Agenda — Adelanto City Council, September 25, 2024 (part 1 of 4)

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
September 25, 2024

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Open Session: 11:00 a.m.

NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
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• Participate via zoom please log in using any of the options below:
• Teleconference
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Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
September 25, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR

34.102.104.
2 REGULAR MEETING
September 25, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________

1. City Manager to announce if there is any addition/removal of items from the agenda.

C. APPROVAL OF AGENDA
D. CITY MANAGERS ANNOUNCEMENTS AND REPORT
E. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
F. PRESENTATIONS
Presentation by Mayor Reyes.

Presentation by Victor Valley Transit Authority regarding services changes in Adelanto.

Presentation by Ed Camargo regarding High Desert Devilettes.

A. CALL TO ORDER—REGULAR MEETING
B. DELETIONS/ADDITIONS TO AGENDA
3 REGULAR MEETING
September 25, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us G. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
H. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Consideration of Resolution No. 24-82 Rescinding all previously adopted Conflict of Interest Codes And Re-adopting a Conflict-of-Interest Code and Disclosure Categories.

RESOLUTION NO. 24-82

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ADELANTO, SAN

BERNARDINO COUNTY, CALIFORNIA, RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF INTEREST CODES AND RE-ADOPTING A CONFLICTOF-INTEREST CODE AND DISCLOSURE CATEGORIES

3. Approval of Resolution 24-83, adopting the Five-Year Measure I Capital Project Need Analysis For Fiscal Year 2025-2026 Through 2029-2030.

RESOLUTION NO 24-83

A RESOLUTION OF THE COUNCIL OF THE CITY OF ADELANTO, SAN

BERNARDINO COUNTY, STATE OF CALIFORNIA, ADOPTING THE MEASURE

I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030.
4 REGULAR MEETING
September 25, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

4. Receive and file the Community Safety third quarter report for 2024.

5. Approval of Contract Amendment No.1 between Maria Del Carmen Esquivel, Dba C&C Interpreting Services, and the City of Adelanto and Adelanto Public Utility Authority.

6. Adoption of Resolution No. 24-84 of the City Council of the City of Adelanto authorizing the City Manager to apply for Prohousing Designation Program.

RESOLUTION NO. 24-84

A RESOLUTION OF THE GOVERNING BODY OF

THE CITY COUNCIL OF THE CITY OF ADELANTO AUTHORIZING

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION

PROGRAM

7. Approval of the subrecipient agreement with Adelanto Community Resource Center, in an amount not to exceed $9,696.00 for the services provided.

8. Approval of the subrecipient agreement with Community Health Action Network, in an amount not to exceed $9,696.00 for the services provided.

9. Approval of the subrecipient agreement with High Desert Outreach Center, in an amount not to exceed $9,696.00 for the services provided.

10. Approval of the subrecipient agreement with Neighborhood Housing Services of the IE, in an amount not to exceed $9,696.00 for the services provided.

11. Approval of the subrecipient agreement with New Leaf Ministries, in an amount not to exceed $9,696.00 for the services provided.

12. Approval of the funding allocation and contract between San Bernardino County and the City of Adelanto for the purchase and installation of security cameras.

13. Approval of Warrant Demand Schedule 24/25-03-02:
a. City of Adelanto Check Warrant No. 150708 through 150740 in the total amount of $217,986.76.
b. City of Adelanto EFT No. 2459 through 2618 in the total amount of $2,629,098.30 M__________________S__________________ACTION_______________ 5 REGULAR MEETING
SEPTEMBER 25 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us I. ADELANTO PUBLIC UTILITY AUTHORITY CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

PUBLIC COMMENT: OPEN: CLOSED:

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this APUA agenda as authorized by Government Code Section 36934, unless otherwise directed by the APUA.

2. Approval of Water Department Report.

3. Approval of Sewer Department Report.

4. Approval of Amendment #1 with Webb and Associates to Update Water Models

5. Approval of the award ratification of the construction contract agreement with High Desert Underground Inc. in the amount of $144,733 to provide Pressure Reduction Valve (PRV) re-construction on the southwest corner Air Epxy and Adelanto Rd.

6. Approval of Contract Amendment No.1 between Maria Del Carmen Esquivel, Dba C&C Interpreting Services, and the City of Adelanto and Adelanto Public Utility Authority.

7. Approval of the funding allocation and contract between San Bernardino County and the City of Adelanto for the purchase and installation of security cameras.

M__________________S__________________ACTION__________________ J. PUBLIC HEARING

1. CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (“CEDA”) BONDS ASSISTING NEW DEVELOPMENT (“BAND”) PROGRAM. (JULIO)
RECOMMENDATION: It is recommended that the City Council hold a public hearing on participation in the California Enterprise Development Authority (“CEDA”) Bonds Assisting New Development (“BAND”) Program and thereafter adopt Resolution No. 24-85, authorizing the participation in the CEDA BAND Program to facilitate the formation of a Community Facilities District (“CFD”) and the issuance of tax-exempt CFD Bonds. 6 REGULAR MEETING
SEPTEMBER 25 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 24-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO

AUTHORIZING THE INCLUSION OF PROPERTIES WITHIN THE JURISDICTION

OF THE CITY OF ADELANTO TO PARTICIPATE IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY’S (CEDA) BONDS ASSISTING NEW

DEVELOPMENT (BAND) PROGRAM, AND AUTHORIZING CEDA TO CONDUCT

PROCEEDINGS TO FORM COMMUNITY FACILITIES DISTRICTS AND

ASSESSMENT DISTRICTS TO FINANCE CERTAIN PUBLIC INFRASTRUCTURE,

LEVY SPECIAL TAXES AND ASSESSMENTS THEREIN, ISSUE BONDS

THEREOF, ASSIST WITH THE FORMATION AND ADMINISTRATION OF TAX

INCREMENT FINANCING DISTRICTS, REFINANCING OF CERTAIN OTHER

LAND SECURED DEBT AND ANY RELATED ACTIONS
M__________________S__________________ACTION__________________

2. APPROVAL OF RESOLUTION NO. 24-86 MAKING A DECLARATION OF OFFICIAL INTENT TO REIMBURSE FACILITIES EXPENDITURES WITH BOND PROCEEDS. (JULIO) RECOMMENDATION: It is recommended that the City Council adopt Resolution No.24-86 making a Declaration of Official Intent to reimburse Facilities Expenditures with Bond Proceeds.

RESOLUTION NO. 24-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

CALIFORNIA, MAKING A DECLARATION OF OFFICIAL INTENT TO

REIMBURSE FACILITIES EXPENDITURES WITH BOND PROCEEDS AND

RELATED ACTIONS
M__________________S__________________ACTION__________________

2. ALL AGENCY BUDGETS FOR FISCAL YEAR 2024-25. (JULIO)
RECOMMENDATION: Staff recommends the City Council, acting as the City Council, Adelanto Community Benefit Corporation Board, and Adelanto Public Utility Authority Board, approve:

Resolution No. 24-87: Approving the Fiscal Year 2024-25 Annual Budget for the City of Adelanto and Adelanto Community Benefit Corporation.

Resolution No. 24-88: Approving the Appropriations Limit for the City of Adelanto.

Resolution No. APUA 24-06: Adopting the Fiscal Year 2024-25 Annual Budget for the Adelanto Public Utility Authority.
7 REGULAR MEETING
SEPTEMBER 25 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us RESOLUTION NO. 24-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, AND THE ADELANTO

COMMUNITY BENEFIT CORPORATION, APPROPRIATING FUNDS FOR

THE MUNICIPAL GENERAL AND SPECIAL FUNDS, OTHER FUNDS

BUDGET AND ADOPTING THE APPROPPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
RESOLUTION NO. 24-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 24-25
RESOLUTION NO. APUA 24-06

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ADELANTO

PUBLIC UTILITY AUTHORITY APPROPRIATING FUNDS FOR THE
PUBLIC UTILITY AUTHORITY FOR FISCAL YEAR 2024-25
M__________________S__________________ACTION__________________ K. NEW BUSINESS
PUBLIC COMMENT: OPEN: CLOSED:

1. DISCUSSION AND ACTION ITEM – Donation to Adelanto Warriors football (Jessie) RECOMMENDATION: Staff recommends that the City Council provide staff direction on the donation to Victorville/Adelanto Warriors.

M__________________S__________________ACTION__________________ L. ITEMS REMOVED FROM THE CONSENT CALENDAR
8 REGULAR MEETING
SEPTEMBER 25 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.

N. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

TIME OUT:

M__________________S__________________ACTION____________________

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON SEPTEMBER 21, 2024, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk/
Director of Governmental Services
P. DECLARATION OF POSTING
9 REGULAR MEETING
SEPTEMBER 25 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 10 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
SEPTEMBER 25, 2024
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

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Dated: September 21, 2024 Brenda Lopez, City Clerk, CMC 11 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y DATE: September 25, 2025
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, CMC, City Clerk
SUBJECT: CONSIDERATION OF RESOLUTION NO. 24-82 RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF INTEREST CODES AND READOPTING A CONFLICT OF INTEREST CODE AND DISCLOSURE

CATEGORIES
STAFF RECOMMENDS:

Staff recommends that the City Council adopt a resolution adopting a Conflict of Interest Code, incorporating designated positions and disclosure categories pursuant to the Political Reform Act of 1974.

BACKGROUND:

The Political Reform Act (Government Code Section 8100 et seq.) requires all public agencies to adopt a Conflict of Interest Code (“code”) every even-numbered year. A code designates positions required to file Statements of Economic Interests (Form 700), and assigns disclosure categories specifying the types of interests to be reported. Form 700 is a public document intended to alert public officials and the public as to the types of financial interests that may create conflicts of interest.

