Attachment D - RRH Request for Proposal - Project CC25-136 — Victorville City Council, September 2, 2025

ATTACHMENT D
RRH Request for Proposal – Project CC25-136
RFP #CC25-136 RAPID RE-HOUSING PROGRAM 0

REQUEST FOR PROPOSALS FOR

RAPID RE-HOUSING PROGRAM (ERF-3)

Project CC25-136

Proposal Due Date:

May 29, 2025

2:00 P.M. PST

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 1

TABLE OF CONTENTS
RAPID RE-HOUSING PROGRAM (ERF-3)
PROJECT CC25-136

This solicitation package includes the sections and subsections listed below. If any of these items are missing from your solicitation package, please notify the contact identified in Section A, paragraph C.

SECTION A - REQUEST FOR PROPOSALS

A INTRODUCTION

B SUBMITTAL LOCATION, CLOSING DATE AND TIME

C INQUIRIES

D SELECTION CRITERIA

SECTION B - TERMS AND CONDITIONS

1. WAITING PERIOD

2. INQUIRIES

3. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE

4. PROPOSAL INCLUSION

5. WITHDRAWAL OF PROPOSAL BEFORE CLOSING

6. MISTAKES IN PROPOSAL

7. PROPOSAL LABELING

8. PROPOSAL SUBMITTAL

9. PROPOSAL ACCEPTANCE

10. INTERPRETATION OF DOCUMENTS

11. COST PROPOSAL

12. PUBLIC RECORD

13. CONTRACT EXECUTION

14. ACCEPTANCE AND PAYMENT

15. FEDERAL, STATE, AND LOCAL LAWS

16. RETENTION OF AND ACCESS TO RECORDS

17. DRUG-FREE WORKPLACE REQUIREMENTS

18. AMERICANS WITH DISABILITIES

19. ORDER OF PRECEDENCE

20. CONFLICT OF INTEREST

21. ERF-3 GRANT COMPLIANCE

22. AFFIRMATIVE ACTION

23. INDEMNIFICATION

24. HIRING OF UNDOCUMENT IMMIGRANTS

25. CITY OF BUSINES LICENSE

26. TERMINATION OR SUSPENSION

27. TERMINATION FOR DEFAULT

28. LEVINE ACT STATEMENT

29. OWNERSHIP OF MATERIALS & DOCUMENTS

30. CONFIDENTIALITY

31. AMENDMENT AND REQUESTS

32. NON-COMMITMENT OF THE CITY

33. GENERAL COMPLIANCE

34. PREVAILING WAGE AND DEPARTMENT OF INDUSTRIAL RELATIONS

35. DISCLAIMERS AND RESERVATION OF RIGHTS

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 2

TABLE OF CONTENTS
RAPID RE-HOUSING PROGRAM (ERF-3)
PROJECT CC25-136

(continued)

SECTION C – SCOPE OF SERVICES/WORK

SECTION D - FORMS

SUBMISSION CERTIFICATION

COST PROPOSAL FORM AND BUDGET EXCEL SPREADSHEET

PROPOSER IDENTIFICATION

FINANCIAL STABILITY FORM

CUSTOMER REFERENCE
WORKERS’ COMPENSATION CERTIFICATE

SIGNATURE AUTHORIZATION

NON-COLLUSION DECLARATION

LIST OF SUB-PROPOSERS

CALIFORNIA LEVINE STATEMEMT
SB 854 CERTIFICATION

DEBARRED CERTIFICATION

ACKNOWLEDGEMENT PAGES FOR ALL ADDENDA (IF ANY)

ADDITIONAL SUBMITTALS PER SECTION C SCOPE OF SERVICES/WORK

ATTACHMENT A

SAMPLE CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

ATTACHMENT B

CITY’S ERF PROGRAM GRANT AGREEMENT NO. 24-ERF-3-R-100025

ATTACHMENT C

SAMPLE RRH BUDGET SHEET

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 3

CITY OF VICTORVILLE

SECTION A - REQUEST FOR PROPOSALS
RAPID RE-HOUSING PROGRAM (ERF-3)
PROJECT CC25-136

A. INTRODUCTION: The City of Victorville (hereinafter referred to as the “City”) is requesting sealed proposals from qualified Consultants for the administration and implementation of a Rapid Rehousing Program per the Scope of Services/Work in Section C of this Request for Proposals (RFP.)

B. SUBMITTAL LOCATION, CLOSING DATE, AND TIME: Proposals will not be received after the "closing" date and time indicated. Emailed proposals will not be accepted.

Submittal Closing: MAY 29, 2025, 2:00 p.m. PST

C. INQUIRIES: Any prospective Proposer desiring an explanation or interpretation of this solicitation, specifications, etc., must request it in writing, no later than MAY 22, 2025 by noon PST, ten (10) business days before the Closing date. To receive such information, Proposers must submit a request in writing to the individual identified below. Verbal explanations or instructions given during any phase of this solicitation will not be binding on the City. Any information given to a prospective Proposer will be furnished promptly as an addendum to this solicitation if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Proposers. Inquiries regarding this solicitation should be directed to:

Celeste Calderon, Finance Specialist
City of Victorville, 14343 Civic Drive, Victorville, CA 92392 Phone (760) 955-5082
E-mail: [email protected]

Please reference "Request for Proposals CC25-136 RAPID RE-HOUSING PROGRAM (ERF-3)" when contacting the City regarding this solicitation. The City of Victorville web page, https://www.victorvilleca.gov/government/city-departments/administrative- services/finance/purchasing/bids, will contain a reference to this document as well as all applicable addenda.

D. SELECTION CRITERIA: Staff may contact the p roposer(s) for additional information or clarification. Selection among the proposals received will be based upon:
o each proposer’s qualifications and ability to meet the Selection Criteria in Section C
o compliance with the submission requirements and instructions set out in this RFP o budget and cost effectiveness
o timeline for commencement and completion or the proposed services o program design, partnerships and community coordination o cultural competency and equity

Dated:
_______________________________
Signed, Jennifer Thompson, City Clerk
RFP #CC25-136 RAPID RE-HOUSING PROGRAM 4

CITY OF VICTORVILLE

SECTION B - TERMS AND CONDITIONS

REQUEST FOR PROPOSALS
RAPID RE-HOUSING PROGRAM (ERF-3)
PROJECT CC25-136

NOTE: IT IS THE OFFERER'S RESPONSIBILITY TO EXAMINE
THE "REQUEST FOR PROPOSAL" SOLICITATION IN ITS ENTIRETY

PRIOR TO SUBMITTING A PROPOSAL

1. WAITING PERIOD: Proposals shall be firm offers, subject to acceptance or rejection for a period of up to ninety (90) days from the date of the proposal opening until proceedings are completed and an award is made. Proposer shall assume full responsibility for the effect of the waiting period on all proposal fees and terms.

2. INSURANCE

COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE

a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable) , Commercial General Liability Insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the acts or omissions of the Consultant or its officers, employees, servants, volunteers, and agents and independent contractors.

b. Consultant shall further procure and maintain, at its own expense, during the Initial Term of this Agreement, (and during the Option Period, if applicable), Commercial Vehicle Liability Insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Consultant or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement.

WORKERS' COMPENSATION INSURANCE

a. Consultant shall procure and maintain at its own expense, during the Initial Term of this Agreement (and during the Option Period, if applicable), Workers' Compensation Insurance, providing coverage as required by the California State Workers' Compensation Law.

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

PROFESSIONAL LIABILITY INSURANCE

a. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors RFP #CC25-136 RAPID RE-HOUSING PROGRAM 5

and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

ADDITIONAL INSURED

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

WAIVER OF SUBROGATION RIGHTS

Consultant shall require the carriers of all required insurance policies, with exception to Professional Liability, to waive all rights of subrogation against the City and its officers, employees, servants, volunteers, agents, and independent contractors and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver.

