1 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BETWEEN THE CITY OF VICTORVILLE AND SYMBA CENTER
FOR
WELLNESS CENTER
WRAPAROUND, SHELTER OPERATOR, AND ERF-3 SERVICES
PROJECT NO. JM23-065-1 (“CONSOLIDATED PROJECT”)
THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGRE EMENT (hereinafter “Agreement ”), dated this ______, day of ____________, 2025 fo r 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 re ferred to hereinafter individually as a “Party ” and collectively as the “ Parties .”
RECITALS:
WHEREAS , or about January 16. 2023, the City issued a Request for Proposals (“ RFP ”) seeking a Consultant/Professional Services Provider to prov ide Wraparound Services (as hereinafter defined) at its soon to be opened Wellness Center, as more full y described in the RFP issued for Project No. JM23- 065 (hereinafter the “ WS Project ”); and
WHEREAS , on or about February 21, 2023, the City also issu ed an RFP seeking a Consultant/Professional Services Provider to provid e homeless Shelter Operator Services at said Wellness Center, as more fully described in the RFP for Project No. JM23-090 (hereinafter the “ SO Project ”); and
WHEREAS , Consultant provided a response to the RFP for the WS Project, and following an evaluation process was selected by the City to provide the Wraparound Services; and
WHEREAS , the City subsequently entered into a Consultant/P rofessional Services Provider Agreement with Consultant dated June 6, 2023 (the “ WCWS Agreement ”), which agreement included provisions for options to extend the initial twenty-three (23) month term for three (3) additional yea rs and for Consultant to perform Extra Services (as defined in Section 29 of the WCWS Agreement) if requested to do so by the City; and
WHEREAS , Hope the Mission, a
California non-profit corporation (“HTM ”) provided a response to the RFP for the SO Project, and following an evalua tion process was selected by the City to provide th e Shelter Operator Services at the Wellness Center; and
WHEREAS , the City subsequently entered into a Consultant/P rofessional Services Provider Agreement with HTM, dated June 6, 2023 (the “ SO Agreement ”), which agreement included provisions for options to extend the initial twenty-three (23) month term for three (3) additional years or permitting the City to terminate said SO Agreement at the end of the initial twenty-three (23) month term; and
WHEREAS , to assist the City in resolving the experience of unsheltered homelessness for people residing in encampments in accordance with the City’s Encampment Resolution Funding (ERF-3) Program grant, which grant is described and incorporated in Section 14.d of this Agreement, on or about December 17, 2024, City and Consultant entered into Amendmen t No. 1 to the WCWS Agreement (hereinafter the “Amended WCWS Agreement ”) to expand Consultant’s scope of services to incl ude providing additional case management, medical, housing navigation, outre ach, and rapid rehousing services (the “ ERF-3 Services ”), which ERF-3 Services were funded by said ERF-3 Program grant; and
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WHEREAS , after initially operating the Wellness Center using the services of both Consultant and HTM, and in light of the additional ERF Services Consultant was able to provide in furtherance of the City’s ERF Program Grant, the City has determined that it would be more efficient, cost-effective, and better serve the City’s homeless population to have Consul tant provide the Wraparound, ERF-3, and Shelter Operator Services at the Wellness Center; and
WHEREAS , following the expansion of Consultant’s original WS Project services, the City, in the interest of promoting operational efficiency, progr ammatic sustainability, and responsible financial stewardship of public funds, has evaluated the Wellness Center’s operational model and determined that consolidating services under a single operator is n ecessary to optimize resources, ensure service continuity, and maximize outcomes for the City’s homeless population; and
WHEREAS , Consultant represents and warrants that it is ful ly qualified, certified, and appropriately licensed to provide the consulting an d/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 relati onships 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 C ode 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 , the Parties mutually agree to terminate the Amended WCWS Agreement effective as of June 30, 2025; and
WHEREAS , in light of the facts set forth above, the City desires to retain the services of Consultant to provide, on an independent contractor basis, Wra paround, ERF-3, and Shelter Operator Services at Victorville’s Wellness Center Campus as further set forth herein.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, C ONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD A ND VALUABLE
CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLED GED, THE PARTIES HERETO AGREE AS FOLLOWS:
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 Shelter Operator Services and 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 further include the ERF-3 Services , which are to be performed until the ERF-3 Program Grant fundi ng described in Section 4.e of this Agreement is exhausted, or until June 30, 2027, whichever occurs first. The foregoing sentence notwithstanding, sho uld the City identify other funding sources, the Parties may by written amendment agree to continue the ERF-3 Services, either in whole or in part, beyond the indicated date.
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b. All Services to be performed are more specifically described in the attached Exhibit “A-1” (derived from the Scope of Services exhibit in the Amended WCWS Agreement and Section II of the original RFP for the SO Project), and with respect to the Wraparound Services, Consultant’s original response to the RFP for the WS Project, attached hereto as Exhibit “A-2”. The Parties acknowledge and agree that Consultant’s WS Project RFP response in Exhibit “A-2” has been modified and superseded by the Operating Budget and Staffing List as negotiated by the Parti es and attached hereto as Exhibit "B-1", as well as any other modifying provisions set forth in the main bo dy of this Agreement. Exhibit “B-2” provides a sepa rate and distinct budget which applies to the additional/enhanced services to be provided using ERF-3 Program Grant funding. The Services shall include all items and procedures necessary to properly complete the Services Consultant has been engaged to perform, whether specifically included in the attached Exhibits or not.
c. Consultant’s obligations hereunder shall further in clude all provisions and terms and conditions set forth in the original RFPs for the W S Project and the SO Project (including any City-is sued Addenda pertaining thereto), hereinafter collective ly the “ Consolidated Project .” Said Consolidated Project RFPs are incorporated and made part of this Agreement by this reference. To the extent there are any conflicts between the provisions set forth in the Consolidated Project RFPs and those contained in this Agreement, including any Exhibits, the provisions i n this Agreement shall prevail. The foregoing notwithstanding, if a conflict exists between an ap plicable federal, state, or local law, rule, regula tion, order, or code and this Agreement, the law, rule, r egulation, order, or code shall control. Varying degrees of stringency among the main body of this A greement, the Exhibits, the Consolidated Project RFPs, and laws, rules, regulations, orders, or code s are not deemed conflicts, and the most stringent requirement shall control.
d. A map of the Wellness Center Campus is attached hereto as Exhibit “C.”
e. Attached Exhibit “A-1”; Exhibit “A-2”, Exhibit “B-1 ”, Exhibit “B-2”, Exhibit “C”, and Exhibit “D” are incorporated and made part of this Agreement by this reference.
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.
“Including ” or “ Includes ” means “include or including (as applicable) without limitation” and any list of examples following such term shall in no way res trict or limit the generality of the word or provis ion in respect of which such examples are provided.
“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 Primary Medical Care Services at the Wellness Center Campus in accordance with the provisions of Section 4.c of this Agreement.
“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.
“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 dedicated to pr oviding Recuperative Care.
“Recuperative Care Client ” or “RCC ” means an occupant of an RCB.
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“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 s ervice 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 herein 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 Wellness Center and to those at risk of homelessness from the community.
Section 4. COMPENSATION
a. Non-ERF-3 Services. As of the Commencement Date (as hereinafter defined in Section 6), the City shall pay Consultant a total sum not to ex ceed EIGHT MILLION NINE HUNDRED THIRTY-ONE THOUSAND SEVEN HUNDRED NINETY-TWO AND 50/100 DOLLAR S ($8,931,792.50) which sum represents the cost of faithful performance of the Services to be rendered under this Agreement (with the exception of the ERF-3 Services described in Subsection 4.e) during the thirty-six (36) month term, based upon the Operating Budget and Staffing List attache d hereto as Exhibit "B-1''. Except as provided in Subsection 4.b, no part of said total sum shall be paid in advance or as a lump sum, but shall be paid on a monthly basis during the term following the City’s receipt and processing of Consultant’s invoices as set out in Subsection 4.a(1), below.
(1) The provisions of Exhibit "B-1" notwithstanding , with the exception of the One-Time Start Up Advance payment specified in Subsection 4.b, below, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include: a breakdown of service costs being billed to the City and a breakd own of services costs being offset by other funding received by Consultant; a description of al l services/tasks performed (including occupancy data, services provided to clients, and c lient 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 expen se reimbursements, including reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifically p rovided for and described by nature and type in Exhibit "B-1"; (ii) appear on Consultant's monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentati on as the City shall require; and (iv) are directly related to the Scope of Services to be per formed under this Agreement. In addition, any reimbursements shall be made in accordance with any City policy governing same.