The Political Reform Act also requires local agencies to review its Conflict of Interest Code biennially each even-numbered year and make amendments as necessary. An amended code is not effective until approved by the City Council.

The FPPC recommends that agencies incorporate FPPC Regulation 18730, the model local conflict of interest code prepared by the Fair Political Practices Commission, as their Conflict of Interest Code, which this resolution accomplishes. A copy of Regulation 18730 (found at 2 Cal. Code of Regs. Section 18730) is provided as an attachment.

The designated positions and disclosure categories were reviewed and prepared by the City Clerk and City Attorney’s office and reviewed by the City Manager.

The criteria staff used to determine if a certain City staff position should be a designated position is whether the position is required to make, or participate in the making of, decisions that may foreseeably have a material effect on a financial interest.
12 September 25, 2024

Page 2 ends

Each local agency conflict of interest code must contain the following:

1. Terms of the Code
The code’s terms comprise the main body of a code and include such provisions as the manner to report financial interests, the disqualification procedures etc. The FPPC recommends that agencies incorporate FPPC Regulation 18730 by reference because the type of information required to be in the main body of the code is quite complex and Regulation 18730 contains all of these provisions.

2. Designated Positions
The code must specifically list positions that make or participate in making decisions. Typically, positions that involve voting on matters, negotiating contracts, or making recommendations on purchases without substantive review must be included in the codes.

Positions listed in Government Code section 87200 (i.e. members of the City Council, Planning Commission, City Manager, City Attorney, City Treasurer, Finance Director, etc.) are not required to be included as designated positions as this statute requires persons holding these positions to file Form 700.

3. Disclosure Categories
One of the code’s primary purposes is to require disclosure of those types of investments, interests in real property, sources of income, and business positions that could affect the decision making by persons holding a designated position.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Resolution No. 24-82

2. Appendix A-Designated Positions

3. Appendix B-Disclosure Categories

4. 2024 Local Agency Biennial Notice
13 RESOLUTION NO. 24-82

A RESOLUTION OF THE CITY COUNCIL, OF THE

CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,

RESCINDING ALL PREVIOUSLY ADOPTED CONFLICT OF

INTEREST CODES AND RE-ADOPTING A CONFLICT OF INTEREST

CODE AND DISCLOSURE CATEGORIES
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt conflict of interest codes; and WHEREAS, the City is a local agency for the purpose of the Political Reform Act and therefore is required to adopt a conflict of interest code; and
WHEREAS, the Political Reform Act requires review of the Conflict of Interest Code every two (2) years to determine whether it is accurate or whether it should be amended or updated; and WHEREAS, the City desires to update its current Conflict of Interest Code to revise the list of designated employees (Appendix A) and disclosure categories (Appendix B); and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (2 Cal.

Code of Regs. Section 18730), which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, the Adelanto City Council has reviewed the list of positions and disclosure categories contained in Appendix A and Appendix B, respectively; and WHEREAS, the following positions are not covered by the existing conflict interest code because they are required to file under Government Code Section 87200 and, therefore, are listed for informational purposes only: Mayor, City Council Members, City Manager, City Attorney, Planning Commissioners, and Finance Director. The City Clerk shall retain a copy of each and forward the original of each of these statements to the Fair Political Practices Commission.

NOW, THEREFORE, BE IT RESOLVED THAT:

Section 1. The terms of the model local conflict of interest code prepared by the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18730) and any amendments adopted by the FPPC is hereby adopted as the City of Adelanto’s Conflict of Interest Code; and
Section 2. The City Council, Planning Commission, City Manager, City Attorney, and Finance Director are not covered by the Conflict of Interest Code as they must file under Government Code 87200; and
Section 3. The designated positions and disclosure categories listed in Appendix A and Appendix B, respectively, to this Resolution are incorporated into the City of Adelanto’s Conflict of Interest Code; and
Section 4. Designated employees listed in Appendix A shall file Statement of Economic Interests (Form 700) with the City Clerk, to whom the City Council hereby designates the authority to carry out the duties of the Filing Officer. 14 RESOLUTION NO. 24-82
PAGE 2
Section 5. The City Clerk will retain the statements and make the statements available for public inspection and reproduction (Government Code Section 81008). All statements will be retained by the City.

Section 6. The effective date of this Code shall be the date this Code is approved and adopted by the City Council.

Section 7. All previously adopted resolutions approving a Conflict of Interest Code for the City are hereby rescinded.

PASSED, APPROVED, AND ADOPTED this 25th day of September, 2024, by the following vote of the Adelanto City Council.
________________________________
Gabriel Reyes, Mayor
ATTEST:

Brenda Lopez, City Clerk, CMC
15 RESOLUTION NO. 24-82
PAGE 3
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No.24-XX was duly and regularly adopted at a Regular Meeting of the City Council of the City of Adelanto on this 25th day of September, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 25th day of September, 2024.

Brenda Lopez, City Clerk, CMC
16 APPENDIX A

DESIGNATED POSITIONS DISCLOSURE CATEGORIES
City Engineer (contracted) 1
Building Official (contracted) 1
City Clerk 1
Director of Building & Safety (contracted) 1
Water Superintendent/Manager (contracted) 1
Water Operations Manager (contracted) 1
Finance Manager 1
Principal Accountant 1
Human Resources Analyst 1
Senior Accountant 1
Customer Service Supervisor 4
Director of Development Services (contracted) 1
Co-Planning Manager (contracted) 1
Deputy City Attorney (contracted) 1
Information System Administrator (contracted) 4
Community Safety Officer II 1
Consultants 1
Public Services Supervisor 4
*The agency, not FPPC, determines which consultants must file the Form 700. Is the consultant making or participating in decisions or simply preparing a research document? The Executive Director may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a 17 statement of the extent of disclosure requirements. The Executive Director’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

APPENDIX B

DISCLOSURE CATEGORIES
The “designated employee” disclosing investments and sources of income need only disclose investments in businesses and sources of income which do business in the City of Adelanto (City), plan to do business in the City or have done business in the City within the past two years. In addition to other activities, a business entity is doing business within the City if it owns real property within the City.

When a “designated employee” is disclosing interests in real property, the employee need only disclose the interest in real property which is located in whole or in part within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.

Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifts, and travel payments, from all sources.

Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency.

Category 3: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency.

Category 4: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that provide services, supplies, materials, machinery, or equipment of the type utilized by the department or division to which the filer is assigned duties.

Category 5: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that filed a claim against the agency during the previous two years, or have a claim pending.

Category 6: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources, that are of the type to request an entitlement to use agency property or facilities, including, but not limited to: a license, utility permit, or station vendor permit.
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20 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, Grant Administrator
SUBJECT: FIVE YEAR MEASURE I CAPITAL PROJECT NEED ANALYSIS FOR FISCAL YEAR 2025- 2026 THROUGH 2029-2030
STAFF RECOMMENDATION:

Approve Resolution 24-83, adopting the Five Year Measure I Capital Project Need Analysis For Fiscal Year 2025-2026 Through 2029-2030
BACKGROUND:

In November 1989, San Bernardino County voters approved passage of Measure "I", authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a half-cent retail transaction and use tax. The new tax was applicable in the incorporated and unincorporated areas of the County of San Bernardino for the 20-year period between April 1, 1990, and March 31, 2010. SBCTA was authorized to administer the programs described in the Measure. Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan, as set forth in Ordinance No. 04-1.

In November 2004, voters extended the half-cent sales tax for 30 years, from April 1, 2010 through March 31, 2040. The new Measure is referred to as Measure "I" 2010-2040 to distinguish it from the first Measure "I". The Measure "I" 2010-2040 Expenditure Plan includes the Valley Major Street Program.

This Program provides funding for regional arterial projects that have been identified in the SBCTA Nexus Study and are included in the City's Regional Traffic Circulation System Master Facilities Plan and Impact Fee Program. To participate in the Valley Major Street Program, each agency must annually adopt a 5- year Capital Project Needs Analysis (CPNA), which identifies project funding needs by fiscal year. The CPNA includes the anticipated funding sources, funding amounts and project phasing for eligible projects that were included in the SBCTA Nexus Study. This information is needed from each local agency to assist SBCTA staff in preparing an overall capital needs and cash flow analysis for the Valley Major Street Program.

The projects listed in the CPNA are those select projects that qualify for and intend to use funding from the Measure "I" 2010-2040 Valley Major Street Program, along with matching funds collected from new development through the City's Regional Circulation System Impact Fee. The Regional Circulation System Impact Fee was adopted in anticipation of this program and to satisfy the requirement that the new development pay its fair share toward regional improvements funded by the Measure "I" 2010-2040 Valley Major Street Program. Only projects that will use Valley Major Street Program funds are required to be included in the CPNA.
21 The following five projects are included in the CPNA:

1. El mirage Road between Route 395 and Richardson Road

2.Bartlett Avenue Phase I between Adelanto Road and Aster Road

3. Bartlett Avenue Phase II between Aster Road and Richardson Road

4. Bellflower Street Phase I between Chamberlaine Way and Air Express Way

5. Bellflower Street Phase II between Air Expressway to Cactus Road Staff recommends City Council adopt the attached resolution and Measure I Capital Improvement Plan for the fiscal years 2025/26 through 2029/30.

FISCAL IMPACT:

There will be no impact on the General Fund. These projects are funded through Development Impact Fee and will be 36.5% reimbursable by SBCTA.

