adapt practices to innovate new strategies to increase positive outcomes.

14. Reimbursement. The selected WCWS Provider will be required to work with Medi-Cal, Medicare, Molina Health Plan, Inland Empire Health Plan (IEHP), and/or other entities to obtain reimbursements for all qualifying services rendered at the Wellness Center by the WCWS Provider. These reimbursements will be utilized to offset the operational cost to the City.

D. Service and Outcome Objectives
The performance outcomes for the Wellness Center will be measured by criteria depicted, but not limited to, the objectives below. Additionally, the Respondent and all partner organizations will be responsible for complying with standards for Homeless Assistance, Homeless Management Information System (HMIS), CES, and all objectives/outcomes described in any grants being used to fund the Wellness Center Wraparound Services. All Wellness Center activities will be documented in monthly, quarterly and year-end reports in a format determined by the City.

Respondent staff will work closely with the City on programming and providing all the necessary documentation for invoicing and accounting.

1. Service Objectives. Service objectives for each program shall describe expectations around the quantity and quality of services provided; including but not limited to:
•
•
•
•
Number of unduplicated individuals to be served in the reporting period.

Number of services provided by service type.

Timeliness or frequency of service provision.

Quality of services

2. Outcome Objectives. Outcome objectives for each program shall measure the change in the Clients, community, or system because of the programs; including but not limited to:
•
•
•
•
•
Reduction in the length of time an individual remains homeless.

Reduction in the rate of returns to homelessness.

Improvements to an individual well-being and self-sufficiency.

Exit to permanent housing (subsidized or unsubsidized) during the year; and/or Client satisfaction with services, treatment, meals, and adherence to shelter standards of care.

E. Professional Practices
All professional services provided by the WCWS Provider under agreement with the City shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence, and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. WCWS Provider must warrant that it is familiar with all laws that may affect its performance of services and shall advise City of any changes in any laws that may affect its performance under its agreement with the City.

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EXHIBIT “A-1”
Victorville Wellness Center Wraparound Services Provider Scope of Services – Project JM23-065
WCWS Provider shall present to City the experience and/or qualifications of personnel prior to hiring.

F. Service Delivery Monitoring
The City Manager or his or her designee shall have the right to access all facilities and activities operated by WCWS Provider. “Facilities” includes all files, records, and other documents related to the performance of this Agreement, such as items covered under the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA). “Activities” includes attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of operations and ongoing program functions. Provider shall permit on-site inspection of the premises by City upon request of City. Upon request of City, the WCWS Provider and its employees and board members shall furnish such information as, in the judgment of City, may be relevant to the question of compliance with contractual conditions or the effectiveness, legality, and/or success of Provider’s services.

G. Reporting
WCWS Provider shall provide reports to City regarding program monitoring and outcomes, in a format to be determined by City. It is the goal of the City to have the WCWS Provider, the SO, the OT, and their subcontractors, if any, using the same or compatible software.

H. Community Service Partners
WCWS Provider shall engage community service partners, including but not limited to, mental health partners and domestic violence partners, on their own behalf or at the request of City. All community service partners shall be approved by the City Manager or his or her designee prior to performing services for sheltered clients and those at risk of homelessness.

I. Performance to Satisfaction of City
WCWS Provider agrees to perform all services to the complete satisfaction of the City. Periodic evaluations of the services will be conducted by the City Manager or his or her designee. At any time, the City has the discretion to assess and ensure the quality of services. The City in its sole discretion has the right to:
(a) Meet with Provider to review the quality of the services and resolve matters of concern; and/or (b) Require Provider to replace or provide alternative on-site project management staff or subcontractors should significant performance issues arise; and/or (c) Terminate Provider’s contract/agreement.

J. Reports
The Wellness Center Wraparound Services (WCWS) shall submit reports monthly to the City and, if requested by City, directly to the County. Data and due dates for the monthly reports will be items mutually agreed upon with the City, County, and data collected through HMIS.

K. Health Insurance Provider Agreements
WCWS Provider must be willing to enter into participating health insurance provider agreements (such as the Sample agreement provided in the RFP) and participate in the CalAIM program.

L. Additional Services
The WCWS Provider may also be required to provide certain components of the proposed Wraparound Services to occupants of the Interim Shelter in the event the planned opening of the Wellness Center facility is delayed, and/or to facilitate a smooth transition to the new Wellness Center.

Page 6 of 6 ends

EXHIBIT “A-2”
CONSULTANT’S RESPONSE TO RFP
[TO BE INSERTED]
26 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

EXHIBIT “B”

OPERATING BUDGET AND STAFFING LIST
(as negotiated and revised by the Parties)
[TO BE INSERTED]
27 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

20601 HWY 18, Suite 188
Apple Valley, CA 92307
(760) 515-2464
[email protected]
May 23, 2023
Operating Budget and Staffing List (Annualized)
WCWS Wellness Center Staff
Role FTE Salary Fringe @30% Total Per Hour ($)
Administrative Specialist/HR
Case Managers/HN
Occupational Therapist
Community Health Worker
Dietian Consultant
Licensed Vocational Nurse
LMFT Therapist
LMFT Associate

1.00 10.00

0.50 0.00

1.00 8.50

1.00 4.50

0.00 0.50

0.50 0.00

1.00 58,240.00
561,600.00
46,800.00
-
20,000.00
503,880.00
156,000.00
280,800.00
-
17,472.00
168,480.00
14,040.00
-
75,712.00 $
$

28.00 27.00
$45
730,080.00
60,840.00
- $ 18.50
- 20,000.00 Per Diem
151,164.00
46,800.00
84,240.00
-
21,750.00
21,750.00
-
655,044.00
202,800.00
365,040.00
-
94,250.00 Salary
94,250.00 Salary
$ 28.50

75.00 30.00
$
$
Medical Director Salary
Nurse Practitioner (medical recup)
Nurse Practitioner (psych recup)
Peer Support Specialist
Registered Nurse Case Manager
On call time
Substance Abuse Counselor
Wellness Services Director
Wellness Center Manager
Total
72,500.00
72,500.00
- - $
$

18.00 42.0087,360.00 26,208.00 113,568.00
56,420.00
146,016.00
120,000.00 Salary
156,000.00 Salary

2.00 0.75

1.00 112,320.00
120,000.00
120,000.00
2,212,000.00
33,696.00 $ 27.00
36,000.00
621,600.00 2,890,020.0032.25
1 Operating Budget and Staffing List (Annualized)
WCWS Interim Shelter Staff
Role FTE Salary
58,240.00
Fringe @30%
17,472.00
Total
75,712.00
Per Hour ($)
Administrative Specialist/HR
Case Managers/HN
Occupational Therapist
Community Health Worker
Dietian Consultant
Licensed Vocational Nurse
LMFT Therapist
LMFT Associate

1.00 5.00

0.50 0.00

0.50 4.50

1.00 2.00

0.00 0.50

0.50 0.00

1.00 $
$
$
$

28.00 27.00

45.00 18.50
280,800.00
46,800.00
-
10,000.00
266,760.00
156,000.00
124,800.00
-
84,240.00
14,040.00
-
365,040.00
60,840.00
-
- 10,000.00 Per Diem
80,028.00
46,800.00
37,440.00
-
21,750.00
21,750.00
-
346,788.00
202,800.00
162,240.00
-
94,250.00 Salary
94,250.00 Salary
$ 28.50

75.00 30.00
$
$
Medical Director Salary
Nurse Practitioner (medical recup)
Nurse Practitioner (psych recup)
Peer Support Specialist
Registered Nurse Case Manager
on call time
Substance Abuse Counselor
Wellness Services Director
Wellness Services Manager
Total
72,500.00
72,500.00
- - $
$

18.00 42.0087,360.00 26,208.00 113,568.00
14,105.00
73,008.00
156,000.00 Salary
156,000.00 Salary

1.00 0.75

1.00 56,160.00
120,000.00
120,000.00
16,848.00
36,000.00
36,000.00
$ 27.00

19.25 1,471,920.00 438,576.00 1,924,601.00
2 Operating Budget and Staffing List (Annualized)
WCWS Operating Expenses
Professional Development (Training, etc)
Payroll / Accounting
$
$
$
$
4,500.00
12,000.00
7,800.00Grant Management
Office Expenses 40,000.00
OTC medications/medical supplies for
recuperative care $ 90,000.00
Software
Computers
Insurance $
$
$
$
$
$
$
12,500.00
Gas/Vehicle/Travel
Vehicle Lease
License/Fees
Membership Fees
Miscellanseous Fees
Total Operating
22,000.00
11,520.00 2 vehicles @ $480 per month
2,500.00
5,000.00
10,000.00
217,820.00
3 EXHIBIT “C”
Diagram of Wellness Center Campus
[TO BE INSERTED]
28 Consultant / PSP Agreement / Symba Center - Project JM23-065 / Wellness Center Wraparound Services

Exhibit "C" - Victorville Wellness Center Campus Map
Note: the subject campus map is provided to give a general understanding of campus layout and is subject to change.

Attachment B

May 23, 2023

Antoinette Jackson
Homeless Solutions Manager, Planning Department
City of Victorville
14343 Civic Drive
Victorville, CA 92392

Dear Antoinette Jackson,

Effective April 1, 2023, Symba Center has an active contract with Inland Empire Health Plan through CalAIM Community Supports for the following services:

1. Recuperative Care

2. Housing Transition Navigation Services

Sincerely,

JEANNA KENDRICK, RN, BSN
Vice President
Health Services Clinical Integration & Operations
Item Number: 19
City Council / Board of Directors
Written Communications
Meeting of: June 6, 2023
Submitted By:

Scott Webb, City Planner

Subject:

Consultant/Professional Services Provider Agreement with Hope the Mission as Shelter Operator of the Wellness Center
Recommendation:

That the Honorable City Council:
1) Approve a Consultant/Professional Services Provider Agreement with Hope the Mission, for an initial twenty-three (23) month term through June 30, 2025, to provide the Shelter Operator services at the Wellness Center in an amount not to exceed $6,254,296.57; and
2) Authorize non-substantive changes to the Consultant/Professional Services Provider Agreement, if necessary, as agreed upon by the City Manager and City Attorney.

Fiscal Impact:

The initial 23-month term of the Consultant/Professional Services Provider Agreement (“Agreement” – Attachment A) will be funded from a Homekey Round 2 operational subsidy (Account 2700011-52300-97063), the City’s annual Permanent Local Housing Allocation (Account 2704020-52300-20494), and revenue received as program income from the Wellness Center Wraparound Services (WCWS) Provider. Measure P funds (Account 1054020W 52300) will serve as a backstop to fund any unrealized revenue from the WCWS Provider.

Strategic Plan Goal:

Governments, at various levels, across the entire country are struggling to address the increasing number of unsheltered and at-risk individuals who are living precariously and without stable housing. A variety of factors have contributed to the situation, including, but not limited to, economic factors, lack of affordable housing, lack of mental health services, a rise in substance abuse, and a wide range of other contributing factors.

Guided by our Homelessness Solutions Task Force, the City continues to address the homeless challenge within our community. Specific to our Homelessness Solutions Strategic Action Plan, the 4.5 acre, 170-bed Wellness Center currently under construction at 16902 First Street will provide an innovative, enhanced shelter model that will utilize a housing first approach to increase the number of beds available to our unsheltered population. This approach helps manage the impacts of homelessness while complying with Federal court determinations from Martin v. Boise1 which limits enforcement of illegal camping on public property to those times during which shelter beds are available to accommodate the City’s unsheltered population. Furthermore, our recuperative care model will provide a safe place to discharge homeless patients when they no longer require hospitalization but still need to heal from an illness or injury. Our Wellness Center will allow individuals to continue their recovery and receive treatment for minor illnesses while case managers facilitate access to primary care, behavioral health services and other supportive social services, such as transportation, food, and housing. Recuperative care saves taxpayer dollars, costs significantly less than extended hospital stays, and leads to fewer hospital re-admissions. Clients served are also more likely to find permanent housing.

In May 2022, High Desert Homeless Services (HDHS) was awarded the contract to replace Illumination Foundation as the Lead Operator of the 92-bed Interim Shelter, 1 City of Boise v. Martin (2019) 920 F.3d 584.
3 1
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located at Westwinds Sports Center 18241 George Blvd., and assumed operations on July 1, 2022.

After a six-month review of HDHS’s progress as the Interim Shelter Lead Operator and in assessing the capacity needed to meet the level of care for the projected 170 clients at the Wellness Center, staff felt it was appropriate to pivot from the typical single organization led shelter operation to a multi-organizational approach, seeking operators that specialize in shelter and/or supportive services, particularly medical services.

Discussion:

Request for Proposal (RFP) Process
On March 14, 2023, staff issued a Request for Proposal (RFP), pursuant to Section

2.28.280 of the Victorville Municipal Code, to solicit a Wellness Center Shelter Operator to perform and provide shelter operations, coordinate services with other entities, and work in tandem with the City at the Wellness Center once the facility is completed. Four (4) Wellness Center Shelter Operator applications were received.

On April 5, 2023, a selection committee comprised of City staff evaluated the proposals submitted in response to the RFP in accordance with the following criteria:
• Organizational Experience;
• General Program Overview;
• Levels and Types of Services;
• Community Service Partners;
• Client Selection and Service Delivery;
• Participation in Coordinated Entry System;
• Annual Operating Budget; and
• Connection to and Knowledge of the Local Community.

Based on the above evaluation criterion, staff is recommending that Hope the Mission serve as the Wellness Center Shelter Operator. Hope the Mission has agreed to provide the core services outlined in the Services Agreement (Attachment A). These services include but are not limited to services necessary to maintain the day-to-day operation of the shelter component of the Wellness Center, which will include facility maintenance, security, meals, laundry, intake coordination, animal kennel and pet care assistance, exits/removals, transportation, and coordination with other service providers to achieve wellness for persons experiencing homelessness who are being housed at the Wellness Center.
3 1
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Transition from Interim Shelter to Wellness Center
Although City staff have not selected HDHS as the top choice for the Wellness Center Shelter Operator, HDHS staff remain committed to providing shelter services at the Interim Shelter until all the clients transition to the Wellness Center. City staff still value our relationship with HDHS and will continue to seek ways to partner with and support their organization in the future.

As provided for in a separate agreement for the WCWS Provider and an amended agreement with HDHS, the WCWS Provider will assume all supportive services at the Interim Shelter with the addition of recuperative care on August 1, 2023. The WCWS Provider will coordinate services with HDHS at the Interim Shelter and with the proposed shelter operator, Hope the Mission, at the Wellness Center. Hope the Mission’s Agreement (Attachment A) designates a site Program Manager who will acclimate themself with the Interim Shelter operations and begin operational and logistical planning for the Wellness Center starting on August 1, 2023. This will ensure continuity of care and consistency for all current clients. Occupancy of the Wellness Center is expected to take place in the Fall of 2023.

The History of Hope the Mission
Established in 2009, Hope the Mission, previously known as Hope of the Valley Rescue Mission, has quickly become a leading provider of housing and homeless services in the Greater Los Angeles County Area. Hope the Mission's mission is to prevent, reduce, and eliminate poverty, hunger, and homelessness. They accomplish this by offering immediate assistance and long-term solutions without discrimination. Hope the Mission takes a holistic approach to full rehabilitation based on the emotional, physical, relational, occupational, spiritual, and financial needs of each client. Their two-pronged approach starts with crisis intervention and then bridges clients, when they are ready, into long-term services that address chronic obstacles. Hope the Mission is an independent 501 (c)(3) inclusive faith-based nonprofit organization that does not discriminate based on gender, age, ethnicity, sexual orientation, religious affiliation, or lack thereof. Their services are grounded in a deep respect for the dignity inherent in every human being.

In 2009, Hope the Mission began as a small program run out of San Pablo Lutheran Church in Sun Valley where volunteers cooked and served hot meals to homeless men, women, and children. Hope the Mission has since expanded to 15 shelters with over 1,360 beds. Additional information about Hope the Mission’s organization can be found in Exhibit “A-2” of the Agreement.

Hope the Mission is committed to expanding to the County of San Bernardino as they were also recently awarded a new contract with the City of San Bernardino. They will be conducting outreach services and development with the goal of being the shelter operator of San Bernardino’s forthcoming Navigation Center.

Hope the Mission is currently looking for a Regional Director to engage with the Continuum of Care (CoC), Interagency Council on Homelessness (ICH), and local leaders 3 1
3 3
to ensure responsive services for the City of Victorville and other organizations they are contracted with. Hope the Mission will begin these county efforts with a Regional Director and intends to expand designated administrative staff to San Bernardino County based on contractual needs to ensure program management is effectively conducted.

Hope the Mission Staffing
Once the Wellness Center is operational, Hope the Mission will maintain on-site staffing levels necessary to meet the level of care for clients and has agreed to interview and/or consider hiring existing staff employed by HDHS to staff some of their positions. The staffing proposed by Hope the Mission includes the following:

Hope the Mission’s operational model focuses on partnerships with the community, donations, volunteerism, operating local thrift stores, advocating for funding, and overall building of capacity. City staff anticipate that Hope the Mission will successfully supplement some of the shelter costs associated with operating the Wellness Center.

Term
The term of this Agreement shall commence on August 1, 2023, and will continue for twenty-three months (through June 30, 2025), as further detailed in Section 6 of the Agreement. The term of this Agreement may be extended for three (3) successive one- year terms upon mutual agreement of the parties.

Recommendation
Given the pressing need to address homelessness within the community and ensuring that our unsheltered and sheltered residents are provided the highest level of care, staff is recommending that the City Council approve the Agreement with Hope the Mission in an amount not to exceed $6,254,296.57 to administer the shelter operations of the Wellness Center for an initial term through June 30, 2025.

Staffing for Wraparound Service Provider FTE
Program Manager 1
Program Coordinator 1
Intake Specialist 2
Client Service Monitor 21
Data Coordinator 1
Driver 2
Kitchen Manager 1
Lead Chef 1
Kitchen Staff 4.2
Security Guards 2
Total 36
3 1
3 3
City staff and representatives from Hope the Mission will be available at the meeting for any questions the City Council may have.

Attachments: A. Hope the Mission Professional Services Agreement

Attachment A

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

HOPE THE MISSION
FOR

WELLNESS CENTER SHELTER OPERATOR
PROJECT NO. JM23-090

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this 6th day of June, 2023 for reference purposes only, is made and entered into by and between THE CITY OF VICTORVILLE, a California municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City” or “Victorville”, and HOPE THE MISSION, a California non-profit corporation, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to hereinafter individually as a “Party” and collectively as the “Parties”.

RECITALS:

WHEREAS, the City requires a Consultant/Professional Services Provider to provide Shelter Operator Services as described in the Request for Proposals (“RFP”) issued for Project No. JM23-090 (the “Project”); and
WHEREAS, Consultant provided a response to said Project RFP, and following an evaluation process was selected by the City to provide said Shelter Operator services; and WHEREAS, Consultant represents and warrants that it is fully qualified, certified, and appropriately licensed to provide the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.), 2 CFR Part 200, or any other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information; and WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Professional/Consultant to provide, on an independent contractor basis, Shelter Operator Services at Victorville’s Wellness Center Campus, and certain Changeover Services at the Victorville Interim Shelter, on the terms and conditions set forth herein.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Capitalized terms in the Recitals not defined therein shall have meanings set out in Section 3 of this Agreement.