Provided that services have been satisfactorily ren dered and that invoices submitted include the required detail specified above, the City shall make payment approximately forty-five (45) working days following receipt of Consultant's invoice. (2) Daily Lists. As of the Commencement Date, Consu ltant shall maintain a daily list of clients that are receiving Recuperative Care services at the Wel lness Center. The daily lists shall be provided by the Consultant to the City each month with Consultant’s invoices. (3) Insurance Costs. Based upon Consultant’s initi al estimate of the increased costs of procuring and maintaining CGL insurance coverage with the per occurrence and aggregate limits specified in Section 15.a(1) of this Agreement, the total “not to exceed” compensation amount in Section 4.a has been increased by approximately $125,000 per year to reflect such estimated increased cost (see the “Facility Insurance” line item in Exhibit “B-1”). The foregoing notwithstanding, Consultant acknowledges and agrees that the increased Facility Insurance
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amount is an estimate only and that Consultant must provide documentation satisfactory to the City demonstrating the increased cost before the City will pay or reimburse Consultant for any increased amount. Should the actual cost to Consul tant for procuring and maintaining the additional limits required for the Wellness Center Consolidated Project be less than the amount shown in Exhibit “B-1”, the City shall only be obligated to reimburse Consultant for such actual costs and the compensation amount and budget line i tem shall be adjusted downward accordingly. In the event Consultant’s insurance c overage is not project-specific to the Wellness Center, Consultant shall be required to pr ovide documentation to the City showing the total costs of its insurance policy premiums and the amount that has been fairly apportioned and is attributable to the costs associated with th e increased coverage required for the Wellness Center. The City shall only be responsibl e to pay or reimburse Consultant for the increased costs attributable the Wellness Center.
b. One-Time Start Up Advance. To support the initial start-up costs that Consultant will incur as a result of undertaking the Consolidated Project , the City shall make a one-time advance payment to Consultant of TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000.00 ) on the Commencement Date. Said advance payment shall fund Consultant’s costs of security implementation, kitchen operations ramp-up, and hiring of additiona l staff. Said advance payment is part of and not in addition to the compensation for the Non-ERF-3 Serv ices specified in Subsection 4.a above . With respect to such advance, Consultant shall submit to City every thirty (30) days for review and approva l, detailed invoices containing the information descri bed in Subsection 4.a(1) to support the expenditure s made and enable the City to reconcile this one-time advance payment with the provisions of the budget in Exhibit “B-1”.
c. Medical Clinic. The Medical Clinic shall be used by Consultant solely to provide Primary Medical Care for clients of the Wellness Center and those who are part of the unhoused Continuum of Care in the City of Victorville.
d. Community Commitment. To the extent that Consultant receives funds associated with its operation or provision of Services at the Wellness Center (whether through CalAIM reimbursements, fundraising, donations or otherwise) that exceed 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. Such efforts may include, without limi tation, supporting permanent housing initiatives, expanding supportive and navigation services, or im plementing other similar measures. This commitment shall apply to the extent such use of funds is not otherwise restricted by Consultant’s financial obligations, board-approved reserve policy, or the terms of any applicable grants or donor designations.
e. ERF-3 Services. Pursuant to Amendment No. 1 to the WCWS Agreement, Consultant was entitled to receive from the City the sum of ONE MILLION FOUR HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($1,417,420. 00) in ERF-3 Program grant funds for performance of the ERF-3 Grant Program additional and enhanced services, which are described Section B, Table 3 (ERF-3 Program Grant Services) in Exhibit “A-1”.
(1) Pursuant to said Amendment No. 1, the City adva nced $300,000.00 of such grant funding to Consultant in December of 2024; leaving a remain ing balance of ONE MILLION ONE HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($1,117,420.00) to be utilized under this Agreement for Consultant ’s provision of ERF-3 Services. As of the Commencement Date of this Agreement, the City is adding an additional amount of TWO HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($257,500.00) in ERF-3 Program Grant funding to the remaining balance, such that the total sum of ERF-3 Program G rant funding available to Consultant under this Agreement shall be ONE MILLION THREE HUNDRED SEVENTY-FOUR THOUSAND NINE HUNDRED TWENTY AND 00/100 DOLLARS ($1,374,920.00), which sum shall be expended in accordance with the Operating Budget and Staffing List attached hereto as Exhibit "B-2''.
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(2) As such available funding must be fully expende d by June 30, 2027, the City shall perform a review of Consultant’s use of said available fund ing every six (6) months to determine if Consultant’s expenditures are on track and shall ha ve the right to reallocate any unused funds to other providers or other grant-eligible expenditures to ensure grant compliance.
(3) In order to receive payments or reimbursements from the aforementioned ERF-3 Program Grant funds, Consultant must comply with the following as well as the provisions of Section
14.d of this Agreement:
(a) Consultant shall be required to submit to the C ity detailed monthly invoices which include: a description of all services/tasks perfor med, 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 reimb ursements, including reimbursements for travel, parking, lodging, and/or meals shall be paid to Consultant unless such expense reimbursements: (i) are specifi cally provided for and described by nature and type in Exhibit "B-2"; (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 t o the ERF-3 Program Grant services described in Section B, Table 3 of Exhibit “A-1”. In addition, any reimbursements shall be made in accordance with any City policy governin g same. Provided that services have been satisfactorily rendered, that invoices su bmitted include the required detail, and the services and associated expenses are allowa ble under the provisions of the ERF-3 Program Grant, the City shall make payment ap proximately forty-five (45) working days following receipt of Consultant's invoice.
Section 5 . TERMINATION OF EXISTING AGREEMENT
As of June 30, 2025, the Amended WCWS Agreement wil l terminate and end, and all services being provided by Consultant in connection with the Wellness Center as of July 1,2025, shall be governed by the terms and conditions of this Agreement.
Section 6. TERM OF AGREEMENT
The term of this Agreement shall commence on July 1, 2025 (the “Commencement Date”) and shall continue for thirty-six (36) months (through June 3 0, 2028), unless terminated earlier pursuant to Sec tion 21 of this Agreement or extended in writing upon th e mutual agreement of the Parties. The foregoing notwithstanding, as noted in Section 2 of this Agreement, the ERF-3 Services shall only be performed until such time as the ERF-3 Program Grant funding descri bed in Section 4.e of this Agreement is exhausted, or until June 30, 2027, whichever occurs first, unl ess the City identifies additional funding sources and chooses to have Consultant continue providing such services under such terms as the Parties may set forth in a written amendment to this Agreement.
Section 7. RECUPERATIVE CARE CLIENTS AND RCBs
Consultant shall be able to provide Services to 53 Recuperative Care Clients at the Wellness Center (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 i n 24 CFR 578.3. and Consultant shall work with the City to maintain compliance. Additionally, when eli gible and to the extent feasible, homeless persons “residing” in the City of Victorville shall receive first consideration for available RCBs.
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Section 8. INDEPENDENT CONTRACTOR STATUS OF CONSULTANT
a. City retains Consultant on an independent contracto r basis and not as an employee. The Parties hereto warrant and represent that Consultan t is an independent contractor and not an employee, agent, joint venturer, or partner of the City. The Services shall be performed by Consultant or under its supervision. Consultant will, in its sole discretion, 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, salar ies, and other amounts due such employees/personnel in connection with their performance of Services under this Agreement and as required by law. Consultant s hall be responsible for all reports and obligations respecting such additional employees/personnel, inc luding: social security taxes, income tax withholdi ng, unemployment insurance, disability insurance, and workers’ compensation insurance.
b. Nothing in this Agreement shall be interpreted or c onstrued 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 t he Services under this Agreement on behalf of Consultant. The City will not be requested or deman ded 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 Part ies acknowledge that neither Consultant, nor any of its employees/personnel are considered City empl oyees 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 thi s Agreement, provided that such work does not create a conflict of interest. Nothing in this Agreement s hall be interpreted to imply that the Parties must maint ain 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 dee med, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an a gent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
b. Consultant shall not at any time or in any manne r 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. Scott Webb, 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 al so authorized to perform the services administration a nd 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 it s principal representative by giving
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written notice of such designation to the other Party.