ATTACHMENTS:

A. Resolution 24-83
B. CPNA 2025/26 through 2029/2030
C. Projects Location Map
22 A
RESOLUTION NO 24-83

A RESOLUTION OF THE COUNCIL OF THE CITY OF ADELANTO, SAN

BERNARDINO COUNTY, STATE OF CALIFORNIA, ADOPTING THE

MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a onehalf of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 and Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:
the the Five-Year Capital Project Needs Analysis (FY 2025/2026 through FY 2029/2030) for measure "I" 2010-2040 expenditure, attached to this resolution, is hereby adopted.

PASSED, APPROVED AND ADOPTED On this 25th day of September, 2024. ____________________
Gabriel Reyes, Mayor
ATTEST:
_____________________
Brenda Lopez, City Clerk
23 Resolution No. 24-83

Page 3 ends

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-83 was duly and regularly adopted at a meeting of the City Council of the City of Adelanto on this 25th day of September, 2024 be the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 25th day of September 2024.
______________________________
Brenda Lopez, City Clerk
24 Nexus Project Cost $ 3,980,000
Dev. Loan? No
5-Year Advance? No
Public Share: 36.5%
Dev. Share: 63.50%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $100,000.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ -
MI LOCAL ST $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ____SB1__ $ 100,000.00 $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $500,000.00
Fund Type: MSI MLHP $ 182,500.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ -
DEV FEE $ 317,500.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ____ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: __SB1____ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $5,000,000.00
Fund Type: MSI MLHP $ 1,825,000.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 3,175,000.00 $ - $ - $ - $ - $ - $ -
OTHER $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ -
Comments:
$5,600,000.00
Total Measure I Request:
$2,007,500.00
(Summation of Measure I)
Capital Project Needs Analysis
City of Adelanto
Victor Valley Major Local Highway Program
Bartlett Avenue Phase I project
will widen Bartlett Avenue to add
2 travel lanes to exisitng
increasing from 2 to 4 lanes from
Adelanto Road to Aster Road
Current Total Project Cost
Estimate:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

B-CPNA-2025-2030.xlsx - Bartlett Phase I
25 Nexus Project Cost $ 7,178,000
Dev. Loan? No
5-Year Advance? No
Public Share: 36.5%
Dev. Share: 63.50%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $200,000.00
Fund Type: MSI MLHP $ - $ 73,000.00 $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ 127,000.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $600,000.00
Fund Type: MSI MLHP $ - $ 219,000.00 $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ 381,000.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $7,454,700.00
Fund Type: MSI MLHP $ - $ - $ 365,000.00 $ 2,355,965.50 $ - $ - $ - DEV FEE $ - $ 635,000.00 $ 4,098,734.50 $ - $ - $ -
OTHER $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ -
$8,254,700.00
Capital Project Needs Analysis
City of Adelanto
Victor Valley Major Local Highway Program
Bartlett Avenue Phase II project
will widen Bartlett Avenue from
Aster Road to Richardson Road to
add 2 travel lanes to exisitng
increasing from 2 to 4 travel
lanes.

Current Total Project Cost
Estimate:

Total Measure I Request:
$3,012,965.50
(Summation of Measure I)
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

B-CPNA-2025-2030.xlsx - Bartlett Phase II
26 Nexus Project Cost $ 1,316,000
Dev. Loan? No
5-Year Advance? No
Public Share: 36.5%
Dev. Share: 63.50%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $200,000.00
Fund Type: MSI MLHP $ 73,000.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ 127,000.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other:Article 8 $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $600,000.00
Fund Type: MSI MLHP $ 219,000.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ 381,000.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: Article 8 $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: _Article 8 $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $7,454,700.00
Fund Type: MSI MLHP $ - $ 365,000.00 $ 2,355,965.50 $ - $ - $ - $ - DEV FEE $ - $ 635,000.00 $ 4,098,734.50 $ - $ - $ - $ - OTHER $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: $ - $ - $ - $ - $ -
$8,254,700.00
Capital Project Needs Analysis
City of Adelanto
Victor Valley Major Local Highway Program
Bellflower Street Phase I project
will widen Bellflower Street from
Chamberlaine Way to Air
Expressway to add 2 travel lanes
to exisitng increasing from 2 to 4
travel lanes.

Current Total Project Cost
Estimate:

B-CPNA-2025-2030.xlsx - Bellflower Phase I
27 Nexus Project Cost $ 5,048,000
Dev. Loan? No
5-Year Advance? No
Public Share: 36.5%
Dev. Share: 63.50%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $150,000.00
Fund Type: MSI MLHP $ - $ 54,750.00 $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ 95,250.00 $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ -
PS&E
Total Cost: $450,000.00
Fund Type: MSI MLHP $ - $ 164,250.00 $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ 285,750.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI MLHP $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $5,400,000.00
Fund Type: MSI MLHP $ - $ - $ 365,000.00 $ 1,606,000.00 $ - $ - $ - DEV FEE $ - $ - $ 635,000.00 $ 2,794,000.00 $ - $ - $ - OTHER $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ -
$6,000,000.00
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$2,190,000.00
(Summation of Measure I)
Capital Project Needs Analysis
City of Adelanto
Victor Valley Major Local Highway Program
Bellflower Street Phase II project
will widen Bellflower Street from
Cactus Road to Air Expressway to
add 2 travel lanes to exisitng
increasing from 2 to 4 travel
lanes.

Current Total Project Cost
Estimate:

B-CPNA-2025-2030.xlsx - Bellflower Phase II
28 Nexus Project Cost $ 16,896,000
Dev. Loan? No
5-Year Advance? No
Public Share: 36.5%
Dev. Share: 63.50%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $300,000.00
Fund Type: MSI MLHP $ 109,500.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
DEV FEE $ 190,500.00 $ - $ - $ - $ - $ -
Other:Article 8 $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $1,000,000.00
Fund Type: MSI MLHP $ 365,000.00 $ - $ - $ - $ - $ - $ - MI LOCAL ST $ - $ - $ - $ - $ - $ -
DEV FEE $ 635,000.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: Article 8 $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $3,310,400.00
Fund Type: MSI MLHP $ - $ 1,208,296.00 $ - $ - $ - $ - $ - DEV FEE $ - $ 2,102,104.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: _Article 8 $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $12,285,600.00
Fund Type: MSI MLHP $ 4,484,244.00 $ - $ - $ -
DEV FEE $ 7,801,356.00 $ - $ - $ -
OTHER $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: $ - $ - $ - $ - $ -
Capital Project Needs Analysis
City of Adelanto
Victor Valley Major Local Highway Program
El Mirage Road project will
reconstruct and widen El Mirage
Road from Route 395 to
Richardson Road to add 2 to 4
travel lanes
Current Total Project Cost
Estimate:
$16,896,000.00
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$6,167,040.00
(Summation of Measure I)
B-CPNA-2025-2030.xlsx - El Mirage
29 ATTACHMENT ‘C’

PROJECT LOCATION MAP
El Mirage Road between Route 395 and Richardson Road
30 Bartlett Avenue Phase I between Adelanto Road and Aster Road Bartlett Avenue Phase II between Aster Road and Richardson Road 31 Bellflower Street Phase I between Chamberlaine Way and Air Express Way

32 Bellflower Street Phase II between Air Expressway to Cactus Road

33 CITY COUNCIL AGENDA REPORT
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jerry Sanders Community Safety Officer
SUBJECT: RECEIVE AND FILE COMMUNITY SAFETY DEPARTMENT THIRD QUARTER REPORT – 2024
STAFF RECOMMENDATION:

Staff requests the City Council receive and file the Community Safety third quarter report for 2024.

Community Safety Calls Received 1199
Submitted on line 310
Citations Issued 67
CODE ENFORCMENT:

Property Inspection: 391
Apartment Inspections: 15
Notice of Violations Beautification: 207
Warrants served: 0
Parking Notices issued: 101
Vehicles Complied 74
Vehicles Towed 26
Administrative Citations issued: 67
ANIMAL CONTROL:

Animals Picked Up 240
Return to Owner 9
Owner surrender 9
Animal bite reports taken:

Dog License Sold/Renewed 76

FEES COLLECTED
Citation/Notice of Pendency Fees Collected $ $19,053.37 34 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk/Director of Governmental Services SUBJECT: APPROVAL OF CONTRACT AMENDMENT NO.1 BETWEEN MARIA DEL CARMEN

ESQUIVEL, DBA C&C INTERPRETING SERVICES, THE CITY OF ADELANTO AND

ADELANTO PUBLIC UTILITY AUTHORITY
STAFF RECOMMENDATION:

It is recommended that the City Council and Adelanto Public Utility Authority approve Amendment No. 1 to the Professional Services Agreement with C&C Interpreting Services to ensure continued access to vital translation and interpreting services.

BACKGROUND:

The City of Adelanto contracted with C&C Interpreting Services on August 1, 2022, for translation services during City Council meetings. The initial contract expired, and the City would like to extend it by 1 year. The contract needs to be Increased by $10,000 for a not to exceed amount of $40,000.

To continue fostering effective communication with our non-English speaking residents and to enhance community engagement, we propose the following amendments:
• Extension of Contract Term:

An extension of one additional year, allowing continued access to high-quality interpreting services.
• Compensation:

An increase to the contract in the amount of $10,000 for a not to exceed amount of $40,000.

These adjustments will enable us to maintain our commitment to inclusivity and effective service delivery, ensuring that all community members can participate fully in local governance.

