Attachment A
City Council Resolution No.
26-013, City/County ESG
Agreement
RESOLUTION NO. 26-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE
ACCEPTING THE EMERGENCY SOLUTIONS GRANTS (ESG) FUNDING IN THE AMOUNT OF $193,300.88; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO FINALIZE ALL DOCUMENTS NEEDED TO EXECUTE THE ESG CONTRACT AND ADMINISTER THE OVERALL PROJECT; AND AUTHORIZING THE CITY MANAGER
TO MAKE ANY NECESSARY AMENDMENTS TO THE CONTRACT AS DEEMED
NECESSARY BY THE COUNTY OF SAN BERNARDINO OR THE CITY ATTORNEY WHEREAS, set forth in Resolution No. 19-089, the City Council adopted a Homelessness Solutions Strategic Action Plan ("HSSAP") outlining a means to address outreach and visibility and apply for grant funding that aligns with the actions, goals and objections of the HSSAP; and
WHEREAS, the City's 2023-2026 Strategic Plan, Goal D indicates expanding on the existing homelessness outreach network to effectively engage the homeless community in services as well as evaluating the effectiveness of coordination of homelessness services, and strengthening collaboration with the County and other entities to identify new funding opportunities and expand partnerships for homelessness services; and
WHEREAS, the County of San Bernardino will provide the City $193,300.88 to provide shelter and rapid rehousing services to homeless individuals in Victorville as referred to the Wellness Center and City Outreach Team(s) through the San Bernardino County Coordinated Entry System ("CES") and the Regional Access Point; and
WHEREAS, the City of Victorville (City) has a Wellness Center, a non- congregate care facility that will play a critical role in the stabilization of sheltered and unsheltered homeless individuals by providing a low -barrier navigation center, a recuperative care facility, a medical clinic, interim hou sing, and wraparound supportive services such as case management, care coordination (medical, mental health and dental), job training/placement, legal services, and housing navigation; and
WHEREAS, the City of Victorville (City) has a Motel Voucher Program (MVP), that will play a critical role in the stabilization of unsheltered, homeless individuals by providing a low-barrier emergency shelter with case management, care coordination, and housing navigation; and
WHEREAS, the City of Victorville (City) has a Homeless Engagement Team and partners with Outreach Teams that provide trauma informed, client-centered outreach and engagement that will play a critical role in the stabilization of unsheltered homeless individuals by providing services such as case management, care coordination (medical, mental health and dental), and housing navigation; and
WHEREAS, The County of San Bernardino finds the City qualified and awarded the City ESG Funding to assist individuals experiencing homelessness and living in encampments; and
WHEREAS, the City desires to enter into this Grant Agreement with the County of San Bernardino to clarify roles, responsibilities, and reimbursement terms regarding the ESG Grant Program; and
WHEREAS, the City Council finds that all materials that constitute the record of proceeding upon which its decision is based shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, California; and
WHEREAS, after hearing all information presented, the City Council hereby accepts the ESG grant in the amount of $193,300.88 and approves the expenditure of funds pursuant to the ESG Budget Summary, which is attached to this Resolution as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals.
The foregoing Recitals are true and correct and are incorporated herein by this reference.
Section 2. Contract Agreement
The City Council hereby authorizes the execution of the agreement between the City and the County of San Bernardino, included herein as Exhibit B, to accept and use the funding to serve homeless individuals in Victorville as referred to the City through the San Bernardino County Coordinated Entry System ("CES") and the Regional Access Point.
Section 3. City Manager Authority
The City Council hereby delegates to the City Manager or his designee the role of Signature Authority on behalf of the City to execute all grant documents necessary to secure the subject ESG funds and administer/implement the approved grant project, including the execution of agreements/contracts necessary to administer or implement the approved grant project and budgeted items provided no contracts exceed the City Managers Contract Authority provided by Section 2.28.060 of the Victorville Municipal Code, unless otherwise authorized by the City Council.
Section 4. Effective Date
This Resolution shall take effect immediately upon its adoption.
Exhibit A
Budget Summary
Service Description Total
Amount
Interim/Emergency Housing
Operational Costs (Bed Fees)
Providing shelter bed nights
to clients $95,781.68
Rapid Rehousing
Providing rental subsidies,
application assistance,
housing search, and
stabilization
$78,189.12
Administration Cost Administration of the ESG
grant $19,330.08
Exhibit B
Draft Agreement: Victorville and San Bernardino County ESG
Standard Contract Page 1 of 41
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Office of Homeless Services
Department Contract Representative Marcus Dillard Telephone Number 909-501-0610
Contractor City of Victorville
Contractor Representative Keith C. Metzler
Telephone Number (760) 955-5029
Contract Term January 2, 2026 –
September 26, 2026
Original Contract Amount $193,300.88
Amendment Amount
Total Contract Amount $193,300.88
Cost Center TBD
Grant Number (if applicable)
IT IS HEREBY AGREED AS FOLLOWS:
This Contract is made and entered into, by and between San Bernardino County, hereinafter referred to as "COUNTY," and the City of Victorville, hereinafter referred to as “Contractor”; and WHEREAS, the County desires to designate a qualified provider to provide cold-weather and warm weather emergency shelter services in the high desert region of San Bernardino County; and WHEREAS, the City of Victorville is the only organization providing cold-weather and warm weather emergency shelter services in the high desert region of San Bernardino County through its Wellness Center; and WHEREAS the County through the Office of Homeless Services , has been awarded Emergency Solutions Grants (ESG) funding by the California Department of Housing and Community Development (HCD) under Contract No. 24-ESG -00040 for Fiscal Year 2024-2025. Contractor will provide Emergency Shelter and rapid rehousing services to ensure the health and safety of individuals and families experiencing homelessness during periods of extreme temperatures. Servi ces provided through this program include emergency shelter, meals, basic hygiene services, case management, and rapid rehousing assistance; and WHEREAS, the County desires that such services be provided by Contractor, and Contractor agrees to perform these services set forth herein, including the provision of Cold Weather and Warm Weather shelter services, Contract Number
SAP Number
Revised 10/17/2025 Page 2 of 41
along with Rapid Re-Housing services, for individuals and families experiencing homelessness in the high desert regions, in accordance with ESG guidelines. Services shall include shelter operations, rapid re-housing, transportation services, case management, housing navigation, rental assistance, and housing stabilization, and must be delivered during both shelter periods using a Housing First approach. All participants must be entered into HMIS, referrals shall be made through the Coordinated Entry System, and all program activities must be completed by September 26, 2026.