Section 2. SCOPE OF SERVICES; TERMS AND CONDITIONS
a. The Scope of Services to be performed by Consultant generally involves providing Shelter Operator Services to residents/clients of the Wellness Center (“Services”). The Services to be performed are more specifically described in Section II of the RFP for the Project, attached hereto as Exhibit “A-1” (with references to RFP attachments removed), and in Consultant’s response to said RFP attached hereto as Exhibit “A-2”, as such response has been modified and superseded by the Operating Budget and Staffing List as negotiated by the Parties and attached hereto as Exhibit “B”, as well as any other modifying provisions set forth in the main body of this Agreement. The Services shall include all items and procedures necessary to properly complete the work Consultant has been engaged to perform, whether specifically included in the attached Exhibits or not.
b. Consultant’s obligations hereunder shall further include all provisions and terms and conditions set forth in the RFP for the Project (including any City-issued Addenda pertaining thereto). Said RFP is incorporated and made part of this Agreement by this reference. To the extent there are any conflicts between the provisions set forth in the RFP and those contained in this Agreement, including any Exhibits, the provisions in this Agreement shall prevail. The foregoing notwithstanding, if a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, the RFP, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control.
c. A map of the Wellness Center Campus is attached hereto as Exhibit “C”. d. Attached Exhibit “A-1”; Exhibit “A-2”, Exhibit “B”, and Exhibit “C” are incorporated and made part of this Agreement by this reference.
e. Consultant has further agreed to initially provide Changeover Services to ensure continuity and a smooth transition of shelter operations and residents/clients from the Interim Shelter to the Wellness Center and then transition to providing the Services at the Wellness Center as of the date provided in the written notice described in Section 5 hereof.

Section 3. DEFINITIONS
In addition to those terms defined elsewhere in this Agreement, the following capitalized terms when used herein shall have meanings set forth below:
“Including” or “Includes” means “include or including (as applicable) without limitation” and any list of examples following such term shall in no way restrict or limit the generality of the word or provision in respect of which such examples are provided. 2 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

“Interim Shelter” means the currently operating the City-owned, 92-bed interim homeless shelter in the Westwinds Sports Center, located at 18241 George Blvd., Victorville, CA 92394.
“Changeover Services” means initial and temporary services to be provided by an individual/site program manager designated by Consultant to ensure operating continuity and a smooth transition of clients/residents and operations from the Interim Shelter to the Wellness Center.
“Subcontractor” means an individual, company, firm, corporation, partnership, or other organization, not in the employment of or owned by Consultant who is performing Services on behalf of Consultant under this Agreement or under a separate contract with or on behalf of Consultant. The term “Subcontractor” includes Consultant’s subconsultants, community service partners, independent contractors, and similar persons or entities. “Wellness Center Campus” means the City-owned 170-Bed, low barrier navigation center located at located at 16902 First Street Victorville, CA 92395, and the surrounding grounds. Also referred to hereinafter as the “Wellness Center” or the “Campus”. “Wraparound Services” means and includes housing navigation, assistance with income stabilization, medical and behavioral health services, recuperative care, substance abuse counseling, case management, job training/placement, assistance with documentation readiness, and other related services that are provided to residents/clients of the Interim Shelter or Wellness Center.

Section 4. COMPENSATION
a. The City shall pay to Consultant a total sum not to exceed SIX MILLION TWO HUNDRED FIFTY FOUR THOUSAND TWO HUNDRED NINETY SIX AND 57/100 DOLLARS ($6,254,296.57) for faithful performance of the Services to be rendered under this Agreement during the twenty-three month term, based on the Operating Budget and Staffing List attached hereto as Exhibit “B”. The Parties acknowledge and agree that said sum includes an estimated monthly amount of $8,000, which amount represents the approximate monthly compensation for the Changeover Services to be provided by Consultant, which are anticipated to be required for the period of time described in Section 5. Utilization of the full Operating Budget and Staffing List, provided in Exhibit “B”, shall not be authorized by the City for work and payment until fourteen (14) days prior to the occupancy and operation date described in Section 5. b. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, a description of all services/tasks performed (including occupancy data, services provided to clients, and client intake and exit data), the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any. No expense reimbursements, including reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any reimbursements shall be made in accordance with any City policy governing same. Provided that services have been satisfactorily rendered and that invoices 3 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

submitted include the required detail, the City shall make payment approximately forty-five (45) working days following receipt of Consultant’s invoice.

Section 5. INTERIM SHELTER CHANGEOVER SERVICES; TRANSITION TO WELLNESS CENTER; OPERATING PLAN
a. Effective on the Commencement Date of this Agreement (as hereinafter defined), Consultant shall designate a site program manager who shall immediately commence providing Changeover Services to the City to facilitate the smooth transition of residents/clients and operations from the Interim Shelter to the Wellness Center. b. City shall provide to Consultant sixty (60) days’ advance written notice of the date by which occupancy and operation of the Wellness Center is expected to occur, which date shall also be the date on which the transfer of residents/clients from the Interim Shelter to the Wellness Center shall begin. Thirty (30) days prior to the occupancy and operation date provided in said notice, Consultant shall develop and submit to the City for approval the Wellness Center Shelter Operating Plan (“Plan”) described in Exhibit “A-1”. Such Plan shall be updated and maintained following City approval during the term of this Agreement.

Section 6. TERM OF AGREEMENT
The term of this Agreement shall commence on August 1, 2023 (the “Commencement Date”) and shall continue for twenty-three (23) months (through June 30, 2025), unless terminated earlier pursuant to Section 21 of this Agreement or extended as set forth herein. Upon the mutual agreement of the Parties, the term of this Agreement may be extended for three (3) successive (but individual) one-year terms, unless: (1) the Parties amend this Agreement as provided for in Section 29; (2) the City gives Consultant written notice of its intent not to extend the Agreement and such notice is provided no later than one hundred eighty (180) days before the end of the then-current term; or (3) the Agreement is terminated earlier pursuant to Section 21. If the City gives Consultant a 180-day notice not to extend, the provisions relating to the Transition Period set out in Section 21.b of this Agreement shall apply.

Section 7. ASSISTED UNITS REQUIREMENTS
Consultant has been made aware that City’s Homekey Grant requires that at least thirty percent (30%) of the assisted units at the Wellness Center be restricted to occupancy by the Chronically Homeless, as defined in 24 CFR §578.3. Consultant shall work in tandem with the City and the Wraparound Services provider to maintain compliance.

Section 8. INDEPENDENT CONTRACTOR STATUS OF CONSULTANT
a. City retains Consultant on an independent contractor basis and not as an employee. The Parties hereto warrant and represent that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. Any additional employees/personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such employees/personnel in connection with their performance of Services under this Agreement and 4 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

as required by law. Consultant shall be responsible for all reports and obligations respecting such additional employees/personnel, including: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. b. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or between the City and any additional employees/personnel performing the Services under this Agreement on behalf of Consultant. The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other compensation or benefits to any person employed by Consultant to perform the services described in this Agreement. Both Parties acknowledge that neither Consultant, nor any of its employees/personnel are considered City employees for state or federal tax purposes or for any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement shall be interpreted to imply that the Parties must maintain any contractual relationship with each other on a continuing basis after termination of this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees/personnel after termination of this Agreement. c. Any provision of this Agreement that may appear to give the City a right to direct Consultant concerning the details of performing its obligations and/or duties under this Agreement, or to exercise any control over such performance, shall mean only that Consultant shall follow the direction of the City concerning the end results of the performance.

Section 10. PRINCIPAL REPRESENTATIVES
a. Ken Craft, Chief Executive Officer or his/her designee, is designated as the principal representative of Consultant for purposes of communicating with the City on any matter associated with the performance of the services set forth in this Agreement. b. Jenele Davidson, Deputy City Manager or his/her designee (hereinafter “Project Manager”) shall be the principal representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement. The Project Manager is also authorized to perform the services administration and monitoring functions specified in Section 16 of this Agreement, and such other functions and duties as are specified elsewhere in this Agreement.
c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party. 5 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Section 11. STANDARD OF PERFORMANCE; WARRANTY; COMPLIANCE

WITH LAWS
a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is satisfactory to the Project Manager. Any of Consultant’s employees/personnel, Subcontractors, or volunteers (if any), who fail or refuse to perform the services in a manner acceptable to City, or who are determined by City, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely provision of Services, or a threat to the safety of persons or property, shall be promptly removed from the Project by Consultant at the request of the Project Manager or the City Manager.
b. By executing this Agreement, Consultant warrants that it:
(1) Has thoroughly investigated and considered the services and work to be performed;
(2) Has investigated the issues regarding the scope of services to be provided; Has carefully considered how the services and related work should be(3) performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement. c. Consultant shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including without limitation, all Cal/OSHA requirements; the conflict of interest provisions of Government Code Section 1090, the Political Reform Act (Government Code § 81000 et seq.) and 2 CFR Part 200; and any other rule, regulation, or bylaw governing the conduct or performance of Consultant or its employees, officers, or board members.

Section 12. FAMILIARITY WITH SERVICES
Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from Project Manager.

Section 13. CONFLICTS OF INTEREST
a. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee, or agent of Consultant having such interest shall be employed by it. Consultant further agrees to file, or shall cause its employees/personnel and/or Subcontractors to file, a Statement of Economic Interest (From 700) with the City Clerk if required by City’s Conflict of Interest Code or State law in the performance of the services. Consultant maintains and warrants that it has not employed nor retained any 6 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Section 14. STATE AND FEDERAL GRANT REQUIREMENTS
a. Homekey Program Requirements. Consultant has been advised and acknowledges that services being provided under this Agreement will be funded in whole or part by the City’s Homekey Program Round 2 Grant, a copy of which is on file in the City Clerk’s office and incorporated as part of this Agreement by this reference. In the performance of the services, Consultant and its employees/personnel shall comply with all requirements of the Homekey Program and the City’s Grant and shall require its Subcontractors to likewise comply. Such requirements include, but are not limited to, the following, including any implementing federal regulations:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and the U.S. Department of the Treasury’s implementing regulations at 31 CFR Part 22; the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); and Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.); and 2 CFR Part 200.
(2) In the performance of this Agreement, Consultant and any 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. Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Consultant 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 7 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Consultant’s programs, services, and activities. (3) Consultant agrees to consider the need for language services for LEP persons when Consultant develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. (4) Consultant acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees, and assignees for the period in which such assistance is provided.
(5) Consultant and its Subcontractors, successors, transferees, and assignees shall comply with the assurances listed in Subsections (1)-(4) above and further shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal 8 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Section 15. INSURANCE
a. Required Policies. Consultant shall be required to procure and maintain at its own expense at all times during the term of this Agreement (and during any option or extension periods) the following policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Million Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors.
(2) Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insurance as appropriate to Consultant’s profession written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors, and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of Two Million Dollars ($2,000,000) per claim and in the aggregate must be provided. (4) Sexual Abuse or Molestation (SAM) Liability, if the services/work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, a policy covering Sexual 9 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Abuse and Molestation with a limit no less than One Million Dollars ($1,000,000) per occurrence or claim is required.
(5) Cyber Liability Insurance, with limits not less than Two Million Dollars $2,000,000 per occurrence or claim and Two Million Dollars ($2,000,000) aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (6) Crime Insurance, which includes the Employee Theft and Theft, Disappearance and Destruction coverage parts, in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000) per occurrence.
(7) Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law. If any class of employees/personnel employed by the Consultant pursuant to an agreement is not protected by the California State Workers' Compensation Law, Consultant shall provide adequate insurance for the protection of such employees/personnel to the satisfaction of the City. b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) Additional Insureds. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation and Professional Liability, shall be endorsed, with coverage at least as broad as ISO form CG 20 10, to name the City and its officers, employees, servants, volunteers, agents, and independent contractors, including, without limitation, the City Attorney, as Additional Insureds. (2) Waiver of Subrogation. Consultant shall require the carriers of all required insurance policies, with exception of the Professional Liability policy, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.
(3) Sufficiency of Insurers. Consultant must secure all required policies of insurance from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A:VII. (4) Proof of Insurance Coverage. Consultant shall furnish to the City Clerk certificates of insurance evidencing the required coverages and policy endorsements at least ten (10) business days prior to the commencement of any services to be performed under this Agreement, and two weeks prior to each policy expiration date thereafter, evidencing that the policy has been renewed or replaced with adequate coverages. 10 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

(5) Cancellation or Amendment. The policies shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. (6) Primary and Non-Contributory. The CGL and Vehicle Liability policies shall be endorsed as Primary and Non-contributory.
c. Subcontractors. All Subcontractors shall provide insurance as required by the City.

Section 16. ADMINISTRATION AND MONITORING OF CONSULTANT

SERVICES
a. The Project Manager, under the direction of the City Manager, is authorized to administer this Agreement on behalf of City, to monitor and evaluate all Services provided by Consultant, and to access all Services and activities provided and all facilities operated by Consultant under this Agreement as approved under Federal and State law. Facilities include all files, records, and other documents related to the performance of this Agreement, the Services provided pursuant to this Agreement, or the availability or receipt of other (non-City) funding for Services provided at the Wellness Center. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of on-going program functions. Consultant shall permit on-site inspection of the Shelter Operator Services by the City and shall ensure that Consultant’s employees and board members furnish such information, as in the judgment of City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and/or achievement of the Services. The Project Manager shall also review and approve, or withhold payment of, invoices submitted by Consultant pursuant to Section 4 of this Agreement.
b. Consultant shall ensure that its employees and personnel: (i) are authorized to work in the jurisdiction in which they are assigned to perform the Services; (ii) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the City; and (iii) are not otherwise disqualified from performing the Services under applicable law. If requested by the City and not in violation of applicable law, Consultant shall conduct a background check, at Consultant’s sole expense, on all its employees and personnel providing Services. If requested by the City, Consultant shall provide the results of the background check of each individual to the City. Such background check shall be in the form generally used Consultant in its initial hiring of employees or contracting for personnel or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. In the City’s sole discretion, Consultant’s employees or personnel who do not meet the criteria set out in this Section 16.b, including having passed a background check when required by applicable law, shall not be assigned to work on City property or provide the Services, and City shall have the right, at its sole option, to refuse access to such Consultant employees or personnel to any City facility. If requested by the City and not in violation of applicable law, Consultant shall also conduct background checks in accordance with this subsection on any volunteers it may utilize to provide the Services.

Section 17. SHARED ACCESS TO USE WELLNESS CENTER
11 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

a. For the purposes of providing the Services required under this Agreement, City hereby grants to Consultant and its duly authorized employees/personnel, and on a case-by-case as needed basis those Subcontractors approved by the City in accordance with Section 18 of this Agreement, a shared access license to use the Wellness Center Campus (hereinafter for purposes of this Section, the “Premises”) subject to compliance with the City’s standard administrative and security requirements and policies, and any shared use policies, schedules, or agreements that have been developed by the City governing occupancy and use of the Premises, as such may be modified from time-to-time. Consultant expressly acknowledges and agrees that such shared access license to use is nonexclusive and confers no leasehold, tenancy, or other property rights or interest in any building, grounds, or facility on the Premises, to Consultant, its employees/personnel or Subcontractors. All Consultant’s employees/personnel, Subcontractors, and volunteers (if any) must clearly display on their persons a valid City approved identification card while on the Premises and/or performing Services thereon. While on the Premises or at any other City facility, Consultant, its employees/personnel, Subcontractors, and volunteers (if any) must:
(1) comply with City’s requests, rules, policies, and regulations regarding personal and professional conduct (including without limitation, the wearing of an identification badge and adhering to regulations, and general safety practices or procedures); and
(2) otherwise conduct themselves in a professional and businesslike manner. b. Consultant further acknowledges and agrees that Consultant will share access, use, and occupancy of certain buildings, facilities, and common areas of the Premises with City staff, City’s community service partners, the City’s designated Wraparound Services Provider, and the Wraparound Service Provider’s City-approved Subcontractors (if any) who will provide Wraparound Services to clients/residents at the Premises in accordance with the provisions of its Wraparound Services Agreement with the City.
c. The City shall be responsible for maintenance and upkeep of the Premises’ major building systems such as structural, foundation, sewer, roof, HVAC, plumbing, electrical, fire and life safety systems, as applicable. The City will also provide upkeep/landscaping of the grounds, but daily janitorial services are the responsibility of the Consultant for the entire Wellness Center Campus. Consultant shall promptly report any items in need of servicing or repair to the City and shall not in any way physically alter or improve any building, facility, or portion of the grounds of the Premises without the City’s prior written approval. Consultant shall be responsible for the cost to repair any damage it causes to the Premises or any City-provided furnishings or fixtures therein or thereon. The City shall invoice Consultant for any such repairs (including appropriate back-up) and payment shall be remitted to the City within thirty (30) days of receipt by Consultant of the City’s invoice.
d. The shared access license to use the Wellness Center granted to Consultant by this Section 17 shall run coterminous with the term of this Agreement and shall be revocable by the City upon any termination thereof.
12 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Section 18. COOPERATION AND FURTHER ACTS; SUBCONTRACTORS a. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents or agreements as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. Consultant further acknowledges that the provision of Services hereunder and its use of the Wellness Center pursuant to the provisions of Section 17, will require cooperation between and among Consultant, the City, the City’s Wraparound Services provider, any City-approved Subcontractors, and the City’s community service partners delivering additional services to Wellness Center clients/residents. To that end, Consultant agrees to take any additional acts or sign any additional documents or agreements as may be necessary, appropriate, or convenient to ensure cooperation and efficient delivery of Services.
b. Consultant shall obtain City's written consent, which City may withhold in its sole discretion, before entering into contracts with or otherwise engaging any Subcontractors who may supply any part of the Services to City. Written consent of the City shall further be obtained by Consultant prior to allowing any of its Subcontractors to access the Premises or provide Services thereon. Consultant shall also obtain from the City such advance written consent for Premises access or providing Services with respect to any volunteers it may use. At the City's request, Consultant shall provide information regarding the Subcontractor's qualifications and a listing of a Subcontractor's key personnel including, if requested by the City, resumes of proposed Subcontractor personnel. Consultant shall remain directly responsible to City for its Subcontractors and shall indemnify City for the actions or omissions of its Subcontractors under the terms and conditions specified in Section 23 of this Agreement. All approved Subcontractors shall be subject to the provisions of this Agreement applicable to Consultant’s employees and personnel and for each such Subcontractor, Consultant shall:
(1) Be responsible for Subcontractor compliance with this Agreement and the subcontract terms and conditions; and
(2) Ensure that the Subcontractor follows City's reporting formats and procedures as specified by the City; and
(3) Include in the Subcontractor's subcontract substantially similar terms as are provided for in Sections 6 and 8 through 49 of this Agreement. c. Upon expiration or termination of this Agreement for any reason, the City will have the right to enter into direct agreements with any of the Consultant’s Subcontractors. Consultant agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct agreements with City.