FISCAL IMPACT:
• $10,000 contract amount not to exceed $40,000 to be split between the City and APUA ATTACHMENTS:
• Amendment No. 1 document
• Original Agreement
35 CITY OF ADELANTO AND ADELANTO PUBLIC UTILITY AUTHORITY AMENDMENT NO. # 1 TO

PROFESSIONAL SERVICES AGREEMENT AS-NEEDED FOREIGN LAUNGUAGE TRANSLATION AND INTERPRETING SERVICES (PARTIES: MARIA DEL

CARMEN ESQUIVEL, DBA C&C INTERPRETING SERVICES AND THE CITY OF

ADELANTO)
This is Amendment No. One (“Amendment No.1”) to that certain Professional Services Agreement As-Needed Foreign Language Translation and Interpreting Services (Parties: Maria Del Carmen Esquivel, Dba C&C Interpreting Services and the City Of Adelanto) (“Agreement”) made on August 1, 2022 between City of Adelanto, a California municipal corporation, (“City”), the Adelanto Public Utility Authority, (APUA) a joint powers authority and Maria Del Carmen Esquivel, dba C&C Interpreting Services (“Consultant), which this Amendment No. 1 is made and entered into on September 25, 2024 to extend the term.

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Subsection 1.1 Term is amended to read as follows:

Section 1.1, “Term of Services” is amended to read as follows:

1.1 Term of Services. The term of this Agreement shall begin on September 25, 2024 and shall end on September 25, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 5.1. The time provided to C&C Interpreting to complete the services required by this Agreement shall not affect the City's or Adelanto Public Utility Authority right to terminate the Agreement, as provided for in Section 5.1.

SECTION 1.4, “Compensation” is amended to read as follows, increasing the contract amount by: TEN THOUSAND DOLLARS AND ZERO CENTS ($10,000)
SECTION 1.4. COMPENSATION.

City and Adelanto Public Utility Authority hereby agrees to pay C&C Interpreting a sum not to exceed Forty Thousand Dollars and Zero Cents ($40,000) notwithstanding 36 AMENDMENT NO. [1]
any contrary indications that may be contained in C&C Interpreting proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City and APUA shall pay C&C Interpreting for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to C&C Interpreting for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, C&C Interpreting shall not bill City for duplicate services performed by more than one person.

Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide As-Needed Foreign Language Translation and Interpreting Services in an amount not to exceed $40,000.

3. All other terms and conditions of the Agreement remain in full force and effect.

4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
37 AMENDMENT NO. [1]

CITY OF ADELANTO
Jessie Flores, City Manager
Jessie Flores, Executive Director
Attest:

Brenda Lopez, City Clerk
Approved as to Form:

Todd Litfin, City Attorney

CONSULTANT
Maria Del Carmen Esquivel
Owner C&C Interpreting

«Consultant_Signature_2»

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
38 Simultaneous Interpreting for Meetings per request only. Email requests to [email protected]
Rates are $125 p/h with a minimum of 2 hours. Anything over 2 hours will be in increments of 15 minutes.

Any meetings over 1 hour require a 2nd interpreter.

If Equipment is not available –
Equipment is available for Rent
Transmitter $75.00
Devices are $5.00 each anything over 25 needs to be requested with notice Any meeting canceled 3 days prior is still due for payment.

Translation Services is as follows. .22 cents a word 2–5-day turnaround time. .30 cents a word 1–2-day turnaround time and ASAP .60 cents per word. (Business days) 39 2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: As-Needed Foreign Language Translation and Interpreting Services) (Parties: Maria Del Carmen Esquivel, dba C&C Interpreting Services and City of Adelanto)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 1st day of August 2022 (hereinafter, the "Effective Date") by and between the CITY OF ADELANTO, a municipal corporation (hereinafter, "CITY") and Maria Del Carmen Esquivel, dba C&C Interpreting Services (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional foreign language translation and interpreting services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, this Agreement was approved by the City Manager pursuant to his authority under Section 3.10.270(E) of the Adelanto Municipal Code.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

1.1 1.

ENGAGEMENT TERMS
TERM: This Agreement shall have a term commencing from the Effective Date through June 30, 2023 (hereinafter, the '`Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled "C&C Interpreting Services Proposal and Rates" dated August 1, 2022 (hereinafter, the "Scope of Work") which is attached and incorporated hereto as Exhibit "A".
1 40
B. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement, the provisions of this Agreement shall govern and control.

C. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed basis.

B. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the below designated City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

C. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(B), above.

D. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner 2 41
interfere with the work of CITY, its employees or other consultants, contractors, or agents.

E. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents.

F. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner.

G. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "C&C Interpreting Services Proposal and Rates" (hereinafter, the "COMPENSATION RATE") attached and incorporated hereto as Exhibit "A". The foregoing notwithstanding, CONSULTANT's total compensation, for the performance of all Work contemplated under this Agreement. will not exceed the total budgeted sum of Thirty Thousand Dollars ($30,000.00) (hereinafter. the "Not-to-Exceed Sum") during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT'S charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT'S performance pending CITY approval of any anticipated expenditures in excess of the Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested In Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable outof-pocket expenses incurred. If the amount of CONSULTANT'S compensation is a function of hours worked by CONSULTANT'S personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, 3 42
and activities.

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT'S cessation or abandonment.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Jessie Flores, City Manager (hereinafter, the "CITY Representative") to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Maria Del Carmen Esouivel, Owner, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or her designee will supervise and direct the performance of the Work, using her best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE: CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT'S profession.

B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services 4 43
within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative.

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the 5 44
Work skillfully, competently and to the highest standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES: INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
6 45

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT'S officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT'S compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage 7 46
(occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT'S profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:V1I. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed 8 47
officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT'S officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT'S commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

4.1 To the fullest extent permitted by law, the Parties agree to save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever whether actual, alleged or threatened, attorney's fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other.

Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the Party responsible for 9 48
liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined.

4.2 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.3 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT: BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this 10 49
Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT'S refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT'S failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT'S and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
11 50
CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
12 51
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT'S sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition. duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT 13 52
without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT:

Maria Del Carmen Esquivel
C&C Interpreting Services
15631 Kearny Drive
Adelanto, CA 92301
Attn: Maria Del Carmen Esquivel
Phone: (760) 269-6243
CITY:

City of Adelento
11600 Air Expressway
Adelento, CA 92301
Attn: Brenda Lopez, City Clerk
Phone: (760) 246-2300
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION: FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains 14 53
that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be 15 54
void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics. quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay, The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT'S sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
16 55
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF ADELANTO: C&C INTERPRETING SERVICES:

By: ..idillk A A A. I .•a`' By:

Name: le Flores Name: Maria Del Carmen Escuivel
Title: Owner
Date: Date: 08/29/2022

APPROVED AS TO FORM
A i(AVOI,‘t 'kde---
Deputy City Attorney
Title: City Manaoer
By: _
17 56
EXHIBIT "A"

CONSULTANT PROPOSAL
18 57

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
SUBJECT: RESOLUTION 24-84 OF THE CITY COUNCIL OF THE CITY OF

ADELANTO AUTHORIZING THE CITY MANAGER TO APPLY FOR

PROHOUSING DESIGNATION PROGRAM
STAFF RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to apply for the Prohousing Designation Program.

BACKGROUND:

Over the past two years, the City of Adelanto has been actively pursuing the Prohousing Designation Program under the California Department of Housing and Community Development (HCD). This program is designed to encourage jurisdictions across the state to adopt proactive housing policies that promote housing development.

By achieving this designation, jurisdictions are eligible to receive additional scoring points or preferences when applying for competitive state funding programs related to housing and infrastructure projects.

City staff believes that a sufficient score of 33 points can be achieved in this application. This is due to the recent work of thoroughly reviewing and updating its housing policies and planning documents, as well as proposing new policies to support future housing growth. The full application package was made available for public review, with the comment period ending on September 7, 2024.

ANALYSIS:

Securing the Prohousing Designation will provide the City with increased opportunities for equitable funding. Adelanto Projects will benefit from additional points and incentives in affordable housing financing applications.

ENVIRONMENTAL IMPACT:

There are no anticipated environmental impacts associated with the submission of this application. 58 FISCAL IMPACT:

There is no fiscal impact resulting from the submission of this application.

ATTACHMENTS:

1. Resolution 24-84

2. Prohousing Designation Program Application Package
59 Formal Resolution for the PROHOUSING Designation Program RESOLUTION NO. 24-84

A RESOLUTION OF THE GOVERNING BODY OF

THE CITY COUNCIL OF THE CITY OF ADELANTO AUTHORIZING APPLICATION

TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Adelanto (“Applicant”) desires to submit an Application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy 60 pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply do and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application, the terms and conditions specified in the Program Documents, the Program Regulations, and any and all other applicable law.

6. The Mayor is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, APPROVED AND ADOPTED On this 25th day of September, 2024. ____________________
Gabriel Reyes, Mayor
ATTEST:
_____________________
Brenda Lopez, City Clerk
61 The undersigned Brenda Lopez, City Clerk of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

AYES:

NOES:

ABSENT:

ABSTAIN:

DATE:
______________________________
Brenda Lopez, City Clerk
62 Prohousing Designation Program Application
State of California
Governor Gavin Newsom
Tomiquia Moss, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.gov/community-development/prohousing Email: [email protected]
January 2024
63 Prohousing Designation Program Application Package
Instructions
The applicant is applying for a Prohousing Designation under the Prohousing Designation Program (“Prohousing” or “Program”), which is administered by the Department of Housing and Community Development (“Department”) pursuant to Government Code section 65589.9.