Section 11. STANDARD OF PERFORMANCE; WARRANTY; COMPLIANCE WITH LAWS a. Consultant shall perform all services required by t his 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 w hich 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 f rom 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 serv ices and work to be performed;
(2) Has investigated the issues regarding the scope of Services to be provided;
(3) Has carefully considered how the Services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement.
c. Consultant shall in all material respects comply wi th 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, Cons ultant shall promptly inform the City of such fact and shall not provide any services, except at Consultan t’s risk, until written instructions are received f rom Project Manager.
Section 13. CONFLICTS OF INTEREST
a. Consultant covenants that it does not have any inte rest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s servic es under this Agreement. Consultant further covenants that in the performance of services under this Agreement, no officer, employee, or agent of Consul tant having such interest shall be employed by it.
Consultant further agrees to file, or shall cause i ts employees/personnel and/or Subcontractors to fil e, a Statement of Economic Interest (Form 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 company or person, other than a bo na 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 emplo yee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or oth er 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.
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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 a dvised and acknowledges that services being provided under this Agreement will b e 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 P rogram 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 regulatio ns 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, Consultan t 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 expres sion, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfu lly 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 ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Consultant and any Subcontractors s hall 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 §§11135-1 1139.5), 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 a warding state agency upon reasonable notice at any time during the normal business hours , but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain com pliance 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 oth er agreement. (See Cal. Code Regs., tit. 2, §11105.).
b. ARPA/CSLFRF Requirements. As the Homekey Program in cludes funding derived in whole or in part from federal assistance received b y 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 esta blished the Coronavirus State and Local Fiscal Recovery Funds (the “ CSLFRF ”), Consultant and its employees/personnel shall co mply 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 compl iance with Title VI of the Civil
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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 t he 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 13 166, “Improving Access to Services for Persons with Limited English Proficien cy,” seeks to improve access to federally assisted programs and activities for individuals wh o, because of national origin, have Limited English proficiency (LEP). Consultant understands t hat 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 De partment 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 pe rsons have meaningful access to its programs, services, and activities. Consultant understands an d 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 lang uage services for LEP persons when Consultant develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has publ ished 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.qov.
(4) Consultant acknowledges and agrees that complia nce with the assurances constitutes a condition of continued receipt of fed eral 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 financial assistance from excluding from a program or activity, denying benef its of, or otherwise discriminating against a person on the basis of race, color, or national ori gin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regula tions, 31 CFR Part 22, which are herein incorporated by reference and made a part of this c ontract (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) Requireme nts. Consultant and its employees/personnel shall comply with all appliable provisions of the City’s PLHA Grant, a copy of whi ch is on file in the City Clerk’s office and incorpora ted as part of this Agreement by this reference, an d shall require its Subcontractors to likewise comply.
d. ERF-3 Program Grant Requirements. In providing the ERF Services, Consultant and its employees/personnel shall comply with all applicabl e provisions of the Encampment Resolution Funding Program, including without limitation the provisions of Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code and the terms and conditions of the City’s ERF-3 Progra m Grant agreement with the California Department of H ousing and Community Development (HCD), Grant #24-ERF-3-R-100025, and shall further require its S ubcontractors to likewise comply. Consultant acknowledges that it has been provided with a copy of said grant agreement, which is incorporated and
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made part of this Agreement by this reference.
e. Other/Future Grant Fund Compliance Requirements. Consultant agrees to comply with all requirements applicable to the City’s grant funding sources identified in the RFPs for the Consolidate d Project (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 any of the Services being provided under this Agreement , or any Extra Services which may be added by amendment, 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 follow ing policies of insurance:
(1) Commercial General Liability Insurance (“CGL”) of not less than Five Million Dollars ($5,000,000) per occurrence, and Ten Millio n Dollars ($10,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or dam age 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 ($2,00 0,000) combined single limit, covering any vehicle utilized by Consultant or its officers, emp loyees/personnel, servants, volunteers, agents, and Subcontractors in performing the services required by this Agreement.
(3) Professional Liability or Errors and Omissions Insu rance as appropriate to Consultant’s profession written on a policy form sp ecifically designed to provide coverage for and protect against the negligent acts, errors, and omi ssions 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 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 infor mation, 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, Disa ppearance and Destruction coverage parts, in an amount not le ss 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 prot ected by the California State Workers’ Compensation Law, Consultant shall provide adequate insurance for the protection of such
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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, wit hout limitation, the City Attorney, as Additional Insureds.
(2) Waiver of Subrogation . Consultant shall require the carriers of all requ ired insurance policies, with exception of the Professio nal Liability policy, to waive all rights of subrogation against the City and its officers, empl oyees, 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 au thorized 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 c overages 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 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 sha ll perform any part of the Services until Consultant h as provided evidence satisfactory to the City that the Subcontractor has secured insurance.
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 facili ties operated by Consultant under this Agreement as approved under Federal and State law and in accordance with the terms and provisions of this Agreement.
Facilities include all files, records, and other documents related to the performance of this Agreement, the Services provided pursuant to this Agreement, or th e availability or receipt of other (non-City) fundi ng for Services provided at the Wellness Center. Activ ities include attendance at staff, board of directo rs, advisory committee and advisory board meetings, and observation of on-going program functions.
Consultant shall permit on-site inspection of the S ervices by the City and shall ensure that Consultan t’s employees and board members furnish such informatio n, as in the sole reasonable judgment of City may
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be relevant to the question of compliance with cont ractual conditions, or the effectiveness, legality, and/or achievement of the Services. Inspections shall be l imited to times reasonable to Consultant and with a minimum of twelve (12) hours advance notice to Cons ultant. 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 illegal substances in any manner; (iii) do not use legal substances in any ma nner which violates the law or which will negativel y impact their ability to provide Services to the Cit y; and (iii) are not otherwise disqualified from pe rforming 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 s ole expense, on all its employees and personnel providing Services. If requested by the City, Consu ltant shall provide a report summarizing the result s 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, dur ing the employment-screening process but must, at a minimum , have been performed within the preceding 12- month period. In the City’s sole but reasonable discretion, Consultant’s employees or personnel who do not meet the criteria set out in this Section 16.b, inc luding 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 ap plicable law, Consultant shall also conduct backgro und checks in accordance with this subsection on any volunteers it may utilize to provide the Services.
Section 17. SHARED ACCESS TO PREMISES AND LICENSE TO USE MEDICAL CLINIC
a. For the purposes of providing the Services requi red 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 accord ance with Section 18 of this Agreement, a shared access license to use 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, schedule s, or agreements that have been developed by the City governing occupancy and use of the Premises, a s such may be modified from time-to-time.
Consultant expressly acknowledges and agrees that s uch 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, Subcontract ors, 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 Con sultant will share access, use, and occupancy of certain buildings, facilities, and common areas of the Premises with City staff, and City’s community service partners.
c. The City shall be responsible for maintenance and u pkeep 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 janitoria l services and 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 (ordinary wear and
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tear excepted) 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 b e remitted to the City within forty-five (45) business days of receipt by Consultant of the City’s invoice.
d. The shared access license to use the Wellness Cente r shall run coterminous with the term of this Agreement and shall be revocable by the City upon any termination thereof.
e. Consultant shall not be responsible for damage caus ed by the City or any of the City’s community service partners.
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 ne cessary, 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 prov isions of Section 17, will require cooperation betw een and among Consultant, the City, the City’s Shelter Operator, any City-approved Subcontractors, and the City’s community service partners delivering additi onal 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 en gaging any Subcontractors who may supply any part o f 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, Consu ltant 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 t he terms and conditions specified in Section 23 of thi s Agreement. All approved Subcontractors shall be subject to the provisions of this Agreement applica ble to Consultant’s employees and personnel and for each such Subcontractor, Consultant shall:
(1) Be responsible for Subcontractor compliance with th is Agreement and the subcontract terms and conditions; and
(2) Ensure that the Subcontractor follows City’s report ing formats and procedures as specified by the City; and
(3) Include in the Subcontractor’s subcontract substant ially 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 Con sultant’s Subcontractors. Consultant agrees that it s 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 extensi on periods) all business licenses, including a City of Victorville business license, professional licen ses or certifications, or permits necessary for per forming the services described in this Agreement.
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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 concernin g a question of fact arising under the terms of thi s 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 brough t to the attention of the City Manager by way of th e following process:
(1) Consultant shall submit to the City Manager a writt en 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 Agree ment, 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 ac curate and complete, and that the amount requested accurately reflects the cost adjustment f or 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 b e considered a material breach of this Agreement.
c. Any final decision of the City shall be expressly i dentified 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 dec ision adverse to the Consultant’s contentions.