Section 20. DISPUTE RESOLUTION
a. The Parties shall deal in good faith and attempt to resolve potential disputes arising under this Agreement informally. If the dispute concerning a question of fact arising under the terms of this Agreement is not disposed of in a reasonable period of time by Consultant’s principal representative and the City's Project Manager, such matter shall be brought to the attention of the City Manager by way of the following process:
(1) Consultant shall submit to the City Manager a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Agreement, unless the City, on its own initiative, has already rendered such a final decision.
(2) Consultant's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Agreement, the Consultant shall include with the demand a written statement signed by its principal representative indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the cost adjustment for which the Consultant believes the City is liable.
b. Pending the final resolution of any dispute arising under, related to, or involving this Agreement, Consultant agrees to diligently proceed with the performance of this Agreement, including the delivery of goods and/or provision of services. The Consultant's failure to diligently proceed shall be considered a material breach of this Agreement. c. Any final decision of the City shall be expressly identified as such, shall be in writing, and shall be signed by the City Manager. If the City fails to render a decision within 90 days after receipt of the Consultant's demand, it shall be deemed a final decision adverse to the Consultant's contentions. Nothing in this Section shall be construed as affecting the City's right to terminate the Agreement for cause or for convenience as provided for in Section 21.

Section 21. TERMINATION
a. Termination by City. This Agreement may be terminated without cause (for convenience) by the City at any time by providing Consultant with at least thirty (30) days advance written notice of such termination.
b. Termination by Consultant. Consultant may terminate this Agreement without cause (for convenience) at any time but must provide the City at least one hundred eighty (180) days advance written notice prior to any such termination becoming effective. During such 180 days, in addition to continuing to provide the Services required by this Agreement (ongoing Services), Consultant shall provide transitional assistance as further described in the following subsections (the “Transition Period”).
(1) Transitional Assistance. During the Transition Period, Consultant agrees to provide transitional assistance to the City with respect to the Wellness Center Shelter Operator Services. Such assistance will include aid with respect to the transition of Consultant's existing responsibilities to its successor, advising City staff on industry matters and advising the City with respect to strategic alternatives. During the Transition Period, Consultant agrees to make itself reasonably available to provide transitional 14 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

assistance reasonably requested by City, and not to enter into any other contract or obligation that would interfere in any way with Consultant's duties and responsibilities hereunder.
(2) Ongoing Services During Transition Period. Consultant agrees that there shall be no degradation in the ongoing provision of all other Services required by this Agreement during the Transition Period, and that Consultant shall continue to meet all existing performance and reporting requirements.
c. Termination for Default. This Agreement may be terminated with cause (for default) by either Party at any time, provided that the Party initiating termination provides the other Party at least five (5) days advance written notice of such termination and further provided that any applicable cure periods as set forth in Section 43 hereof have expired. d. Compensation. In the event of any termination of this Agreement, City shall only be liable for payment to Consultant under the compensation provisions of this Agreement for satisfactory services rendered or supplies actually furnished by Consultant up to and including the date of termination.

Section 22.

Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION
a. To the fullest extent permitted by law, Consultant shall immediately defend,

Section 24. REPORTS
Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A” and the provisions of the RFP, Consultant shall prepare and submit reports to the City concerning Consultant's 15 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

performance of the services required by this Agreement.

Section 25. BOOKS AND RECORDS
a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable Project Manager to evaluate the cost and the performance of such services.
b. Consultant shall maintain, complete and accurate accounting records, in accordance with Generally Accepted Accounting Principles (GAAP) in the industry. Consultant shall also comply with 2 CFR. Part 200 regarding accounting principles and procedures therein, utilizing internal controls, and maintaining necessary source documentation for all costs incurred. c. City’s Project Manager, the State Department of Housing and Community Development, the State Department of General Services, the Bureau of State Audits, duly authorized federal entities as set forth in 2 CFR section 200.337, the Treasury Office of Inspector General and the Government Accountability Office, or their designated representatives, shall have full and free access to such books and records during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such records, and to allow interviews of any employees who might reasonably have information related to such records. d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to Project Manager and such entities as specified in Section 14 of this Agreement for purposes of performing an audit for a period of five (5) years from the date of the last payment made under this Agreement or the date of termination thereof, whichever date occurs later.

Section 26. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 COMPLIANCE
a. The Parties acknowledge the existence of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191, title II, §§ 261, 264(a)–(b), 110 Stat. 1936, 2021, 2033 (1996)) and its implementing regulations (collectively “HIPAA”). Consultant understands and agrees that it may meet the definition of a Business Associate of the City under HIPAA and, as such, has obligations with respect to the confidentiality, privacy, and security of patients’ medical information, and must take certain steps to preserve the confidentiality of this information, both internally and externally, including the training of its staff and the establishment of proper procedures for the release of such information, including the use of appropriate consents and authorizations specified under HIPAA.
b. Consultant agrees to execute a Business Associate Agreement, substantially in the form contained in the Project RFP, but subject to such revisions as determined necessary by the City prior to such execution.

b. Any drawings, specifications, reports, records, documents, or other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of Project Manager or as required by applicable law. c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of Project Manager, or as required by applicable law.
d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by Project Manager. Such materials may be used, reused or otherwise disposed of by the City without the permission of Consultant.
e. Consultant’s covenants under this Section 27 shall survive the termination of this Agreement.

Section 28. INFORMATION SHARING; CONFIDENTIALITY
The Parties to this Agreement agree that the sharing of identified information and records as described in the Scope of Services and for this Agreement is needed in, and directly connected to, the operation of the Wellness Center. Furthermore, the Parties to this Agreement agree that the use of information and records described in this Agreement is needed, and directly connected to, the operations of Consultant and the City. Consultant and the City, as well as their respective officers, officials, employees, agents, servants, volunteers, and Subcontractors, shall maintain the confidentiality of all Wellness Center Client records obtained from Consultant and the City under this Agreement in accordance with California Welfare and Institutions Code Sections 5328, 10850 et seq., and 17006; HIPPA; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.); the Confidentiality of Medical Information Act (California Civil Code Sections 56 through 56.16); and all other applicable Federal, State, or local laws, ordinances, regulations, and directives relating to confidentiality of information related to the provision of medical or mental health services.

Consultant shall also be bound by the provisions of any Business Associate Agreement executed pursuant to Section 26 hereof.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES a. This Agreement may be modified or amended only by a written instrument signed by both Parties.
b. During the term of this Agreement, including any extensions (if applicable), the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper delivery of the Wellness Center Shelter Operator Services but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT
a. This Agreement supersedes any and all prior or contemporaneous Agreements, 17 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

To the City: Jenele Davidson, Deputy City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: HOPE THE MISSION
Attn: Ken Craft, Chief Executive Officer
16641 Roscoe PL,
North Hills, CA 91343
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER
In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. 19 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Section 43. DEFAULT
In the event either Party fails to perform its obligations under this Agreement, the non- defaulting Party shall provide the defaulting party written notice of such default. The defaulting Party shall have ten (10) calendar days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defaulting Party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) calendar days, so long as the defaulting Party commences to cure such default within ten (10) calendar days of service of such notice and diligently prosecutes the cure to completion; provided further that if the nature of the default creates an immediate danger to the health, safety, and general welfare, the defaulting Party shall take such immediate action as may be necessary or as prescribed in the written notice of default. Notwithstanding the foregoing, the non-defaulting Party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting Party fail to cure the default within the time periods provided in this Section, the non-defaulting Party shall have the right, in addition to any other rights or remedies the non-defaulting Party may have at law or in equity, to terminate this Agreement as set forth Section 21.b. Compliance with the provisions of this Section shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any Party's right to take legal action in the event that the default is not cured.

Section 46. ATTORNEYS’ FEES
In the event any action, suit, or proceeding is brought for the enforcement of, or the 20 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

Section 49. COUNTERPARTS
This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. [END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]
21 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

THE CITY OF VICTORVILLE HOPE THE MISSION
By: ______________________________ By: ___________________________ Debra Jones, Mayor Ken Craft, CEO
Dated: ___________________________ Dated: _________________________ ATTEST
By: ______________________________
Jennifer Thompson, City Clerk
Dated: ___________________________
APPROVED AS TO FORM:

By: ____________________________
Andre de Bortnowsky, City Attorney
Dated: _________________________

THE CITY OF VICTORVILLE
By: _______________________________
Sandra Bostick, Risk Manager
Dated: ____________________________
P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\WELLNESS CENTER OPERATOR\860.11-WC SHELTER OPERATOR DRAFT PSA 052423 - CLEAN TLT REVS V3 05.30.23.DOCX
22 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

EXHIBIT “A-1”

SCOPE OF SERVICES
[TO BE INSERTED]
23 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 A. Scope of Services General Description
The City is seeking an experienced Shelter Operator (SO) to run the shelter component of its Wellness Center. The Wellness Center is a low barrier navigation center that will provide 170 shelter beds and through a WCWS Provider will offer wraparound services to homeless individuals. The SO shall also collaborate with the City’s OT. Interim Housing will operate as a 24/7 shelter, 365 days a year providing access to a wide range of programs and supportive services. The program shall not be faith-based but shall provide safe shelter, basic needs, and navigation services to move clients out of homelessness and into permanent housing opportunities. Services shall include, but not be limited to, the following:
o Providing all services outlined in “Shelter Operator Services (SO) Table” (see Section B, below)
o Transitioning all remaining/existing Interim Shelter clients to the Wellness Center (if applicable).

The SO will be trusted with collaborating with WCWS Provider and the OT for daily coordination of support service activities. Once all Interim Shelter clients are relocated to the Wellness Center, the Interim Shelter will cease operations. The SO will coordinate the transfer of Interim Shelter staffing (if applicable), equipment (if applicable), and resources (as needed) to the Wellness Center.

B. Shelter Operator Services (SO) Table
Table 1. Shelter Operator Services for Wellness Center
DescriptionService
Type
1 Facility
Management
• All administrative activities related to operating the Wellness Center (shelter component).
•
•
Professional accounting, record keeping and reporting.

Provide documentation as may be necessary to support grant reimbursements that fund shelter operations.
• Reporting of the number of clients served, objectives, and outcomes, number, and types of exits per month, number of services provided by service type, length of stay, etc.).

Volunteer organization and management.

IT support (COV to provide phones, internet, and security cameras); and
•
•
•
•
Other day-to-day administrative functions as needed.
2 Facility
Operations &
Maintenance
Operate and maintain the Facility, as described within this RFP, on a 24-hours a day, 7 days a week, year-round basis.

Create rules, policies, and procedures for guests.

Collaborate with WCWS Provider and OT to coordinate referrals and prioritization of intake.
•
•
•
•
•
Conduct daily orientations and promote programming.

Storage of Client possessions.

Create a collaborative Wellness Center incentive and sanctions

Page 1 of 10 ends

EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 matrix with the WCWS Provider.
•
•
General repairs and upkeep of facility (City financial support for major repair projects).

Minor repairs and maintenance to the Wellness Center grounds (e.g., landscaping) will be negotiated between the COV and SO prior to contract execution. The COV is currently considering assuming all repair and maintenance responsibilities for the facility grounds, excluding the client community garden.

Cleaning and janitorial services for all buildings, rooms, restrooms, showers, common areas, etc. (including procuring and providing supplies).
•
• Maintain full facility (indoor and outdoor areas) as a clean, safe, pest-free environment, per all applicable building, fire, and health codes.
•
•
Utilize a UV Sterilization Unit to sanitize property for clients entering the shelter to minimize bed bugs, bacteria, etc.

Establish a process to identify a vendor and/or staff who will be responsible for cleaning and sanitizing the facility to maintain public health and safety and/or subcontract for this service.

Cleaning of Rooms: Ensure rooms are regularly cleaned and turned over between Clients. When rooms are occupied: (a) SO required to offer cleaning services to each room once a week; (b) cleaning shall consist of taking out any trash and cleaning the floors within the room and bathroom. Clients should have the right to decline cleaning services, but rooms should be inspected to ensure that there are no safety concerns (at which time protocols should be in place to address said safety/health concerns); (c) when cleaning occurs, the Clients should be offered basic items and hygiene supplies they are needing, as well as a new towel/blanket/pillowcase etc. if needed. Clients should be offered new sheets at least once a week. Supplies shall be provided by the provider. When a room has been vacated by a Client and is being prepared for a new Client: (a) Room should be fully cleaned, which includes sanitizing all high touch point surfaces and disposal of garbage; (b) Linens, towels, and toiletries should be replaced; (c) Left behind personal documents or items that appear to have value should be
catalogued and stored for 30 days.
•
•
•
Cleaning of Common Areas and Outdoor Spaces is imperative.

Ensure the cleaning of all indoor (including office and medical spaces) and outdoor common areas within the facility site. This includes removing of any trash and ensuring that high touch areas such as tables, chairs or other areas are sanitized and washed regularly.

Residential Supervision and Building Management. The SO shall always ensure adequate staffing and supervision for the facility, including a shift supervisor and shelter
associates/monitors for all buildings.

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EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 3 Low Barrier Shelter • Implement a low barrier approach to shelter. "Low barrier" means removing as many pre-conditions to entry as possible, while responding to the needs and concerns of people seeking shelter. Implement a harm reduction strategy, which allows homeless men and women who struggle with substance use
addiction the ability to access shelter as long as they agree to not use any illicit substances on the premises, refrain from bringing drugs or drug paraphernalia on the property, and are compliant with staff and policy guidelines.
4 Facility Meals •
•
Prepare and serve, three (3) meals daily and snacks, to include food orders/delivery and onsite full or partial preparation.

Meals shall be provided at reasonable times (morning, afternoon, and evening). Due to the number of Clients, each meal may need to be served in shifts.
•
•
Meals must be nutritious, varied, and of sufficient size and calories for adults and children (when applicable).

Meals must also be responsive to any dietary restrictions that a participant has, including medical requirements such as soft foods and low sodium diets.
•
•
Clients should have access to fresh fruits and vegetables daily.

Be responsible for purchasing and distributing beverages as well as small snacks.
•
•
•
Clients shall be allowed to bring personal food and non-alcoholic beverages into the program area.
5 6
Laundry
Services
Service of on-site machines; management of “credit” system and/or Client-based laundry program.

Coordinated
Entry & HMIS
Participate in local Continuum of Care (CoC) coordinated entry program. Include Diversion Screening at intake to ensure that those with alternative resources will not be accessing the homeless system.
•
•
•
SO will either provide direct referrals or partner with an agency that can offer successful diversion assistance. Adopt a screening/matching tool to help Clients eligible for benefits; and input data into Homeless Management and Information System (HMIS) in a timely manner.

SO shall work in collaboration with the broader CoC system in San Bernardino (SB) County, including participating in the SB County CES to ensure that persons experiencing homelessness will have access to the same resources, referrals, and
assessment and prioritization process.

SO shall participate in CoC’s CES intake process, including direct service for and referrals to appropriate homeless programs, prevention and diversion, mainstream resources, and

Page 3 of 10 ends

EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 housing.
• SO shall participate in CoC meetings, any relevant
subcommittees, training opportunities, and technical assistance that support quality service delivery within the system of care.

Funded projects must fill project vacancies from the CES hubs/prioritization list.
•
•
•
SO shall participate in the local HMIS, with Client data entry required daily for service coordination purposes. User licenses and training will be provided by SB County Department staff.

A review of the comparable system will be conducted for agencies involved in the Wellness Center.
7 Good Neighbor
Policy
Establish and implement a Good Neighbor Policy to maintain a positive relationship with the surrounding community and neighborhood and limit negative impacts on surrounding areas.

Ensure a responsive team is available to address concerns.

All community complaints and/or inquiries about the Wellness Center will be forwarded to the appropriate staff for prompt (same day) investigation. The SO will be fully committed to an appropriate customer service response and will consider the resolution of community complaints a high priority.
•
8 Security •
•
SO shall provide security staff coverage for the entire campus, including the routine monitoring of surrounding areas, ensuring coverage 24 hours per day seven days per week (24-7).

Security shall be trained in the guiding principles of trauma-informed care and practices to ensure the safety and well-being of Clients, staff, the surrounding community, and promote Clients’ continued success in the program.
• The guiding principles include: 1) safety, 2) trustworthiness and transparency, 3) peer support and mutual self-help, 4) collaboration and mutuality, 5) empowerment, voice and choice, and 6) cultural, historical, and gender issues. Security must have an active guard card and be distinguishable as security or SO staff through uniform. Security must be uniquely trained in de-escalation / conflict management and have experience working with people experiencing homelessness.

SO may choose to staff its own security as long as the above requirements are met.
•
• Monitor and operate a security camera system.
9 Transportation
Assistance
•
•
•
•
Develop a transportation schedule using staff/volunteers to transport residents to appointments or errands as necessary.

Provide transportation to a predetermined drop off/ pick up location(s) within the local community in the morning and evening.

SO shall provide transportation services to participants to ensure access to essential wellness appointments and coordinating services.

Transportation may be provided through services such as Lyft, Uber, or taxi vouchers or public transportation assistance.

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EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 10 Animal Kennel •
•
Clients will be responsible for the care and maintenance of their pets. and
Animal Care in
Client Rooms
Shelter Operator to collaborate with City’s Animal Control Division (“Animal Control”) to develop a pet contract/policy that is agreed upon by all parties.
•
•
•
•
SO will ensure the Pet policy is observed.

SO staff to develop policy to aid and supervise as needed.

SO to conduct regular wellness checks for animals in the kennels.

SO and Animal Control will provide general oversight of animals and their owners to ensure rules are being abided by owners are cleaning up after their pets, an no animal abuse is occurring (among other items).
• SO shall coordinate with Animal Control to perform routine visits to provide free training to animal owners concerning proper care and maintenance of pets and will help oversee critical animal care needs including vaccinations, rabies shots and flea and tick treatment.

Because space is limited the SO and COV will determine the number of pets allowed in the Kennel.

SO shall provide pet food, supplies, and connection to veterinary and Animal Control services as needed.

In consultation with the COV, SO to conduct regular wellness checks for animals in Client rooms and develop policy about how many animals are allowed in a room and what rooms can accommodate animals.
•
•
•
11 Intake Coordinator • The SO will work collaboratively with the City, WCWS Provider, and OT to utilize the Coordinated Entry System (CES) to process referrals, including the prioritization of Victorville Clients. Assessments and referrals for resident intake shall not normally occur on-site at the Wellness Center (i.e. “in-person walkup” referrals), however the City, SO, and WCWS Provider shall work collaboratively to develop intake and diversion procedures for individuals who enter outside the normal CES.
•
•
The SO shall allow for intake of new Clients at least five (5) days a week during regular business hours, and when requested by COV, for as long as beds are available. For designated recuperative care beds, SO shall have a collaborative procedure with the WCWS Provider to conduct an intake process.

The work flow procedures and responsibilities of client intakes will be further identified in forthcoming contracts between COV and the selected WCWS Provider and SO.
12 Mental & Physical
(Primary) Health
Service
•
•
SO Staff and volunteers shall be regularly trained on common physical (primary) and mental health conditions of people experiencing homelessness and how to obtain needed and appropriate services.