The Program creates incentives for Jurisdictions that are compliant with State Housing Element Law and that have enacted Prohousing Policies. These incentives will take the form of additional points or other preference in the scoring of applications for competitive housing and infrastructure programs. The administrators of each such program will determine the value and form of the preference.

In order to be considered for a Prohousing Designation, the applicant must accurately complete all sections of this application, including any relevant appendices. The Department reserves the right to request additional clarifying information from the applicant.

This application is subject to Government Code section 65589.9 and to the regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) adopted by the Department in promulgation thereof (“Regulations”).

All capitalized terms in this application shall have the meanings set forth in the Regulations.

All applicants must submit a complete, signed application package to the Department, in electronic format, in order to be considered for a Prohousing Designation. Please direct electronic copies of the completed application package to the following email address:

[email protected].

A complete application will include all items identified in the Application Checklist.

In relation to Appendix 1, the Formal Resolution for the Prohousing Designation Program, please use strikethrough and underline if proposing any modifications to the text of the Resolution. Please be aware, any sustentative deviations from the Formal Resolution may result in an incomplete application and will likely be subject to additional internal review and potential delays.

Appendix 2, the Proposed Policy Completion Schedule, applies only if an application includes proposed policies.

Appendix 3, Project Proposal Scoring Sheet and Sample Project Proposal Scoring Sheet, includes a blank template to be completed by the applicant as part of the application, as well as a Sample Project Proposal Scoring Sheet with an example of how this template may be completed.

Appendix 4 lists examples of Prohousing Policies with enhancement factors to aid applicants in understanding how enhancement factors may be applied.

Appendix 5 is where the applicant will include any additional information and supporting documentation for the application.
64 If you have questions regarding this application or the Program, or if you require technical assistance in preparing this application, please email [email protected]. 65 Application Checklist
Yes No
Application Information ☒ ☐
Certification and Acknowledgement ☐ ☒
The Legislative Information form is completed. ☒ ☐
The Threshold Requirements Checklist is completed. ☐ ☒
A duly adopted and certified Formal Resolution for the Prohousing Designation Program is included in the application package. (See Appendix 1 for the Formal Resolution for the Prohousing Designation Program form.)
☐ ☒
If applicable, the Proposed Policy Completion Schedule is completed. (See Appendix 2.)
☒ ☐
The Project Proposal Scoring Sheet is completed. (See Appendix 3 for the Project Proposal Scoring Sheet and the Sample Project Proposal Scoring Sheet.)
☒ ☐
Additional information and supporting documentation (Applicant to provide as Appendix 5)
☒ ☐
Application Information
Applicant (Jurisdiction): City of Adelanto
Applicant Mailing Address: 11600 Air Expy
City: Adelanto
ZIP Code: 92301
Website: https://ci.adelanto.ca.us/
Authorized Representative Name Jessie Flores
Authorized Representative Title: City Manager
Phone: 760-246-2300 ext 11184
Email: [email protected]
Contact Person Name: Sarah Wang
Contact Person Title: Financial Analyst
Phone: 626-364-6843
Email: [email protected]
Proposed Total Score (Based on
Appendix 3):
33 66

CERTIFICATION AND ACKNOWLEDGMENT
As authorized by the Formal Resolution for the Prohousing Designation Program (Resolution No. ), which is attached hereto and incorporated by reference as if set forth in full, I hereby submit this full and complete application on behalf of the applicant.

I certify that all information and representations set forth in this application are true and correct.

I further certify that any proposed Prohousing Policy identified herein will be enacted within two (2) years of the date of this application submittal.

I acknowledge that this application constitutes a public record under the California Public Records Act (Gov. Code, § 6250 et seq.) and is therefore subject to public disclosure by the Department.

Signature: __________________________________________
Name and Title: _____________Jessie Flores, City Manager_________ Date: _______________________________________________
Legislative Information
District Number Legislators Name(s)
State
Assembly
District
39 Juan Carrillo
State
Senate
District
21 Scott Wilk
Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/, and their respective State Assembly representatives at https://www.assembly.ca.gov/
67 Threshold Requirements Checklist
The applicant meets the following threshold requirements in accordance with Section 6604 of the Regulations:

Yes No
The applicant is a Jurisdiction. ☒ ☐
The applicant has adopted a Compliant Housing Element. ☐ ☒ The applicant has submitted or will submit a legally sufficient Annual Progress Report prior to designation.
☒ ☐
The applicant has completed or agrees to complete, on or before the relevant statutory deadlines, any rezone program or zoning that is necessary to remain in compliance with Government Code sections 65583, subdivision (c)(1), and 65584.09, subdivision (a), and with California Coastal Commission certification where appropriate. ☒ ☐
The applicant is in compliance, at the time of the application, with applicable state housing law, including, but not limited to those included in Government Section 65585, subdivision (j); laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.); Least Cost Zoning Law (Gov. Code, § 65913.1); Permit Streamlining Act (Gov. Code, § 65920 et seq.); and provisions relating to timeliness of CEQA processing by local governments in Public Resources Code sections 21080.1, 21080.2, and 21151.5(a). ☒ ☐
The applicant further acknowledges and confirms that its treatment of homeless encampments on public property complies with and will continue to comply with the constitutional rights of persons experiencing homelessness and that it has submitted a one-page summary to the Department demonstrating how the applicant has enacted best practices in their jurisdiction related to the treatment of unhoused individuals camping on public property, consistent with United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments,” (June 17, 2022 update), hereby incorporated by reference. ☒ ☐
The applicant has duly adopted and certified, by the applicant’s governing body, a Formal Resolution for the Prohousing Designation Program, which is hereby incorporated by reference. (A true and correct copy of the resolution is included in this application package.) ☐ ☒
68 Project Proposal
Category 1: Favorable Zoning and Land Use
Category Prohousing Policy Description Points
1A Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA, whichever is greater, by total and income category. These additional sites must be identified in the Jurisdiction’s housing element adequate sites inventory, consistent with Government Code section 65583, subdivisions (a)(3) and (c)(1). 3 1B Permitting missing middle housing uses (e.g., duplexes, triplexes, and fourplexes) by right in existing low-density, single-family residential zones in a manner that exceeds the requirements of SB 9 (Chapter 162, Statutes of 2021, Gov. Code, §§ 65852.21, 66411.7). 3 1C Sufficient sites, including rezoning, to accommodate 125 to 149 percent of the current or draft RHNA, whichever is greater, by total and income category. These points shall not be awarded if the applicant earns three points pursuant to Category (1)(A) above. These additional sites must be identified in the Jurisdiction’s housing element adequate sites inventory, consistent with Government Code section 65583, subdivisions (a)(3) and (c)(1).
2 1D Density bonus programs that allow additional density for additional affordability beyond minimum statutory requirements (Gov. Code, § 65915 et seq.).
2 1E Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit Law, (Gov. Code, §§ 65852.2, 65852.22) (e.g., permitting more than one converted ADU; one detached, new construction ADU; and one JADU per single-family lot), and in a manner that exceeds the requirements of SB 9 (Chapter 192, Statutes of 2021, Gov. Code, §§ 65852.21, 66411.7). These policies shall be separate from any qualifying policies under Category (1)(B).
2 1F Eliminating minimum parking requirements for residential development as authorized by Government Code section 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Gov. Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Gov. Code section 65915, subdivision (p).
2 1G Zoning or incentives that are designed to increase affordable housing development in a range of types, including, but not limited to, large family units, Supportive Housing, housing for transition age foster youth, and deep affordability targeted for Extremely Low-Income Households in all parts of the Jurisdiction, with at least some of the zoning, other land use designation methods, or incentives being designed to increase affordable housing development in higher resource areas shown in the TCAC/HCD Opportunity Map, and with the Jurisdiction having confirmed that it considered and addressed potential environmental justice issues in adopting and implementing 2 69
this policy, especially in areas with existing industrial and polluting uses.
1H Zoning or other land use designation methods to allow for residential or mixed uses in one or more non-residential zones (e.g., commercial, light industrial). Qualifying non-residential zones do not include open space or substantially similar zones.
1 1I Modification of development standards and other applicable zoning provisions or land use designation methods to promote greater development intensity. Potential areas of focus include floor area ratio, height limits, minimum lot or unit sizes, setbacks, and allowable dwelling units per acre. These policies must be separate from any qualifying policies under Category (1)(B) above.
1 1J Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a Housing Sustainability District, as defined in Government Code section 66200.
1 1K Establishment of an inclusionary housing program requiring new developments to include housing affordable to and reserved for lowand very low-income households, consistent with the requirements of AB 1505 (Chapter 376, Statutes of 2017, Gov. Code, § 65850.01). 1 1L Other zoning and land use actions not described in Categories (A)-(K) of this section that measurably support the Acceleration of Housing Production.
1 70
Project Proposal
Category 2: Acceleration of Housing Production Timeframes Category Prohousing Policy Description Points
2A Establishment of ministerial approval processes for multiple housing types, including, for example, single-family, multifamily and mixed-use housing.
3 2B Acceleration of Housing Production through the establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents. 2 2C Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law, (e.g., Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14, §§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28).
2 2D Establishment of permitting processes that take less than four months to complete. Policies under this category must address all approvals necessary to issue building permits.
2 2E Absence or elimination of public hearings for projects consistent with zoning and the general plan.
2 2F Priority permit processing or reduced plan check times for homes affordable to Lower-Income Households.
1 2G Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan. 1 2H Absence, elimination, or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing.
1 2I Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy.
1 2J Priority permit processing or reduced plan check times for ADUs/JADUs or multifamily housing.
1 2K Establishment of a standardized application form for all entitlement applications.
1 2L Documented practice of publicly posting status updates on project permit approvals on the internet.
1 2M Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to category (2)(E) are not eligible for points under this category.
1 2N Other policies not described in Categories (2)(A)-(M) of this section that quantifiably decrease production timeframes or promote the streamlining of approval processes.
1 71
Project Proposal
Category 3: Reduction of Construction and Development Costs Category Prohousing Policy Description Points
3A Waiver or significant reduction of development impact fees for residential development with units affordable to Lower-Income Households. This provision does not include fees associated with the provision of housing affordable to Lower-Income Households (e.g., inclusionary in lieu fees, affordable housing impact fees, and commercial linkage fees).
3 3B Adoption of policies that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, development standards improvements, permit processing improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages.
2 3C Adoption of other fee reduction strategies separate from Category (3)(A), including fee deferrals and reduced fees for housing for persons with special needs. This provision does not include fees associated with the provision of housing affordable to Lower-Income Households (e.g., inclusionary in lieu fees, affordable impact fees and commercial linkage fees).
1 3D Accelerating innovative housing production through innovative housing types (e.g., manufactured homes, recreational vehicles, park models, community ownership, and other forms of social housing) that reduce development costs.
1 3E Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit-related improvements; or establishment of carshare programs. 1 3F Adoption of universal design ordinances pursuant to Health and Safety Code section 17959.
1 3G Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in lowdensity, single-family residential areas. 1 3H Adoption of ordinances that reduce barriers, beyond existing law, for the development of housing affordable to Lower-Income Households. 1 3I Other policies not described in Categories (3)(A)-(H) of this section that quantifiably reduce construction or development costs. 1 72
Project Proposal
Category 4: Providing Financial Subsidies
Category Prohousing Policy Description Points
4A Establishment of a housing fund or contribution of funds towards affordable housing through proceeds from approved ballot measures.
2 4B Establishment of local housing trust funds or collaboration on a regional housing trust fund, which include the Jurisdiction’s own funding contributions. The Jurisdiction must contribute to the local or regional housing trust fund regularly and significantly. For the purposes of this Category, “regularly” shall be defined as at least annually, and “significant” contributions shall be determined based on the impact the contributions have in accelerating the production of affordable housing.
2 4C Demonstration of regular use or planned regular use of funding (e.g., federal, state, or local) for preserving assisted units at-risk of conversion to market rate uses and conversion of market rate uses to units with affordability restrictions (e.g., acquisition/rehabilitation).