Nothing in this Section shall be construed as affec ting the City’s right to terminate the Agreement fo r cause or for convenience as provided for in Section 21.
Section 21. TERMINATION
a. Termination by City. This Agreement may be terminat ed without cause (for convenience) by the City at any time by providing C onsultant 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 eigh ty (180) days advance written notice prior to any such termination becomi ng 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 all Services being provided at the Wellness Center by Consultant. Such assistance will include aid with respect to the transition of Consultant’s existing responsibilities to its successor, advising City st aff on industry matters, and advising the City with respect to strategic alternatives. During the Trans ition Period, Consultant agrees to make itself reasonably available to provide transitional assist ance reasonably requested by City, and not to enter into any other contract or obligation that wo uld 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
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requirements.
c. Termination for Default. This Agreement may be term inated with cause (for default) by either Party at any time, provided that the Party i nitiating termination provides the other Party at l east 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 Servi ces rendered or supplies actually furnished by Consultant up to and including the date of termination. The foregoing notwithstanding, to the extent that any Services rendered to the City are being fu nded with grant funds, payments shall only be made to Consultant for Services which are allowable under the grant funding source and appropriately supported by the invoices and documentation specified in Section 4.
Section 22. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 23. INDEMNIFICATION
a. To the fullest extent permitted by law, Consulta nt shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers, and agents harmless from any and all claims, dem ands, causes of action, costs, expenses, liability, loss, damage, or injury arising out of or related to any acts, errors, omissions, or willful misconduct of Consultant, its employees, subcontractors, consultants, or agents in connection with the performance of the Consultan t’s Services, the Project, or this Agreement.
Consultant’s indemnification obligations shall not extend to any claims or damages arising from the Ci ty’s sole negligence, willful misconduct, regulatory act ions, or third-party conduct beyond Consultant’s reasonable control. In the event of a claim, Consultant shall only be responsible for its proportionate share of fault, if any, as determined by a court of law.
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. Th e hold harmless and indemnification provisions of t his 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 f orth 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 Exhi bit “A-1” and the provisions of the RFP, Consultant shall prepare and submit reports to the City concerning Consultant’s performance of the services required by this Agreement.
Section 25. BOOKS AND RECORDS; AUDIT
a. Consultant shall keep such books and records as wil l fully disclose all Services and activities performed by Consultant or its Subcontra ctors with the funding provided by this Agreement a nd which further enable the Project Manager to evaluat e the costs of the Services and activities that are charged to the City and verify Consultant’s complia nce with the provisions of this Agreement and any
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limitations imposed on expenditures by grant funding sources and applicable laws.
b. Consultant shall maintain complete and accurate acc ounting records, in accordance with Generally Accepted Accounting Principles (GAAP). Co nsultant shall also comply with 2 CFR Part 200 regarding accounting principles and procedures ther ein, utilizing internal controls, and maintaining necessary source documentation for all costs incurred.
c. City’s Project Manager, the State Department of Hou sing 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 Consultant’s audited financial statements and such books and records directly related to the Services and the Consolidated Project during reasonable business hours, including the right to i nspect, copy, audit, and make records and transcrip ts from such records, and to allow interviews of any employees who might reasonably have information related to such records. City’s Project Manager shall provide Consultant with no less than three (3) business days advance written notice of any planned inspection or audit, and such inspections shall occur no more th an one (1) time per fiscal quarter. The foregoing notw ithstanding, Consultant acknowledges and agrees tha t the third-party entities listed in this Section other than the City (and/or any additional third-party entities as may be designated in the City’s grant funding docum ents specified in Section 14 or in any future grant funding documentation provided to Consultant pursuant to Section 14.e) who are entitled to inspection and audit rights hereunder are not bound by the notice and frequency limitations set forth in this Section and the City may exercise such rights on behalf of such entities when so requested. If the City seeks to conduct an inspection or audit on behalf of any third-party entity referenced in this Section, the City shall provide Consultant with reasonable written documentation evidencing the third party’s request for such inspect ion or audit. In the event the City or such third party seeks to conduct an inspection or audit on shorter notice or more frequently than permitted above, the City s hall also provide a written explanation demonstrati ng that the shortened notice or increased frequency is reasonably warranted under the circumstances, based on the nature or urgency of the third-party request . Nothing in this Section shall be construed to lim it the independent statutory or regulatory rights of the above-listed entities to conduct inspections or audits under applicable law.
d. Records and supporting documents pertaining to the use of funds paid to Consultant directly related to the Services, the Consolidated Project, or otherwise arising under this Agreement (including any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City) 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. In the event any litigation, claim, negotiation, audit, monitoring, inspection or other action commences during this required retention period, all records must be retained until a full and final resolution of the action.
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 w ith respect to the confidentiality, privacy, and securi ty 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 specifie d under HIPAA. Consultant further understands and agrees that with respect to some aspects of the Ser vices it provides, it also meets the definition of a Business Associate of the City and to that end has executed a Business Associate Agreement (“ BAA ”) with the City dated October 9, 2024, which BAA is attach ed hereto as Exhibit “D” and incorporated as part o f
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this Agreement by this reference. Said BAA shall co ntinue in effect during the term of this Agreement and until such time as all obligations hereunder have been met.
b. The Parties acknowledge their respective 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 t hat 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 adv ice or other representations with respect to Consul tant’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 actions to comply with the requirements of HIPAA.
d. Each Party further agrees that, should it fail to comply with its obligations under HIPAA, to the extent permitted by law, 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 un less 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 o r 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 i n 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 sharin g of identified information and records as described in the Scope of Services and for this Agr eement is needed in, and directly connected to, the administration of the Wellness Center. Furthermore, the Parties to this Agreement agree that the use o f information and records described in this Agreement is needed, and directly connected to, the operatio ns of Consultant and the City. Consultant and the City, as well as their respective officers, officials, employees, agents, servants, volunteers, and Subcontractors, s hall maintain the confidentiality of all Wellness C enter Client records obtained from Consultant and the Cit y under this Agreement in accordance with Californi a 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 Con fidentiality of Medical Information Act (California Civil Code Sections 56 through 56.16); and all other appl icable Federal, State, or local laws, ordinances, regulations, and directives relating to confidentia lity of information related to the provision of med ical or mental health services.
19 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
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 ex tensions (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 fo r the proper delivery of the Services at the Wellne ss Center but which the Parties did not reasonably ant icipate 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 Ag reements between the Parties with respect to the subject matter of this Agreement, an d each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreemen ts 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 P arties 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 applicabl e 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 Agreemen t 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: Scott Webb, Deputy City Manager
City of Victorville
14343 Civic Drive
Victorville, CA 92392
To Consultant: SYMBA CENTER
Attn: Shawn R. Smith PharmD, Executive Director
16519 Victor Street Suite 424
Victorville, CA 92395
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.
b. Either Party may change its address by providing wr itten notice to the other Party in the
20 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
manner set forth above.
Section 33. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES No officer or employee of the City shall be persona lly 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 th is Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based o n such consultation.
Section 35. WAIVER
a. No waiver shall be binding unless executed in writi ng 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 subseque nt 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 p rovision or any of the remaining provisions of this Agreement.
Section 36. ASSIGNMENT
This Agreement shall not be assigned by either Part y without prior written consent of the other Party.
Section 37. CARE OF WORK
The performance of services by Consultant or the pa yment 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 resp ective 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 representat ives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the success ors, 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
21 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of compe tent jurisdiction, the same shall be deemed severab le 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 obli gations under this Agreement, the non-defaulting Party shall provide the defaulting Party written no tice of such default. The defaulting Party shall ha ve ten (10) calendar days to cure the default; provided th at, if the default is not reasonably susceptible to being cured within said ten (10) calendar days, the defau lting Party shall have a reasonable time to cure th e 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 na ture 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 expressl y declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulati ve and the exercise by either Party of one or more of such rights or remedies shall not preclude the exer cise 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. 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 provis ion of this Agreement, the prevailing Party in such suit o r 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 Attorney and the City’s Risk Manager, and executed by the authorized City personnel or Mayor.