PROOF OF INSURANCE COVERAGE; REQUIRED ENDORSEMENTS

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

b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the 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.

c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the City of such termination or expiration.

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

Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”

3. PROPOSAL INCLUSIONS: The "Request for Proposal" documents shall be returned in their entirety, with ALL applicable portions fully completed by the Proposer. All Proposers are RFP #CC25-136 RAPID RE-HOUSING PROGRAM 6

encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.

4. WITHDRAWAL OF PROPOSAL BEFORE CLOSING : Any Proposer may request the withdrawal of their submitted proposal, by written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, the City will consider the Proposer's proposal null and void and return the proposal to the Proposer unopened. Withdrawal of Proposer's proposal will not prejudice Proposer's resubmittal for this or any future proposal(s).

5. MISTAKE IN PROPOSAL: Any Proposer may withdraw their proposal after the proposal opening, subject to the time restrictions indicated below, only if the Proposer can establish to the City’s satisfaction, that a mistake was made in preparing the proposal.

1. A Proposer declaring a mistake must provide a written notice to the City within five (5) calendar days following the scheduled closing date, specifying in detail, how the mistake occurred, and how the mistake made the proposal materially different than it was intended.

2. Withdrawal of the proposal will only be permitted for mistakes made in the completion of the proposal. A Proposer who claims a mistake shall be prohibited from submitting further proposals on the Project on which the mistake was claimed.

6. PROPOSAL LABELING: The proposal shall be submitted in a sealed envelope with all original pages intact. Proposal envelopes must be plainly marked and submitted as follows:

SEALED PROPOSAL FOR CC25-136 RAPID RE-HOUSING PROGRAM (ERF-3)

7. PROPOSAL SUBMITTAL: All Proposers shall complete and return one (1) original and four (4) copies of their proposal to City of Victorville, 14343 Civic Drive, Victorville, CA 92392, attention Purchasing. All proposals delivered in an express courier package shall be sealed in a separate envelope within the courier package. Any proposal found to be illegible or incomplete shall be considered for rejection. Whether sent by courier, mail, or by means of personal delivery, Proposers assume full responsibility for having their proposal deposited at the proper address and not later than the scheduled clos ing time.

Faxed or emailed proposals or modifications will not be considered. More than one (1) proposal from an individual, firm, partnership, or corporation under the same or different names, will not be considered.

1. The documents listed on the Submission Certification form (see Section D) must be included with your proposal submittal for a proposing Consultant to be considered.

2. Proposers should send the completed proposal consisting of one (1) original and four (4) copies to the address noted in Section A, Paragraph C Inquiries, above.

8. PROPOSAL ACCEPTANCE: The City reserves the right to accept or reject any and all proposals and waive any irregularities or informalities in any proposals or in the proposal process. The City further reserves the right to award the contract to other than the ranked number one (1) Proposer if such action is deemed to be in the best interest of City.

The award of the contract, if awarded, will be made within ninety (90) working days after opening of the proposals. The proposer 's signature on the Cost Proposal Form shall RFP #CC25-136 RAPID RE-HOUSING PROGRAM 7

constitute a commitment on the part of that Proposer to furnish the service as set forth in the Cost Proposal Form and the Specifications. The Cost Proposal Form, together with the Technical Provisions and Scope for the RAPID RE-HOUSING PROGRAM (ERF-3), PROJECT CC25-136. RFP, proposed to be furnished, shall all be considered as part of the contract between the City and the Proposer to whom a Purchase Order is issued.

Furthermore, the bidder to whom the contract is awarded shall provide the RAPID RE - HOUSING PROGRAM, PROJECT CC25-136 as set forth herein.

10. INTERPRETATION OF DOCUMENTS: During the proposal solicitation period, should a Proposer find discrepancies or omissions in any part of the "Request for Proposal," or should the Proposer be in doubt as to their interpretation, the Proposer shall immediately notify the contact indicated, above. Should it be found necessary, an addendum will be sent to all Proposers. Any addenda issued prior to the scheduled proposal closing date and time, shall form a part of this solicitation and shall become a part of the submitted proposal.

11. COST PROPOSAL : Proposer’s cost proposal shall be indicated on the Cost Proposal Form and a Budget Excel Spreadsheet (provided in Section D) for Services, as required in Section C, “Scope of Services/Work.” Each Proposer shall fully complete all parts of the Proposal Sheet, or their Proposal may be considered for rejection.

1. Be advised that the City is requiring Proposers to itemize and detail components of their cost proposal s, including but not limited to, staffing, rental subsidies, move-in costs, landlord incentives, client costs, other operating costs, and administrative costs (not to exceed 5%).

2. All items presented by the successful Proposer in his/her proposal shall be subject to negotiations between the City and the Proposer. This may include, but is not limited to, scope, composition of the project team, time frame, and fees.

3. A Sample Budget Excel Spreadsheet is provided for reference.

12. PUBLIC RECORD: Be advised that all information contained in submitted proposals shall become a matter of public record and subject to public disclosure pursuant to a valid request made under the California Public Records Act, Gov. Code § 7920.000. et seq. (the “CPRA”), upon award of a contract. The City will not disclose any part of any proposal before it announces a recommendation for selection on the grounds that there is a substantial public interest in not disclosing proposals during the evaluation process. After the announcement of a recommended award, all proposals will be subject to public disclosure. Should Proposer believe that submitted information is exempt from disclosure under the CPRA, Proposer must identify all such material by conspicuously marking the same “ confidential” or “proprietary”. In addition, Proposer shall identify the specific exemption of the CPRA justifying nondisclosure of the information. In the event Proposer requests notification from the City of receipt of a CPRA request seeking such information, the City will provide notification of such a request to Proposer as soon as is reasonably practicable. The City will produce or exempt material in accordance with the CPRA in its sole and absolute discretion. In the event Proposer believes such information should be withheld or exempted, Proposer may bring appropriate legal action, including, without limitation, a reverse Public Records Act suit, to protect its alleged interests.

13. CONTRACT EXECUTION: The Consultant shall execute a contract (Agreement) with City for the services to be provided. A sample Agreement is provided as Attachment “A” RFP #CC25-136 RAPID RE-HOUSING PROGRAM 8

at the end of this RFP.

14. ACCEPTANCE AND PAYMENT: Consultant’s invoice(s) shall include reference to the Purchase Order number issued for the services and be accompanied by detailed supporting documentation. City shall pay the Consultant’s properly executed invoice, subject to approval by the Project Manager, within thirty (30) days following receipt of the invoice. Invoice submittals shall be paid for the cost per unit of work completed during the invoiced period. Payment will be withheld for any services which do not meet or exceed City requirements or have proven unacceptable until such services are corrected, resubmitted and accepted by the City.

15. FEDERAL, STATE, AND LOCAL LAWS : The Consultant and all subcontractors shall comply with all applicable federal, state, and local laws, rules, and regulations.

16. RETENTION OF AND ACCESS TO RECORDS: At all reasonable times during the term of this contract and for a minimum of three years following final settlement, City, and any designated representative shall have access to all records related to work performed under this contract and the Consultant and all subcontractors shall make such records available for inspection, audit, copying excerpts and transcriptions.

17. DRUG-FREE WORKPLACE REQUIREMENTS: The Consultant and all subconsultant shall comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Sections 8350 et seq.).

18. AMERICANS WITH DISABILITIES: The Consultant and all subcontractors shall comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 1201 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

19. ORDER OF PRECEDENCE: The documents referenced below represent the Contract Documents. Where any conflicts exist between the General Terms and Conditions, or addenda attached, then the governing order of precedence shall be as follows:

1. Amendments to the RFP/Agreement

2. City Request for Proposal number CC25-136, including the fully executed contract

3. Consultant's proposal.

20. CONFLICT OF INTEREST: By submitting a proposal, proposer certifies that: (1) neither it, nor any of its officials or employees, presently has or shall acquire, any financial or business interest that would conflict with the performance of services under any contract that might be awarded by the City hereunder; and (2) it does not know of any fact which would constitute a violation of any applicable conflict of interest law, including without limitation, the Political Reform Act (Cal. Gov. Code section 81000 et seq.) or Section 1090 et seq. of the California Government Code, with respect to entering into any contract awarded under this RFP.