The SO Provider shall coordinate with the COV and the WCWS Provider to ensure appropriate exits for Clients transitioning out of the Wellness Center.
13 Client Exits

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EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 14 Confidentiality • The SO shall develop and implement procedures to ensure the following: 1) all records containing personally identifiable information (as defined in HUD’s standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives assistance will be kept secure and confidential; 2) the address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project will not be made public, except with the written authorization of the person responsible for the operation of the shelter; and 3) the address or location of any housing of Wellness Center Client will not be made public, except as provided under a preexisting privacy policy of the recipient or sub-recipient, and consistent with State and local laws regarding privacy and obligations of confidentiality.
15 Client Eligibility • Funding must be used for the sole benefit of homeless persons or persons at-risk for homelessness with a priority for Victorville, notwithstanding the CES or other minimum requirements. The SO shall ensure that all Clients meet COV eligibility requirements and requirements of applicable funding sources. At a minimum, this requires an initial evaluation--conducted in accordance with the coordinated assessment and written standards--to determine: 1) the eligibility of each individual or family for assistance; and 2) the amount and types of assistance needed to (re)gain stability in permanent housing.
16 Universal Assessment • The SO shall utilize the universal assessment tool adopted by the SB County CoC to assess program participants’ housing and service needs. Currently, the SB County CoC is utilizing the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT).

C. Use of Funding and Eligible Costs
Funds provided to the SO under contract with the City may be used to pay for site operations, supportive services, and other associated costs to provide a homeless individual a safe place to reside while linkage to the CES is facilitated for longer term housing options. Eligible costs may include:
•
•
•
•
•
•
•
•
•
•
•
•
Security
Insurance
Materials and supplies
Food and beverages
Site amenities
PPE / Medical supplies
Transportation
Administrative costs
Program Oversight
Peer Support
Coordination Management
Linkage to other services

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EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 D. Service Expectations
The SO shall develop and maintain a Wellness Center Shelter Operating Plan (“SO Operating Plan”) that defines and incorporates best practices in homeless shelter operations that supports the Wellness Center Wrapround Services. Said SO Operating Plan, which is subject to review and approval by the City, will include the following approaches:

1. Housing-Focused. The SO will use a Housing First, low barrier approach focused on ending homelessness for everyone as quickly as possible.

2. Client-Focused. The SO will drive solutions and programs that focus on meeting Client needs. The SO will use assessment tools to ensure Clients have appropriate levels of care.

3. Trauma-Informed. The SO will provide a strengths-based shelter operations framework grounded in an understanding of and responsiveness to the impact of trauma. Such program emphasizes physical, psychological, and emotional safety for everyone, and creates opportunities for survivors to rebuild a sense of control and empowerment.

4. 5.

Evidence-based. SO to use the best available evidence for decision-making and providing efficient and effective care.

Training-focused. SO must establish a policy and procedure for onboarding new staff, including documentation of all trainings, and ensure regular updates to the annualized training completed by staff. SO must complete mandatory staff trainings regarding safety, compliance, and quality services provisions to best address the complex needs of the homeless populations served.

6. 7.

8. Stakeholder-Informed. Decisions about design, implementation, and review of results will be carried out with collaboration and input from a broad range of community stakeholders that form the Homelessness Solutions Task Force.

Respectful, Safe, Clean & Welcoming. Services shall be delivered in a respectful, safe, clean, and welcoming manner that incorporates broadly accepted best practices and facilitates Client success.

Non-Discriminatory. SO must have a non-discrimination policy in compliance with all federal and state laws. Non-discrimination policy must ensure that Provider’s programs and services do not discriminate based on the grounds of race, creed, color, sex, gender, gender identity, gender expression, sexual orientation, religion, ancestry, age, disability (including physical and mental disabilities), medical condition, genetic information, marital status, familial status, political affiliation, national origin, source of income, citizenship, primary language, immigration status, arbitrary characteristics as protected by the Unruh Civil Rights Act, and all other classes of individuals protected from discrimination under federal or state fair housing laws (e.g., Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)), individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes.

9. Language Accessible. SO must have a Language Access Plan and accompanying guidance to ensure that Clients with limited English proficiency can receive services in their desired language. SO must provide training for all shelter staff on how to support Limited English Proficiency Clients.

10. Data-Driven. Data will be used to best serve each Client, assess the outcomes of programs, evaluate impact, inform changes, and guide investment to achieve maximum impact. The SO Operating Plan will include clear participation and integration with HMIS, CES, and the City’s Homelessness Solutions Coordinator.

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EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090

11. 12.

Accountable & Measurable. SO will be held accountable for results, using data to track goals and performance measures to ensure each Client is being well- served.

Client Feedback. SO must establish a participant feedback policy and develop a feedback process that provides for ongoing opportunities for Clients to voice opinions and provide feedback confidentially to the person in charge of the Wellness Center Campus. Methods for receiving Client feedback can include exit interviews, surveys, focus groups and program meetings.

13. 14.

Innovative. The SO will continuously evaluate opportunities to adapt practices to innovate new strategies to increase positive outcomes.

Reimbursement. The selected SO may be called upon to actively seek grants and additional support for services and any reimbursements will be utilized to offset the operational cost to the City.

E. Service and Outcome Objectives
The performance outcomes for the Wellness Center Shelter Operator Services will be measured by criteria depicted, but not limited to, the objectives below. Additionally, the SO and all partner organizations will be responsible for complying with standards for Homeless Assistance, HMIS, CES, and all objectives/outcomes described in any grants being used to fund the Wellness Center operations. All Wellness Center activities will be documented in monthly, quarterly and year-end reports in a format determined by the City. SO staff will work closely with the City on programming and providing all the necessary documentation for invoicing and accounting.

1. Service Objectives. Service objectives shall describe expectations around the quantity and quality of services provided; including but not limited to:
•
•
•
•
Number of unduplicated individuals to be served in the reporting period.

Number of services provided by service type.

Timeliness or frequency of service provision.

Quality of services

Reduction in the rate of returns to homelessness.

Improvements to an individual well-being and self-sufficiency.

Exit to permanent housing (subsidized or unsubsidized) during the year; and/or Client satisfaction with services, treatment, meals, and adherence to shelter standards of care.
•
•
•
•
Composition and demographics of households
Linkage to supportive services
Average Length of Stay
Adherence to principals of housing first, trauma-informed care, and harm reduction.

F. Professional Practices/Standard of Care
All services provided by the SO under agreement with the City shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence, and skill ordinarily exercised by professional contractors in similar fields and

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EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 circumstances in accordance with sound professional practices. SO must warrant that it is familiar with all laws that may affect its performance of services and shall advise City of any changes in any laws that may affect its performance under its agreement with the City. SO shall present to City the experience and/or qualifications of personnel prior to hiring.

G. Service Delivery Monitoring
The City Manager or his or her designee shall have the right to access all facilities and activities operated by SO. “Facilities” includes all files, records, and other documents related to the performance of this Agreement, such as items covered under the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA). “Activities” includes attendance at staff, board of directors, advisory committee and advisory board meetings, and observation of operations and ongoing program functions. Provider shall permit on-site inspection of the premises by City upon request of City. Upon request of City, the SO and its employees and board members shall furnish such information as, in the judgment of City, may be relevant to the question of compliance with contractual conditions or the effectiveness, legality, and/or success of the SO’s services.

H. Reporting and Reports
SO shall provide monthly, quarterly, and annual reports to the City, or to other organizations as specified by the City, regarding shelter operations monitoring and outcomes, in a format to be determined or approved by City. The City reserves the right to add reporting requirements, based on data needs or funding requirements. It is the City’s goal to have the SO, WCWS Provider, OT, and their subcontractors, if any, using the same or compatible software.

All funded projects are required to collect Common Data Elements and Universal Data Elements for Clients using the HMIS. Monthly and quarterly reports are due within 10 days of the end of each month and each quarter respectively, commencing as of the date the SO begins providing Shelter Operation Services pursuant to a contract with the City.

I. Community Service Partners
SO shall engage community service partners, including but not limited to, mental health partners and domestic violence partners, on their own behalf or at the request of City. All community service partners shall be approved by the City Manager or his/her designee prior to performing services for Clients and those at risk of homelessness.

J. Performance to Satisfaction of City
SO shall agree to perform all services to the complete satisfaction of the City. Periodic evaluations of the services will be conducted by the City Manager or his/her designee. At any time, the City has the discretion to assess and ensure the quality of services. The City in its sole discretion has the right to:
(a) Meet with SO to review the quality of the services and resolve matters of concern; and/or (b) Require SO to replace or provide alternative on-site project management staff or subcontractors should significant performance issues arise; and/or (c) Terminate SO’s contract/agreement.

Page 9 of 10 ends

EXHIBIT “A-1”

SECTION II - SCOPE OF SERVICES
RFP FOR WELLNESS CENTER SHELTER OPERATOR (SO) - PROJECT NO. JM23-090 K. HIPAA Business Associate Agreement
SO must be willing to enter into a Business Associate Agreement with the City outlining its duties under HIPAA (such as the Sample Draft agreement that was included in the RFP). The City reserves the right to make additions and/or revisions to the Sample Draft prior to execution.

L. Additional Services
SO may also be required to provide certain components of the proposed Shelter Operator Services to occupants of the Interim Shelter in the event the planned opening of the Wellness Center facility is delayed, and/or to facilitate a smooth transition to the new facility.

P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\WELLNESS CENTER OPERATOR\861.3-SO EXHIBT A-1 SCOPE OF SERVICES 052423 - CLEAN TLT NOTES REVS 05.30.23.DOCX

Page 10 of 10 ends

EXHIBIT “A-2”
CONSULTANT’S RESPONSE TO RFP
[TO BE INSERTED]
24 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

EXHIBIT “B”

OPERATING BUDGET AND STAFFING LIST
(as negotiated and revised by the Parties)
[TO BE INSERTED]
25 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Exhibit "B" - Operating Budget and Staffing List
Fiscal Year 2023-2024
Hope of the Valley Rescue Mission
Victorville Revised Budget
Expenses
Personnel Pay Rate Pos. Yr Wage FTE Total Wages
Program Manager
Program Cooridnator
Intake Specialist
Client Service Monitors
Data Coordinator
Kitchen Manager
Lead Chef
$
$
$
$
$
$
$
$
$
70,000.00
62,400.00
41,600.00
41,600.00
56,160.00
70,000.00
52,000.00
41,600.00
45,760.00

1.00 1.00

2.00 21.00

1.00 1.00

1.00 4.20

2.00 64,166.67
46,800.00
62,400.00
655,200.00
42,120.00
52,500.00
39,000.00
131,040.00
68,640.00
Start Date of August- 11 months of compensation
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
9 Month Salary with a state date of Oct 1
$
$
$

20.00 20.00

27.00 $
$
$

25.00 20.00

22.00 Kitchen Staff
Class B Driver
Total $
$
$
1,161,866.67
255,610.67Fringe Benefits (22%)
Total Personnel Cost 1,417,477.33
Operational
Security Personnel
Food & Food Supplies
Facilities Supplies
Janitorial Supplies
Transportation Cost
Vehicles
Animal Care
PPE
Laundry Supplies
Total Operational Costs
Rate $
$ 25.00
# of Security Total Cost All operational costs are for 9 months. outsourced- 2 security at all times, start date of Sept 1st Please see below for breakdown
2 $
$
$
$
$
$
$
$
$
$
327,600.00
708,466.50
15,300.00
10,800.00
6,300.00
7,200.00
4,500.00
2,250.00
Insurance, Office Supplies
gas, car insurance for both vehicles( BUS and Company Vehicle lease cost with monthly expenses
1,800.00
1,084,216.50
Total Personnel Cost
Total Operational Cost
Repalcement Reserve
Administration - 5% of Direct Expenses
Total Program Expenses
$
$
$
$
$
1,417,477.33
1,084,216.50
20,000.00
125,084.69
2,646,778.53

Exhibit "B" - Operating Budget and Staffing List
Fiscal Year 2024-2025
Hope of the Valley Rescue Mission
Victorville Revised Budget
Expenses
Personnel Pay Rate Pos. Yr Wage FTE Total Wages
Program Manager
Program Cooridnator
Intake Specialist
Client Service Monitors
Data Coordinator
Kitchen Manager
Lead Chef
$
$
$
$
$
$
$
$
$
70,000.00
62,400.00
41,600.00
41,600.00
56,160.00
70,000.00
52,000.00
41,600.00
45,760.00

1.00 1.00

2.00 21.00

1.00 1.00

1.00 4.20

2.00 70,000.00
62,400.00
83,200.00
873,600.00
56,160.00
70,000.00
52,000.00
174,720.00
91,520.00
$
$
$

20.00 20.00

27.00 $
$
$

25.00 20.00

22.00 Kitchen Staff
Class B Driver
Total $
$
$
1,533,600.00
337,392.00Fringe Benefits (22%)
Total Personnel Cost 1,870,992.00
Operational
Security Personnel
Food & Food Supplies
Facilities Supplies
Janitorial Supplies
Transportation Cost
Rate $
$ 25.00
# of Security Total Cost
2 $
$
436,800.00
944,622.00
20,400.00
14,400.00
8,400.00
$
$
$
Vehicles
Animal Care
PPE
Laundry Supplies
Total Operational Costs
$
$
$
$
$
9,600.00
6,000.00
3,000.00
2,400.00
1,445,622.00
Total Personnel Cost
Total Operational Cost
Repalcement Reserve
Administration - 5% of Direct Expenses
3% Annual Escalation
$
$
$
$
$
$
1,870,992.00
1,445,622.00
20,000.00
165,830.70
105,073.34
3,607,518.04Total Program Expenses

EXHIBIT “C”
Diagram of Wellness Center Campus
[TO BE INSERTED]
26 Consultant / PSP Agreement / Hope the Mission / Project JM23-090 Wellness Center Shelter Operator

Exhibit "C" - Victorville Wellness Center Campus Map
Note: the subject campus map is provided to give a general understanding of campus layout and is subject to change.

Item Number: 20
City Council / Board of Directors
Written Communications
Meeting of: June 6, 2023
Submitted By:

C. Eric Ray, Airport Director

Subject:

General Services Provider Standard Agreement between Allied Universal Security Services and the Southern California Logistics Airport Authority for Security Services Project CC23-100
Recommendation:

That Your Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a General Services Provider Standard Agreement (“Agreement”) to Allied Universal Security Services in the amount not to exceed $406,151.75 for Security Services, Project CC23-100.

Fiscal Impact:

This action will result in the expenditure of funds from the Airport Operations Fund 450 in the amount not to exceed $406,151.75.

Account Budget FY 2023-2024
4500125 – 52300 Airport Contract Services $406,151.75
The Agreement Compensation of $406,151.75 includes $20,000 for additional security services provided to SCLA tenants as may be requested for events during the year. The fees for additional exclusive services are reimbursed by the requesting entity.

There is no fiscal impact to the current 2022/2023 fiscal year budget as the Agreement term begins July 1, 2023, the next fiscal year. Future appropriations for the Agreement will be considered at the time the annual budget is approved. 1 3
5 7
0 Stategic Plan Goal:

Goal B. Public Safety: This contract provides security services at the SCLA for the purpose of providing certain dedicated public safety services to the airport.

Background:

The Southern California Logistics Airport Authority (SCLAA) operates the Southern California Logistics Airport (SCLA) under certain federal regulatory mandates, including those pertaining to airport security. In addition, the tenants that have located their operations at the airport have an expectation that their assets and employees will be safe and secure. As such, certain security measures are in place, including an automated access control system, whereby access is controlled by date, time, and location on an individual basis. The SCLA Operations Staff and security contractor perform video surveillance monitoring and live patrols on a 24-hour basis, 365 days per year. SCLA staff provides live patrols of the entire airport footprint and video surveillance monitoring of selected areas during normal business hours, while after-hours security is provided by a contracted company. These security measures help ensure the safety and security of life and property within the airfield and adjacent facilities.

Discussion:

The term of the current agreement with Allied Universal Security Services will expire June 30, 2023, resulting in the need to resolicit for security services. To procure a qualified service provider, staff prepared a comprehensive Request for Proposal (“RFP”) for the solicitation of Security services. An RFP is a formal solicitation whereby the respondents are required to submit a formal, written proposal to address items detailed in the scope of services. The proposal submission should describe how and when the proposer intends to perform the scope of services, and the associated cost. RFP solicitations are based on qualifications, which is why the RFP bid forms that contain pricing information must be submitted in a sealed envelope separate from the rest of the proposal submission. The intent is to ensure the contract is awarded to a qualified company that has been vetted through a bona fide process, although they may not be the lowest price proposer. The lowest proposer is not automatically guaranteed a contract, such contracts should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing, and other professional qualifications necessary for satisfactory performance of the solicited services. The RFP was well received by the regional security service industry, with representatives from twenty-four companies attending the job walk and the receipt of twelve proposals.

Staff carefully reviewed the twelve bid proposals and evaluated each for completeness and accuracy, where seven proposals were responsive to the requirements within the RFP. A selection committee comprised of the Airport Operations and Facilities Manager, Airport Operations Supervisor, Senior Airport Operations Officer, and Operations Officer conducted an evaluation of these seven bid proposals based on the criteria specified in the solicitation. The evaluation criteria used to score the submissions included: current and past operational practices, qualifications, the proposer’s approach to implementing the scope of services, staff training, and proposed cost. Each member of the selection committee completed their own evaluation forms which are summarized as follows:
1 3
5 7
0 Company: Point Rating by
Evaluator:

Average
Overall

A B C D
Allied Universal Security Services, Riverside,
CA 77 67 89 90 81
Securitas Security Services USA, Inc., Victorville,
CA 74 77 74 76 76
AllTech Industries, Inc., Monterey Park, CA 59 72 81 71 71 Power Security Group, San Diego, CA 63 74 74 67 70
Absolute International Security, El Monte, CA 62 68 68 57 64 American Guard Services, Inc., Los Angeles, CA 54 65 63 57 60 Precision Private Security, Yuba City, CA 56 65 63 41 56 At the end of the evaluation process, Allied Universal Security Services received the highest overall rating, identifying them as the “best value bidder”. In accordance with City of Victorville Municipal Code §2.28.040, the “best value bidder” is the respondent that represents the best value to the SCLAA as determined upon the careful evaluation of bona fide criteria.

The Agreement presented herein has been competitively solicited in accordance with City of Victorville Municipal Code §2.28.100, which defines the bidding requirements for purchases of general services, supplies, and equipment in excess of fifty thousand dollars. Therefore, staff recommends that Your Honorable Southern California Logistics Airport Authority Board of Directors approve the award of a General Services Provider Standard Agreement to Allied Universal Security Services, for Security Services Project #CC23-100, in the amount not to exceed $406,151.75.

Staff remains available for any questions or comments you may have.

CER/see
Attachments: A. Site Map
B. General Services Provider Standard Agreement CC23-100

ATTACHMENT A

SITE MAP
San Bernardino County, Maxar, Copyright nearmap 2015

ATTACHMENT B

GENERAL SERVICES PROVIDER
STANDARD AGREEMENT CC23-100
1 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

GENERAL SERVICES PROVIDER STANDARD AGREEMENT

BY AND BETWEEN

THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
AND

UNIVERSAL PROTECTION SERVICE, LP DBA

ALLIED UNIVERSAL SECURITY SERVICES
FOR
SECURITY SERVICES, PROJECT CC23-100

THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between the Southern California Logistics Airport Authority , a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA ”, Universal Protection Service, LP dba Allied Universal Security Services, a Partnership located in the State of California, hereinafter referred to as “Service Provider .” The SCLAA and Service Provider are sometimes hereinafter referred to individually as a “ Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the SCLAA requires Security Services; and

WHEREAS, in light of the facts set forth above, the SCLAA desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Security Services; and

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND

PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

Section 2. SCOPE OF SERVICES

Service Provider shall provide to the SCLAA those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference.