22 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
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 t o make this Agreement a binding obligation of each of the Parties hereto.
b. The persons executing this Agreement warrant that t hey 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/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
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: __________ _________________ Elizabeth Becerra Shawn R. Smith PharmD
Mayor Executive Director
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 OPERATORS\SYMBA NEW CONSOLIDATED WCWS AND CENTER OPERATOR AGMT 2025\100.18.10-SYMBA REVISED PSA CLEAN 05.14.25 GDB.DOCX
24 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
EXHIBIT “A-1”
SCOPE OF SERVICES
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
A. Summary of All Services to be Provided
The qualified Operator will deliver comprehensive s helter operations and wraparound support services at the City’s Wellness Center, serving 170 clients and community members at risk of homelessness. Services shall be non-faith-based, tr auma-informed, evidence-based, and designed to facilitate exits to permanent housing.
Operator must be able to operate both the shelter a nd the wraparound services seamlessly , ensuring that a significant number of Wellness Cent er clients are successfully connected to permanent housing opportunities and that community members at risk of homelessness are stabilized and supported.
Wellness Center Shelter Operations
• Operate a 170-bed low-barrier navigation center, open 24 hours a day, 7 days a week, 365 days a year.
• Provide a safe, dignified shelter environment that meets clients’ basic needs (food, hygiene, and safety).
• Maintain low-barrier access to services, minimizing entry requirements to maximize reach to individuals experiencing homelessness.
• Collaborate daily with the City and the Outreach Team (OT) to ensure seamless coordination of services and client support.
• Implement activities and operations outlined in the " Shelter Services for Wellness Center Table" (Table 1, below).
Wellness Center Wraparound Services
• Deliver comprehensive, integrated supportive services designed to stabilize clients and transition them into permanent housing. With supportive services offices open during regular business hours of, at minimum, 8am – 5pm, and medical services offices open 24/7.
• Services include: outreach and engagement, medical, recuperative care, behavioral health, case management, housing navigation, and integrative health practices. • Provide trauma-informed, culturally competent, and evidence-based services that promote recovery, well-being, and housing stability.
• Certify that all staff and/or trainees are adequately trained, licensed (where applicable), and appropriately supervised according to the prevailing professional standards. • Coordinate closely with City staff and the Outreach Team to ensure continuity of care. • Implement activities and operations outlined in t he " Wellness Center Wraparound Services Table ” (Table 2, below)
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Wellness Center ERF-3 Grant Program Funded Responsibilities • Provide rental subsidies, security deposits, landlord incentives, house search, case management, and facilitating access to services.
• Provide encampment-specific case management, housing navigation, and street medicine.
• Implement activities and operations outlined in the “ERF-3 Program Grant Services for Wellness Center ” (Table 3, below)
B. Services Tables
Table 1. Shelter Services for W ellness Center
Service Type Description
1. Facility
Management
• All administrative activities related to operatin g the Wellness Center (shelter component).
• Professional accounting, record keeping and repor ting. • Provide documentation as may be necessary to supp ort grant reimbursements that fund shelter operations.
• Reporting of the number of clients served, object ives, 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 (City to assist with phones and intern et) (Services to be charged to Wellness Center vendors);
and
• Other day-to-day administrative functions as need ed.
2. Facility
Operations &
Maintenance
• Operate and maintain the Wellness Center facility : 24- hours per day, 7-days per week, 365 days per year.
• Create rules, policies and procedures for clients .
• Collaborate with the City and the OT to coordinat e
referrals and prioritization of intake.
• Conduct daily orientations and promote programmin g.
• Provide for storage of Client possessions.
• Create a collaborative Wellness Center incentive and
sanctions matrix approved by the City.
• General repairs and upkeep (City financial suppor t
provided for major repair projects).
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
• Perform minor damage repairs and routine maintena nce, including, but not limited to, changing light bulbs,
unclogging toilets or sinks, replacing doorknobs, stain removal, and limited other tangible assets. Any major
repairs or maintenance costs will be covered by the City, such as repairs related to building structural issues and mechanical, plumbing within the structure, HVAC, and
electrical repairs.
• Completing and Maintaining the Community Garden.
• Minor Gardening (including supplies) (City will p rovide general landscaping for the Wellness Center);
• Cleaning and Janitorial services for all building s, rooms, restrooms, showers, common areas, etc. (including
procuring and providing supplies). Maintain a working
supply chain
• 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 prope rty for clients entering the shelter to minimize bed bugs,
bacteria, etc.
• Establish a process to identify a vendor and/or s taff and/or volunteers who will be responsible for cleaning
and sanitizing the facility to maintain public health and safety and/or contract this service.
• Cleaning of Rooms: Ensure rooms are regularly cle aned and turned over between Clients. When rooms are
occupied: (a) Operator 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 Operator. 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
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
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 i s
needed. The Operator shall always ensure adequate
staffing and supervision for the Program, including a shift supervisor and shelter associates/monitors for all
buildings.
3. Low Barrier
Shelter
• Implement a low barrier approach to shelter. The term "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 provide snacks. This includes the logistical planning for
orders/delivery and onsite full preparation using the on- site kitchen.
• Meals shall be provided at reasonable times (morn ing, afternoon, and evening).
• Meals must be nutritious, varied, and of sufficie nt size and calories for adults and children (when applicable). • Meals must also be responsive to any dietary rest rictions that a participant has, including medical requirements
such as soft foods and low sodium diets.
• Participants should have access to fresh fruits a nd
vegetables daily.
• Be responsible for purchasing and distributing be verages as well as small snacks.
• At the operator’s discretion, participants may be allowed to bring personal food and beverages into the program
area
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
• Participate in the local food bank to leverage local resource for food and snacks.
5. Laundry Services • Service of on-site machines; man agement of “credit” system and/or client-based laundry program
6. Coordinated
Entry & HMIS
• Participate in local Continuum of Care (CoC) coor dinated entry program. Include Diversion Screening at intake to ensure that those with alternative resources will not be accessing the homeless system or the Wellness Center.
• Operator 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.
• Operator shall work in collaboration with the bro ader (CoC) system in San Bernardino 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.
• Operator shall participate in CoC’s CES intake pr ocess, including direct service for and referrals to appropriate homeless programs, prevention and diversion,
mainstream resources, and housing.
• Operator shall participate in CoC meetings, any r elevant 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.
• Operator shall participate in the local HMIS, wit h
program participant data entry required daily for service coordination purposes. User licenses and training will be provided by the County Department staff. The shelter
operator is required to participate in the City’s Client Management System and enter all Wellness Center
related data. User access and training will be provided by the City of Victorville Staff.
• A review of the system will be conducted by the C ity for any service provided at the Wellness Center.
7. Good Neighbor
Policy
• Implement and maintain a Good Neighbor Policy to
maintain a positive relationship with the surrounding
community and neighborhood and limit negative impact
on surrounding areas. Ensure a responsive team is
available to address concerns.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
• All community complaints and/or inquiries about t he
Wellness Center will be forwarded to the appropriate City staff for prompt (same day) investigation. The Operator will be fully committed to an appropriate customer
service response and will consider the resolution of
community complaints a high priority.
8. Security • Operator shall provide security staff co verage 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
participants, staff, the surrounding community, and
promote the participants’ continued success in the
program.
• The Wellness Center Campus shall have no less tha n 3 security personnel on campus at all times and provide a security plan to be approved by the City.
• 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 operator staff through uniform. Security must be uniquely trained in de-escalation / conflict management and have experience working with people experiencing
homelessness.
• The Operator may choose to staff its own security as long as the above requirements are met.
• Monitor and operate a security camera system at t he
dir ection of the Homelessness Solutions staff.
9. Transportation
Assistance
• Develop a transportation schedule using staff/vol unteers to transport residents to appointments or errands as
necessary.
• Provide transportation to a predetermined drop of f/ pick up location (s) within the local community in the morning and evening.
• Provide transportation services to participants t o ensure access to essential wellness appointments and
coordinating services and intake.
• Transportation may be provided through services s uch as Lyft, Uber, or taxi vouchers or public transportation assistance.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
10. Animal Kennel
and Animal Care
• Clients will be responsible for the care and main tenance of their pets
• Operator to collaborate with City's Homelessness
Solutions Staff and Animal Control Division ("Animal
Control") to develop a pet contract/policy that is agreed upon by all parties.
• Operator will ensure the Pet policy is observed.
• Operator staff to develop policy as part of the
Management Operational Plan to aid and supervise as
needed.
• Operator to conduct regular wellness checks for animals in the kennels.
• Operator 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).
• Operator 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 Operator and City w ill determine the number of pets allowed in the Kennel and
on Campus at any given time.