Proposer agrees to cooperate fully with the City and to provide any necessary and appropriate information requested by the City concerning potential conflicts of interest or prohibitions concerning the award of any contract hereunder.

If Proposer meets the definition of a “Consultant” as set forth in the Fair Political Practices Commission (FPPC) regulations (2 CCR Section 18700.3), Proposer will disclose its financial interests as required by the City’s Conflict of Interest Code and the Political Reform Act, as RFP #CC25-136 RAPID RE-HOUSING PROGRAM 9

such may be amended from time to time, by completing and filing a FPPC Form 700 - Statement of Economic Interests with the Victorville City Clerk’s office pursuant to written instructions provided by the City Clerk.

21. ERF-3 GRANT COMPLIANCE: ERF-3 Grant Funds are the funding source for the services being sought in this solicitation. In addition to the requirements set forth elsewhere in this RFP, Proposer shall be required to comply with the provisions of the City’s ERF Program Grant Agreement No. 24-ERF-3-R-100025, attached to this RFP as Attachment B . Said Grant Agreement shall also be incorporated into any final Agreement. Notwithstanding anything to the contrary herein, all applicable financial assistance program document(s) and/or grant agreement rules, requirements, and regulations specified in Exhibit “ B” shall be deemed to control in the event of an irreconcilable conflict with other provisions contained in this RFP.

22. AFFIRMATIVE ACTION: The City hereby notifies all bidders that it will affirmatively ensure that minority business enterprises will be afforded full opportunity and consideration when submitting proposal in response to this invitation and will not be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the proposals for award of contract.

23. INDEMNIFICATION: Except as set forth in Subsection b of this Section 22 , and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

b. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

(1) Notwithstanding the provisions of Subsection a above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 10

c. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

d. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

24. HIRING OF UNDOCUMENTED IMMIGRANTS PROHIBITED: Consultant shall not hire or employ any person to perform work within the City or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

25. CITY BUSINESS LICENSE: The Consultant and each of its subcontractors shall obtain a City business license prior to commencing work for the City of Victorville.

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

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

27. TERMINATION FOR DEFAULT: The City of Victorville, may, by written notice of default to the Consultant, terminate this contract in whole or in part if the Consultant fails to:

1. Perform the services within the time specified in this contract or any extension; or

2. Make progress, so as to endanger performance of this contract; or

3. Perform any of the other provisions of this contract.

28. LEVINE ACT STATEMENT: All proposals must be accompanied by a signed and completed California Levine Act Statement disclosing any political contributions made by the Proposer to Victorville City Councilmembers.

29. OWNERSHIP OF MATERIALS & DOCUMENTS: The City retains ownership of any and all partial or complete reports, drawings, plans, notes, computations, lists, and/or other materials, documents, information, or data prepared by the Consultant and/or the Consultant’s subcontractor(s) pertaining to this document. Said materials and documents are confidential and shall be available to the City from the moment of their preparation, and the Consultant shall deliver same to the City whenever requested to do so by the Project RFP #CC25-136 RAPID RE-HOUSING PROGRAM 11

Manager and/or the City. The Consultant shall provide the city with an electronic version of all project-related documents, including all text documents and drawings. The Consultant agrees that same shall not be made available to any individual or organization, private or public, without the prior written consent of the City.

30. CONFIDENTIALITY: Before the award of the contract, all proposals will be designated confidential to the extent by permitted by the California Public Records Act. After award of the contract (or if not awarded, after rejection of all proposals), all responses will be regarded as public records and will be subject to review by the public. Any language purporting to render all or portions of the proposals confidential will be regarded as non-effective and will be disregarded.

31. AMENDMENTS & REQUESTS: The City reserves the right to amend this Request for Proposal by addendum before the final proposal submittal date.

32. NON-COMMITMENT OF THE CITY
This Request for Proposal does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract these services. All products used or developed in the execution of any contract resulting from this Request for Proposal will remain in the public domain at the completion of the contract.

33. GENERAL COMPLIANCE WITH LAWS
The Consultant shall be required to comply with all federal, state and local laws and ordinances applicable to the services being provided and the source of grant funding.

34. PREVAILING WAGE AND DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENTS: Work deemed to be “public works” under California law are subject to the prevailing wage requirements pursuant to the California Labor Code and will be subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Further, both the prime consultant and any member of the consultant team required to hold a contractor’s license to perform the work assigned to that team member must be registered with the DIR pursuant to Labor Code Sections 1725.5 and 1770 et seq. prior to submittal of any proposal. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to the Labor Code. Proof of such required registration for both the prime consultant and the specific team member holding the contractor’s license must be submitted with the proposal. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, ro dman or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth.

California State Prevailing Wage information is available through the DIR website at the following links:
• DIR FAQ: www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html
• DIR Wage Determination: www.dir.ca.gov/oprl/DPreWageDetermination.htm

35. DISCLAIMERS AND RESERVATION OF RIGHTS: Upon receipt, each Proposal becomes the sole property of the City and will not be returned to the Proposer. Each Proposer is solely responsible for the costs it incurs to prepare and submit its Proposal. The City reserves, in its sole discretion, the right to reject any and all Proposals, including the right to cancel or postpone the RFP or the Project at any time, or to decline to award the RFP #CC25-136 RAPID RE-HOUSING PROGRAM 12

Agreement to any of the Respondents. The City reserves the right to waive any immaterial irregularities in a Proposal or submission of a Proposal. The City reserves the right to reject any Proposal that is determined to contain false, mis leading, or materially incomplete information.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 13

CITY OF VICTORVILLE

SECTION C
RAPID RE-HOUSING PROGRAM (ERF-3)
PROJECT CC25-136

SCOPE OF SERVICES/WORK

The City of Victorville (City), through its Encampment Resolution Fund (ERF‐3‐R) initiative, invites qualified organizations to submit proposals for the administration and implementation of a Rapid Rehousing Program, supported by a total budget of $1,159,920. This program is a key component of the City’s strategic efforts to address homelessness within the prioritized encampment area along Interstate 15 and Highway 18 within the city limits, including those who were sheltered in our Wellness Center from those areas.

The Rapid Rehousing Program is designed to transition 50 individuals and 7 families experiencing homelessness into stable, permanent housing by providing housing placement services, rental assistance, and landlord incentives.

The selected successful proposer(s) will be responsible for the following services:

1. Housing Placement Services – (A recommended amount of $500,000) a) Case management to assist individuals in securing and maintaining housing. b) Housing navigation to help participants locate appropriate rental units. c) Landlord engagement to increase housing opportunities and reduce barriers to entry. d) Linkage to supportive services to promote long‐term housing stability (including aftercare service or service connection).

The successful proposer(s) will ensure that individuals receive personalized support throughout the rehousing process and have access to necessary resources to sustain their housing.

2. Rental Assistance and Landlord Incentives – (A recommended amount of $659,920) This component provides financial assistance to secure housing and incentivize landlord participation. It includes:
a) Rental Subsidies
i) Rental Subsidies may cover up to six months of rent and security deposits for program participants.
ii) Here is an example breakdown on subsidy cost: 50 one‐bedroom units at $1,611 per month and 7 two‐bedroom units at $2,010 per month.
a) Landlord Incentives
i) Provides one‐time financial incentives to encourage landlord participation.

Purpose of the ERF Program Rapid Rehousing
RFP #CC25-136 RAPID RE-HOUSING PROGRAM 14

The Rapid Rehousing program is designed to help individuals and families experiencing homelessness achieve stable, permanent housing using a Housing First approach. The selected proposer(s) will provide rapid rehousing services to 50 clients and 7 families referred to proposer by the City Homeless Solutions Staff or designees. These services include housing navigation, case management, and connections to essential supportive resources.