Section 3. COMPENSATION

The SCLAA shall pay a total amount not to exceed Four Hundred Six Thousand One Hundred Fifty-one and 75/100 DOLLARS ($406,151.75 ) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4. 2 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

Section 4. BID PROPOSAL FORM

The SCLAA shall pay Service Provider as provided in the Bid Proposal Form, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference . The provisions of Exhibit “B” notwithstanding, in order to receive payments, Service Provider shall be required to submit to the SCLAA monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the SCLAA approximately thirty (30) working days following receipt of Service Provider’s invoice.

Section 5. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an initial term of One (1) year, commencing on July 1, 2023 (the “Commencement Date”) and expiring on June 30, 2024 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

This Agreement may be extended for Four (4) additional one-year periods (hereinafter “Option Periods”), at the option of SCLAA, subject to satisfactory performance as determined by the SCLAA. The SCLAA shall give Service Provider sixty (60) days advance written notice prior to the expiration the initial Term and sixty (60) days advance written notice prior to the expiration date of each subsequently exercised Option Period, if any, should the SCLAA decide to exercise its option(s) to extend. In the event the SCLAA does not give Service Provider such written notice of its option to extend, this Agreement shall terminate at the end of the then- current Term or Option Period without further notice from either Party , unless terminated earlier pursuant to the provisions of Section 21 below. Should the SCLAA fail to give Service Provider the sixty (60) days written notice of its intention to exercise any Option Period, the SCLAA may, in its sole discretion, elect to exercise any Option Period at a later date, following written inquiry from Service Provider.

Section 7. INDEPENDENT CONTRACTOR STATUS

Service Provider shall at all times during the Initial Term of this Agreement , and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

SERVICE PROVIDER

a. Service Provider represents and acknowledges the following:

(1) The SCLAA is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement.

3 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

(2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the SCLAA.

(3) The services described in this Agreement can be performed without the use of the SCLAA equipment, materials, tools , or facilities, unless otherwise provided under a separate Agreement.

(4) Nothing in this Agreement shall be interpreted to imply that the SCLAA must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement.

(5) T he SCLAA will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement.

(6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the SCLAA.

b. T he SCLAA represents and acknowledges the following:

(1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement.

(2) T he SCLAA will not hire, supervise , or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the SCLAA from hiring Service Provider’s employees or assistants after termination of this Agreement.

(3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the SCLAA on a continuing basis after termination of this Agreement.

(4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement.

(5) Service Provider is not required to devote full time to the business operations of the SCLAA in order to perform the services set forth in this Agreement.

(6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on the SCLAA- owned property.

(7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest.

Section 9. NOT AGENT OF THE SCLAA

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the SCLAA or Service Provider or by any third person to create the relationship of principal and agent.
4 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

b. Service Provider shall have no authority, express or implied, to act on behalf of the SCLAA in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the SCLAA to any obligation whatsoever.

Section 10. LICENSES AND PERMITS

Service Provider represents that it has obtained and will maintain at all times during the initial Term, and ( if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications , or permits necessary for performing the services described in this Agreement.

Section 11. WARRANTY

Service Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services.

Section 12. FAMILIARITY WITH WORK

Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the SCLAA , Service Provider shall immediately inform the SCLAA of such fact and shall not provide any services, exce pt at Service Provider's risk, until written instructions are received from C. Eric Ray, Airport Director or his designee.

Section 13. CONFLICTS OF INTEREST

Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the SCLAA determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service P rovider shall file such Form 700 with Authority Secretary’s Office pursuant to the written instructions provided by the Authority Secretary.

Section 14. COMPLIANCE WITH LAWS

Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, o fficers, or board members.

Section 15. COMMERCIAL GENERAL AND

AUTOMOBILE LIABILITY INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two 5 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, l oss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement , and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1 ,000,000) combined s ingle limit , covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers , agents and independent contractors in performing the services required by this Agreement.

Section 16. WORKERS' COMPENSATION INSURANCE

a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law.

b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA.

Section 17. RESERVED

Section 18. ADDITIONAL INSURED

Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, all insurance policies, except for the Workers' Compensation policy, shall be endorsed to name the SCLAA, the City of Victorville , and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the Authority Counsel, as Additional Insureds

Section 19. WAIVER OF SUBROGATION RIGHTS

Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, independent contractors, and subcontractors.

Each policy of insurance shall be endorsed to reflect such waiver.

Section 20. PROOF OF INSURANCE COVERAGE;

REQUIRED ENDORSEMENTS

a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement.

b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days 6 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given.
c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days w ritten notice to the SCLAA of such termination or expiration.

d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement.

e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Service Provider’s insurance and shall not contribute with it.”

Section 21. TERMINATION OR SUSPENSION

a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of t his Agreement for satisfactory services rendered or supplies actually furnished prior to the ef fective date of termination.

b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination.

Section 22. TIME OF THE ESSENCE

Time is of the essence in the performance of this Agreement.

Section 23. INDEMNIFICATION

a. Service Provider shall defend, indemnify , and hold harmless the SCLAA , its officers, employees, representatives , and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for any personal injuries, deaths, or property damage (including property owned by the SCLAA), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the SCLAA's own negligence or willful misconduct, or that of its officers or employees.

b. T he SCLAA does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the SCLAA, or the deposit with the SCLAA, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether 7 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

Section 24. REPORTS

Upon request by C. Eric Ray, Airport Director or his designee, Service Provider shall prepare and submit reports to the SCLAA concerning Service Provider's performance of the services required by this Agreement.

Section 25. RECORDS

a. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable C. Eric Ray, Airport Director or his designee, to evaluate the cost and the performance of such services.

b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

c. C. Eric Ray, Airport Director or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to C. Eric Ray, Airport Director or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED

Section 27. CONFIDENTIALITY

a. Any and all documents and information obtained from the SCLAA or prepared by Service Provider for the SCLAA shall be kept strictly confidential unless otherwise provided by applicable law. All the SCLAA data, documents and information shall be returned to the SCLAA upon termination of the Agreement.

b. Any drawings, specifications, reports, records, documents , or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of C. Eric Ray, Airport Director , or his designee, or as required by applicable law.

c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the SCLAA, except with th e prior written approval of C. Eric Ray, Airport Director or his designee, or as required by applicable law.

Section 28. PRINCIPAL REPRESENTATIVES

a. Steve Claton, President, is designated as the principal representative of Service Provider for purposes of communicating with the SCLAA on any matter associated with the performance of the services set forth in this Agreement.

8 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

b. C. Eric Ray, Airport Director or his designee, shall be the principal representative(s) of the SCLAA for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS

This Agreement may be modified or amended only by a written instrument signed by both Parties.

Section 30. ENTIRE AGREEMENT

a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the SCLAA and Service Provider with respect to the subject matter of this Agreement.

b. This Agreement contains all of the covenants and Agreement s between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement.

c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.

Section 31. AMBIGUITIES

This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them.

Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement.

Notwithstanding the foregoing, the Parties agree that Exhibit “B ” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “B”, the terms of this General Services Provider Standard Agreement shall control, and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement.

Section 32. NOTICES

a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

9 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

To the SCLAA: C. Eric Ray, Airport Director
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394

To Provider: Steve Claton, President
Universal Protection Services, LP dba
Allied Universal Security Services
450 Exchange
Irvine, CA 92602

b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 33. NON-LIABILITY OF THE SCLAA OFFICERS

AND EMPLOYEES

No officer or employee of the SCLAA shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Service Provider or to its successor (s), or for any breach of any obligation of the terms of this Agreement.

Section 34. REVIEW BY ATTORNEYS

Each Party hereto has had its attorney (s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney (s) and has negotiated the terms of this Agreement based on such consultation.

Section 35. WAIVER

a. No waiver shall be binding unless executed in writing by the Party making the waiver.

b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.

c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement.

Section 36. ASSIGNMENT

This Agreement shall not be assigned by either Party without prior written consent of the other Party.

Section 37. CARE OF WORK

The performance of services by Service Provider or the payment of money by the SCLAA shall not relieve Service Provider from any obligation to correct any incomplete, 10 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

inaccurate, or defective work at no further cost to the SCLAA, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider.

Section 38. C APTIONS AND HEADINGS

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties.

Section 40. GENDER

In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 41. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs , or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair , or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 42. GOVERNING LAW

The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 43. DEFAULT

a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder.

b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, s pecifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.

11 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

Section 44. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 45. VENUE

All proceedings involving disputes over the terms, provisions, covenants , or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 46. A TTORNEYS’ FEES

In the event any action, suit , or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement , or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys ’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 47. EFFECTIVENESS OF AGREEMENT

This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Service Provider, approved by the SCLAA’s Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman.

Section 48. REPRESENTATIONS OF PARTIES AND

PERSONS EXECUTING AGREEMENT

a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto.

b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent.

12 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

Section 49. COUNTERPARTS

This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement.

(END OF THIS PAGE)

13 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below.

SOUTHERN CALIFORNIA LOGISTICS UNIVERSAL PROTECTION SERVICES, LP

AIRPORT AUTHORITY DBA ALLIED UNIVERSAL SECURITY

SERVICES

By: _____________________________ By: _____________________________ Debra Jones, Steve Claton,
Authority Board Chairman President

Dated: ___________________________ Dated: _________________________

ATTEST

By:_______________________________
Jennifer Thompson,
Authority Secretary

Dated:_____________________________

SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM

AUTHORITY

By: ______________________________ By: _____________________________ Sandra Bostick, Andre de Bortnowsky,
Authority Risk Manager Authority Legal Counsel

Dated: ___________________________ Dated: _________________________

14 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

EXHIBIT A

SCOPE OF SERVICES
SCLAA agrees to engage Service Provider and Service Provider agrees perform the W ork as generally described in the Request for Proposal, Project CC23- 100 to include all applicable Addenda, portions of which are attached hereto for ease of reference as Exhibit "A", and the entirety of which is currently on file in office of the Authority Secretary and the prices set forth in Service Provider’s Bid Proposal (attached as Exhibit "B").

CC23-100 SECURITY SERVICES 13

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY (SCLAA) CC23-100 SECURITY SERVICES

SECTION B - SCOPE OF SERVICES

I. BACKGROUND

The Security at the Southern California Logistics Airport (SCLA) is typically provided during daytime hours by the SCLA staff. Nighttime security is contracted to a qualified vendor (hereafter referred to as “Security Firm”) via a specific service contract. This solicitation seeks a reasonably priced, qualified Security Firm that is able to meet the physical security needs of the SCLA.

The SCLA is comprised of two distinct and separate components, the “off airport” and the “on airport” sides. The “on airport” component is generally the property on the north side of Phantom West, whereas the “off airport” component is everything on the south side of Phantom West, including the old, dilapidated Housing Area. The central part of the “on airport” component is the Airport Operations Area, which entails the fenced airfield.

Today the airport is a growing and thriving center of activity with many new aviation and non-aviation business activities and facilities. The growing level of activity has increased the need for diligent service and vigilance in the area of security. In order to service its existing customers and provide for the future of development at Southern California Logistics Airport, it is imperative that the SCLA and Security Firm staff provide an environment that is “user friendly” while at the same time allowing for a comfortable level of security.

II. SC

OPE OF SERVICES
Description of Services – The Security Firm shall provide all manpower, material, supplies, vehicles and equipment (except as otherwise provided by SCLA) and shall plan, schedule, coordinate, and ensure the effective performance of all services described herein. The Security Firm shall provide security services in accordance with the following requirements at:

Southern California Logistics Airport
18374 Phantom West
Victorville, CA 92394

It is the intent of this specification to request approximately 11,700 annual hours of unarmed coverage.

1. The SCLA will require the Security Firm to provide a minimum of two (2) Uniformed Security Guards and two (2) dirt road capable vehicles per shift, seven days a week. The proposed schedule is 15:00 to 07:00 every day, seven days per week.

2. For each shift, one (1) Airport Security Guard will be stationed at the monitoring EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
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station located at 18374 Phantom West. The purpose of this position is to monitor the airport security access control system and dispatch the other Security Guard to areas of concern. This Airport Security Guard will be responsible for a short patrol of the landside perimeter of the Airport. The patrol route is approximately 3.5 miles.

3. For each shift, one (1) Airport Security Guard shall patrol a designated route as described in the Post Orders. The patrol route is approximately 22 miles. 13 miles of which are within the on-Airport property and 9 miles on the off-Airport property.

4. One of the Airport Security Guards shall be a Working Supervisor. The Working Supervisor shall function as a Security Guard working shifts and having the responsibility to:

• Conduct guard training
• Coordinate guard schedules
• Manage security personnel issues
• Act as liaison between SCLA Airport Manager and the Security Firm • Prepare and Issue Post Orders
• Ensure SCLA Security Standards are met or exceeded

5. The Security Firm shall ensure that each of the two (2) dirt road capable vehicles are equipped with, but are not limited to the following items:
• Hard wired amber rotating beacon with high intensity LED bar lights • Hard wired high intensity spotlight
• Hard wired/mounted rechargeable flashlight
• Mobile phone and vehicle charger
• First Aid Kit
• Fire extinguisher
• Traffic cones
• Shovel

The SCLA reserves the right to task the Security Firm for additional service hours and/or change the proposed schedule with 48 hours prior notice.

The Security Firm shall provide the SCLA with fully trained Airport Security Guards possessing valid driver’s license and Airport issued ID badges with driver’s qualification at all times to perform the services as prescribed herein.

Post Orders will be prepared by Airport Management. Airport Management shall work with the Security Firm’s representative with the implementation of Post Orders for every post to which the Security Firm is assigned. The Post Orders will describe the current duties and responsibilities for each security post and may be revised by the Airport from time to time. Post orders are considered Sensitive Security Information per CFR 1520 and will be disclosed to Security Firm prior to beginning services under this Scope of Services. Except for emergencies, no deviations from Post Orders shall be made.

Security Guards will be required to perform a variety of security and facility related duties, EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
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depending on the type of posts to which they are assigned. Security Guards must be thoroughly familiar with the Post Orders at all posts where they are assigned to work.

Security Guards shall know the location of and usage instructions for the nearest first aid kit, fire extinguisher, fire alarm, and shall be ready, willing, and able to use them as necessary and as required by the Post Orders.

Security Guard post assignments may include, but are not limited to, the following duties and responsibilities:

A. M onitoring Station Access Control: The Monitoring Station Post requires one Security Guard and one (1) dirt road capable vehicle. Security Guard will monitor airfield radios, the airport security access control system, provide preauthorized escort, conduct short landside patrol, assist Roving Patrol Security Guard, and enforce personnel identification requirements of people on the Airport Operations Area (AOA). The Monitoring Station Security Guards will be responsible for maintaining Daily Activity Reports (DAR’s), and document all calls, incidents and occurrences reported by the Roving Patrol Security Guards. This Security Guard may leave his/her post for brief periods as requirements necessitate. Examples of what may necessitate his/her absence include providing escort services on- airport, responding to emergencies, backing up the other Security Guard, etc. It is not envisioned that this individual would be absent from his/her post more than thirty (30) minutes at any one time.

B. R
oving Patrol: The Roving Patrol Post requires one Security Guard and one (1) dirt road capable vehicle. The Roving Patrol Security Guard will make patrols in accordance with routes and schedules established in the Security Guard Post Order Assignment. Roving Patrol Security Guard will observe, detect, report, and respond to all suspected or apparent security violations. Roving Patrol Security Guards will be responsible for maintaining DAR’s, and document all incidents and occurrences encountered during the patrol tour. Roving Patrol Security Guard duties will be performed in a professional manner. Roving Patrol Security Guard shall observe the environment, and when necessary, question persons whose activities arouse suspicion, and enforce personnel identification requirements of people on the Airport Operations Area (AOA). Unless otherwise stated in Post Orders, Roving Patrol Security Guards will serve as the first responder to all security alarms and emergency situations occurring within the area of assignment.

Roving Patrol Security Guards must provide and maintain complete and effective surveillance, protection and inspection of all internal and perimeter areas within the designated parameters and authority of their assigned post.

C. S
tanding or walking post: A location where the Security Guard might be posted for the purpose of securing: property; an access point; equipment; or similar matter on an as-needed basis. Security Guards will provide on-site security and control access to the post area, observing, detecting, and reporting violations, as directed by the Post Orders. The Guards will be responsible for maintaining Daily Activity Records (DAR’s) and documenting all incidents and occurrences throughout the duration of the shift.

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D. Escort: Safely perform escort duties for Airport visitors to and from appropriate sites.

E. U nauthorized Access: Discover, detain, and prevent persons attempting to gain unauthorized access to the property.

F. R eports and Records: All Security Guards shall prepare and submit required reports on accidents, fires, bomb threats, unusual incidents, and unlawful acts as well as shift reports. Any additional information as directed.

G. R ules and Regulations: Observe for compliance with the SCLA Rules and Regulations.

H. E mergencies: Respond to emergency situations as required by established procedures or SCLA Staff.

I. S afety : Observe and report safety hazards as required by established procedures or SCLA Staff.

J. M onitor: Observe security cameras for unusual activities and report on said activities.

K. C ommunication: Answer the airport telephone and respond as required by established procedures.

L. No tification: Notify airport management of unusual activities as required by established procedures.

M. Fac ility Knowledge: With guidance from airport provided maps, Securit y Personnel must be thoroughly familiar with the following at all sites:

1. E mergency shut offs:
a. Water
b. Gas
c. Electrical
d. Fire Alarm

2. Fire alarm pull stations

3. Fire exit locations

4. Fire extinguisher and fire standpipes

5. Fire doors
a. Locations
b. Operation

6. Burglar alarm system

7. Emergency Telephone Numbers

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Survey – Upon award of this contract, but before taking up the security services responsibilities provided by its terms, the Security Firm shall, at its own expense, conduct a survey of the SCLA premises outlined in the Scope of Services for the purpose of:

1. Familiarizing all management, supervisory and training personnel with the designated posts and areas included in the Scope of Services.

2. Establishing the procedures necessary for training assigned personnel to perform the duties on each post.

The Security Firm will certify in writing to SCLA Management that the above requirements have been fully met before assigning Security Guards to any SCLA post.

Safety and Emergency Plans – Immediately after award of the contract and prior to performance, the Security Firm and SCLA Management will make an on- site, in-depth review of the safety and emergency requirements to include, but not be limited to the following:

1. Policies and specific procedures for responding to alarms and emergencies. (Post Orders, After-Hour Calls SOP, Building Burglar Alarm Priority Call list, Building Numbers, DAR’s).

2. Floor plans and area maps of the facilities which depict emergency evacuation routes, locations and types of each fire alarm, locations of shut -off valves or switches, and special instructions pertaining to security controls, if needed.

3. Emergency Evacuation Plan, including a detailed review of the exact responsibility for each Security Post, if needed.

The result of this review will be to develop a Safety and Emergency Plan prior to the contract start date which will include, but not be limited to:

1. Building Emergency Procedures.

2. Fire Drill Procedures.

3. Safety Procedures, Inspections, Training, and Fire Awareness programs.

SCLA Representatives will review and approve the Safety and Emergency Plan prior to implementation as well as any subsequent additions, deletions and/or revisions hereto.