For the purposes of this category, “regular use” can be demonstrated through the number of units preserved annually by utilizing this funding source.
2 4D Provide grants or low-interest loans for ADU/JADU construction affordable to Lower- and Moderate-Income Households.
2 4E A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to Lower Income Households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.
2 4F Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to Lower-Income Households. 2 4G Prioritization of local general funds to accelerate the production of housing affordable to Lower-Income Households.
2 4H Directed residual redevelopment funds to accelerate the production of affordable housing.
1 4I Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source sufficient to facilitate and support the development of housing affordable to Lower-Income Households.
1 73
4J Prioritization of local general funds for affordable housing. This point shall not be awarded if the applicant earns two points pursuant to Category (4)(G).
1 4K Providing operating subsidies for permanent Supportive Housing. 1 4L Providing subsidies for housing affordable to Extremely Low-Income Households.
1 4M Other policies not described in Categories (4)(A)-(L) of this section that quantifiably promote, develop, or leverage financial resources for housing affordable to Lower-Income Households.
1 74
Project Proposal
Enhancement Factors
The Department shall utilize enhancement factors to increase the point scores of Prohousing Policies. An individual Prohousing Policy may not use more than one enhancement factor.

Each Prohousing Policy will receive extra points for enhancement factors in accordance with the chart below.

Category Prohousing Policy Description Points
1 The policy represents one element of a unified, multi-faceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, housing affordable to Lower-Income Households, climate change solutions, and/or hazard mitigation.
2 2 Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1. 1 3 Policies that diversify planning and target community and economic development investments (housing and non-housing) toward placebased strategies for community revitalization and equitable quality of life in lower opportunity areas. Such areas include, but are not limited to, Low Resource and High Segregation & Poverty areas designated in the most recently updated TCAC/HCD Opportunity Maps, and disadvantaged communities pursuant to Health and Safety Code sections 39711 and 39715 (California Senate Bill 535 (2012).
1 4 Policies that go beyond state law requirements in reducing displacement of Lower-Income Households and conserving existing housing stock that is affordable to Lower-Income Households. 1 5 Rezoning and other policies that support intensification of residential development in Location Efficient Communities.
1 6 Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from Environmentally Sensitive or Hazardous Areas.
1 7 Zoning policies, including inclusionary housing policies, that increase housing choices and affordability, particularly for Lower-Income Households, in High Resource and Highest Resource areas, as designated in the most recently updated TCAC/HCD Opportunity Maps.
1 8 Other policies that involve meaningful actions towards Affirmatively Furthering Fair Housing outside of those required pursuant to Government Code sections 65583, subdivision (c)(10), and 8899.50, including, but not limited to, outreach campaigns, updated zoning codes, and expanded access to financing support.
1 75
Project Proposal Scoring Sheet Instructions
The Department shall validate applicants’ scores based on the extent to which each identified Prohousing Policy contributes to the Acceleration of Housing Production. The Department shall assess applicants’ Prohousing Policies in accordance with statutory requirements and the Regulations.

The Department shall further assess applicants’ Prohousing Policies using the following four scoring categories: Favorable Zoning and Land Use, Acceleration of Housing Production Timeframes, Reduction of Construction and Development Costs, and Providing Financial Subsidies. Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of the four categories. A Prohousing Designation requires a total score of 30 points or more across all four categories.

Instructions
Please utilize one row of the Scoring Sheet for each Prohousing Policy. • Category Number: Select the relevant category number from the relevant Project Proposal list in this application. Where appropriate, applicants may utilize a category number more than once. • Concise Written Description of Prohousing Policy: Set forth a brief description of the enacted or proposed Prohousing Policy.
• Enacted or Proposed: Identify the Prohousing Policy as enacted or proposed. For proposed Prohousing Policies, please complete Appendix 2: Proposed Policy Completion Schedule. • Documentation Type: For enacted Prohousing Policies, identify the relevant documentary evidence (e.g., resolution, zoning code provisions). For proposed Prohousing Policies, identify the documentation which shows that implementation of the policy is pending.
• Web Links/Electronic Copies: Insert the Web link(s) to the relevant documentation or indicate that electronic copies of the documentation have been attached to this application as Appendix 5. • Points: Enter the appropriate number of points using the relevant Project Proposal list in this application. • Enhancement Category Number (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the appropriate category number using the relevant Project Proposal list in this application. • Enhancement Points (optional): If utilizing an enhancement factor for a particular Prohousing Policy, enter the point(s) for that Prohousing Policy.
76 • Total Points: Add the enhancement point(s) to the Prohousing Policy’s general point score. 77 Formal Resolution for the Prohousing Designation Program (New 01/24)
Appendix 1: Formal Resolution for the Prohousing Designation Program Formal Resolution for the PROHOUSING Designation Program RESOLUTION NO. 24-XX

A RESOLUTION OF THE GOVERNING BODY OF

THE CITY COUNCIL OF THE CITY OF ADELANTO AUTHORIZING APPLICATION TO

AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Adelanto (“Applicant”) desires to submit an Application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply do and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction 78 that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).

6. The Mayor is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED AND ADOPTED this day of , 2024, by the following vote:

AYES: [Insert #] NOES: [Insert #] ABSENT: [Insert #] ABSTAIN: [Insert #] The undersigned, [INSERT NAME AND TITLE OF SIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: DATE:

NAME: TITLE:
79 Appendix 2: Proposed Policy Completion Schedule
Category
Number
Concise Written Description of
Proposed Policy
Key Milestones and
Milestone Dates
Anticipated
Completion
Date
Notes
1E Permitting more than one ADU per lot: R1-.5,
R1, R-S5, R3-8, R-M12, and R3-30 zones, two
primary dwellings on a lot, plus one ADU per
primary dwelling unit, plus one JADU (total of 5
units per lot by right). The estimated net gain in
housing units resulting from the proposed
changes is 10 units per year.

Present these code revisions
to the City Council no later
than September 1st, 2026.

January 1st,
2027
1F The City adopts maximum parking
requirements at ratios pursuant to Government
Code section 65915, subdivision (p).

City will update the municipal code to include
the parking ratio requirements within two years
of designation, ideally by January 1st, 2027.

January 1st,
2027
The maximum parking requirements are
stated in the housing element and City will
update the municipal code to include the
requirements.
1G To provide adequate sites to accommodate the
City’s RHNA in the lower income categories of
960 units, the City will do the following:

Zoned to allow owner-occupied and rental
multifamily residential use by right for
developments that include at least 20% of units
affordable to lower income households.

The new zoning requires all development of
these sites to result in a residential density of
at least 20 units per acre on these sites.

Ongoing, as
projects are
submitted to
City of
Adelanto
Planning
Division.

Program 20 in Housing Element.
2N Review annually, the City’s development
standards, permit process and times, and
required on and off -site improvements to
identify constraints that should be removed or
offset. As parking standards are a common
constraint to the development of affordable
housing, as part of the annual evaluation, Staff
will specifically review, closely monitor and
discuss with developers the City’s parking
requirements for multi - family development. In
Ongoing-on
an annual
basis.