By combining direct housing placement services with financial support, the program aims to reduce barriers to housing access, promote long‐term stability, and support a successful transition into permanent housing for individuals experiencing homelessness.

The City’s Rapid Rehousing ERF Program is funded by an Encampment Resolution grant from the California Department of Housing and Community Development (HCD) and is part of the state’s comprehensive effort to resolve the experience of unsheltered homelessness for people residing in encampments using person‐centered, data‐ driven approaches.

Eligible Applicants/Proposers
The City seeks proposals from qualified entities meeting the following criteria:
• Non‐Profit Organizations: Must hold a 501(c)(3) tax ‐exempt status and demonstrate operational capacity in implementing housing‐related direct service programs. • Community‐Based Organizations: Organizations with a strong local presence and proven track record of addressing homelessness or housing insecurity within the community.
• Experience in Rapid Rehousing: Applicants must have demonstrated experience in planning, executing, and managing Rapid Rehousing initiatives or similar housing‐ focused interventions. This includes expertise in securing rental housing, providing rental assistance, and delivering case management services that support clients' transitions to permanent housing.
• Direct Service Expertise: The organization should have a history of successfully delivering direct services to vulnerable populations, such as unhoused individuals, those w ith chronic health or mental health challenges, and individuals or families impacted by substance use.
• Data Management Capabilities: Applicants must be proficient in using data systems such as the Homeless Management Information System (HMIS) and Coordinated Entry System (CES) for client tracking, service delivery documentation, and reporting on program outcomes.
• Financial and Administrative Capacity: Organizations must have robust financial management practices, including the ability to administer grant funding in compliance with federal, state, and local regulations. This includes maintaining adequate staffing, systems, and controls to manage and report on funds effectively.

Funding Focus: Rapid Rehousing
Qualified applicants will be expected to deliver a range of services that support the successful transition of clients into stable housing. Eligible activities include, but are not limited to:
• Housing identification services: Actively identifying and securing appropriate rental RFP #CC25-136 RAPID RE-HOUSING PROGRAM 15

housing options, including outreach to private landlords, shared housing arrangements, and residential facilities.
• Rental subsidies and security deposits: Providing financial assistance to cover rent for up to six months, security deposits, and other necessary payments to ensure clients can access and maintain housing.
• Landlord incentives and holding fees: Offering incentives, such as risk mitigation funds and holding fees, to encourage landlord participation and reduce barriers to housing access for clients.
• Case management and housing navigation services: Delivering individualized case management that includes housing navigation, service planning, and ongoing support to address barriers and sustain housing stability.

PLEASE ADDRESS THE FOLLOWING QUESTIONS IN YOUR PROPOSAL NARRATIVE (ON A

SEPARATE SHEETS)
Organization and Capacity Experience

1. Provide concrete examples that illustrate your organization's experience and expertise in:
a) Working with and addressing supportive service needs of people at risk of or experiencing homelessness.
b) Developing and implementing relevant program systems and services.

2. Describe your organization's basic organization and management structure. Include the number of personnel involved in your organization, including employees, interns, members, and volunteers.

3. Describe steps that your organization will take to ensure that you will be ready to start operation and services by July 1, 2025.

4. Funding for the subcontract will be disbursed on a cost-reimbursement basis. Describe your organization's experience and capacity to maintain operational cash- flow while reimbursements are in process.

Project Design

1. Provide a clear and concise description of your proposed solution that addresses the Scope of Work detailed in this RFP.

2. How will your organization incorporate Housing First, Harm Reduction, and Trauma-Informed Care into the project design?

3. Describe your organization's staffing plan and how it will cover the service responsibilities required of this program.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 16

4. Describe how your organization will provide all operational needs of the program.

5. Identify potential challenges to implementing your proposed project and explain how these challenges will be addressed.

6. How will your program regularly receive and incorporate participant feedback and address potential grievances?

Coordination and Collaboration

1. Describe your organization's outreach plan to bring households experiencing homelessness and/or households at -risk of homelessness into the project. Provide a brief explanation of how households will be identified, referred to the project, and connected with assistance, services, and/or housing from partner agencies.

2. Describe your organization's approach to collaboration with the Coordinated Entry System (CES).

3. Describe how your organization will track and evaluate the effectiveness of your project.

4. Describe what performance metrics your organization will monitor and the approach to achieving these targets. Be sure to identify tools that your organization will utilize to capture data or document that project goals are being met.

5. Describe your organization's experience using a HMIS or comparable database system.

6. Detail how your organization will actively work to identify and address performance concerns.

Commitment to Equity

1. Describe your organization's experience working with and serving culturally and racially diverse populations.

2. Describe any plan and work that your organization has undergone to improve equity.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 17

3. How are people with lived experiences and individuals from vulnerable populations engaged in your organization's planning and decision-making processes? Describe the policies or practices in place that ensure the experiences of marginalized communities are represented in your organizational infrastructure.

Budget and Cost Effectiveness

1. Describe your organization's financial accounting system and its capacity to administer the accounting requirements of this project.

2. Describe your organization's experience in leveraging other Federal, State, local, and private sector funds.

3. Please describe the source of match and leverage.

4. Cost Proposal Form (Including a budget in an Excel Format)

Proposal Requirements

All proposals shall include the following:

• Cover Letter
• Organization Chart for staffing of the Project Team
• Brief Information for Key Staff including education, directly related experience, description of their assignment on this project, and résumé • Summary of the Company’s Relative Experience and Performance (include client contact/reference information)
• Summary of Approach for Completing the Work
• Cost proposal for complete project; submitted in a separate sealed envelope

QUALIFICATIONS AND EXPERIENCE OF PROJECT TEAM

The Consultant shall designate a project team comprised of experienced professionals and technical staff to perform the work competently and efficiently with either the Consultant’s own personnel and/or sub-consultant(s). The prime consultant and sub-consu ltant(s) shall provide information on their business, applicable certificates of recognition, and other pertinent information that demonstrates their qualifications to perform the work under this RFP. The proposal shall include only references to similar projects performed by the Consultant and sub- consultants.

METHOD AND CRITERIA FOR SELECTION

A selection committee of at least three (3) members of the City’s Planning Department will be formed at the onset of the consultant selection process. Failure to meet the essential requirements for this RFP is cause for rejection of the proposal. The committee will make independent random RFP #CC25-136 RAPID RE-HOUSING PROGRAM 18

checks of the consultant’s references as well as major sub-consultants.

Consultant(s) shall be selected based upon their ability to meet the Section Criteria listed in the table below. The selection committee will rank the responding consultants’ proposals and will develop a list based on scores. Subsequently, the City will enter negotiation with the top- ranked/recommended consultant(s), with the goal of agreeing on a final contract or contracts that will deliver to the City the services and/or products required at a reasonable and fair compensation. If a fair and reasonable compensation cannot be negotiated with the top-ranked consultant or consultants, a new negotiation will be started with the next highest-ranked consultant(s). If this new negotiation fails, the process will be repeated until a contract is negotiated successfully.

The City may exercise the option of inviting the top-ranking Proposer(s) for an interview/presentation. The team representing the Proposer in the interview/presentation must consist of those individuals who will be directly involved in the project.

Maximum
Points
Selection Criteria Table
25 Qualifications and experience of the entity and key personnel assigned to the project. Demonstrated experience in providing RRH or similar housing services.