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
TABLE OF CONTENTS
SECTION PAGE
A. DEFINITIONS 3
B. CONTRACTOR RESPONSIBILITIES 4
C. GENERAL CONTRACT REQUIREMENTS 4
D. TERM OF CONTRACT 13
E. COUNTY RESPONSIBILITIES 13
F. FISCAL PROVISIONS 13
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS 14
H. RIGHT TO MONITOR AND AUDIT 17
I. CORRECTION OF PERFORMANCE DEFICIENCIES 18
J. NOTICES 18
K. ENTIRE AGREEMENT 18
L. ELECTRONIC SIGNATURES 19
ATTACHMENTS
EXHIBIT 1 – AWARD BY CATEGORY
EXHIBIT 2 – FISCAL PROVISIONS
EXHIBIT 3 – SCOPE OF SERVICES
EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE
EXHIBIT 5 – HMIS DATA QUALITY REPORT
EXHIBIT 6 – EXPENDITURE REPORT
EXHIBIT 7 – ESG MONTHLY EXPENDITURE REPORT CHECKLIST
EXHIBIT 8 – DISBURSEMENT REQUEST
EXHIBIT 9 – FEDERAL CONTRACTING PROVISIONS
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A. DEFINITIONS
A.1 Board: The San Bernardino County Board of Supervisors.
A.2 Case Management: Assessing housing and service needs, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant.
A.3 Contract: The Contract between the County and the Contractor.
A.4 Cold Weather Shelter: Temporary emergency shelter facility to provide safe, warm, and secure overnight accommodations for individuals experiencing homelessness during periods of cold weather. The shelter operates annually from November 1 through March 31, offering protection from potentially life- threatening cold temperatures. Services may include overnight lodging, meals, basic hygiene supplies, and referrals to supportive services. The primary objective is to prevent cold-related illnesses and fataliti es by ensuring access to shelter during the winter season.
A.5 Contractor: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.
A.6 Emergency Shelter: Activities designed to increase the quantity and quality of temporary shelters provided to homeless people, through the renovation of existing shelters or conversion of buildings to shelters, paying for the operating costs of shelters, and providing essential services.
A.7 Emergency Solutions Grant (ESG): A federally funded program authorized under Subtitle B of Title IV of the McKinney -Vento Homeless Assistance Act (42 U.S.C. §§ 11371– 11378) and regulated by 24 CFR Part 576. The program is administered by the U.S. Department of Housing and Urban Development (HUD) and, in California, by the Department of Housing and Community Development (HCD). ESG provides grant funding to eligible units of general purpose local government and federally recognized nonprofit organizations to support activities that engage individuals and families experiencing homelessness, rapidly re-house homeless individuals and families, operate and provide essential services in emergency shelters, prevent individuals and families from becoming homeless, and support data collection and evaluation through Homeless Management Information Systems (HMIS ). The primary goal of the ESG Program is to assist individuals and families in quick ly regaining stability in permanent housing after experiencing a housing crisis or homelessness, with all ESG funded activities operating in a manner consistent with Housing First practices that emphasize low-barrier access and voluntary services.
A.8 Homeless Management Information System (HMIS): A
secure, electronic database used to
collect, store, and report client-level information on the characteristics and service needs of individuals and families experiencing homelessness or at risk of homelessness. HMIS enables participating agencies to coordinate services, track outcomes, and produce unduplicated counts and data reports required by the U.S. Department of Housing and Urban Development (HUD).
A.9 Housing Navigation Services: Individualized supports designed to assist program participants in identifying, securing, and successfully transitioning into permanent housing. These services include conducting housing assessments and developing individualized housing plans, assisting with housing sear ch and placement, coordinating with landlords and property managers, supporting applications for housing subsidies or rental assistance, and providing advocacy and problem-solving to overcome housing-related barriers. All services must be delivered in a cl ient- centered, housing-focused manner consistent with Housing First practices.