Management Controls, Supervision and Communication – The Security Firm shall be fully responsible for the direct supervision of its own employees by its own management personnel. An overall Manager shall be appointed and assigned as the SCLA point of contact and provide overall Contract Management of the Security Firm. The Manager must have the responsibility and authority to fully represent the Security Firm on all matters pertaining to this contract.

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CC23-100 SECURITY SERVICES 18

The Manager responsibilities include, but are not limited to:

1. Review of Security Post Orders for contract Security Guards which are consistent with SCLA’s internal security procedures. Updates and revisions of Post Orders must be approved by SCLA Management.

2. Development and administration of a training program and updating that program on a regular basis.

3. Final interview and approval of contract employees, prior to assignment to SCLA.

4. Swiftly addressing all personnel concerns, issues, and recommendations presented by SCLA Management.

5. Ensuring minimal turnover of assigned security personnel.

6. Maintenance of schedules, including the approval of vacations and personal days off.

7. Preparation of payroll, and distribution of paychecks.

8. Submission of monthly requests for payment on SCLA provided invoice forms which are to be signed certifying the Security Firm has followed the wage requirements brought forth by the SCLA. The SCLA reserves the right to interview employees from time to time without notice to ensure these wage requirements are being met.

9. Maintenance of quality standards to include disciplinary action and positive motivation programs.

10. Review of all DAR’s and all Incident Reports prepared by Security Guards.

11. Resolution of Security Firm employee concerns regarding conduct, pay, equipment, uniform replacements, and appearance standards.

12. Resolution or referral to Security Firm management, of human resources problems and grievances of employees.

13. Quarterly review of all security operations with written recommendations for improvement to SCLA management.

14. Develop and maintain conformance with the Safety and Emergency Plan.

The Security Firm shall also provide administrative controls and monitoring to assure contract compliance and that professional security and safety services are being maintained at the highest level. Included in this control and monitoring functions are:

1. Internal controls - employee administration, contract administration, schedule/dispatch, timekeeping, and billing.

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CC23-100 SECURITY SERVICES 19

2. Total Quality Management - quality control, audits, inspections, corrective ac tion planning and follow-up/reporting.

3. Compliance – Fire, life and safety; report requirements; appearance, conduct and job performance standards; adherence to Security Post Orders; and supervisory controls.

Security Post Orders – Airport Management shall develop a comprehensive set of Security Post Orders for each Security Post covered by this contract. Security Guards must be trained to know and understand these Security Post Orders and all Security Guards shall be required to review them in the presence of the Security Firm’s Supervisor on a regular basis. As determined by Security Post requirements, these orders shall include, but not be limited to, all pertinent information on:
• Security Post Description
• Emergency Procedures and Notification List
• General and Specific Post Instructions
• Access Control Procedure
• Patrol Procedures
• Report Formats, Passes, and various samples
• Standard Rules and Regulations
• Roving Patrol Maps and Diagrams as required
• Ingress and Egress Procedures
• Parking Enforcement
• Building Operations
• Inspection Tours
• Detection and Prevention
• Property Movement Procedures
• Fire and Safety Considerations
• SCLA Specific Issues/Guidelines

These orders shall be available for the Security Firm to review prior to the start of the contract. As needed, they shall be revised by SCLA Management from time to time. As a minimum, all Post Orders shall be reviewed at the start of each option year of this contract.

Personnel, Recruitment, Screening and Selection – The Security Firm is expected to conduct a comprehensive recruitment, screening, and selection process before assignment of any individual to SCLA. This process must be documented, and the complete documentation on any Security Guard, Supervisor, or other employee assigned to SCLA must be available for review by SCLA Management upon request.

The Security Firm shall describe the recruitment process for new and replacement personnel. This shall include the procedures for recruiting incumbent security personnel as a result of Security Firm change over. All applicable governmental laws and regulations must be adhered to regarding the recruiting and hiring process.

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CC23-100 SECURITY SERVICES 20

The Security Firm shall detail its application process to include:
• Interviewing
• Testing, by type
• Physical examinations, if any
• Drug Testing
• Background investigations, by type and degree
• Work experience verification

The following personnel standards shall apply to all Security Guards assigned to SCLA premises. Deviations from these standards require the written consent of the SCLA Management before the Security Guard is assigned to SCLA premises.

1. Education – All Security Guards shall be high school graduates or equivalent at a minimum. The Security Firm shall verify the compliance with this requirement prior to assignment of any individual to SCLA premises.

2. Employment Background – All Security Guards shall possess a solid employment history. Minimal standards for Security Firm’s employment investigation shall be verification of all employment for the past ten years, including any period of alleged unemployment or gap in employment of 30 days or greater, without significant negative information.

3. Criminal Record – All Security Guards shall have a clean criminal record. The Security Firm shall conduct local and statewide criminal record checks, to include areas of residence for the previous 10 years, to ensure no criminal record exists.

Candidates with criminal convictions, other than minor traffic offenses shall not be assigned to SCLA premises.

4. Driving Record – Security Guards shall possess driving records reflecting reasonable care and judgment. The benchmark for failure to meet this standard shall be:
• Three (3) moving violations within the past three (3) years. • Any upheld suspension or revocation of license within the past three (3) years.
• Or any conviction for driving under the influence of intoxicants (DUI), without a time limit.

5. Literacy – All Security Guards shall be able to understand, read, speak and write English intelligibly. This standard requires Security Guards be able to comprehend regulations, orders, training instructions and special instructions, and requires that Security Guards language comprehension is not only sufficient to perform routine duties, but also that complete fluency be maintained during emergency situations.

The Security Firm shall test the mental alertness of all applicants for positions at SCLA to evaluate applicant’s ability to compute and communicate accurately and effectively.

6. Physical Ability – All Security Guards shall be in good general health without physical defects or abnormalities which would interfere with performance of EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
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CC23-100 SECURITY SERVICES 21

Security Guard’s duties. Security Guards shall:
• Possess binocular vision correctable to 20/30.
• Be able to discriminate standard colors.
• Be able to hear ordinary conversation at 20 feet and whispered conversation at 10 feet with each ear.
• Be fully capable of normal or emergency duties requiring moderate to strenuous physical extension such as climbing stairs, ladders, and running.

7. Freedom from Drug Use – All Security Guards shall be demonstrably free from addiction to, or use of, illicit drugs, as determined by a NIDA -certified urinalysis drug screen (UDS) reviewed by a Medical Review Officer.

8. Appearance – Security Guard’s personal appearance must be exemplary.

Security Guards are expected to keep their clothing neat and well pressed at all times.

9. Public Relations Skills – All Security Guards shall possess satisfactory public relations skills, sufficient to permit them to interact positively with SCLA employees, and visitors, the media, outside law enforcement agencies, and the general public.

10. Discretion – Security Guards shall use excellent discretion in dealing with situations that do not readily fall into specific categories. Security Guards must possess and exercise strong personal interactive skills when dealing with the public.

11. Compliance with Registration Laws – All Security Guards shall be fully in compliance with all applicable state and local security personnel registration and licensing laws.

12. Age – All Security Guard candidates must be at least 18 years of age, as documented by an original or photocopy document.

Training – The Security Firm shall provide sufficient training to ensure that all Security Guards and other assigned staff are competent to perform all duties required under this contract. No additional hourly costs, to the hourly billing rate, are to be charged to SCLA for any aspect of the training program.

1) Airport Specific Training - The Security Firm employees designated for assignment at the Airport shall be required to take and pass Airport specific training and certification that includes an airport background check and driving on the airfield before starting work. Airport-specific training and certification shall be conducted by the SCLA Operations Department Staff and is expected to take approximately six (6) hours. The labor costs of the Security Firm’s staff associated with this training shall not be billable to the SCLA. The Airport Specific Training shall be required of all Security Firm staff prior to being assigned security duties and shall cover as a minimum the following:
• Airport Security and Driving
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CC23-100 SECURITY SERVICES 22

• Access Control Monitoring
• Airfield Radio Monitoring
• Storm Drain Assignments
• Airport Drivers Training
• On-Airport Familiarity Training

2) General Training - The SCLA Operations Department staff and the Security Firm’s supervisor shall provide each member of the Security Firm’s initial staff approximately six (6) hours of initial (pre- assignment) training that shall occur during the day. The labor costs of the Security Firm’s staff associated with this training shall not be billable to the SCLA and shall include, but is not limited to the following:

• Off-Airport Familiarity Training
• Post Order Training
• DAR and other documentation Training
• Area of Responsibility Training
• SCLA Rules and Regulation Training
• Training regarding appearance, attitude, and general demeanor • Standards of Conduct
• Telephone and Radio operations
• Emergency Notification
• Property Protection
• Safety
• Patrol Techniques
• Fire Prevention & Control
• Access Control
• SCLA Chain of Command
• Role of SCLA’s Security Control Center
• Rules of conduct
• Smoking prohibition
• Weapons prohibition
• Parking restrictions
• Arrest and detention prohibition
• Visitors Parking
• After-hours admittance procedures
• Parking and Traffic control procedures
• Procedures for deliveries and packages
• Property removal policies and procedures, and authorization list • Bomb Threat policies and procedures
• General incident and provide recurring and reporting
• Natural disaster emergency response and responsibilities • Key control
• Notification procedures, including after -hours notification, and policy on emergency notifications to police and fire departments
• Emergency notification numbers
• Specific response and responsibility, during a security alarm.

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CC23-100 SECURITY SERVICES 23

• Specific response and responsibility, during a fire alarm. • Specific response and responsibility, during a natural disaster emergency. • Emergency Evacuation Plan.
• Alarm annunciation panels: identification and silencing. • Location and purpose of essential fire detection and suppression system. • Location of hand-held fire extinguishers, restrooms, departments, loading dock areas, key areas within building and surrounding buildings. • Admittance procedures, including after-hours procedures. • Keys and equipment.
• Important phone numbers.
• Specific incident and routine recording and reporting.

3) Specialized Training - In addition to training described above, the Security Firm is required to ensure training for all Security Guards in CPR and First Aid. First Aid and CPR training will be arranged for the Security Guards by the Security Firm, at the expense of the Security Firm, prior to assignment to the SCLA and annually thereafter.

The Security Firm shall submit, and maintain, current copies of CPR and First Aid cards of each Security Guard assigned to the SCLA in the employees training file.

4) Ongoing Training - The Security Firm shall provide ongoing training to Security Guards after their initial Security Post training, to insure that any new policies and procedures are learned. The Security Firm shall explain in detail their programs of ongoing training, including new material updates, and any extension courses offered.

Ongoing training shall be scheduled during an employee's normal tour of duty.

5) Training Files - The Security Firm shall maintain a training file for each of its employees assigned to the SCLA. Said training file shall include all of the items described above via a checklist. These checklists are to be maintained and current at all times and shall be located at the SCLA Security Office. The SCLA reserves the right to inspect the training files at any time.

6) Additional Training - Should Security Guards be required by SCLA to participate in additional training provided by SCLA and should such training not be possible during the normal shift of the Security Guards, SCLA agrees to schedule such training as additional coverage, with the prior written approval of the SCLA Management, and may bill SCLA for such coverage. It is understood however, that this requirement is unlikely to occur, and that the sole responsibility for ongoing training of personnel assigned to SCLA resides with the Security Firm.

Standards of Conduct and Appearance – The Security Firm shall establish and maintain professional standards of conduct and personal appearance for all its employees assigned to SCLA premises including:
• Employee Competency
• Employee Conduct
• Integrity

While on duty at the SCLA, Security Guards shall be alert and attentive, and are prohibited EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
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from doing the following:
• Accepting gifts or money for any services rendered.
• Using personal wireless devices, watch movies, amusement devices, game or contrivance, including, but not limited to video games, computer games and e
lectronic games.
• Review school studies or reading materials that are not job related. • Using SCLA telephones for other than SCLA business.
• Smoke in airport vehicles.
• Leaving their posts without permission of the supervisor. • Entertaining personal visitors or conduct personal business on their watch. • Being under the influence of illegal drugs or alcohol or having any detectibl e am
ount of illegal drugs in their blood stream.
• Being under the influence of prescribed medications which may affect job performance.
• Displaying a discourteous, abrupt, abrasive, or belligerent attitude. • Using any employee workstation other than those designated for the Security Guard’s use.
• Using or tampering with SCLA equipment, such as computers, vehicles, tools, etc., not necessary for the performance of the Security Guard’s services. • Sleeping while on duty.
• Presenting or identifying themselves as an employee of the SCLA or City of Victorville.
• Expressing or interpreting policies, statements, and/or opinions of the SCLA t o
t
he media.
• Carry firearms, batons, handcuffs, knives, saps, brass knuckles, stun- gun, taser, oleoresin capsicum (Pepper) spray, or any tear gas agent at any time while on-duty. This includes but is not limited to, the employee’s vehicle or desk at any SCLA facility.

S
ecurity Firm shall ensure that sufficient personnel are available to provide continuous coverage at posts during breaks.

The s
tandards of personal appearance of Security Guards require individuals to present a neat appearance. These standards are not an attempt to depersonalize an individual, providing individuality does not interfere with, or detract from, proper wearing of the uniform. Appearance standards are:

U
niform: All security guards assigned to SCLA must be in identical uniforms of a professional appearance, quality and bearing. Uniforms must be clean and pressed.

Shoes or boots shall be clean and polished. In addition, all badges or hats worn by Security Guards shall also be cleaned and presentable. Security guards permanently assigned to SCLA must be in proper uniform before reporting to work.

Ey
e-glasses: Only prescription eyeglasses may be worn with the uniform. Sunglasses shall not be worn inside the building except on written recommendation of a physician.

Jew
elry: Security Guards shall not wear jewelry in their noses or ears, except for women with pierced ears who may wear earring studs. No excessive or “dangling” jewelry may EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
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be worn on the neck, w rist or waist. Two rings a nd a wristwatch only, may be worn on finger and wrist.

Beards and mustaches: the face shall be kept clean shaven, except for mustache if desired. If a mustache is worn, it shall be neatly kept and evenly trimmed so that no portion extends more than one-ha lf an inch beyond the line of the individual’s upper lip. However, exception will be granted for medical and religious reasons in accordance with applicable law.

Hair: Hair shall be neatly trimmed. It shall be neatly combed or brushed in such a manner that it remains clear of the forehead and does not extend below the band of the cap, for men. Women’s hair styles shall be reasonable for a bus iness office environment.

Sideburns: Sideburns shall not be conspicuous and shall be neatly trimmed at all times.

Sideburns shall not extend below the lower edge of the ear or forward past the vertical line of the outer corner of the eye. However, exception will be granted for medical and religious reasons in accordance with applicable law.

Tattoos: Visible tattoos shall not be obscene or offensive in nature or signify membership in, or affiliation with, a criminal enterprise, street gang, or any other group that advoc ates violence against individuals becaus e of their rac e, religion, political affiliation, ethnic origin, nationality, gender, sexual preference, or disability.

Should the Security Firm have additional or more stringent appearance requirements, Contractor shall assign guards who comply with those requirements.

Employee Benefits – Please provide details regarding your Employee Benefits Program in your proposal, including Security Firm billed holidays. • Major
medical, dental and vision insurance
• Life insurance
• 401(k) Retirement Savings Program
• Uniforms
• Vacations
• Overtime Pay
• Holiday Pay
• Tuition Assistance
SCLA
requires that all Security Firm employees assigned to the SCLA shall be allowed a minimum of one (1) week of vacation and one (1) week of sick leave on an annual basis.

Emergency and
/or Additional Security Coverage - Occasionally, additional Security Firm employees may be required by SCLA on a temporary basis in order to respond to such emergencies as fires, power outage, civil disturbance or natural disaster. In addition, SCLA requires the Security Firm to have sufficient trained replacements available on short notice and/or for various lengths of time to handle additional post requirements, absenteeism, vacations, leaves and short -term special coverage situations, without negative impact on SCLA security operations.

Often
there are special projects that will also require additional personnel. Security Firm must have the ability to negotiate a contract for additional personnel separate from the EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
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airport agreement at a reasonable cost. The cost to the contract must not exceed 120% of the airport contracted price based on services required. (i.e., if the normal cost to the airport were $100 the cost for additional services must not exceed $120.) The Sec
urity Firm shall at all times employ and provide sufficient and qualified personnel and equipment for executing the work in the manner and time required by these specifications. Any person employed by Security Firm whom the Airport determines does not perform work under the Agreement in a proper and skillful manner, is under the influence of drugs or alcohol, disorderly or abusive at assigned post, or does not demonstrate tact and diplomacy in dealing with others shall, at the request of the SCLA, be removed immediately and replaced by Security Firm at no additional cost to Airport The Sec
urity Firm shall have available for immediate assignment to SCLA supplemental personnel sufficient to cover all regularly required Security Posts, and other occasional posts which require trained Security Guards.

St
affing Restrictions - Former or current employees of SCLA are not to be employed by the Security Firm at SCLA under any circumstances, without the specific written authorization of the SCLA Management.

SC
LA has the right to request a drug and or alcohol test and the results thereof if SCLA reasonably suspects the employee is under the influence of drugs or alcohol.

SC
LA has the right to request removal of an employee from SCLA premises at anytime and for any reason. The Security Firm shall immediately comply and shall not reassign that employee to SCLA under any circumstances. It is understood that the removal from SCLA facility in no way affects the employment status with the Security Firm.

If
the Security Firm removes or reassigns a Security Guard from SCLA to another location under normal circumstances, the Security Firm shall apprise SCLA Management of this removal prior to its taking place. If the Security Firm removes a Security Guard from SCLA without prior notice, due to unacceptable job performance, SCLA Management is to be advised of the full particulars on the next normal business day. If this occurs during normal business hours, SCLA Management is to be advised immediately. The Security Firm shall be responsible for providing a replacement Guard to complete the required shift at no additional cost to the SCLA.

No S
ecurity Firm employee shall be assigned to work more than 12 hours in a row, within a 24-hour period. Every shift of eight hours or more must be preceded, and followed by, an off period of at least eight hours.

Sout
hern California Logistics Airport (SCLA) furnished items – The following supplies, materials, services and equipment shall be furnished by SCLA:
• Alarm systems and airfield radios, CCTV monitors and receivers, intrusion and motion detection devices and fire/safety equipment.
• Multiple line desk telephones deemed necessary by SCLA for conduct of official business under this contract.

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• Handheld airfield and 2-way radios.
• All administrative forms prescribed for use by Security Guards while on duty. • Utilities necessary for the performance of this contract. • Building space and furnishings to accommodate the requisite number of Security Guards and other employees assigned to this Contract. • Access to the SCLA Staff break room will not be provided and shall remain off limits to the Security Firm.

SCLA Management requires the Security Firm to keep the office clean and neat.

SCLA Management shall withhold final payment pending office inspection; Security Firm shall bear the expense to return the office to acceptable conditions.

Security Firm furnished items - The following supplies, materials, services and equipment shall be furnished by the Security Firm:

1. All operational forms and office supplies required to fulfill this contract.

2. Security Guard Uniforms. The Security Firm shall furnish and maintain in acceptable condition, and replace due to normal wear and tear, at no cost to the Security Guards, all uniforms necessary to perform the work required by this contract. Uniform type and color to be agreed upon by SCLA Management.