Track record with target population (e.g., individuals/families experiencing homelessness). Successful experience performing activities related to those listed in this RFP and the capacity to meet the performance outcomes. 25 Budget and Cost Effectiveness. Reasonable and well-justified budget. Leverage of other resources or in-kind support. Demonstrated cost-effectiveness, feasibility, reasonableness, and optimization of the proposed budget. 15 Timeline for commencement and completion of the proposed services with a preference to commencing the proposed services as soon as practicable. 15 Program Design. Clear description of proposed RRH model. Alignment with Housing First principles. Detailed service delivery plan (e.g., housing search, case management, landlord engagement). Demonstration of the utilization of best practices in their proposed project and the extent to which concepts of Housing First, Harm Reduction, and Trauma[1]Informed Care are embedded. 10 Partnerships and Community Coordination. Collaboration with CoC, landlords, and supportive service providers. Integration with local Coordinated Entry system. 10 Cultural Competency and Equity. Commitment to serving diverse populations equitably. Experience working with vulnerable populations and diverse communities and demonstrated understanding of the community you are serving.

NEGOTIATIONS AND AWARD
The contract, Scope of Work and cost proposal will be negotiated with the top ranked proposer or proposers. Should negotiations fail with the top ranked proposer (s), the City will discontinue negotiations and commence negotiations with the next ranked proposer(s), and so on until the Scope of Work, level of effort and cost/price have been successfully negotiated and a contract has been agreed to. However, the City may elect at any time to not negotiate any further and not award the contract.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 19

Proposers are advised that any recommendation for contract award is not binding on the City until the Awarding Authority approves the contract and the contract is fully executed.

The final recommendations will be presented to the City Council for a majority vote.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 20

CITY OF VICTORVILLE

SECTION D - FORMS
RAPID RE-HOUSING PROGRAM (ERF-3)
PROJECT CC25-136

SUBMISSION CERTIFICATION

I hereby submit to the City of Victorville the following proposal for work and services outlined in the RFP entitled “CC25-136 RAPID RE -HOUSING PROGRAM (ERF -3)”. All of the following documents (check below) are completed, fully executed, and included in my proposal as required in the RFP:

Submission Certification
Cost Proposal Form and Budget Excel Spreadsheet
Proposer Identification
Financial Stability Form
Customer Reference
Worker’s Compensation Certification
Signature Authorization
Non-Collusion Declaration
List of Sub-Proposers
California Levine Statement Act
SB 854 Certification
Debarred Certification Acknowledgement
____ Acknowledgement Pages for all Addenda (if any) ____ Qualifications per requirements in Section C - Scope of Services/Work ____ “Proposer Narrative” in Section C - Scope of Services/Work

Envelope #2 Cost Proposal Forms (in separate sealed envelope)

My signature on this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with the proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my bid proposal.
______________________________ ______________________________________ Authorized Signature Printed Name and Title

______________________________ ______________________________________ Date Signed Telephone Number

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 21

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

PROPOSAL SHEET

The undersigned declares that the locations of the proposed work, the plans, specifications, and contract documents have been carefully examined; and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, tools, equipment, and incidentals, to complete all the work.

All applicable taxes and discounts should be included. All of the aforementioned shall be done in accordance with said plans, specifications, and contract documents for the price set forth.

PROPOSAL

NARATIVE PROPOSAL: The Narrative Proposal should provide a straightforward concise delineation of capabilities to satisfy the RFP. The Cost Proposal should be prepared using Microsoft Excel and must be attached to this signed Proposal Sheet.

* All rates submitted must be all-inclusive and final.

I hereby certify that I have the authority to offer the ATTACHED BUDGET SPREADSHEET and PROPOSAL to the City of Victorville for the below listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal.

___________________________________ _______________________________________ Proposer’s Signature Company Name

_________________________________________________________________________ Address

Phone: ___________________________ Email Address:_______________________________

_______________________________________ _________________________________ Printed Name Title

__________________________________
Date

PLEASE NOTE –THE ATTACHMENT (COST PROPOSAL EXCEL SPREADSHEET) NEED TO

BE SUBMITTED SEPARATELY IN A SEALED ENVELOPE CLEARLY IDENTIFIED AS "PROPOSAL SHEET ONLY – RAPID RE-HOUSING PROGRAM (ERF-3)”

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 22

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

PROPOSER IDENTIFICATION

1. Legal name of Proposer: __________________________________________________

2. Street Address: _________________________________________________________

3. Mailing Address: ________________________________________________________

4. Business Telephone: _____________________________________________________

5. Facsimile Telephone: _____________________________________________________

6. Email Address: _________________________________________________________

7. Type of Business:

 Sole Proprietor  Partnership  Corporation

Other: ____________________________________________________________

If corporation, indicate State where incorporated: _______________________________

8. Business License number issued by the City where the Proposer’s principal place of business is located.

Number: Issuing City: ___________________________________

9. Federal Tax Identification Number: __________________________________________

10. Proposer's Project Manager: _______________________________________________

11. Name and Title of Authorized Person to sign Legal Document: _____________________

__________________________________________________________________

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 23

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

FINANCIAL STABILITY

The Proposer should include one or more of the following financial statements to provide the City with enough information to demonstrate financial stability of the Proposer and Sub-proposer:

• Financial Statement or Annual Report
• Business Tax Return
• Statement of income and balance sheet

Name: ____________________________

Signature: ________________________

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 24

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

CUSTOMER REFERENCES
Proposer: ____________________________________________________________

LIST THREE AGENCIES YOU HAVE DONE BUSINESS WITH WITHIN THE LAST THREE

YEARS WITH SIMILAR PROJECT

1. Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Contact Fax:

Contact Email:

2. Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Contact Fax:

Contact Email:

3. Name of Agency
Address
Contact Person Name:

Contact Person Phone:

Contact Fax:

Contact Email:

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 25

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

WORKERS' COMPENSATION CERTIFICATE

The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of SECTION D700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

________________________________ ________________________________ Signature Company Name

_________________________________ ___________________________________ Printed Name License Number

_________________________________ ___________________________________ Title Date

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 26

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

SIGNATURE AUTHORIZATION

Contractor/Bidder:_____________________________________________________________

A. I hereby certify that I have the authority to offer this proposal/bid to City of Victorville for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal/bid.

_____________________________

SIGNATURE
The following information relates to the legal Consultant listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me as:

_____An Individual/Sole Proprietorship
_____A Partnership, Partners’ names:
_____A Company
_____A Corporation
_____Non-Profit

2. My tax identification number is______________________________________ (For individuals, this number is usually the Social Security Number)

3. ____I am a certified small business and Small Business Preference is applicable to this proposal/bid. A copy of my certification from the Office of Small and Minority Business is attached.

_____I have recently filed for Small Business Preference but have not yet received certification.

_____I am not a Small Business.

4. _____My business is owned by a minority whose ethnicity is: ___________

_____My business is owned by a woman.

_____My business is owned by a disabled veteran.

_____My business is owned by a woman.

5. How many employees does the organization have in total and residing in Victorville? _______________________
RFP #CC25-136 RAPID RE-HOUSING PROGRAM 27

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

NON-COLLUSION DECLARATION

TO BE SIGNED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ________________ of ______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bids are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of the bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______ [date], at _______________ [City], ______________________[State].

_________________________________ _________________________________________ Signature Company Name

________________________________ _________________________________________ Printed Name Title

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 28

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

California Levine Act Statement

California Government Code section 84308, commonly referred to as the Levine Act, prohibits any Victorville City Council member from participating in the award of a contract (including award of a contract amendment) if he or she or she receives any political contributions totaling more than $500 in the 12 months preceding the date of the contract award from the person or company awarded the contract (or their agent), and prohibits Victorville City Council members form accepting, directing or soliciting such contributions while the matter is pending and for 12 months following the final decision on the award. In addition, a party, its agent/representative, or a financially interested participant is prohibited from contributing more than $500 to a Council member during a proceeding and for 12 months following the date a final decision is made.