A.10 Housing Stabilization Services: Financial and supportive services intended to help individuals and families obtain and maintain permanent housing. These services may include financial assistance such as security deposits, utility payments, rental application fees, and moving costs, Revised 10/17/2025 Page 4 of 41
as well as supportive services including housing stability case management, mediation, legal services, and credit repair. Participants may also receive ongoing support with budgeting, landlord-tenant communication, and connections to mainstream benefits. A ll services must be tailored to address each participant’s specific housing barriers and delivered in a manner that promotes long-term housing stability.
A.11 Purchasing Agent: The Director of the County Purchasing Department.
A.12 Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.
A.13 U.S. Department of Housing and Urban Development (HUD): The Federal agency responsible for national policy and programs that address America's housing needs, that improve and develop the Nation's communities, and enforce fair housing laws.
A.14 Warm Weather Shelter: Temporary emergency shelter facility to offer relief and protection to individuals experiencing homelessness during periods of extreme heat. The shelter operates annually from May 1 through September 26, providing a safe, climate-controlled environment to reduce the risk of heat-related illnesses and fatalities. Services may include daytime or overnight accommodations, hydration, cooling resources, and access to supportive services. The primary goal is to safeguard individuals experiencing homelessness duri ng periods of elevated temperatures.
B. CONTRACTOR RESPONSIBILITIES
B.1 General Requirements:
B.1.1 Contractor shall be in compliance with all applicable Federal, State, and local laws, required to perform this Contract. Contractor shall be required to repay the County in the event of non-compliance with any applicable law if the County is required to repay any amount of funds to the State as a result of Contractor’s non-compliance.
B.1.2 Contractor and its Subcontractors shall perform the work in accordance with Federal, State and local housing and building codes, as applicable.
B.1.3 Contractor’s obligation to the County shall not end until all closeout requirements are completed. Activities during closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent funds, and accounts receivable to the County), and determining the custodianship of records, if applicable.
B.2 Scope of Work
The project description for services to be provided by Contractor under this Contract are identified in EXHIBIT 3 – SCOPE OF SERVICES.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
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Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.
C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney ’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b ) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County ; and (c) are not otherwise disqualified from performing the Services under applicable l aw. If requested by the County and not in violation of applicable l aw, Contractor shall conduct a background check , at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12- month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C. 9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent Revised 10/17/2025 Page 6 of 41
necessary and appropriate.
County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contract without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Chief of Homeless Services or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract, unless otherwise delegated.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.
C. 14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractor s is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual ri ghts to work in a safe, healthy and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
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C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impai rment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County , if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic infor mation, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
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Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with super vision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or c ertifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) Revised 10/17/2025 Page 9 of 41
acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, inc luding all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and product, if applicable). All such items shall be delivered to County at the completion of work under the Contract. U nless otherwise directed by County, Contractor may retain copies of such items.
C.29 Reserved
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. F iscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or im plied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.
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C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provision s of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities , C. General Contract Requirements and G. Insurance and Indemnification.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
C. 37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County reserves the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.
Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
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C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governi ng bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal Revised 10/17/2025 Page 12 of 41
proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.
C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contrac t shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication. To the extent this Contract is federally funded, Contractor shall provide any information necessary to the County in order to comply with Federal Acquisition Regulation
52.227-15. To the extent applicable, the provisions of Federal Acquisition Regulation 52.227-14 Rights in Data - General shall apply.
C.45 Reserved
C.46 Reserved
C.47 Reserved
C.48 Reserved
C.49 Executive Order N-6-22 Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.
Termination shall be at the sole discretion of the County.
C.50 Reserved
C.51 Reserved
C.52 Reserved
Revised 10/17/2025 Page 13 of 41
C.53 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (FAR 52.203-18).
In compliance with Federal Acquisition Regulation 52.203-18, Contractor shall not require employees or subcontractors of Contractor seeking to report waste, fraud, or abuse, to sign internal confidentiality agreements or statement prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. To the extent Contractor has required employees or subcontractors to sign internal confidentiality agreements or statements in the past, Contractor shall notify current employees and subcontractors that those prohibitions and restrictions are no longer in effect.
Contractor shall include this clause in all subcontracts.
C.54 Use of Biobased Products (FAR 52.223-1)
Contractor certifies that to the extent biobased products are purchased using Contract funds, Contractor shall comply with Federal Acquisition Regulation 52.223-1.
C.55 Service Contract Labor Standards (FAR 52.222-52, 52.222-53, 22.1003-4) To the extent applicable, Contractor agrees to comply with and to provide any information necessary for the County to comply with Federal Acquisition Regulations 52.222-52, 52.222-53, and 22.1003-4.
C.56 Federal Contracting Provisions
This Agreement is federally funded and subject to the additional terms on Exhibit 9 Federal Contracting Provisions.
D. TERM OF CONTRACT
This Contract is effective as of January 2, 2026, and expires September 26, 2026, but may be terminated earlier in accordance with provisions of this Contract.
E. COUNTY RESPONSIBILITIES
E.1 OHS shall provide technical assistance to Contractor.
E.2 OHS shall participate in evaluating the progress of the overall program.
E.3 OHS shall monitor Contractor on a regular basis in regard to compliance with Contractual requirements.