• Operator shall provide pet food, supplies, and
connection to veterinary and Animal Control services as needed.
• In consultation with City, the Operator will cond uct regular wellness checks for animals in Client rooms and develop a policy about how many animals are allowed in
a room and what rooms can accommodate animals.
11. Intake
Coordinator
• Operator will work collaboratively with the City 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, the
Operator, and OT shall work collaboratively to develop
intake and diversion procedures for individuals who enter outside the normal CES.
• Operator shall allow for intake of new residents at least five (5) days a week during regular business hours, for as long as beds are available. For the fifty-three (53) Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
recuperative care beds, Operator shall have a
collaborative procedure with the City to conduct an
intake process.
• The workflow procedures and responsibilities of c lient intakes will be approved by the City .
12. Problem
Solving/Diversion
• Operator shall agree to ongoing assessment for th e
possibility of diversion to assist the participation in self- resolving their housing crisis and/or making reasonable efforts to re-connect with supportive family and/or friends who could temporarily or permanently house the
potential resident. At referral to the program, all
participants will have an initial assessment and case
plan created
13. Client Exits • Operator shall coordinate with the City to ensure appropriate exits for Clients transitioning out of the
Wellness Center
14. Confidentiality • The Operator shall develop a nd 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. Program
Participant
Eligibility
• Funding must be used for the sole benefit of home less persons or persons at-risk for homelessness with a
priority for Victorville, notwithstanding the CES or other minimum requirements. The Operator shall ensure that
all Clients meet City 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 Operator shall utilize the universal assessme nt tool adopted by the SB County CoC to assess program
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 1. Shelter Services for W ellness Center
participants' housing and service needs. Currently, the SB County CoC is utilizing the Vulnerability Index-
Service Prioritization Decision Assistance Tool (VI-
SPDAT). Shelter Operator may be required to change or
utilize additional assessment tools at the direction of the City and based on changes at a CoC level.
Table 2. Wraparound Services for Wellness Center
Service Type Description
1. Medical Health
Services
• On-site medical clinic that will provide care to Wellness Center clients and those who are part of Continuum of
Care in the City of Victorville; 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 City as appropriate.
• The Operator shall provide medical clinic service s at the Wellness Center. The Operator 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
2. Behavioral Health
Services
• The Operator will provide for on-site mental heal th
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 using the preferred client management system.
Additional services that will 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
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 2. Wraparound Services for Wellness Center
• Therapy
• Medication Management
3. Veterans Services • Refer/connect clients to se rvices such as housing, food, medical services, job training and insurance, specifically veterans of the U.S. Armed Forces.
4. Job Readiness &
Placement
Programs
• On/off-site preparation to include soft skills, t echnical skills; provide workshops for job searching and
interviewing best practices and refer to employers and
equip individuals to reenter the workforce. Operator will include a vocational model within the Wellness Center
operations.
5. Financial Literacy • Class instruction on perso nal budgeting, setting up bill pay, money management, planning goals, career
preparation, spending and credit.
6. Recuperative Care • Provide recuperative care a nd transitional housing services to individuals experiencing homelessness t hat are discharged from hospitals and/or reverse referr als where assessment indicate a higher level of care an d
recuperative care can be utilized to limit the impa ct on local hospitals. The Operator must be able to provi de
short-term care and case management to individuals
recovering from an acute medical/mental health illn ess or injury that does not necessitate hospitalization , but whose illness would be exacerbated by their living
condition (i.e., unsuitable, or uninhabitable). The
Operator will assist with housing stabilization, pr ovide appropriate accommodation upon admission, promote
proper hygiene with direct access to showers and laundry facilities, secure storage for personal belongings and
medications (refrigerated storage for medications m ust be available), and provide meals. The Operator will also create a process to capture individuals on the stre et
using an alternative approach to providing care to
individuals in need of recuperative care solutions.
• Operator must provide and maintain any and all li censes and permits required by the City, County, State, an d
Federal government, as well as comply with any othe r
legal and regulatory requirements imposed by applicable law. The Operator must provide and maintain all
applicable insurance policies and requirements as s et
forth in the Agreement.
• Scope of Care: The scope of care and services pro vided in any initial recuperative care programs should include:
• Clinical care for injuries/wounds, infectious and
communicable diseases, chronic conditions,
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 2. Wraparound Services for Wellness Center
musculoskeletal conditions, and post-
surgical/childbirth support.
• Support from and referral to behavioral health an d
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 servic es.
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.
7. Case Management • Operator is required to provi de a case management appointment to a new client within 72 business hours.
Also to have case management available to participants
on site. All participants must be offered case
management and must be engaged on an ongoing basis
to encourage participation. The Operator should
recognize that it may take multiple contacts before a
participant is ready to engage. The Operator 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
coordinating 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.
8. 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.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 2. Wraparound Services for Wellness Center
9. Substance Use
Disorder Counseling
• Subcontract or design a program of treatment and
rehabilitation tailored to a client’s needs related to drug or alcohol dependency. Provides individual counseling,
group sessions and track client’s progress.
10. Legal • Subcontract, partner, or provide legal assistance to address barriers to housing and stabilization.
Table 3. ERF-3 Program Grant Services for Wellness Center Service Type Description
1. Rapid Rehousing
(RRH) Services
• Rental subsidies, security deposits, landlord inc entives, house search, community-based services, case
management, contingency fund, and facilitating access
to services.
• A RRH Program Operations Manual is to be prepared by Operator and submitted to the City for approval,
including any requested updates or changes, as needed.
• A minimum of 50 individuals are housed annually.
• A minimum of 1 landlord engagement event annually
Housing Placement Services
• Case management to assist individuals in securing
and maintaining housing.
• Housing navigation to help participants locate
appropriate rental units.
• Landlord engagement to increase housing
opportunities and reduce barriers to entry.
• Linkage to supportive services to promote long -
term housing stability (including aftercare service or
service connection).
Rental Assistance and Landlord Incentives
This component provides financial assistance to secure
housing and incentivize landlord participation. It includes:
• Rental Subsidies
o Covering up to 12 months of rent and
security deposits for program participants.
• Landlord Incentives
o Provides one -time financial incentives to
encourage landlord participation.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 3. ERF-3 Program Grant Services for Wellness Center
2. Encampment
Outreach /
Engagement / Case
Management
• Operator must provide outreach to clients living in
encampments in city-specified areas. All participants
must be offered case management and must be
engaged on an ongoing basis to encourage
participation. Operator must recognize that it may take multiple contacts before a participant is ready to engage.
• Operator 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, but is not limited to, conducting
intake/assessment of individuals upon entry and
coordinate ongoing licensed drug/alcohol counseling,
medical/behavioral health appointments, job training and employment activities, check-ins, mentoring, and
Veteran’s services.
• Document contacts, file incident reports and foll ow up services through placement.
3. Enhanced Housing
Navigator Services
Housing Navigator will play a key role in connecting
individuals and families experiencing housing instability with appropriate housing resources. This position requires
proactive engagement with landlords to facilitate housing placements and maintain positive relationships that support long-term housing stability.
Housing Navigation:
• Conduct assessments to identify clients’ housing
needs and preferences.
• Provide clients with information about available
housing options, including eligibility requirements
and application processes.
• Assist clients in completing housing applications and required documentation.
• Support clients through the housing search process , including property visits and negotiations.
Landlord Engagement:
• Develop and maintain relationships with local
landlords and property management companies.
• Educate landlords about housing programs and
incentives to encourage participation.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Table 3. ERF-3 Program Grant Services for Wellness Center • Act as a liaison between landlords and clients to
address concerns and facilitate effective
communication.
• Organize landlord outreach events and workshops to
promote housing programs and foster partnerships.
Case Management:
• Monitor client progress in securing housing and
provide ongoing support as needed.
• Collaborate with social service agencies and
community organizations to connect clients with
additional resources (e.g., financial assistance,
employment services).
• Maintain accurate records of client interactions,
housing placements, and outcomes.
• Mitigate any housing issues as they arise to avoid
evictions at all cost.
Program Development:
• Contribute to the development of strategies to
improve housing access for clients.
• Provide feedback on program effectiveness and
suggest improvements based on client and landlord
experiences.
4. Street Medicine Street medicine that will provide c are 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 City as appropriate for continuity of care .
C. Operating Plan Requirement
The Operator 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 Operator will use a Housing First, low barrier approach focused on ending homelessness for everyone as quickly as possible.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
2. Client-Focused. Operator and sub-contractors will drive solutions a nd programs that focus on meeting Client needs. Operator 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 impac t of trauma. Such program emphasizes physical, psychological, and emotional s afety 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 deci sion-making and providing efficient and effective care .