3. Each Officer on duty shall be equipped with supplementary equipment including but not limited to, notebooks, pens, pencils, and a flashlight . Replacement flashlight batteries and bulbs and inclement weather clothing must be available for issue when necessary. Security Guards shall not be permitted to provide them - selves with unauthorized supplemental or personal equipment, such as chemical agent devices, firearms, knives, "come-along", or other such non-standard items.

4. Dirt Road Capable Vehicles maintained in acceptable condition to allow personnel to perform assigned duties. The Security Firm shall have their Logo or Insignia on their vehicles for proper identification.

5. Cellular telephones.

6. The SCLA reserves the right to return Security Guards for failure to wear a clean and proper uniform. An improperly attired guard must be replaced immediately by the Security Firm AT NO ADDITIONAL COST TO SCLA.

Reports and Records - The Security Firm shall provide thorough, effective and accurate recording and reporting of all security service operations, activities and incidents. The Security Firm shall develop and implement, with SCLA's approval, a complete paperwork management program to include adequate and appropriate reports and records. The Security Firm shall describe the forms, records and reports proposed and utilized for the contract. In the event that computerization of forms and logs takes place, an un -edited copy shall be e-mailed to SCLA Management daily.

Start-up / Transition - The start/up transition period is important in establishing a viable EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
29/General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100 CC23-100 SECURITY SERVICES 28
contracted Security Services Project. The SCLA anticipates the Security Firm to commence providing services on July 01, 2023, upon award of contract. Therefore, the start-up/transition functions, activities, and training must be carefully planned and scheduled with the SCLA Staff to occur immediately upon award of contract during both daytime hours and during the night hours when the Security Firm is on duty.

Cont
ract Terms – A contract awarded as a result of this solicitation will commence after award by Authority Board and a notice-to-proceed is given. The initial contract is for one (1) year with four (4) one year renewal options based on satisfactory performance approved by the SCLA Management.

EXHIBIT A, SCOPE OF SERVICES, PROJECT CC23-100
30/General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100 15 General Services Provider Standard Agreement/Universal Protection Services, LP dba Allied Universal Security Services/Project CC23-100

EXHIBIT B

BID PROPOSAL FORM

See Attachment

Year Hours Billing Rate Total Amount Year 1 Costs
1 8775 28.08 246,402.00 Guard 246,402.00 2 8775 28.82 252,895.50
3 8775 29.56 259,389.00
4 8775 30.30 265,882.50
5 8775 31.04 272,376.00
1,296,945.00
Year Hours Billing Rate Total Amount Year 1 Costs
1 2925 35.47 103,749.75 Supervisor 103,749.75 2 2925 36.58 106,996.50
3 2925 37.69 110,243.25
4 2925 38.79 113,460.75
5 2925 39.90 116,707.50
551,157.75
1,848,102.75
Year 1 Costs
36,000.00 Vehicles 36,000.00
180,000.00
Allied Universal
Name Steve Claton
Signature
Date 6/1/2023
Total
Airport Security Guard
Airport Security Working Supervisor
Total
Allied Universal Bid Summary CC23-100
Year 1 Grand Total 386,151.75
Labor Cost July 2023 - June 2028
Annual Cost for Two Vehicles
5 Year Cost for Two Vehicles
Grand Total 5 Year Cost of Labor
and Vehicles 2,028,102.75

EXHIBIT C

EXCEPTIONS ACKNOWLEDGEMENT

450 Exchange, Irvine, CA 92602 • T: 714-619-9700 • F: 714-619-9701

May 25, 2023

James Murawski
Airport Operations and Facilities Manager
Southern California Logistics Airport Authority
18374 Phantom West
Victorville, CA 92394

Dear Mr. Murawski:

This letter is to certify that we have agreed to waive the specified exceptions that were submitted with our proposal dated May 4, 2023. Please see attached listed exceptions as previously submitted. We have noted the one that has been accepted and the rest rejected as per your request.

If any further information is needed, please feel free to contact me or my Assistant and Contract Administrator at 714-619-9743 – [email protected]. My contact information is below.

Sincerely,

Steve Claton
SW Regional President

Allied Universal
714-619-1719
[email protected]

450 Exchange, Irvine, CA 92602 • T: 714-619-9700 • F: 714-619-9701

SOUTHERN CALIFORNIA LOGISTICS AIRPORT (SCLA)
CC23-100 SECURITY SERVICES

EXCEPTIONS FORM
Page Number: 6 Section Title: Terms and Conditions
Paragraph Number: 9.A.4 REJECTED
Exception Taken:

Allied Universal regularly adds clients to our insurance as additional insureds, so long as our obligations do not exceed the liability we have agreed to assume under the applicable contract and the specified insurance limits we have agreed to provide. Our blanket additional insured endorsements, which are written in manuscript form, cover all parties we are required by written contract to include as additional insureds, to the extent of the liability we have undertaken in such contract and the required coverage amount specified in such contract. Accordingly, we respectfully request the following revisions:
• On line 3, replace the word “name” with the word “cover.” • Insert the following after the reference to “Additional Insureds” at the end of the paragraph:
o “… to the extent of the liability assumed by the Security Firm under this contract and up to the required insurance coverage amount. Coverage for additional insureds may be provided by a blanket endorsement that covers additional insureds where required by w Page Number: 6 Section Title: Terms and Conditions Paragraph Number: 9.C REJECTED
Exception Taken:

Allied Universal maintains insurance deductibles and retentions that have been determined as optimal for a company of our size and financial strength after careful review with our insurance advisors, and they cannot be eliminated or reduced with respect to a specific client. We have demonstrated to our insurers the financial ability to fund those deductibles and retentions over an extended period of time.

Should the SCLAA require added security, we can provide the guaranty of our parent company of losses and expenses that fall within the SIRs and deductibles. Accordingly, we respectfully request that the second sentence of the cited paragraph be replaced with the following:
• “Approval of self-insured retentions and deductibles shall not be unreasonably withheld upon Security Firm’s demonstration of financial capacity to carry said deductibles and self-insured retentions. Should the SCLAA require added security, the SCLAA shall accept a financial guarantee of Security Firm’s parent company guaranteeing payment of losses and related claims investigation, administration and defense expenses that fall within the policy self-insured retentions and deductibles.”

450 Exchange, Irvine, CA 92602 • T: 714-619-9700 • F: 714-619-9701

Page Number: 9-10 Section Title: Terms and Conditions Paragraph Number: 19 REJECTED
Exception Taken:

Allied Universal stands behind our security services and regularly accepts the obligation to assume responsibility for the comparative portion of any losses or damages that are directly caused by the negligent acts or omissions of our personnel in the performance of security services under client agreements. Accordingly, we respectfully request the following revisions:
• On lines 6 of the main paragraph, delete the phrase “arising or alleged to arise out of or in connection with” and replace it with the phrase “to the extent caused by”. • On line 8 and line 9 of the main paragraph, delete the phrase “arising or alleged to arise from” and replace it with the phrase “to the extent caused by”. • On lines 2-3 of Subsection (2), delete the phrase “arising or alleged to arise out of or in connection with” and replace it with the phrase “to the extent caused by”. • On line 3 of Subsection (3), delete the phrase “arising or alleged to arise out of or in connection with” and replace it with the phrase “to the extent caused by or, in the case of defense costs, alleged to be caused by.”

Page Number: 25 Section Title: Scope of Services
Paragraph Number: “Beards and Mustaches” and “Sideburns” ACCEPTED Exception Taken:

We note the prohibition on beards and limits on sideburns in the cited Sections. We respectfully request that the SCLA clarify that those specifications are subject to legally mandated exceptions for medical and religious reasons by inclusion of the following at the end of both of the cited Sections:
• “However, exceptions will be granted for medical and religious reasons in accordance with applicable law.”

Page Number: 49 Section Title: Sample General Service Provider Agreement Paragraph Number: 18 REJECTED
Exception Taken:

Although the cited Paragraph is captioned “Additional Insured,” the substance of the paragraph addresses waivers of subrogation. Allied Universal does not object to the waiver of subrogation provision addressed in the substance of the paragraph. However, if SCLAA intended to insert the same

450 Exchange, Irvine, CA 92602 • T: 714-619-9700 • F: 714-619-9701 additional insured provision as that which appears in Paragraph 9.A.4 of the Terms and Conditions, please see Allied Universal’s exceptions to that provision, which are set forth above.

Page Number: 50-51 Section Title: Sample General Service Provider Agreement Paragraph Number: 23(a) REJECTED
Exception Taken:

As noted above, Allied Universal stands behind our security services and regularly accepts the obligation to assume responsibility for the comparative portion of any losses or damages that are directly caused by the negligent acts or omissions of our personnel in the performance of security services under client agreements. Accordingly, we respectfully request the following revisions:
• On line 5, replace the phrase “which may arise out of” with the phrase “to the extent caused by.”
• On line 7, replace the word “proven” with the phrase “determined, whether by court judgment or settlement mutually agreeable to the parties.”

Item Number: 21
City Council / Board of Directors
Written Communications
Meeting of: June 6, 2023
Submitted By:

Keith C. Metzler, City Manager

Subject:

Law Enforcement Contract #94-909-A-51, Memorandum of Understanding with the Victor Valley Union High School District, Victor Elementary School District, and Adelanto Elementary School District to Fund School Resource Officers and Agreement Between the City of Victorville and Macerich Victor Valley, LP
Recommendation:

That the Honorable City Council:
(1) Approve the Fifty-First Amendment to Law Enforcement Contract #94-909-A-51 for the period of July 1, 2023, through June 30, 2024, and authorize the Mayor or her designee to process all documents required for this agreement; (2) Approve the Memorandum of Understanding (MOU) by and between the City of Victorville and the Victor Valley Union High School District, the Victor Elementary School District, and the Adelanto Elementary School District for the same period to fund School Resource Officers, and authorize the City Manager or his designee to process all documents required for the agreement; and
(3) Approve the agreement by and between the City of Victorville and Macerich Victor Valley, LP (Macerich) for one Deputy and authorize the City Manager or his designee to process all documents required for the agreement.

Fiscal Impact:

This Amendment to the Law Enforcement Contract totals $36,878,365, an increase of $2,499,311 from the prior amendment. Sufficient funds will be budgeted in the FY 2023- 24 budget (1002001-52300) to cover the contract amount expense along with a reimbursable from the Victor Valley Union High School District (VVUHSD), Victor Elementary School District (VESD) and Adelanto Elementary School District (AESD) for their respective shares of costs for the School Resource Officers (SRO) and Macerich for one Deputy.
3 1
4 3
Strategic Plan Goal:

The City of Victorville Strategic Plan 2020-2023 identifies multi-year strategic goals and various strategies to work toward achieving those goals. Goal B, Public Safety, focuses on implementing public safety strategies to support a thriving and growing community. In accordance with one strategy outlined within the plan, engaging in proactive policing, the City Council has previously approved an MOU with the VVUHSD, VESD, and the AESD for SRO.

Background:

Since 1963, Victorville has contracted with the San Bernardino County Sheriff for law enforcement services. On April 12, 2023, San Bernardino County Sheriff Shannon Dicus held an annual meeting with contracting agencies and their respective City Manager’s to discuss the upcoming contract changes and cost projections as outlined in the Schedule A for FY 2023-24.

Discussion:

The Fifty-First Amendment to Law Enforcement Contract #94-909-A-51 replaces the Schedule A, providing law enforcement services to the City of Victorville for the period of July 1, 2023 through June 30, 2024.

This Schedule A Amendment includes an increase from the previous contract in the amount of $2,499,311 or 7.2%. The increase is partially related to the addition of one (1) Detective/Corporal, one (1) Office Specialist, and one (1) SRO K-9, along with an annual increase of 5.3% with the Sheriff's Employees' Benefit Association (SEBA) MOU. The SEBA MOU will be in the fourth year of a five-year agreement beginning in FY 2023-24.

Accordingly, police staffing includes the following:

Sworn Officers 107
General Support Staff 44.18
Total 151.18
The additional Detective/Corporal to this amendment is being added to enhance the supervision of the 11 personnel that were added in FY 2021-22 through Measure P, as well as the additional SRO for the three school districts. As most of the deputies assigned to Patrol and Traffic are new to the Victorville Station, the Detective/Corporal position will be utilized to supervise and train the said deputies. Following the addition of personnel in previous years, the administrative side has increased its workload supporting operations.

The additional Office Specialist will assist other administrative staff in supporting operations and enhancing the efficiency of processes and requests from the public.

VVUHSD has requested an additional SRO with a K-9 for FY 2023-24 that will be assigned to the District for investigative matters and has agreed to fund this position at 100% of the cost.

These staffing levels also include three (3) SROs assigned to VESD, four (4) SRO assigned to the VVUHSD, and one (1) SRO assigned to the AESD. The attached MOU with the respective Districts represents those officers working in and around the schools to provide a safer learning environment. The MOU serves as the mechanism to gain 3 1
4 3
reimbursement for the use of said services and effectively offsets the San Bernardino County Sheriff’s Contract.

The MOU with VESD will pay 75% of the cost of two (2) deputies, 100% of the cost of one (1) deputy, and include fuel and maintenance of two and one half (2.5) marked police vehicles which amounts to $771,813.63. The MOU with VVUHSD will pay 75% of the cost of two (2) deputies, fuel and maintenance of one and one half (1.5) marked police vehicles, and two (2) SRO at 100%, including fuel and maintenance of two (2) marked police vehicles, which amounts to $1,105,606.11. The two (2) SRO positions funded at 100% reflect one added in FY 2022-23 and the new SRO with a K-9. The MOU with the Adelanto Elementary School District will pay 100% of the cost for one (1) Deputy and include fuel and maintenance of one (1) marked police vehicle which amounts to $308,205.70.

The Deputy assigned to the Mall of Victor Valley was added in May 2022 at the request of Macerich. The Deputy is assigned to the Mall full-time and is responsible for the enforcement of all criminal law violations on and in proximity to the Mall and all traffic laws on and in proximity to the Mall. This additional Deputy supplements the security services currently offered by Macerich and does not have any reduction in said services.

The attached agreement with Macerich represents the officer working in and around the Mall to provide a safer community environment. The agreement serves as the mechanism to gain reimbursement for the use of said services and effectively offsets the San Bernardino County Sheriff’s Contract. The agreement with Macerich will pay 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost of one (1) Marked Unit in the amount of $304,296 for the next fiscal year.

Staff recommends that the Honorable City Council approve the Fifty-First Amendment to Law Enforcement Contract #94-909-A-51, authorize the Mayor or her designee to process all documents required for this agreement, approve the MOU’s as listed above, and authorize the City Manager or his designee to process all documents required for the agreement with Macerich Victor Valley, LP. Staff remains available for any questions or comments you may have.

Attachments: A. Fifty-First Amendment to Law Enforcement Contract #94-909-A- 51 B. Memorandum of Understanding with the Victor Valley Union High School District
C. Memorandum of Understanding with the Victor Elementary School District
D. Memorandum of Understanding with the Adelanto Elementary School District
E. Agreement Between Victorville and Macerich Victor Valley, LP Attachment A
Schedule A #94-909-A-51
Standard Contract Page 1 of 4

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Sheriff/Coroner/Public Administrator

Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640

Contractor City of Victorville
Contractor Representative Debra Jones, Mayor
Telephone Number (760) 955-5000
Contract Term 07/01/2023 through 06/30/2024
Original Contract Amount $36,878,365
Amendment Amount ----------------
Total Contract Amount $36,878,365
Cost Center 4414551000

IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT No. 51

Effective July 1, 2023, Contract No. 94-909 to provide law enforcement service to the City of Victorville is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION, with the Schedule A attached hereto and incorporated by reference.

Except as amended, all other terms and conditions of this contract remain as stated therein.

Contract Number

94-909 A-51

SAP Number
N/A
Revised 1/10/23 Page 2 of 4

[With the exception of signatures, this page is intentionally left blank].

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Richard D. Luczak, Deputy County Counsel Kelly Welty, Chief Deputy Director of Sheriff’s Administration
Date Date Date

SAN BERNARDINO COUNTY
City of Victorville
(Print or type name of corporation, company, contractor, etc.)

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name Debra Jones
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 14343 Civic Drive

Victorville, CA 92393
Revised 1/10/23 Page 3 of 4

SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2023-24

CHA NGE: ADD 1 Detective/Corporal; 1 Deputy Sheriff SRO K-9; 1 Office Specialist; 1 Marked K-9 Unit; 2 Unmarked Unit; 2 HT Radios; 2 Taser; 3 Mobile Radios All Effective 07-01-2023
FY 2023-24
COST
1 - Captain $ 568,025 1
2 - Lieutenant 794,344 1
10 - Sergeant 3,388,320 1
10 - Detective/Corporal 2,847,300 1
74 - Deputy Sheriff Tier 2 17,523,570 1
1 - Deputy Sheriff Tier 2 - Mall 236,805 1 - Deputy Sheriff - K-9 Officer 257,683 1 7 - School Resource Officer 1,657,635 1
1 - School Resource Officer - K-9 257,683 1 16 - Sheriff’s Service Specialist 1,401,776 1 1 - Supv Office Specialist 98,896 1
1 - Crime Analyst 130,584 1
1 - Secretary 81,289 1
11 - Office Specialist 890,186 1
43 - Marked Unit 830,552 2
7 - Marked Unit - Slick Top 134,082 2
2 - Marked K-9 Unit 41,136 2
17 - Unmarked Unit 142,640 2
2 - Unmarked Unit (Non-Code 3) 11,272 2 3 - Command Staff Vehicle 34,812 2
11 - Pickup truck 93,155 2
1 - Citzen Patrol 6,357 2
1 - Truck - Grant Funded (Comm Only) 658 3 1 - Citizen Patrol Donated SUV (Equip & Comm Only) 1,613 3 Dispatch Services 1,752,982 1
Dispatch Services - City Code Enforcement / Animal Control 31,470 1 156 - HTs (Amortization, Access & Maintenance) 217,932 3 - Radios for Command Unit (Access Only) 3,203 3 - Additional MDCs (Access Only) 1,712 7 - Additional MDCs 8,222
105 - Taser Replacement (Amortized over 5-years) 35,280 Administrative Support 149,564
Office Automation 357,293
Vehicle Insurance 94,903
Personnel Liability & Bonding 2,063,436
Workers' Comp Experience Modification 191,705 County Administrative Cost 540,290
Cost for FY2023-24 $ 36,878,365 1, 3, 4
Monthly Payment Schedule
$3,073,198
2nd through 12th payments due the 5th of each month: $3,073,197 1 2
3 4 Services and Supplies will be billed to the City on a quarterly invoice.

No replacement cost is included for grant funded or donated vehicles.

LEVEL OF SERVICE
1st payment due July 15, 2023:

Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

Revised 1/10/23 Page 4 of 4

SCHEDULE A
Law Enforcement Services Contract
City of Victorville
2023-24

Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memorandums of Understanding with the County’s various employee organizations. • Actual overtime cost.
• Actual on-call cost (on call pay for safety employees for 2023-24 is $195 per week). • Actual cost of vehicle fuel, repair and maintenance, including the cost of collision repair. • Actual costs of services and supplies.