F. FISCAL PROVISIONS
F.1 The maximum amount of disbursement under this Contract shall not exceed $193,300.88, budgeted in EXHIBIT 1 – AWARD BY CATEGORY and shall be subject to availability of ESG Fiscal Year 2024-2025 funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem. County is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or product. Unless otherwise specifically stated in EXHIBIT 1 – AWARD BY CATEGORY, County shall not be responsible for payment of any of Contractor’s expenses related to this Contract. One hundred percent (100%) of ESG funds allocated to Contractor, pursuant to this Contract, shall be expended by September 26, 2026 (“Expenditure Deadline”).
F.2 Contractor shall provide County itemized monthly invoices, and in a format acceptable to the County for Services performed under the Contract within twenty working (20) days of the end of Revised 10/17/2025 Page 14 of 41
the previous month. Expenditures will be reviewed and approved for compliance with terms of this contract. The County shall reimburse to Contractor the amount of approved invoices within thirty (30) working days after receipt of invoice or the resolution of any billing dispute.
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes, and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insurance coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
Revised 10/17/2025 Page 15 of 41
All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self - insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencem ent of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management, or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Revised 10/17/2025 Page 16 of 41
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
Revised 10/17/2025 Page 17 of 41
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
G.11.5 Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.
If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.
G.11.6 Reserved
G.11.7 Cyber Liability Insurance - Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.
G.11.8 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
Revised 10/17/2025 Page 18 of 41
I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deduc ted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County City of Victorville
Office of Homeless Services Keith C. Metzler – City Manager 560 E. Hospitality Ln. Ste. 200 14343 Civic Drive San Bernardino, CA 92415-0044 Victorville, CA 92393-5001
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
L. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
Revised 10/17/2025 Page 19 of 41
IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
SAN BERNARDINO COUNTY City of Victorville
(Print or type name of corporation, company, contractor, etc.) By
Pete Mendoza, Director of Purchasing (Authorized signature - sign in blue ink) Dated: Name Keith C. Metzler
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:
Address 14343 Civic Drive,
Victorville, CA 92393-5001
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Suzanne Bryant, Deputy County Counsel Marcus Dillard, Chief of Homeless Services Date Date Date
Revised 10/17/2025 Page 20 of 41
ATTACHMENTS
EXHIBIT 1 – AWARD BY CATEGORY
Award Allocation by Category & Budget Breakdown
Emergency Shelter – Cold Weather ($53,212.04)
Budget
Category Eligible Use Amount
Shelter
Operations
Utilities, food, supplies, security, case management (where no appropriate emergency shelter is available for a given household, eligible costs may also include a hotel or motel voucher for that household). $47,890.84
De minimis Overhead and Administrative costs $5,321.20
Total $53,212.04
Projected Individuals Served: ~20 unduplicated individuals
Units of Service: Bed nights, case management sessions, referrals
Emergency Shelter – Warm Weather ($53,212.04)
Budget
Category Eligible Use Amount
Shelter
Operations
Utilities, food, supplies, security, case management (where no appropriate emergency shelter is available for a given household, eligible costs may also include a hotel or motel voucher for that household). $47,890.84
De minimis Overhead and Administrative Costs $5,321.20
Total $53,212.04
Projected Individuals Served: ~20 unduplicated individuals
Units of Service: Bed nights, case management sessions, referrals
Revised 10/17/2025 Page 21 of 41
Rapid Re-Housing ($86,876.80)
Budget Category Eligible Use Amount
Rental Assistance Short/medium-term rental assistance $56,813.76 Financial Assistance Deposits, application fees, utilities $10,687.68 Housing Navigation & Case Management Housing search, stabilization $10,687.68 De minimis Overhead and Administrative costs $8,687.68
Total $86,876.80
Projected Households Served: ~5 households
Units of Service: Months of rental assistance, housing placements
Total Funding Summary
Program Category Allocation
Cold Weather Emergency Shelter $53,212.04
Warm Weather Emergency Shelter $53,212.04
Rapid Re-Housing $86,876.80
Total $193,300.88
Revised 10/17/2025 Page 22 of 41
EXHIBIT 2 – FISCAL PROVISIONS
A. Method, Time, and Conditions of Payment
a. CONTRACTOR shall be reimbursed by COUNTY, for an amount not to exceed $19 3,300.88.
Said funds shall be spent according to the Budget shown below.
Agency: City of Victorville
Budget
January 2, 2026 through September 26, 2026
Eligible Use Category Award/Allocation Service Unit
(Individuals) Average Cost
Services Coordination for Emergency
Shelter for Cold and Warm Weather
$106,424.08
40 Individuals
$2,660.60 per
individual
Rapid Re-Housing $86,876.80 5 households $17,375.36 per household
Total Award and Grand Total $193,300 45 Individuals
Note: The table above may be changed (without changing the Total amount) with prior written approval from OHS.
b. CONTRACTOR’s expenses will only be utilized for eligible costs. CONTRACTOR shall submit Expenditure Reports (see EXHIBIT 6 – EXPENDITURE REPORT) of eligible costs on a monthly basis no later than thirty (30) days after the end of each month in which the costs were incurred.
Each claiming period shall consist of a calendar month. c. With each Expense Report of eligible costs, CONTRACTOR shall submit:
1. All general and approved activity specific items identified in the Expenditure Report Checklist (see EXHIBIT 7 – EXPENDITURE REPORT CHECKLIST).