5. Training-focused. Operator must establish a policy and procedure for onboarding new staff, including documentation of all trainings, an d ensure regular updates to the annualized training completed by staff. Operator 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 fr om 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 broad ly accepted best practices and facilitates client success.
8. Non-Discriminatory. Operator must have a non-discrimination policy in compliance with all federal and state laws. Non-discrimination policy must ensure that Operator’s programs and services do not discriminate based on the grounds of race, creed, color, sex, gender, gender identity, gender expression, sexual orientat ion, religion, ancestry, age, disability (including physical and mental disabilities), medical condition, genetic information, marital status, familial status, political affiliation, nat ional origin, source of income, citizenship, primary language, immigration status, arbitrary characteristics as protected by the Unruh Civil Rights Act, and all other classes of individu als protected from discrimination under federal or state fair housing laws (e.g., Title VII I 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. Operator must have a Language Access Plan and accompanying guidance to ensure that participants with limited English proficiency can receive services in their desired language. Operator must provide tr aining 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 guid e investment to achieve maximum impact. The Operating Plan will include clear participation and integration with Homeless Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
Management Information System (HMIS), Coordinated Entry System (CES) and the City’s Homelessness Solutions Coordinator.
11. Accountable & Measurable. Operator 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. Operator must establish a participant feedback pol icy and develop a feedback process that provides for ongoing opportunities for participants to voice opinions and provide feedback confidentially to the person i n charge of the program. Methods for receiving participant feedback can include exit int erviews, surveys, focus groups and program meetings.
13. Innovative. Operator will continuously evaluate opportunities to adapt practices to innovate new strategies to increase positive outcomes.
14. Reimbursement. Operator 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 by it for the Wellness Center continuum. These reimbursements shall be utilized t o 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 Operator and all partner organizations will be responsible for complying with standards for Homele ss Assistance, Homeless Management Information System (HMIS), Lightning Step, CES, and all objectives/outcomes described in any grants being used to fund the Wellness Center Campu s. All Wellness Center activities will be documented in monthly, quarterly and year-end repor ts in a format determined by the City.
Operator staff will work closely with the City on p rogramming 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 t he change in the Clients, community, or system because of the programs; including but not limited to:
• Reduction in the length of time an individual rema ins homeless.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope 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 unsubsidi zed) during the year; and/or • Client satisfaction with services, treatment, meal s, and adherence to shelter standards of care.
E. Professional Practices
All professional services provided by the Operator 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 p rofessional practices. The Operator 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.
The Operator 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 provided by Operator. “Facilities” includes all fil es, records, and other documents related to the performance of this Agreement, such as items covere d 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. Operator shall permit on-site inspection of the premises by City upon request of City. Upon request of City, the Operator 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 Operator’s services.
G. Reporting
The Operator shall provide reports to City regardin g program monitoring and outcomes, in a format to be determined by City. The City requires the Operator and the OT to use Lighting Step and HMIS for data input. Subcontractors, if any, may be required to use the same or compatible software.
H. Community Service Partners
The Operator shall engage community service partners, including but not limited to, mental health partners and domestic violence partners, on their o wn 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.
Exhibit “A-1”
Wellness Center Wraparound and Shelter Operator Services Consolidated Project - Scope of Services
I. Performance to Satisfaction of City
The Operator 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 Operator to review the quality of the services and resolve matters of concern; and/or (b) Require Operator to replace or provide alternat ive on-site project management staff or subcontractors should significant performance issues arise; and/or (c) Terminate Operator’s contract/agreement.
J. Reports
Operator shall submit reports monthly to the City and, if requested by City, directly to other entities for reporting purposes as it relates to regulatory or grant requirements. Data and due dates for the monthly reports will be items mutually agreed u pon with the City based on regulatory needs and data collected through HMIS and Lighting Step.
K. Health Insurance Provider Agreements
The Operator must be willing to enter into participating health insurance provider agreements and participate in the CalAIM program.
L. Additional Services
The Operator will also be required to facilitate a smooth transition to a single Wellness Center operator model.
P:\APPS\WPDATA\VVCA\0001-45 AGREEMENTS REVIEW & TEMPLATES\WELLNESS CENTER OPERATORS\SYMBA NEW CONSOLIDATED WCWS AND CENTER OPERATOR AGMT 2025\600.5-EXHIBIT A-1 WS SO AGMT SYMBA CLEAN NEAR- FINAL 05.01.25.DOCX
25 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
EXHIBIT “A-2”
CONSULTANT’S RESPONSE TO RFP FOR THE
WS PROJECT
26 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
EXHIBIT “B-1”
NON-ERF-3 BUDGET
Organization Name:Project Title:
7/1/2025
PERSONNEL/STAFFING FTE Per Hour Total
Intake Specialist 1 $28.00 $4,480.00
Case Managers/HN 5 $28.00 $22,400.00
Peer Support Specialist 1 11 $20.00 $35,200.00
Security 4 $25.00 $16,000.00
Assistant Manager 1 $41.00 $6,560.00
Subtotal, Personnel/Staffing $84,640.00
Fringe @16% $13,542.40
Payroll Taxes $9,366.60
TOTAL, PERSONNEL $107,549.00
PROGRAM/OPERATING
Meals $74,269.18
Supportive Services OperationsTOTAL, PROGRAM $74,269.18 Administrative 10% of Expenses $ 18,181.82 TOTAL EXPENSES(Personnel + Program + Indirect) $200,000.00 Funding from Victorville $200,000.00
Cost to Symba Center $0.00
Symba CenterWellness Center
Start Up Funds
Symba Center
Year 1
Wellness Center
Shelter and Supportive Services 7/1/2025
PERSONNEL/STAFFING FTE Per Hour Total
Intake Specialist 1 $28.00 $58,240.00
Case Managers/HN 8 $28.00 $465,920.00
Occupational Therapist 0.5 $50.00 $52,000.00
Peer Support Specialist 2 4 $22.00 $183,040.00
Peer Support Specialist 1 17 $20.00 $707,200.00
Licensed Vocational Nurse 4 $28.50 $237,120.00
Medical Assistants 5 $20.00 $208,000.00
LMFT Therapist 1 $75.00 $156,000.00
LMFT Associate 1 $40.00 $83,200.00
Medical Director 0.2 $0.00
Pharmacist 0.5 $85.00 $88,400.00
Nurse Practitioner (medical recup) 0.5 $85.00 $88,400.00 Nurse Practitioner (psych recup) 0.5 $85.00 $88,400.00
Kitchen Manager 1 $30.00 $62,400.00
Kitchen Staff 6 $20.00 $249,600.00
Registered Nurse Case Manager 1 $55.00 $114,400.00