Program 12 in Housing Element.
80 addition, City staff will oversee the amendment
to the City’s side yard setback requirements for
the RS -5 zone district to 5 feet. Finally, the
Zoning Ordinance will be reviewed so that zero
lot line and clustered housing may be
permitted.
3A City will use CDBG funds and available
federal, state, and local housing development
programs for infrastructure improvements and
other incentives to support the development of
housing for these populations. Other incentives
can include fee waivers or deferrals provided
funding is available. Timeline: ongoing, search
funding sources at least annually, apply for
grants at least every other year starting 2024.

City will reduce 50% of all development impact
fees for Lower & Moderate-Income Household
Housing developments & Special Needs
Populations.

Present the new fee
schedule to the City Council
no later than September 1st,
2025.

January 1st,
2027.

The first paragraph comes from Program
26 in Housing Element.
3B City will create an updated handout that will
inform the community of the City’s
requirements, procedures, and relevant
funding sources to develop ADUs to be
available at City Hall.

City will establish flexibility in ADU zoning
requirements or development standards.

December
2024.

Program 22 in Housing Element
3D Revise the Zoning Code to allow
manufactured homes by right in the RM-12
(12 units/ ac) and OS (one unit/50 ac) zones
where conventional single-family residences
are allowed.

Current land stock for RM-12:1163.84 acres
Current land stock for OS:3755.14 acres.

Within 6
months of the
adoption of
the Housing
Element.

Program 13 in Housing Element
4A City will establish a San Bernardino Regional
Housing Trust.

Within two
years of
designation,
81 ideally by
January 1st,
2025.
4D The City has signed an MOU with
Neighborhood Housing Services of the Inland
Empire that allows Adelanto low income
residents access to home down payment
assistance and technical assistance and
education in home purchase, financing, and
rent-to-own programs.

The CEO wrote a letter of support that NHSIE
can lend an ADU loan for LMI homeowners in
Adelanto.

Ongoing as
project
comes.
4I The Inland Equity Community Land Trust
earned the Carmen Ramirez Award for Equity
for its Plan Adelanto, which provides reduced-
price homes for low-income families. Plan
Adelanto sits on a 20-acre lot near Adelanto
High School, with four homes included in
Phase 1.

January 1st,
2027
82 Appendix 3: Project Proposal Scoring Sheet
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
1A From 5th and 6th
Cycle, total unmet need
is 6,338 units. Five
Subareas will
potentially allow for
10,235 units.

E Housing element 4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com) P
39,
257,258,260
3 3
1E Permitting more than
one ADU per lot: R1-.5,
R1, R-S5, R3-8, RM12, and R3-30 zones,
two primary dwellings
on a lot, plus one ADU
per primary dwelling
unit, plus one JADU
(total of 5 units per lot
by right). The estimated
net gain in housing
units resulting from the
proposed changes is 10
units per year.

The changes will be
implemented within two
years of designation,
ideally by January 1st,
2027.

P Commitment letter
from City Manager.

Electronic
copy attached
2 2
1F The City adopts
maximum parking
requirements at ratios
pursuant to
Government Code
P Housing element 4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com)
P160
2 2
83 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
section 65915,
subdivision (p).

City will update the
municipal code to
include the parking ratio
requirements within two
years of designation,
ideally by January 1st,
2027.
1G To provide adequate
sites to accommodate
the City’s RHNA in the
lower income
categories of 960 units,
the City will do the
following:

Zoned to allow owneroccupied and rental
multifamily residential
use by right for
developments that
include at least 20% of
units affordable to lower
income households.

The new zoning
requires all
development of these
sites to result in a
residential density of at
P Housing element,
Program 20
4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com)
P218-220
2 2
84 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
least 20 units per acre
on these sites.

Time Frame: Ongoing,
as projects are
submitted to City of
Adelanto Planning
Division.
1H Residential uses are
permitted within Mixed
Use and Commercial
zones.

E Zoning code Electronic
copy attached
1 1
1I The City approved
general plan
amendment and zoning
change from RS1 (4
units/ac) to RS5 (5
units/ac) for 29 acres
sites, which allows for
29 more units.

E Planning
Commission Staff
Report
Electronic
copy attached
1 1
1L The City offers
expedited review for the
subdivision of larger
sites into buildable lots
where the development
application can be
found consistent with
the General Plan.

E Housing element,
Program 21
4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com)
P220
1 1
2A City has established
ministerial approval
processes for a variety
of housing types,
E Municipal code Electronic
copy attached
3 3
85 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
including commercial,
office, industrial, and
residential housing.
2D A typical review
process for a singlefamily home is a
streamlined process
that can vary between
40 and 120 days but is
typically complete
within 60 to 90 days for
entitlements and
permits.

E Housing element 4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com)
, P165-166
2 2
2G For major entitlement
applications such as
tentative tract and
parcel maps, planned
unit developments,
specific plans,
conditional use permits,
and zone changes or
General Plan
amendments, the
planning department
will conduct an initial
review. This will be
followed by a 10-day
public hearing period
before the project can
be appealed to the
Planning Commission.

After approval by the
Planning Commission,
the project advances to
E Housing element 4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com)
, P166
1 1
86 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
the City Council for final
approval. The entire
development review
process typically spans
4 to 5 months, including
time for Planning
Commission and City
Council public hearings.
2K There is a single
application form in the
city’s website for all
entitlement application.

E City website Electronic
copy attached
11 2N Review annually, the
City’s development
standards, permit
process and times, and
required on and off -site
improvements to
identify constraints that
should be removed or
offset. As parking
standards are a
common constraint to
the development of
affordable housing, as
part of the annual
evaluation, Staff will
specifically review,
closely monitor and
discuss with developers
the City’s parking
requirements for multi -
family development. In
addition, City staff will
P Housing element,
Program 12
4thDraft
Adelanto HEU 5-14-2024.pdf
(revize.com),
P211-212
11 87
Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
oversee the
amendment to the
City’s side yard setback
requirements for the RS
-5 zone district to 5
feet. Finally, the Zoning
Ordinance will be
reviewed so that zero
lot line and clustered
housing may be
permitted.

Timeframe: Ongoing-on
an annual basis.
3A City will use CDBG
funds and available
federal, state, and local
housing development
programs for
infrastructure
improvements and
other incentives to
support the
development of housing
for these populations.

Other incentives can
include fee waivers or
deferrals provided
funding is available.

Timeline: ongoing,
search funding sources
at least annually, apply
for grants at least every
other year starting
2024.

P Housing element,
Program 26,
Commitment letter
from city manager.
4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com),
P223,
Electronic
copy attached
3 3
88 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
City will reduce 50% of
all development impact
fees for Lower &
Moderate-Income
Household Housing
developments &
Special Needs
Populations.

This will be
implemented within two
years of designation,
ideally by January 1st,
2027.
3B City will create an
updated handout that
will inform the
community of the City’s
requirements,
procedures, and
relevant funding
sources to develop
ADUs to be available at
City Hall.

City will establish
flexibility in ADU zoning
requirements or
development
standards.

Time Frame: Revise
Municipal Code,
P Housing element,
Program 22
4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com),
P220-221
2 2
89 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
establish flexibility in
development
standards, and
update/post handout by
December 2024.
3D Revise the Zoning
Code to allow
manufactured homes
by right in the RM-12
(12 units/ ac) and OS
(one unit/50 ac) zones
where conventional
single-family
residences are
allowed.

Current land stock for
RM-12:1163.84 acres
Current land stock for
OS:3755.14 acres.

Time Frame: Within 6
months of the adoption
of the Housing
Element.

P Housing element,
Program 13
4thDraft
Adelanto HEU
5-14-2024.pdf
(revize.com)
, P213-214
1 1
4A City will establish a San
Bernardino Regional
Housing Trust within
two years of
designation, ideally by
January 1st, 2027.

P Signed document Electronic
copy attached
2 2
4D The City has signed an
MOU with
Neighborhood Housing
Services of the Inland
P Signed MOU,
Letter of Support
Electronic
copy attached
2 2
90 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
Empire that allows
Adelanto low income
residents access to
home down payment
assistance and
technical assistance
and education in home
purchase, financing,
and rent-to-own
programs.

The CEO wrote a letter
of support that NHSIE
can lend an ADU loan
for LMI homeowners in
Adelanto.
4E Assess City-owned
properties for their
potential
redevelopment or
development for
residential uses,
including housing for
extremely low-, verylow, and low-income
households and those
with special needs such
as seniors and persons
with disabilities.

Implement the Surplus
Lands Act to annually
review City-owned
parcels and provide
affordable housing
developers the first
E Signed resolution Electronic
copy attached
2 2
91 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentation
Type (e.g.,
resolution, zoning
code)
Insert Web
Links to
Documents or
Indicate that
Electronic
Copies are
Attached as
Appendix 5
Points Enhancement
Category
Number
Enhancement
Points
Total Points
right of refusal for
designated surplus
lands.
4I The Inland Equity
Community Land Trust
earned the Carmen
Ramirez Award for
Equity for its Plan
Adelanto, which
provides reduced-price
homes for low-income
families. Plan Adelanto
sits on a 20-acre lot
near Adelanto High
School, with four
homes included in
Phase 1.

P News Release,
Website
Electronic
copy attached,
Plan Adelanto
| Inland Equity
Community
Land Trust
(inlandequitycl
t.org)
1 1
TOTAL 33 33
92 Appendix 4: Examples of Prohousing Policies with Enhancement Factors If a Prohousing Policy incorporates any of the enhancement factors specified in the Project Proposal Enhancement Factors chart, it will receive extra points as indicated therein.