However, the Levine Act does not apply to competitively bid, labor, or personal employment contracts; contracts valued at under $50,000; contracts where no party receives financial compensation; contracts between two or more public agencies; or such other contracts exempted in the Levine Act

1. The list of current Victorville City Council members is available at https://www.victorvilleca.gov/government/city-departments/city-clerk/city-council and is
incorporated herein as if attached. Proposers/bidders are responsible for accessing this link to review the names prior to answering the following question:

Have you or your company/organization, or any agent on behalf of you or your company/organization, made any political contributions of more than $500 to any City of Victorville City Council member in the 12 months preceding the date of the submission of your Proposal/bid or the anticipated date of any City Council action related to the proposed contract?

_______ YES ________ NO

If YES, please identify the Councilmember(s):
____________________________________________________________________________

If YES, please identify the person(s) or agent(s) making the contribution:
____________________________________________________________________________

Answering yes to the question above does not preclude the Victorville City Council from awarding a contract to you or your company/organization. It does, however, preclude the identified City Council member(s) from participating in the contract award process for this contract, unless the Levine Act does not apply to the specific contract or amendment as noted above.

Proposers are solely responsible for completing this form accurately and should refer to Government Code section 84308 and to California Code of Regulations, Title 2, section 18438, et seq. for additional information. If you are uncertain about whether you are required to report or combine a contribution, you should consult with an attorney.

By signing below, I certify that the statements made herein are true and correct and that, as the party or agent to a party, I represent I will comply with California Government Code section 84308.

1 See Government Code Section 84308(a)(5)(B).

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 29

____________________________ _________________________________ Signature of authorized individual Date

_____________________________________ ____________________________ Type or write name of authorized individual Type or write name of company/firm

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 30

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

LIST OF SUB-PROPOSERS

The bidder is required to furnish the following information in accordance with the provisions of Section 4100 to 4113, inclusive, of the Government code of the State of California. (Provide additional pages as necessary).

Bidder’s Name________________________

Name Sub-proposer is licensed under: ________________________________________ License Number and Classification: __________________________________________ Address of Sub-proposer: _________________________________________________ Percent (%) of Total Contract: __________%
Specific Description of Subcontract: __________________________________________

Name Sub-proposer is licensed under: ________________________________________ License Number and Classification: _________________________________________ Address of Sub-proposer: _________________________________________________ Percent (%) of Total Contract: __________%
Specific Description of Subcontract: __________________________________________

INITIAL IF NO SUB: _______________________

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 31

CITY OF VICTORVILLE

RAPID RE-HOUSING PROGRAM
PROJECT CC25-136

DEBARRED CERTIFICATION ACKNOWLEDGEMENT

(a)(1) The Offeror/Bidder certifies, to the best of its knowledge and belief, that— (i) The Offeror/Bidder and/or any of its Principals—
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have not, within a three-year period preceding this solicitation, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of bids; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(ii) The Offeror/Bidder has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror/Bidder shall provide immediate written notice to the City if, at any time prior to contract award, the Offeror/Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offer or’s/Bidder’s responsibility. Failure of the Offeror/Bidder to furnish a certification or provide such additional information as requested by the City may render the Offeror/Bidder nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror/Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror/Bidder RFP #CC25-136 RAPID RE-HOUSING PROGRAM 32

knowingly rendered an erroneous certification, in addition to other remedies available to the City, the City may terminate the contract resulting from this solicitation for default.

The Offeror/Bidder certifies that the foregoing is true and correct:

Offeror/Bidder: _______________________________Federal I.D. No:________________

Address:________________________________________________________________

Phone:____________________Fax:____________________Email:_________________

Signature:_________________________________________Date:__________________

Name Printed: ___________________________Title_____________________________

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 33

ATTACHMENT A

SAMPLE CONSULTANT/PROFESSIONAL

SERVICES AGREEMENT

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 34

SAMPLE AGREEMENT ONLY. AGREEMENT WILL BE MODIFIED TO REFLECT THE ACTUAL ASSOCIATED STIPULATIONS INDICATED IN THE SPECIAL PROVISIONS AND OTHER APPLICABLE CONTRACT DOCUMENTS.

CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT

BY AND BETWEEN

THE CITY OF VICTORVILLE
AND

CONSULTANT COMPANY NAME
FOR

PROJECT TITLE AND NUMBER

THIS CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT (hereinafter “Agreement”), dated this __________________ day of ______________, 20___, for reference purpose only, is made and entered into by and between THE CITY OF VICTORVILLE, a municipal corporation located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and(CONSULTANT), (STATE FORM OF BUSINESS), hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”

RECITALS:

WHEREAS, the City requires Consultant/Professional Services Provider Agreement for PROJECT TITLE; and

WHEREAS, Consultant represents that it is fully qualified to perform the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and

WHEREAS, in light of the facts set forth above, the City desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, PROJECT TITLE; and

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

PROMISES CON TAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE

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

Section 1. RECITALS

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

Section 2. SCOPE OF SERVICES

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

Section 3. COMPENSATION

The City shall pay to Consultant a sum not to exceed SPELL OUT AMOUNT and 00/100 Dollars ($ 000000000) for faithful performance of the services to be rendered under this Agreement, subject to the Proposal provisions of Section 4, below. No expense reimbursements, including, but not limited to, reimbursements for travel, parking, lodging, and/or meals shall be RFP #CC25-136 RAPID RE-HOUSING PROGRAM 35

paid to Consultant unless such expense reimbursements: (i) are specifically provided for and described by nature and type in Exhibit “B”, below; (ii) appear on Consultant’s monthly invoices to City; (iii) are supported by the appropriate receipts and other such documentation as the City shall require; and (iv) are directly related to the Scope of Services to be performed under this Agreement. In addition, any and all reimbursements shall be made in accordance with any City policy governing same.

Section 4. COST PROPOSAL (CHANGE AS APPLICABLE)

The City shall pay Consultant as provided in the Cost Proposal, attached hereto as Exhibit “B” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “B” notwithstanding, in order to receive payments, Consultant shall be required to submit to the City detailed monthly invoices which include, if applicable, a description of all services/tasks performed, the number of hours expended on each service/task, the name of the person performing the service/task, and expense reimbursement information, if any, as required by Section 3, above. Provided that services have been satisfactorily rendered, invoices shall be paid by the City approximately thirty (30) working days following receipt of Consultant’s invoice.

Section 5. RESERVED

Section 6. TERM OF AGREEMENT

This Agreement shall be for an Initial Term of NUMBER OF MONTHS/DAYS , commencing on COMMENCEMENT DATE (the “Commencement Date”) and expiring on TEMINATION DATE (the “Termination Date”) (the “Term”) , unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent Agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below.

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

Section 7. INDEPENDENT CONTRACTOR STATUS

It is the express intention of the Parties that Consultant is an independent contractor and not an employee, agent, joint venture, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both Parties acknowledge that Consultant is not an employee for state or federal tax purposes or any other purpose. Consultant shall retain the right to perform services for others during the term of this Agreement.

Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS
RFP #CC25-136 RAPID RE-HOUSING PROGRAM 36

REGARDING INDEPENDENT CONTRACTOR’S STATUS OF

CONSULTANT

a. Consultant represents and acknowledges the following:

(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City.

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

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

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

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

b. The City represents and acknowledges the following:

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

(2) The City will not hire, supervise, or pay any employees or assistants working for Consultant pursuant to this Agreement. Nothing contained in this Agreement shall prevent the City from hiring Consultant’s employees or assistants after termination of this Agreement.
(3) Nothing in this Agreement shall be interpreted to imply that Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.