2. If the required supporting documentation is not provided, COUNTY may delay advancements until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibi lity of all costs to be paid with funds made available by this Contract.
3. The following items shall be submitted for Case Management and Service Coordination:
i. Cost allocation reports covering the month claimed for the ESG program.
4. The following must be submitted for employee wages and fringe benefits claimed:
i. Employee Time and Activity Logs for each employee that includes date work was performed, description of work, notes, eligible activity, hours worked for the day, total Revised 10/17/2025 Page 23 of 41
number of hours worked related to project worked and signed by employee and supervisor.
ii. Time sheet that details all hours worked, including holiday, vacation, sick and any other time charged to contract.
iii. Proof of direct deposit which includes employee’s full name, hourly rate, taxes, benefits, total amount that was deposited into the employee’s account. iv. Payroll Registers for the pay periods included in the claim. v. Proof of payment for all fringe benefits premiums claimed for reimbursement.
5. At least once per fiscal year provide:
i. Worker’s Compensation Insurance rates for each class of employee charged to the program.
ii. Fringe benefits premium rates with a breakdown of the employee and employer’s contributions. Contractor will not be compensated for the employee’s contribution to fringe benefits premiums (if applicable).
iii. Rate of employer’s contribution to employee retirement accounts (if applicable).
6. For all non-payroll related expenses submit copies of receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.
7. The following items shall be submitted for Rapid Rehousing and Rental Assistance:
i. Submit copies of leases, rental assistance agreements, receipts, invoices, or bill expenses with reimbursement for this category along with proof of payments, (i.e., copy of canceled check/EFT with bank statements or credit card) and proof that the credit card was paid, if a credit card was used.
8. Travel expenses must be kept in a mileage log and have maps associated with each of the trips.
The log should maintain a start and end vehicle mileage with the total number of miles traveled and for what purpose. All travel claimed must be associated with the ESG program.
d. All complete reports submitted in a timely manner shall be processed within thirty (30) calendar days.
e. All ESG funds shall be expended by the termination date of this Contract. f. Expenditure Deadlines:
Percentage of ESG Award
That Must be Expended Milestone Deadlines
100%
September 26, 2026
Revised 10/17/2025 Page 24 of 41
g. CONTRACTOR must expend:
1. One hundred percent (100%) of ESG funds by September 26, 2026.
2. “Expend” means all ESG funds obligated under this Contract or subcontracts have been fully paid and receipted, and no invoices remain outstanding.
Reports submitted by the CONTRACTOR will be used to ensure that CONTRACTOR is on track to expend one hundred percent (100%) of ESG funds by September 26, 2026 . CONTRACTOR may submit a request to OHS prior to March 31, 2026 , if CONTRACTOR is not on track to expend 100% of the ESG funds by September 26, 2026. The Chief of Homeless Services may approve, modify, or deny such request.
h. ESG funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that CONTRACTOR has placed orders, entered into sub-contracts, received services, or entered similar transactions that require payment from the Contract award. i. All proceeds from any interest-bearing account established by the CONTRACTOR for the deposit of ESG funds must be used for ESG eligible activities. Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS.
j. Any housing-related activities funded with ESG funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
k. CONTRACTOR confirms that rental assistance will be issued directly to a property owner, or an agent authorized to act on behalf of a property owner.
l. For all programs and services for which there are sources of funds in addition to COUNTY funds as provided under this Contract, CONTRACTOR shall provide proof of such funding. CONTRACTOR must be able to account for the receipt, obligation and expenditure of funds.
1. The COUNTY shall NOT pay for any services provided by CONTRACTOR which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. m. The COUNTY reserves the right to reduce the Contract award when the COUNTY ’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendment(s). n. CONTRACTOR shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CONTRACTOR’s designated checking or other bank account. CONTRACTOR shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.
o. COUNTY is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on CONTRACTOR or on any taxes levied on employee wages. The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the COUNTY pursuant to the Contract.
p. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by C OUNTY. CONTRACTOR shall not use current year funds to pay prior or future year obligations. Disbursements to Contractor are Net 30.
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q. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. CONTRACTOR shall not claim reimbursement or payment from COUNTY for, or apply sums received from COUNTY with respect to that portion of its obligations that have been paid by another source of revenue. CONTRACTOR agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the COUNTY.
r. CONTRACTOR shall adhere to the C OUNTY’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the C OUNTY.
In addition, CONTRACTOR is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
A.1 Documentation of Costs and Other Financial Reporting a. CONTRACTOR will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures.
Costs shall be supported by properly executed payrolls, time records, inv oices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges. b. The CONTRACTOR shall retain all documentation related to the services provided and all financial records associated with this Agreement for a period of five (5) years following the termination of this contract. Such records shall be made available for inspection upon reasonable request by the COUNTY during this retention period.
c. All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the COUNTY shall have the right to audit the records of the CONTRACTOR as they relate to the Contract and the activities and services described herein.
CONTRACTOR shall also:
1. Maintain an effective system of internal fiscal control and accountability for all ESG funds and property acquired or improved with ESG funds, and make sure the same are used solely for authorized purposes.
2. Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the CONTRACTOR’s accounting records.
3. Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract.
4. Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary.
5. Inform the COUNTY concerning any funds allocated to CONTRACTOR, that the CONTRACTOR anticipates will not be expended during the term of this Contract.