SAFETY: GENERAL:

Captain - 1.00 Sheriff’s Service Specialist - 16.00
Lieutenant - 2.00 Crime Analyst - 1.00
Sergeant - 10.00 Secretary I - 1.00
Detective/Corporal - 10.00 Supv Office Specialist - 1.00 Deputy Sheriff Tier 2 - 74.00 Office Specialist - 11.00 Deputy Sheriff Tier 2 - Mall - 1.00 Dispatchers - 14.18 Deputy Sheriff- K-9 Officer - 1.00 44.18
School Resc Officer - 7.00
School Resc Officer K-9 - 1.00
107.00
VEHICLES: DONATED VEHICLES LIST:

Marked Patrol Units - 43.00 Citizen Patrol - Jeep Patriot - 1.00 * Marked Patrol Units-Slick Top - 7.00 Ford E250 Van - 1.00 * Marked Patrol Units- K9 SUV - 2.00 Trailer - Universal - 1.00 * Unmarked Units - 17.00 Trailer - Fast870 - 2.00 *
Command Staff Units - 3.00 Command Unit (Morgan Olson Route Star) - 1.00 * Unmarked Units Non-code - 2.00 6.00 *
Pickup Trucks - 11.00
Citizen Patrol - 1.00
Donated Vehicles-Ins Only - 6.00 *

92.00 * (Included for insurance costs only)

LEVEL OF SERVICE SUMMARY
Attachment B
Memorandum of Understanding with the
Victor Valley Union High School District

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE VICTOR VALLEY UNION HIGH SCHOOL DISTRICT, hereinafter referred to as “DISTRICT” AGREEING TO THE

FUNDING OF FOUR SCHOOL RESOURCE OFFICERS

WHEREAS, the School Resource Officers (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,

WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,

WHEREAS, the SRO is of great benefit to the School and the student body by ensuring a safer crime-free school environment. This position is also beneficial to the Victorville Police Department. The SRO can establish and maintain crime prevention and community relation programs within the school. The SRO may be of unlimited benefit in identifying local gang members and other members of the student body who are involved in criminal activity outside the school. The SRO may be able to identify suspects and locate witnesses and informants to share potential valuable information, which may result in solving crime; and,

WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniformed law enforcement officer charged with providing police ser vices on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY , through its police department will assign three full-time sworn deputies to the DISTRICT. The sworn deputy will be fully trained and POST certified prior to being assigned to the SRO position. THE SRO will spend 100% of their time working in and around the VICTOR VALLEY UNION HIGH SCHOOL DISTRICT SCHOOLS in the City of Victorville.

WHEREAS, the addition of the SRO at schools within the DISTRICT will be of invaluable assistance to the schools, and the community as a whole, in providing a safer community and a higher qua lity learning environment. While at the same time, this position will provide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,

WHEREAS, the DISTRICT agrees to pay the cost of four (4) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputy and vehicles is $ 1,105,606.11 1 NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 75% of the cost to provide two (2) San Bernardino County Sheriff’s Deputies and the cost including fuel and maintenance of two (2) vehicles, calculated as follows:

Fiscal Year 2023-2024

(2) School Resource Officer $ 355,207.50 1
(2) Marked Police Vehicle $ 28,972.74 2
Dispatch Services $ 27,973.12 1
HT $ 2,095.50
Taser (Cost recovered over 5 years) $ 672.00 Vehicle Insurance $ 1,636.26
Vehicle Fuel & Maintenance $ 11,468.30
Administrative Support $ 2,386.66
Personnel Liability & Bonding $ 28,926.67
County Administrative Cost $ 5,367.12
Workers’ Comp Experience Modification $ 2,358.00 Total Cost $ 467,063.87

1 st and 2nd payment due August 14, 2023: ($38,921.99 ea.) $ 77,843.98 3 rd through 12th payments due the 4th of each month: $ 38,921.99

That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost including fuel and maintenance of one (1) vehicle, calculated as follows:

(1) School Resource Officer $ 236,805.00
1 (1) Marked Police Vehicle $ 19,315.16 2
Dispatch Services $ 18,648.74 1
HT $ 1,397.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,090.84
Vehicle Fuel & Maintenance $ 4,587.32
Administrative Support $ 1,591.11
Personnel Liability & Bonding $ 19,284.45
County Administrative Cost $ 3,578.08
Workers’ Comp Experience Modification $ 1,572.00 Total Cost $ 308,205.70

1 st and 2nd payment due August 14, 2023: ($25,683.81 ea.) $ 51,367.62 3 rd through 12th payments due the 4th of each month: $ 25,683.81

That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s K-9 Deputy and the cost including fuel and maintenance of one (1) K-9 vehicle, calculated as follows:

(1) School Resource Officer- K-9 $ 257,683.00 1
(1) Marked Police K-9 Vehicle $ 20,568.00 2
Dispatch Services $ 18,648.74 1
HT $ 1,397.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,090.84
Vehicle Fuel & Maintenance $ 4,587.32
Administrative Support $ 1,591.11
Personnel Liability & Bonding $ 19,284.45
County Administrative Cost $ 3,578.08
Workers’ Comp Experience Modification $ 1,572.00 Total Cost $ 330,336.54

1 st and 2nd payment due August 14, 2023: ($27,528.04 ea.) $ 55,056.08 3 rd through 12th payments due the 4th of each month: $ 27,528.04

Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

The DISTRICT agrees to pay any moderate increases, or other monetary changes, that may occur during the term of the Agreement as a result of inflation or other changes in the personnel costs related to this deputy position.

This agreement shall commence July 1, 2023, and remain in effect until June 30, 2024.

APPROVED AND ADOPTED:

City of Victorville Victor Valley Union High School District Date: Date:

1 2
Personnel costs i nclude salary and benefits and are subject to change by Board of Supervisors’ action.

Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not i nclude fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

Attachment C
Memorandum of Understanding with the
Victor Elementary School District

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE VICTOR ELEMENTARY SCHOOL DISTRICT, hereinafter
referred to as “DISTRICT” AGREEING TO THE

FUNDING OF THREE SCHOOL RESOURCE OFFICERS

WHEREAS, the School Resource Officers (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,

WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,

WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniform ed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY , through its police department will assign three full-time sworn deputies to the DISTRICT. The sworn deputies will be fully trained and POST certified prior to being assigned to the SRO position. THE SRO will s pend 100% of their time working in and around the VICTOR ELEMENTARY SCHOOL DISTRICT SCHOOLS in the city of Victorville.

WHEREAS, the addition of the SRO at schools within the DISTRICT will be of invaluable assistance to the schools, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this position will provide the police department with a means of creating a positive relationship with students and further enhancing the police depar tment’s community policing efforts; and,

WHEREAS, the DISTRICT agrees to pay the cost of three (3) San Bernardino County Sheriff’s Deputies to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputies and vehicles is $771,813.63

NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 75% of the cost to provide two (2) San Bernardino County Sheriff’s Deputies, 100% of the cost of one (1) San Bernardino County Sheriff’s Deputy, and the cost, including fuel and maintenance, of two (2.5) vehicles, calculated as follows:

That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost including fuel and maintenance of one (1) vehicle, calculated as follows:

(2.50) School Resource Officer $ 592,012.50 1
(2.50) Marked Police Vehicle $ 48,287.91 2
Dispatch Services $ 46,621.86 1
HT $ 3,492.50
Taser (Cost recovered over 5 years) $ 840.00 Vehicle Insurance $ 2,727.10
Vehicle Fuel & Maintenance $ 12,767.68
Administrative Support $ 3,977.77
Personnel Liability & Bonding $ 48,211.12
County Administrative Cost $ 8,945.20
Workers’ Comp Experience Modification $ 3,930.00 Total Cost $ 771,813.63

1st and 2nd payment due August 14, 2023: ($64,317.80 ea.) $ 128,635.60 3rd through 12th payments due the 4th of each month: $ 64,317.80

Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

This agreement shall commence July 1, 2023, and remain in effect until June 30, 2024.

APPROVED AND ADOPTED:

City of Victorville Victor Elementary School District
Date: Date:

1 2
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.

Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.

Attachment D
Memorandum of Understanding with the
Adelanto Elementary School District

A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF VICTORVILLE hereinafter referred to as “CITY”,
AND THE ADELANTO ELEMENTARY SCHOOL DISTRICT, hereinafter referred to as “DISTRICT” AGREEING TO THE

FUNDING OF ONE SCHOOL RESOURCE OFFICER

WHEREAS, the School Resource Officer (SRO) at the DISTRICT will assist in all school safety issues while acting as liaison between the school and the police department; and,

WHEREAS, the description of General Duties for the SRO includes:

1. Enforcement of all criminal law violations on and around the school campus

2. Enforcement of all traffic laws on and around the school campus

3. Initiation and maintenance of a campus based anti -violence program (i.e., Conflict Resolution Program, Youth-at-Risk Diversion Program, etc.)

4. Truancy prevention and enforcement program

5. When requested, assist the school with enforcement of school rule violations and related Education Code violations (i.e., dress code, on-campus truancy, etc.); and,

WHEREAS, the SRO reports to the Administrative Sergeant who reports to the Lieutenant who in turn reports to the Captain. The SRO is first and foremost a uniformed law enforcement officer charged with providing police services on DISTRICT property. The SRO will keep the Administrative Sergeant and school administrators apprised of activities. Reports are to be submitted in a timely manner as required per department policy and procedures.

WHEREAS, the CITY, through its police department will assign one full-time sworn deputy to the DISTRICT. The sworn deputy will be fully trained and POST certified prior to being assigned to the SRO position. The SRO will spend 100% of their time working in and around MESA LINDA MID DLE SCHOOL, which is a part of the ADELANTO ELEMENTARY SCHOOL DISTRICT in the city of Victorville.

WHEREAS, the addition of the SRO at the school within the DISTRICT will be of invaluable assistance to the school, and the community as a whole, in providing a safer community and a higher quality learning environment. While at the same time, this position will provide the police department with a means of creating a positive relationship with students and further enhancing the police department’s community policing efforts; and,

WHEREAS, the DISTRICT agrees to pay the cost of one (1) San Bernardino County Sheriff’s Deputy to be assigned to the DISTRICT to serve as SRO; and,

WHEREAS, the cost to provide said deputy and vehicle is $308,205.70

NOW, THEREFORE, the CITY and the DISTRICT agree as follows:

That the DISTRICT will pay the CITY 100% of the cost to provide one (1) San Bernardino County Sheriff’s Deputy and the cost including fuel and maintenance of one (1) vehicle, calculated as follows:

(1) School Resource Officer $ 236,805.00 1
(1) Marked Police Vehicle $ 19,315.00 2
Dispatch Services $ 18,649.00 1
HT $ 1,397.00
Taser (Cost recovered over 5 years) $ 336.00 Vehicle Insurance $ 1,090.84
Vehicle Fuel & Maintenance $ 4,587.32
Administrative Support $ 1,591.11
Personnel Liability & Bonding $ 19,284.45
County Administrative Cost $ 3,578.08
Workers’ Comp Experience Modification $ 1,572.00 Total Cost $ 308,205.70

1st and 2nd payment due August 14, 2023: ($25,683.81ea) $ 51,367.62 3rd through 12th payments due the 4th of each month: $ 25,683.81

Overtime incurred will be billed and the DISTRICT will pay the CITY the cost of those expenses.

The CITY will provide an invoice each month to the DISTRICT for the monthly cost stated above and the DISTRICT agrees to remit the amount due within 30 days.

This agreement shall commence July 1, 2023 and remain in effect until June 30, 2024.

APPROVED AND ADOPTED:

City of Victorville Adelanto Elementary School District Date: Date:

1 2
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action.

Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage . All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice. 1 Attachment E
Agreement with Macerich Victor Valley, LP

2 AGREEMENT BETWEEN THE CITY OF VICTORVILLE AND

MACERICH VICTOR VALLEY, LP PERTAINING TO THE FUNDING OF A SHERIFF’S DEPUTY TO BE ASSIGNED TO THE MALL OF VICTOR VALLEY
This Sheriff’s Deputy Agreement (the “Agreement”) is entered into as of this __ day of __ 2023, by and between Macerich Victor Valley, LP, a Delaware limited partnership (hereinafter referred to as “Macerich”), and the City of Victorville (hereinafter referred to as the “City”), based on the following facts and circumstances.

A. Macerich is the managing agent on behalf of the owner(s) of the shopping center located at 14400 Bear Valley Rd., Victorville, CA 92392, and commonly known as The Mall of Victor Valley (hereinafter referred to as the “Mall”); and B. City provides law enforcement services for the City of Victorville through the San Bernardino County Sheriff’s Department pursuant to a separate agreement between the City and the County of San Bernardino; and
C. The Mall has experienced an increase in crime on and about the Mall property and Macerich has requested that the City assign a Sheriff’s Deputy (“Deputy”) to provide law enforcement and security services to the Mall and adjacent properties; and D. The Deputy will be responsible for enforcement of all criminal law violations on and in proximity to Mall as well as enforcement of all traffic laws on and in proximity to Mall and shall provide such services 9 hours a day between the hours of 12:30 and 21:30 Wednesday through Sunday, or as otherwise agreed to by the parties; and 3 E. Macerich is prepared to pay the costs of the Deputy along with the vehicle required to perform certain law enforcement activities as contemplated herein; and F. The Parties agree that the assignment of a Deputy to the Mall would provide a significant benefit to help ensure a safe and crime free environment. The position will also be beneficial to the Police Department.

NOW, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Macerich and the City agreed as follows;
Section 1
The City, through its Police Department will assign one full-time sworn Deputy to the Mall. The sworn Deputy will be fully trained and certified prior to being assigned to the Mall. The Deputy will spend 100% of their time working in and in proximity to the Mall. The daily hours of such assignment shall be 12:30 – 21:30 Wednesday through Sunday, including holidays, or as otherwise agreed to by the parties.

Section 2
Macerich will pay the City 100% of the cost to provide one San Bernardino County Sheriff’s Deputy, one marked unit (vehicle), HT Radio, dispatch services, maintenance, administrative support, and supplies (collectively, the “Equipment”) during the Term (as defined below) of this Agreement, as hereinafter defined. The Parties understand and acknowledge that the Personnel costs of the San Bernardino County Sherriff’s Deputy include salary and benefits and are set and may be changed from time to time by the County of San Bernardino Board of Supervisors.

Accordingly, Macerich agrees to pay any increases in the Personnel costs as may be changed by 4 the County Board of Supervisors during the term of this Agreement with a cap not to exceed 6% of the agreed upon costs. Any overtime incurred will be billed, subject to Macerich’s prior approval, and Macerich will pay the City the cost of those expenses. Macerich will pay the City, within 30 days of receipt of an invoice from City.

Section 3
The Deputy assigned will have primary responsibility to investigate and respond to all crimes within the Mall and areas within the City adjacent and in proximity to the Mall.

Section 4
With respect to the activities at the Mall, the Deputy’s duties shall include, but are not limited to, the following;

1. Enforcement of criminal law violations on or around the Mall; and

2. Respond to retail calls for service in and around the Mall; and

3. Enforcement of appropriate traffic laws on and around the Mall; and

4. Facilitate and attend retail theft meetings at the Mall; and

5. Upon request, assist the Mall with education and prevention programs; and

6. Assist Mall security as needed and when available; provided, however, Macerich shall exercise its own discretion and control over its Mall security personnel.

Section 5
The Deputy that provides law enforcement services described herein is required to observe the City’s and County’s standards of conduct and shall not be required to perform tasks that are outside the routine services provided by the City to the general public. Any discipline for 5 deputies that provide law enforcement services will be initiated by the City and County only and Macerich shall have no liability with respect to any disciplinary action taken against a deputy. It is understood by the parties that the City and Macerich do not owe a greater level of police services for protection under this Agreement than that which is owed to the public generally.

Section 6
The Deputy will keep the Mall property manager as well as the designated security contact apprised of activities within and around the Mall.

Section 7
The Term of this Agreement shall commence on July 1, 2023, and shall expire on June 30, 2024, unless sooner terminated as provided for herein. This Agreement will be automatically extended for an additional 12 month term unless either party gives 60 days advance written notice to the other party of its desire to terminate this Agreement prior to the expiration of the then applicable term. Notwithstanding the foregoing, either party may terminate this Agreement at any time without cause upon 30 days prior written notice.

Section 8
Provided City is discharging its obligations hereunder, as full payment for all services rendered under this Agreement, Macerich agrees to pay the costs of one Deputy in an amount equal to the amount paid by the City to the County as determined by the City and County budgets. In addition, the costs of the one vehicle and Equipment listed above shall be equal to $25,358 per month.

Section 9
6 All notices, demands, requests and other communications hereunder shall be in writing either personally delivered or mailed, via certified mail, return receipt requested, or sent by reputable overnight courier to the following addresses:

If to Macerich, to: c/o The Macerich Company
401 Wilshire Boulevard, Suite 700
Santa Monica, CA 90401
Attn: Legal Department

If to City, to: c/o City of Victorville
14343 Civic Drive
Victorville, CA 92392
Attn: John Wickum/Police Captain

With a copy to: Keith C. Metzler, City Manager
c/o City of Victorville
14343 Civic Drive,
Victorville, CA 92392

or such to other address as either party may direct by notice given to the other as hereinabove provided. Notices will be deemed to have been given upon either receipt or rejection. For notices to be delivered to Macerich, a copy shall also be sent to the property manager for the Mall.

Section 10
A. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect.

B. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

C. In the event of any dispute or legal proceeding between the parties arising out of or relating to this Agreement or its breach, the prevailing party shall be entitled to recover 7 from the non-prevailing party all fees, costs and expenses, including but not limited to attorneys’ and expert witness fees, incurred in connection with such dispute or legal proceeding.

D. Except as the parties may specify in writing, neither party shall have the authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. Neither party shall have any authority, express or implied, pursuant to this Agreement to bind the other to any obligation whatsoever.

E. City’s relationship to Macerich shall be that of an independent contractor. All deputies furnished by City will be employees of City and/or County only, and will at all times be subject to the direct supervision and control of City and/or County. City shall have sole responsibility of paying the salaries, statutory benefits (including Worker’s Compensation), insurance, taxes (including but not limited to, Federal Social Security Taxes and Federal and State Unemployment Taxes) and all other expenses relating to each such employee, as applicable.

F. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precent or any other right thereunder.

G. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties.

8 ////SIGNATURE PAGE TO FOLLOW////

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date aforesaid.

THE CITY OF VICTORVILLE, MACERICH VICTOR VALLEY LP, a municipal corporation a Delaware limited partnership

By: Macerich Victor Valley GP LLC,
a Delaware limited liability company

By: ___________________________ By: __________________________________ Keith C. Metzler,
City Manager

Dated: __________________________ Dated: ________________________________

APPROVED AS TO STANDARD FORM:

By: _____________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________

THE CITY OF VICTORVILLE
By: _____________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________

Item Number: 22
City Council / Board of Directors
Written Communications
Meeting of: June 6, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Cancellation of the July 4, 2023 regular City Council meeting Recommendation:

Any action is at the discretion of Your Honorable City Council.

Fiscal Impact:

There is no fiscal impact associated with this item.

Discussion:

Pursuant to Chapter 3, Section III B of the City Council Policy and Procedure Manual, any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. Due to the City Council meeting falling on the 4 th of July holiday and as there are currently no business items scheduled for this meeting, staff recommends cancellation of the July 4, 2023, meeting. However, any action is at the discretion of Your Honorable City Council.

Staff remains available for any questions or comments you might have.

Attachments: None

Victorville City CouncilJune 6, 2023

Victorville City Council
June 6, 2023