Security 8 $25.00 $416,000.00
Substance Abuse Counselor 1 $27.00 $56,160.00
Wellness Center Manager 1 $50.00 $104,000.00
Assistant Manager 1 $41.00 $85,280.00
Data Coordinator 1 $27.00 $56,160.00
Drivers 2.5 $27.00 $140,400.00
Subtotal, Personnel/Staffing $3,700,320.00
Fringe @16% $592,051.20
Payroll Taxes $409,492.21
TOTAL, PERSONNEL $4,701,863.41
PROGRAM/OPERATING
Office Supplies $30,000.00
Medical Supplies $20,000.00
Janitorial Supplies $10,000.00
FF&E $37,750.35
Meals $887,675.00
Laundry $31,025.00
Hygiene $8,750.00
Misc (Client) $30,600.00
Vehicle Gas and Maint. $10,000.00
Vehicle Lease $22,632.00
Vehicle Washing $10,200.00
Pest Control $2,000.00
Mileage $20,000.00
Supportive Services Operations
TOTAL, PROGRAM $1,120,632.35
INDIRECT/OVERHEAD
Professional Development $10,000.00
Meals and Team Engagement $42,000.00
Vehicle Depreciation $12,000.00
Miscellaneous Expenses $20,000.00
Subcontracts (Billing Services) @ 7% $248,032.75
Capital/Equipment Van $55,000.00
INSURANCE
Facility Insurance $34,930.82
Vehicle Insurance $25,000.00
Section 4 (3) Insurance Costs $125,000.00
TOTAL, INDIRECT $571,963.57
Administrative 10% of Expenses $ 639,445.93
TOTAL EXPENSES
(Personnel + Program + Indirect) $7,033,905.26
Funding from Victorville $2,825,000.00
Cost to Symba Center $4,208,905.26
Subject to Section 4(3) of the Agreement
Organization Name:
Project Title:
Symba Center
Year 2
Wellness Center
Shelter and Supportive Services 7/1/2026
PERSONNEL/STAFFING FTE Per Hour Total
Intake Specialist 1 $28.84 $59,987.20
Case Managers/HN 8 $28.84 $479,897.60
Occupational Therapist 0.5 $51.50 $53,560.00
Peer Support Specialist 2 4 $22.66 $188,531.20
Peer Support Specialist 1 17 $20.60 $728,416.00
Licensed Vocational Nurse 4 $29.36 $244,275.20
Medical Assistants 5 $20.60 $214,240.00
LMFT Therapist 1 $77.25 $160,680.00
LMFT Associate 1 $41.20 $85,696.00
Medical Director 0.2 $0.00
Pharmacist 0.5 $87.55 $91,052.00
Nurse Practitioner (medical recup) 0.5 $87.55 $91,052.00 Nurse Practitioner (psych recup) 0.5 $87.55 $91,052.00
Kitchen Manager 1 $30.90 $64,272.00
Kitchen Staff 6 $20.60 $257,088.00
Registered Nurse Case Manager 1 $56.65 $117,832.00
Security 8 $25.75 $428,480.00
Substance Abuse Counselor 1 $27.81 $57,844.80
Wellness Center Manager 1 $51.50 $107,120.00
Assistant Manager 1 $42.23 $87,838.40
Data Coordinator 1 $27.81 $57,844.80
Drivers 2.5 $27.81 $144,612.00
Subtotal, Personnel/Staffing $3,811,371.20
Fringe @16% $609,819.39
Payroll Taxes $409,492.21
TOTAL, PERSONNEL $4,830,682.80
PROGRAM/OPERATING
Office Supplies $30,900.00
Medical Supplies $20,600.00
Janitorial Supplies $10,300.00
FF&E $38,882.86
Meals $914,305.25
Laundry $31,955.75
Hygiene $9,012.50
Misc (Client) $31,518.00
Vehicle Gas and Maint. $10,300.00
Vehicle Lease $23,310.96
Vehicle Washing $10,506.00
Pest Control $2,060.00
Mileage $20,600.00
Supportive Services Operations
TOTAL, PROGRAM $1,154,251.32
INDIRECT/OVERHEAD
Professional Development $10,300.00
Meals and Team Engagement $43,260.00
Vehicle Depreciation $12,360.00
Miscellaneous Expenses $20,600.00
Subcontracts (Billing Services) @ 7% $255,473.73
Capital/Equipment Van $56,650.00
INSURANCE
Facility Insurance $35,978.74
Vehicle Insurance $25,750.00
Section 4 (3) Insurance Costs $128,750.00
TOTAL, INDIRECT $589,122.47
Administrative 10% of Expenses $ 657,405.66
TOTAL EXPENSES
(Personnel + Program + Indirect) $7,231,462.25
Funding from Victorville $2,909,750.00
Cost to Symba Center $4,321,712.25
Subject to Section 4(3) of the Agreement
Organization Name:
Project Title:
Symba Center
Year 3
Wellness Center
Shelter and Supportive Services 7/1/2027
PERSONNEL/STAFFING FTE Per Hour Total
Intake Specialist 1 $29.71 $61,796.80
Case Managers/HN 8 $29.71 $494,374.40
Occupational Therapist 0.5 $53.05 $55,172.00
Peer Support Specialist 2 4 $23.34 $194,188.80
Peer Support Specialist 1 17 $21.22 $750,339.20
Licensed Vocational Nurse 4 $30.24 $251,596.80
Medical Assistants 5 $21.22 $220,688.00
LMFT Therapist 1 $79.57 $165,505.60
LMFT Associate 1 $42.44 $88,275.20
Medical Director 0.2 $0.00
Pharmacist 0.5 $90.18 $93,787.20
Nurse Practitioner (medical recup) 0.5 $90.18 $93,787.20 Nurse Practitioner (psych recup) 0.5 $90.18 $93,787.20
Kitchen Manager 1 $31.83 $66,206.40
Kitchen Staff 6 $21.22 $264,825.60
Registered Nurse Case Manager 1 $58.35 $121,368.00
Security 8 $26.52 $441,292.80
Substance Abuse Counselor 1 $28.64 $59,571.20
Wellness Center Manager 1 $53.05 $110,344.00
Assistant Manager 1 $43.50 $90,480.00
Data Coordinator 1 $28.64 $59,571.20
Drivers 2.5 $28.64 $148,928.00
Subtotal, Personnel/Staffing $3,925,885.60
Fringe @16% $628,141.70
Payroll Taxes $409,492.21
TOTAL, PERSONNEL $4,963,519.51
PROGRAM/OPERATING
Office Supplies $31,827.00
Medical Supplies $21,218.00
Janitorial Supplies $10,609.00
FF&E $40,049.35
Meals $941,734.41
Laundry $32,914.42
Hygiene $9,282.88
Misc (Client) $32,463.54
Vehicle Gas and Maint. $10,609.00
Vehicle Lease $24,010.29
Vehicle Washing $10,821.18
Pest Control $2,121.80
Mileage $21,218.00
Supportive Services Operations
TOTAL, PROGRAM $1,188,878.87
INDIRECT/OVERHEAD
Professional Development $10,609.00
Meals and Team Engagement $44,557.80
Vehicle Depreciation $12,730.80
Miscellaneous Expenses $21,218.00
Subcontracts (Billing Services) @ 7% $263,137.94
Capital/Equipment Van $58,349.50
INSURANCE
Facility Insurance $37,058.11
Vehicle Insurance $26,522.50
Section 4 (3) Insurance Costs $132,612.50
TOTAL, INDIRECT $606,796.15
Administrative 10% of Expenses $ 675,919.45
TOTAL EXPENSES
(Personnel + Program + Indirect) $7,435,113.98
Funding from Victorville $2,997,042.50 Subject to Section 4(3) of the Agreement Organization Name:
Project Title:
Cost to Symba Center $4,438,071.48
Total Operational Costs For Three Years $21,700,481.49
Total From Victorville for Three Years $8,731,792.50
Total From Symba Center for Three Years$12,968,688.99
Subject to Section 4(3) of the Agreement
27 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
EXHIBIT “B-2”
ERF-3 BUDGET
Category Description July 1st 2025 - June
30th 2027
Rapid Re-Housing (RRH) $ 776,800.00
- Rental Subsidies Monthly rental assistance $ 520,000.00 - Security Deposits One-time deposit support $ 80,000.00 - Landlord Incentives Landlord engagement $ 60,000.00 - Housing Search Assistance Staff support and transportation $ 60,000.00 - Community-Based Services Access to essential services $ 56,800.00 Contingency Fund Reserve for unexpected costs $ 10,000.00 Outreach Case Management
Case Management Services
Medical Services
Medical Services for Clients
Housing Navigator
Housing Navigation
Total $ 1,374,920.00
Position FTE Salary Fringe @30% Total Per Hour ($)
Case Manager 2.00 116,480.00$ 34,944.00$ 151,424.00$ 28.00$ Medical Staff 0.75 51,480.00$ 15,444.00$ 66,924.00$ 33.00$ Housing Navigator 1.00 58,240.00$ 17,472.00$ 75,712.00$ 28.00$ Total 3.75 226,200.00$ 67,860.00$ 294,060.00$ Trauma-informed, client-centered
support $ 302,848.00
ERF PROJECT BUDGET
*Staff salaries calculation is for 1 year. As we are budgeting for 2 years, we have multiplied this by 2 in our ERF Project Budget.
Basic health services $ 133,848.00
Landlord engagement, aftercare
ERF Staff (1 year)*
$ 151,424.00
28 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
EXHIBIT “C”
WELLNESS CENTER MAP
29 Consultant/PSA /Symba Center/ Wellness Center Consol. Project No. JM23-065-1
EXHIBIT “D”
BUSINESS ASSOCIATE AGREEMENT
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Envelope Id: A 1499C01 CF5544548AD969D9B2204803 Status: Completed Subject: Complete with Docusign: COV Business Associate Agreements with Hope the Mission & Symba Center Source Envelope:
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10/31/2024 8:17:16 AM
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[email protected]
Partner
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