6. Repay the COUNTY any funds in its possession at the time of the termination of this Contract that may be due to the COUNTY (e.g., ineligible costs, unexpended funds, etc.).
A.2 Funding
a. This Contract is valid and enforceable only if sufficient funds are made available to COUNTY by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, Revised 10/17/2025 Page 26 of 41
department, or any political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b. CONTRACTOR must establish and maintain effective internal controls over all funding awarded to CONTRACTOR by the COUNTY to provide reasonable assurance that CONTRACTOR complies with Federal, State, and COUNTY statutes, regulations, and terms and conditions of the Contract. c. COUNTY may base funding for CONTRACTOR upon positive performance outcomes, which OHS will monitor throughout the year.
d. CONTRACTOR must be able to demonstrate that ESG funds were expended for eligible uses to benefit members of the Target Population.
e. Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s program budget (see EXHIBIT 1 – AWARD BY CATEGORY ). Contract funds shall not be used as security or to guarantee payments for any non-program obligations nor as loans for non-program activities.
f. CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities.
A.3 Ineligible Costs
a. ESG funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of ESG and the eligible uses identified in California Health and Safety Code Sections 50218 and 50219.
b. The COUNTY or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If CONTRACTOR or its Subc ontractors use ESG funds to pay for ineligible activities, Contractor shall be required to reimburse these funds to the COUNTY within thirty (30) days of the request.
1. An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by CONTRACTOR.
2. The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of ESG funds.
3. Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. ESG funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of CONTRACTOR and services or housing capacity will be lost as a result of these funds ending, ESG funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant].
A.4 Withheld Payments
Payments to CONTRACTOR may be withheld by COUNTY if CONTRACTOR fails to comply with any provision of this Contract.
A.5 Disallowance
a. If CONTRACTOR receives payment under this Contract which is later disallowed by COUNTY for nonconformance with this Contract, CONTRACTOR shall be required to promptly reimburse these Revised 10/17/2025 Page 27 of 41
funds to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent ESG funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to CONTRACTOR.
b. If it is determined that a CONTRACTOR falsified any certification, RFA information, financial, or contract report, CONTRACTOR shall be required to reimburse the full amount of ESG award to COUNTY, and may CONTRACTOR be prohibited from any further participation in ESG . COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).
A.6 Fiscal Accountability
a. CONTRACTOR agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting standards established in 2 CFR Part 200.
b. CONTRACTOR must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, CONTRACTOR must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.
A.7 Financial Management
a. Review, understanding, and certification that quarterly expenditure reports submitted to the COUNTY meet eligible expenses under ESG and State requirements. The COUNTY shall have no obligation to advance or pay CONTRACTOR with any funds other than ESG funds the COUNTY receives from the State.
b. CONTRACTOR attests that by submitting a monthly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for ESG funding. CONTRACTOR shall be required to repay COUNTY for non-eligible expenditures that may inadvertently be processed by the COUNTY. c. Subsequent disbursements after the first disbursement, are dependent upon CONTRACTOR properly documenting the expenses/expenditure reports to cover the previous disbursement.
A.8 Budget Changes
a. CONTRACTOR agrees that no changes shall be made to CONTRACTOR’s ESG budget without first obtaining prior approval. No more than the amounts specified in EXHIBIT 1 – AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by CONTRACTOR in writing through OHS. Changes must be approved by the COUNTY and/or the State.
A.9 Budget Amendments
a. CONTRACTOR shall make no changes to the budget without first obtaining written approval from the COUNTY. Any budget amendments must be requested by the CONTRACTOR in writing within 180 days of the contract expiration.
A.10 Equipment and Other Property
a. All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with ESG funds received under the terms of this Contract which has a life expectancy of one (1) year or more shall be the property of the COUNTY and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the COUNTY when the Contract is terminated. Additional terms are as follows:
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1. The purchase of any furniture or equipment which was not included in CONTRACTOR’s approved budget, shall require the prior written approval of the COUNTY, and shall fulfill the provisions of this Contract which are appropriate and directly related to CONTRACTOR’s services or activities under the terms of the Contract. The COUNTY may refuse approval for any cost resulting from such items purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from the COUNTY.
2. Before equipment purchases made by CONTRACTOR are approved by the COUNTY , CONTRACTOR must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.
3. CONTRACTOR shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased.
CONTRACTOR must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the pr operty, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft.
Equipment with cost exceeding COUNTY’s capitalization threshold of $5,000 must be depreciated.
4. No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with ESG funds.
5. Upon termination of this Contract, CONTRACTOR will provide a final inventory to the COUNTY and shall at that time query the COUNTY as to requirements, including the manner and method in returning equipment to the COUNTY . Final disposition of such equipment shall be in accordance with instructions from the COUNTY.
A.11 Final Advance
Unless approved by OHS in writing, all final requests for disbursement of authorized ESG expenditures under this Grant must be submitted to OHS no later than September 26, 2026.
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EXHIBIT 3 – SCOPE OF SERVICES
Program Periods
• Cold Weather Emergency Shelter: January 2, 2026 – March 31, 2026 • Warm Weather Emergency Shelter: May 1, 2026 – September 26, 2026 • Rapid Re-Housing: Concurrent with both shelter periods
Scope of Work
1. Emergency Shelter (Cold & Warm Weather)
Program Goals
• Provide immediate, low-barrier emergency shelter to individuals and families experiencing literal homelessness with an emphasis for those living in encampments. • Stabilize participants and rapidly connect them to pathways to housing, benefits, and supportive services.