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

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

(6) Unless deemed necessary under certain circumstances, Consultant is not required to perform the services set forth in this Agreement at City Hall or on City-owned property. (7) Other than attendance at required public meetings and public hearings, and complying with the provisions of the Proposal set forth in Exhibit B (CHANGE AS APPLICABLE) and any procedural requirements set forth by law, Consultant is not required to perform the services set forth in this Agreement in any particular order or sequence.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 37

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

Section 9. NOT AGENT OF THE CITY

a. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or Consultant or by any third person to create the relationship of principal and agent.

b. Consultant shall have no authority, express or implied, to act on behalf of the C ity in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Section 10. LICENSES AND PERMITS

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

Section 11. STANDARD OF PERFORMANCE; WARRANTY

a. Consultant agrees to perform all services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar services under similar conditions in the same or similar locality. Such services shall also be performed in a manner which is reasonably satisfactory to DEPARTMENT HEAD TITLE, or his/her designee.

b. By executing this Agreement, Consultant warrants that it:

(1) Has thoroughly investigated and considered the services and work to be performed;

(2) Has investigated the issues regarding the scope of services to be provided;

(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.

Section 12. FAMILIARITY WITH WORK

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any services, except at Consultant's risk, until written instructions are received from DEPARTMENT HEAD TITLE, or his/her designee.

Section 13. CONFLICTS OF INTEREST

Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s services under this Agreement. Consultant further covenants that in the performance of services RFP #CC25-136 RAPID RE-HOUSING PROGRAM 38

under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

Section 14. COMPLIANCE WITH LAWS

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

Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY

INSURANCE

Section 16. WORKERS' COMPENSATION INSURANCE

Section 17. PROFESSIONAL LIABILITY INSURANCE

b. Professional Liability Insurance or Errors and Omissions insurance as appropriate to Consultant’s profession shall be required and written on a policy form specifically designed to provide coverage for and protect against the negligent acts, errors and omissions of the Consultant in the performance of the services required by this Agreement. A minimum limit of $1,000,000 per claim and in the aggregate must be provided.

Section 18. ADDITIONAL INSURED

Compensation and Professional Liability, shall be endorsed to name the City and its officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, as Additional Insureds.

Section 19. WAIVER OF SUBROGATION RIGHTS

Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED

ENDORSEMENTS

e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.”

Section 21. TERMINATION OR SUSPENSION

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

b. This Agreement may be terminated or suspended with cause by either Party at RFP #CC25-136 RAPID RE-HOUSING PROGRAM 40

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

Section 22. TIME OF THE ESSENCE

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

Section 23. INDEMNIFICATION

a. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.

d. The obligation to indemnify and defend, as set forth in this Section 23, is bi nding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 41

Section 24. REPORTS

Upon request by DEPARTMENT HEAD TITLE, or his/her designee or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the services required by this Agreement.

Section 25. RECORDS

a. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable DEPARTMENT HEAD TITLE, or his/her designee, to evaluate the cost and the performance of such services.

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

c. DEPARTMENT HEAD TITLE, or his/her designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

d. Records and supporting documents pertaining to the use of funds paid to Consultant hereunder shall be retained by Consultant and made available to DEPARTMENT HEAD TITLE, or his/her designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement.

Section 26. RESERVED

Section 27. CONFIDENTIALITY; OWNERSHIP OF WORK

a. Any and all documents and information obtained from the City or prepared by Consultant for the City shall be kept strictly confidential unless otherwise provided by applicable law. All City data, documents and information shall be returned to the City upon termination of the 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 DEPARTMENT HEAD TITLE, or his/her designee, or as required by applicable law.

c. Consultant shall not disclose to any other entity or person any information regarding the activities of the City, except with the prior written approval of DEPARTMENT HEAD TITLE, or his/her designee, or as required by applicable law.

d. All original documents, reports, designs, computer files and all other materials prepared by Consultant in the course of performing the services pursuant to this Agreement, whether completed or in progress, are the property of the City and shall be surrendered to the City upon the completion of Consultant’s services or when requested by DEPARTMENT HEAD TITLE, or his/her designee. 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.

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 42

Section 28. PRINCIPAL REPRESENTATIVES

a. NAME AND TITLE OF SERVICE REPRESENTATIVE , 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. DEPARTMENT HEAD TITLE, or his/her designee 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.

c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party.

Section 29. MODIFICATIONS AND AMENDMENTS; EXTRA SERVICES

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

b. During the Initial Term, the City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of PROJECT TITLE, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written instrument signed by both Parties shall be required to authorize performance of and payment for Extra Services.

Section 30. ENTIRE AGREEMENT

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

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

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

Section 31. AMBIGUITIES

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

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

Notwithstanding the foregoing, the Parties agree that Exhibit “B” is (CHANGE AS APPLICABLE) attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this Consultant/Professional RFP #CC25-136 RAPID RE-HOUSING PROGRAM 43

Services Standard Provider Agreement and Exhibit “B” the terms of this Consultant/Professional Services Standard Provider Agreement shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Consultant/Professional Services Standard Provider Agreement.

Section 32. NOTICES

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

To the City: DEPARTMENT HEAD & TITLE
City of Victorville
14343 Civic Drive
Victorville, CA 92392

To Consultant: SERVICE PROVIDER NAME,

TITLE AND ADDRESS

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

Section 33. NON-LIABILITY OF CITY OFFICERS AND

EMPLOYEES

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

Section 34. REVIEW BY ATTORNEYS

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

Section 35. WAIVER

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

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

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

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 44

Section 36. ASSIGNMENT

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

Section 37. CARE OF WORK

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

Section 38. CAPTIONS AND HEADINGS

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

Section 39. SUCCESSORS, HEIRS, AND ASSIGNS

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

Section 40. GENDER

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

Section 41. SEVERABILITY

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

Section 42. GOVERNING LAW

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

Section 43. DEFAULT

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

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 45

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

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

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

Section 44. CUMULATIVE REMEDIES

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

Section 45. VENUE

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

Section 46. ATTORNEYS’ FEES

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

Section 47. EFFECTIVENESS OF AGREEMENT

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

Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

AGREEMENT

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

b. The persons executing this Agreement warrant that they are duly authorized to RFP #CC25-136 RAPID RE-HOUSING PROGRAM 46

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)

RFP #CC25-136 RAPID RE-HOUSING PROGRAM 47

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

THE CITY OF VICTORVILLE CONSULTANT NAME

By:______________________________ By:_________________________

NAME AND TITLE OF SIGNER NAME AND TITLE OF SIGNER

Dated: ___________________________ Dated:_______________________

ATTEST

By:______________________________
Jennifer Thompson,
City Clerk

Dated:___________________________

THE CITY OF VICTORVILLE APPROVED AS TO STANDARD
FORM:

By: _______________________________ By: ____________________________ Sandra Bostick, Andre de Bortnowsky,
Risk Manager City Attorney

Dated
:______________________________ Dated:__________________________

ATTACHMENT B
CITY’S ERF PROGRAM GRANT
AGREEMENT 24-ERF-3-R-100025
City of Victorville24-ERF-3-R-100025Page 1 of 23EXHIBIT A Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 AUTHORITY, PURPOSE, AND SCOPE OF WORK1.Authority The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022). The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs theRolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1). This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above. 2.Purpose As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using datainformed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments. Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

City of Victorville24-ERF-3-R-100025Page 2 of 23EXHIBIT A Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024

3.DefinitionsThe following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m); A.“Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.B. “Agency” means the Business, Consumer Services, and Housing Agency.C.“Applicant” means a continuum of care or local jurisdiction. D.“Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations. E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.F. “County” includes, but is not limited to, a city and county. G. “Department” means the California Department of Housing and CommunityDevelopment.H.“Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22. I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations. J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter. L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.M. “State right-of-way” means real property held in title by the State of CaliforniaAdditional definitions for the purposes of ERF program:

City of Victorville24-ERF-3-R-100025Page 3 of 23EXHIBIT A Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 “Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.”“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program. “Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A. 4.Scope of Work This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives. As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute. Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions. Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials. Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits. Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.

City of Victorville24-ERF-3-R-100025Page 4 of 23EXHIBIT A Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 Grantees shall complete a Final Work Product (as detailed below inExhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final. 5.HCD Contract Coordinator HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCDshall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be: PROGRAMGRANTEE ENTITY:California Department of Housing and Community Development City of Victorville SECTION/UNIT:Policy and Program Support ADDRESS: 651 Bannon Street, Suite 400 Sacramento, CA, 95811 14343 Civic Drive, Victorville, California 92392 CONTRACT COORDINATOR Jeannie McKendry Edward Amaya PHONE NUMBER:(916) 490-9589 (760) 955-5280 EMAIL ADDRESS: [email protected]@hcd.ca.gov [email protected] City of Victorville24-ERF-3-R-100025Page 5 of 23EXHIBIT A Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee. All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at [email protected]. Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment. 6.Effective Date, Term of Agreement, and Deadlines A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement. B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement. C. Grantees will continue to perform until the Agreement is terminated, includingdata reporting and participation in program evaluation activities, as needed. D. This Agreement will terminate on April 15, 2029. Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD. HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029. Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials. E. Expenditure and Obligation Deadlines:

City of Victorville24-ERF-3-R-100025Page 6 of 23EXHIBIT A Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2025.2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures. 3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD. 4) All Program funds (100 percent) shall be expended by June 30, 2027. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).

City of Victorville24-ERF-3-R-100025Page 7of 23EXHIBIT B Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 BUDGET DETAIL AND PAYMENT PROVISIONS1.Payee Name: City of Victorville Amount: $6,365,069.60 2.General Conditions Prior to DisbursementAll Grantees must submit the following completed forms prior to ERF being released: A. Request for Funds Form (“RFF”) B. STD 213 Standard Agreement form and Exhibits A, B, D and E C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3.Disbursement of Funds ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD. The RFF must include the proposed eligible uses and the amount of funds proposed to be expended. 4.Budget Details and Expenditure of Funds The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets. A. Budget Changes 1) Process: Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.

City of Victorville24-ERF-3-R-100025Page 8of 23EXHIBIT B Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 HCD reserves the right to amend or adjust this process as necessary. 2)Conditions requiring a budget modification request:Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies. Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval. B. Eligible Uses Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose. Eligible uses and activities include, but are not limited to, the following:Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services. Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

City of Victorville24-ERF-3-R-100025Page 9of 23EXHIBIT B Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 Street Outreach:Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services. Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness. Delivery of Permanent Housing:Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons. Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site. Interim Sheltering:Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons. Improvements to Existing Emergency Shelters:Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.Administration: up to 5% of awarded Program funds may be applied to administrative costs. Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below. 5.Ineligible Costs City of Victorville24-ERF-3-R-100025Page 10of 23EXHIBIT B Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose. Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD. An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution. Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.

City of Victorville24-ERF-3-R-100025Page 11 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 ERF GENERAL TERMS AND CONDITIONS1.Termination and Sufficiency of FundsA. Termination of Agreement HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination. B. Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 2.Transfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgranteeor with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation. 3.Grantee’s Application for Funds Grantee submitted a standardized budget to HCD as part of their application for the Program. Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, City of Victorville24-ERF-3-R-100025Page 12 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 incomplete, or misleading in such a manner that would substantially affect HCDapproval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4.Reporting, Evaluation, and AuditsA. Reporting Requirements 1) Timing and Format of Reports. Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination. The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees. 2) Required Data Grantees will be required to provide, at minimum: Outreach and service path data at the anonymized, individual level. Current housing status of persons served in the aggregate. Status of funding as presented in the HCD approved, standardized budget. Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes. HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

City of Victorville24-ERF-3-R-100025Page 13 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served. Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d). 3) HCD usage of Reports Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served. 4) Failure to Report If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. B. Evaluation 1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2)Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee. 3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.

City of Victorville24-ERF-3-R-100025Page 14 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 4)Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee. 5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.6) All terms and conditions that apply to reporting similarly apply to evaluation. C. Auditing HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:1) The audit shall be performed by an independent certified public accountant.2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits. 4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report. 5.Inspection and Retention of Records A. Record Inspection HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.

City of Victorville24-ERF-3-R-100025Page 15 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement. B. Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. C. Public Records ActThe grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records ActDivision 10 (commencing with Section 7920.000) of Title 1 of the Government Code. 6.Breach and Remedies A. Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events: 1) Grantee’s failure to comply with the terms or conditions of this Agreement.2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities. 3) Any failure to comply with the deadlines set forth in this Agreement. B. Remedies for Breach of AgreementIn addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:

City of Victorville24-ERF-3-R-100025Page 16 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. 2) Bar the Grantee from applying for future ERF funds. 3) Revoke any other existing ERF award(s) to the Grantee. 4) Require the return of any unexpended ERF funds disbursed under this Agreement. 5) Require repayment of ERF funds disbursed and expended under this Agreement. 6) Require the immediate return to HCD of all funds derived from the use of ERF. 7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements. C. All remedies available to HCD are cumulative and not exclusive. D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days. 7.Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.8.Nondiscrimination During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.

City of Victorville24-ERF-3-R-100025Page 17 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9.Conflict of InterestAll Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).

City of Victorville24-ERF-3-R-100025Page 18 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County. 10.Drug-Free Workplace CertificationCertification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1). A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: 1) The dangers of drug abuse in the workplace. 2) Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program. 4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: 1) Will receive a copy of Grantee’s drug-free policy statement, and 2) Will agree to abide by terms of Grantee’s condition of employment or City of Victorville24-ERF-3-R-100025Page 19 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 subcontract.11.Child Support Compliance ActFor any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; andB. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12.Special Conditions – Grantees/Subgrantee The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to: 1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. 2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.

City of Victorville24-ERF-3-R-100025Page 20 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 4) Agree to include and enforce all the terms of this Agreement in each subcontract.13.Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element,fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request. 14.Inspections A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

City of Victorville24-ERF-3-R-100025Page 21 of 23EXHIBIT D Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.

City of Victorville24-ERF-3-R-100025Page 22 of 23EXHIBIT E Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024 SPECIAL TERMS AND CONDITIONS1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCDreserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS). 3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals. 5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.

City of Victorville24-ERF-3-R-100025Page 23 of 23EXHIBIT E Program Name: Encampment Resolution Funding Program “ERF”NOFA Date: November 27, 2023 Approved Date: 08-14-2024Prep. Date: 10-04-2024

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to: A. Monitor grantee performance.B. Require a grantee not meeting goals to accept technical assistance from the Department.C. Limit the allowable uses of program funds for a grantee that is not meeting goals.7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.8.Non-Bond Funded The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Applicationdated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.

CC25-136 ADDENDUM #1 Page | 1

RFP RAPID RE-HOUSING PROGRAM ERF-3
PROJECT CC25-136

May 21, 2025

ADDENDUM #1

The attached constitutes additional information and serves to clarify questions that arose at the job walk. This will be considered to be part of the City of Victorville “RFP Rapid Re-Housing Program ERF-3”.

QUESTION: Do you have a recommended timeframe for completing the project? For example, if the goal is to have the 50 individuals and 7 families out of the encampments within 12 months, and then stabilized within 24 months, is that acceptable?

ANSWER: The goal of th is program is to transition 50 individuals and 7 families into permanent housing within 12 months . Moreover, the grant period for the City’s ERF-3 project ends June 30, 2027, so the City anticipates any/all deliverables, including stabilization services to occur within this timeframe.

BIDDER ACKNOWLEDGEMENT

Please confirm receipt of this Addendum #1, CC25-136 by attaching the signed acknowledgment to your bid proposal. Failure to acknowledge receipt of this addendum may result in the proposal being rejected as non-responsive. The undersigned acknowledges receipt of ADDENDUM #1

Should you have any questions, please feel free to contact Celeste Calderon, at (760) 955-5082, or email: [email protected]

Receipt acknowledged and conditions agreed to this _______ day of ___________2025.

Bidder: ________________________________________________________

By: ___________________________________________________________

CITY APPROVALS:

_________________________________________________________________ Alex Jauregui, City Planner

Victorville City CouncilSeptember 2, 2025

Victorville City Council
September 2, 2025