• Reduce unsheltered homelessness during extreme weather periods.
Project Description
The City of Victorville will operate emergency shelter services through its Wellness Center model, providing safe, dignified shelter during cold and warm weather months. Where no appropriate emergency shelter beds are available for a given household, eligible costs may also include a hotel or motel voucher with case management for that household. Services will be coordinated through the local Coordinated Entry System and emphasize rapid exits to permanent housing solutions.
Core Services & Activities
• Shelter operations (facility costs, utilities, food, security, case management, supplies). Where no appropriate emergency shelter is available for a given household, eligible costs may also include a hotel or motel voucher for that household.
• Intake, eligibility determination, and HMIS enrollment. • Available benefits navigation and service referrals.
• Available transportation to services.
• Rapid exit planning and RRH referrals
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Case Management Components
• Individualized housing plans
• Coordination with RRH providers and landlords
• Ongoing reassessment of housing barriers
• Documentation and compliance with ESG standards
Anticipated Outcomes
• Increased shelter utilization during extreme weather
• Reduced length of stay through rapid exits
• Increased exits to permanent housing solutions and/or bridge to transitional/interim housing. • Link additional client to case management
2. Rapid Re-Housing (RRH)
Program Goals
• Rapidly move individuals from shelter into permanent housing. • Provide short- and/or medium-term rental assistance paired with housing stabilization services. • Promote long-term housing stability using a client-specific, trauma-informed approach.
Project Description
RRH services will be provided to households exiting COV ESG emergency shelter, interim housing, transitional housing, or COV unsheltered homelessness. Assistance will follow a progressive engagement model and be tailored to each household’s needs.
Core Services & Activities
• Housing navigation and landlord engagement
• Rental application fees, security deposits, and utility deposits • Short- and/or medium-term rental assistance
• Housing stability case management
• Moving assistance and basic furnishings (as needed)
Anticipated Outcomes
• Increased permanent housing placements
• Improved housing retention in 6 months
• Reduced returns to homelessness
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EXHIBIT 4 – HMIS DATA QUALITY REPORT SAMPLE
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EXHIBIT 5 – HMIS DATA QUALITY REPORT
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EXHIBIT 6 – EXPENDITURE REPORT
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EXHIBIT 7
ESG MONTHLY EXPENDITURE REPORT CHECKLIST
I. General ESG Eligible Cost
☐ 1. Staff Salaries and Benefits
• ☐Payroll Calculation Worksheet for ESG
o ☐Showing all calculations charged for ESG and supports the amount specified in the expenditure report. • ☐Paystub / Payroll Summary
• ☐Timesheet and Time Activity report indicating staff performed ESG eligible activity o ☐Timesheet / Time Activity report must include:
☐Employee Name
☐Job title/position and description
☐Time Period Covered
• ☐Start and end dates for the reporting period (e.g., weekly, bi-weekly, or monthly) ☐Daily Time Entries
• ☐Time worked each day (in hours)
• ☐Specific start and end times (optional but recommended for accuracy) ☐Task/Activity Details
• ☐Description of the work performed, or tasks completed • ☐Allocation of time to specific programs or activities o ☐If the employee’s time is split between multiple funding sources or programs, clearly indicate the percentage or hours allocated to each program.
☐Use a percentage breakdown or specific hours (e.g., 50% ESG) • ☐ Use a percentage breakdown for each category of ESG ☐Certification and Approval
• ☐Employee signature and date, certifying the accuracy of the time reported. • ☐Supervisor or manager signature and date, approving and verifying the report. • ☐Employee Benefits
o ☐Employer paid benefits such as Health Insurance (Medical, Dental, Vision), Social Security and Medicare Contributions, Retirement Plans and Pension Contributions, Workers’ Compensation Insurance, Paid Leave (Vacation, Sick, Holiday), Life and Disability Insurance, Fringe Benefits etc. ☐Proof of employer contributions (invoices, payroll deductions) ☐Bank Statement that the benefits are paid.
• ☐Proof of payment that the salary is paid
o ☐If paystub is printed using the providers payroll system, this is acceptable as proof of payment.
☐ 2. Insurance
• ☐ Invoice or premium billing statement or official receipt from the insurance provider showing the amount paid, date, and coverage period.
• ☐ Proof of payment that the insurance is paid.
☐ 3. Mileage log (approved and signed)
• ☐ Start and End Odometer
• ☐ Activity / Purpose
• ☐ Total Mileage
• ☐ Destination
• ☐ Map
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ESG MONTHLY EXPENDITURE REPORT CHECKLIST
☐ 4. Eligible Use (ESG Categories)
a. Rapid Rehousing (RRH)
☐ Complete and signed lease agreement between tenant and landlord including the copies of addendum house ins
☐ Rental Assistance agreement - a contract between a service provider (like a nonprofit or government agency) and a landlord. It outlines how rent payments will be made on behalf of a tenant who needs housing support. The agreement specifies the payment amount, duration, and responsibilities of both the landlord and the service provider to ensure the tenant can stay in the rental unit. ☐ Client eligibility documentation (Literally Homeless) ☐ Proof of Payment (Please see Section I item 6)
b. Prevention and Shelter Diversion
☐ Client eligibility documentation (risk of homelessness) ☐ Eviction Notice / Disconnection notice for utility bills ☐ Rental Assistance agreement - a contract between a service provider (like a nonprofit or government agency) and a landlord. It outlines how rent payments will be made on behalf of a tenant who needs housing support. The agreement specifies the payment amount, duration, and responsibilities of both the landlord and the service provider to ensure the tenant can stay in the rental unit. ☐ Proof of Payment (Please see Section I item 6)
c. Operating Subsidies
☐ Operating expenses are aligned with the scope of work in the contract. ☐ Monthly expense reports / General Ledger (utilities, maintenance costs, operating expense) ☐ Invoices / receipts
☐ Proof of Payment (Please see Section I item 6)
d. Street Outreach
☐ Log of street outreach activities (date, location, staff involved) ☐ Intake forms for engaged clients
☐ Expense receipts for supplies and transportation (e.g., fuel, public transport) ☐ Proof of Payment (Please see Section I item 6)
e. Service Coordination
☐ Client intake and assessment forms
☐ Documentation of services provided (case notes, service plans) ☐ Receipts for any client-related expenses (transport, supplies) ☐ TARs for coordinators and case managers
☐ Salary and benefits documentation for service coordination staff ☐ Proof of Payment (Please see Section I item 6)
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ESG MONTHLY EXPENDITURE REPORT CHECKLIST
f. Systems Support
☐ Proof of system implementation (software invoices, maintenance records) ☐ Invoices and proof of payment for administrative expenses ☐ TARs for staff managing the system or providing oversight g. Permanent Housing
☐ Complete and signed lease agreement between tenant and landlord including the copies of addendum house ins
☐ Rental Assistance agreement - a contract between a service provider (like a nonprofit or government agency) and a landlord. It outlines how rent payments will be made on behalf of a tenant who needs housing support. The agreement specifies the payment amount, duration, and responsibilities of both the landlord and the service provider to ensure the tenant can stay in the rental unit. ☐ Client eligibility documentation (Literally Homeless) ☐ Lease agreements for clients housed under permanent housing ☐ Assessment forms
☐ Payment records for rent, utilities, and other housing expenses ☐ Staff involved in Permanent Housing (please see section II item 1. ☐ Proof of Payment (Please see Section I item 6)
h. Interim Sheltering
☐ Client intake forms and eligibility documentation
☐ Shelter occupancy logs and proof of client stay
☐ Invoice and proof of payment (Please see Section I item 6) ☐ Staff involved in Interim Sheltering (please see section II item 1.
i. Emergency Shelters
☐ Client intake and assessment forms
☐ Occupancy records showing duration of client stay
☐ Invoice and proof of payment (Please see Section I item 6) ☐ Staff involved in Emergency Shelter (please see section II item 1).
j. Homelessness Youth Set Aside
☐ Client intake and assessment forms
☐ Occupancy records showing duration of client stay
☐ Invoice and proof of payment (Please see Section I item 6) ☐ Staff involved in Homelessness Youth Set Aside (please see section II item 1
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EXHIBIT 8
DISBURSEMENT REQUEST
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EXHIBIT 9
FEDERAL CONTRACTING PROVISIONS
Contractor shall to comply with the following additional terms:
A. Reserved
B. Reserved
C. Reserved
D. Clean Air Act and the Federal Water Pollution Control Act (42 USC §§ 7401-7671q, 33 USC §§ 1251- 1387.)
Clean Air Act
1. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the federal funding source, and the appropriate Environmental Protection Agency Regional Office.
3. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
Federal Water Pollution Control Act
1. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
2. Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the federal funding source, and the appropriate Environmental Protection Agency Regional Office.
3. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
E. Procurement of Recovered Materials (45 CFR § 75.331)
1. Contractor shall comply with the provisions of section 6002 of the Federal Solid Waste Disposal Act, as amended by the federal Resource conservation and Recovery Act, as the same may be amended, which include (but are not necessarily limited to): procuring only items designated in guidelines of the Environmental Protection Agency at 40 CFR Part 247 (as the same may be amended) that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishi ng an affirmative procurement program for procurement of recovered materials identified in the Environmental Protection Agency guidelines.
2. This provision does not apply if the items cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule;
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b. Meeting contract performance requirements; or
c. At a reasonable price.
3. Information about this requirement, along with the list of EPA - designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
4. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
F. Prohibited Telecommunications and Video Surveillance Equipment and Services (2 C.F.R. §200.216)
Contractor certifies that it will not use contract funds to:
(1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.
“Covered telecommunications equipment or services” means those equipment and services defined at 2 C.F.R. §200.16(b).
G. Domestic Preference for Procurements (2 C.F.R. § 200.322)
Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in party of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
H. Reserved
I. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended)
Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Contractor shall also disclose to the County any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. [certification continued on next page]
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ANTI- LOBBYING CERITIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
5. The Contractor, City of Victorville, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and S tatements, apply to this certification and disclosure, if any.
________________________________________
Signature of Contractor’s Authorized Official
Keith C. Metzler, City Manager
________________________________________
Name and Title of Contractor’s Authorized Official
_____________________
Date