Examples of such qualifying Prohousing Policies include the following:

Category 1: Favorable Zoning and Land Use
• Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in Location Efficient Communities.
• Rezoning sufficient sites to accommodate 150 percent or greater of the Regional Housing Needs Allocation by total or income category, including sites in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Rezoning to accommodate 125 to 149 percent of the Regional Housing Needs Allocation in downtown commercial corridors or other infill locations. • Expanding density bonus programs to exceed statutory requirements by 10 percent or more in Location Efficient Communities.
• Reducing or eliminating parking requirements for residential development as authorized by Government Code section 65852.2 in Location Efficient Communities. • Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit Law in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Modification of development standards and other applicable zoning provisions to promote greater development intensity in downtown commercial corridors or other infill locations.
• Coupling rezoning actions with policies that go beyond state law requirements in reducing displacement of lower-income households and conserving existing housing stock that is affordable to lower-income households.

Category 2: Acceleration of Housing Production Timeframes • Ministerial approval processes for multifamily housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Streamlined, program-level CEQA analysis and certification of specific plans in Location Efficient Communities.
• Documented practice of streamlining housing development at the project level in downtown commercial corridors and other infill locations. • Expedited permit processing for housing affordable to lower-income households in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

Category 3: Reduction of Construction and Development Costs • Fee waivers for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). 93 • Fee waivers or reductions for higher density housing in downtown commercial corridors or other infill locations.
• Measures that reduce costs and leverage financial resources for transportation-related infrastructure or programs in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Adoption of universal design ordinances to increase housing choices and affordability for persons with disabilities in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Permitting innovative housing types, such as manufactured homes, recreational vehicles or park models, in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).

Category 4: Providing Financial Subsidies
• Targeting local housing trust funds to acquisition or rehabilitation of existing affordable units, or to affordable units at risk of converting to market rate uses, in Low Resource and High Segregation & Poverty areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Marketing grants and other financial products for ADUs/JADUs in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Utilizing publicly owned land for affordable housing in High Resource and Highest Resource areas (as designated in the most recently updated TCAC/HCD Opportunity Maps).
• Establishment of an Enhanced Infrastructure Financing District or similar local financing tool in a Low Resource or High Segregation & Poverty area (as designated in the most recently updated TCAC/HCD Opportunity Maps). • Directing residual redevelopment funds or general funds to conservation or preservation of affordable housing in areas at high risk of displacement. 94 Appendix 5: Additional Information and Supporting Documentation Supporting documentation for Appendix 3: Project Proposal Scoring Sheet 1A
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P 39, 257,258,260
Unmet RHNA from 5th Cycle (2,841) + need from 6th Cycle (3,763) = 6,604.

Site inventory from all subareas=10,235
Assuming the total 10,235/6,604 = 154.9%.
95 1E
Source: Commitment letter from City Manager
96 97
1F
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P160
Source: Gov. Code section 65915, subdivision (p):
1G
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P218-220
98 99
100
1H
Source: Adelanto zoning code
Page number: P2-3
101
1I
Source: Planning Commission Staff Report
A General Plan Amendment and Zone Change to amend the General Plan Land Use Map designation and Zoning District from Single Family Residential (R-S1) to Single Family Residential (R-S5) for a145 single residential units project is approved by planning commission on February 21st, 2024.
102
1L
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P220
103
Example 1: the City received the application for a tentative tract map (TTM) on 10/04/2023, and the TTM was approved at the Planning Commission meeting on 2/21/2024. 104
105
Example 2: City received application to subdivide 42.44 acres into 171 single family residential lots on 10/12/2021. City approved the tentative tract map on 08/17/2020. 106
Example 3: City received application to subdivide 74.31 acres into 231 single family residential lots on 7/19/2018. City approved the tentative tract map on 09/5/2018. 107
108
109
Category 2: Acceleration of Housing Production Timeframes 110
2A
Source: 2022 city of Adelanto municipal code
Page number: P557-558
111
Example 1:
112
A Minor Location & Development Plan for a retail center project is approved by a planning consultant on 2/28/2019.

Example 2:

A Minor Location & Development Plan for a 22 single family residential units project is approved by a planning consultant on 5/9/2023.
113
Example 3:

A Minor Location & Development Plan for a 11 single family residential units project is approved by a planning consultant on 11/21/2023.
114
Example 4:

A Minor Location & Development Plan for a medical supply business office project is approved by a planning consultant on 4/16/2018.
115
Example 5:

A Minor Location & Development Plan for addition to cannabis building project is approved by a planning consultant on 6/23/2021.
116
2D
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P165-166
Example 1: The City received an application for single-family residential development on 2/21/2024 and issued a building permit on 3/7/2024.
117
Example 2: The City received an application for single-family residential development on 3/2/2024 and issued a building permit on 3/25/2024.
118
Example 3: The City received an application for single-family residential development on 3/2/2024 and issued a building permit on 3/25/2024.
119
2G
Source1: Planning Department Flow Chart
120
Source 2: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P166
Example 1: the City received the application for a tentative tract map (TTM) on 10/04/2023, and the TTM was approved at the Planning Commission meeting on 2/21/2024. 121
122
Example 2: City received a comprehensive application for development review on 2/2/2023 and approved the Minor Location and Development Plan on 7/27/2023. 123
Example 3: City received application for engineering plan check on 4/5/2023 and approved the plan on 8/9/2023.
124
2K
Source:

Name: City of Adelanto website
125
Link: Microsoft Word - Comprehensive Application - Revised 10.21.21 (revize.com) 2N
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P211-212
126
127
Category 3: Reduction of Construction and Development Costs 3A
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P223
128
Source: Commitment letter from City Manager
129
3B
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P220-221
3D
Source: 4thDraft Adelanto HEU 5-14-2024.pdf (revize.com) Page number: P213-214
130
131
Category 4: Providing Financial Subsidies
4A
Source: Signed a 4th amendment to the SBCOG JPA
132
133
134
135
4D
Source: Signed MOU with the Neighborhood Housing Services of the Inland Empire (NHSIE) 136
137
Source: Letter of support
138
4E
Source: signed resolutions.

Resolution 1:

Resolution 2:
139
140
Resolution 3:
4I
Source: News Release, Plan Adelanto | Inland Equity Community Land Trust (inlandequityclt.org)
141
142
143
Supporting documentation for threshold requirements of homeless encampments:
144
Supporting documentation for community engagement:

E-newsletter:

Link: August 2024 eNewsletter (mailchi.mp)
145
Website:

Link: Planning Division (adelanto.ca.us)
146
Newsletter report:
147
148

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Virginia Velis, Executive Assistant/Deputy City Clerk SUBJECT:

CONSIDERATION OF SUBRECIPIENT AGREEMENT AGREEMENT WITH

ADELANTO COMMUNITY RESOURCE CENTER IN AN AMOUNT NOT TO EXCEED $9,696.00
STAFF RECOMMENDATION:

It is recommended that the City Council approve the subrecipient agreement with Adelanto Community Resource Center, in an amount not to exceed $9,696.00 for the services provided.

BACKGROUND:

The primary national objectives of the Federal Community Development Block Grant (“CDBG”) Program are to undertake activities that benefit low- and moderate-income persons and/or eliminate slum and blight conditions in the City. The program requires that at least 70 percent of the program funds be spent on activities that benefit low- and moderate-income persons.

The Federal Department of Housing and Urban Development (“HUD”) promulgates the funds and regulations for the CDBG program. Cities with populations below 50,000 do not receive funding directly from HUD, but instead participate through the County of San Bernardino Department of Community Development and Housing (the “County”). For the City of Adelanto, the City receives its CDBG funds as a “participating city” through the County.

On February 14, 2024, the City Council approved Resolution No. 24-02 authorizing the allocations of CDBG funds to eligible projects for Fiscal Year 2024/2025. As part of this allocation, $48,486.00 of the funds were designated for Community Based Organizations (“CBOs”) for the aid and support of low to moderate income families. The Adelanto Community Resource Center was selected to provide weekly food/clothing distribution to approximately 200 to 300 low to moderate income persons monthly in the City of Adelanto.

In order for the city to be reimbursed for the services provided by the CBOs, the County requires that an Independent Contractor Agreement be executed by the CBO and the City prior to any reimbursements being processed. Entering into the proposed agreements will ensure that the City is compliant with HUD 149
and County requirements and that the services provided remain reimbursable.

FISCAL IMPACT:

There is no impact to the current Fiscal Year 2024/2025 budget. The City will receive 100% reimbursement from Federal CDBG funds in the amount of $9,696.00 for the Adelanto Community Resource Center, for a total amount of $9,696.00.

ATTACHMENTS:

1. Adelanto Community Resource Center Agreement

2. CDBG A & B's - Adelanto Public Services for 2024-25 & Exhibits 150

SUBRECIPIENT CONTRACT
This Contract is made and entered into, by and between the City of Adelanto, hereinafter referred to as “CITY”, and Adelanto Community Resource Center, a non-profit organization, hereinafter referred to as “CONTRACTOR”.

WITNESSETH
WHEREAS, CITY has entered into a Contract with San Bernardino County (COUNTY) Department of Community Development and Housing, hereinafter referred to as “CDH”, to execute the CITY’s Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, CONTRACTOR desires to participate in the CITY’s CDBG program and is qualified by reason of experience, preparation, organization, staffing, and facilities to provide Emergency Food and Clothing Distribution services; and,
WHEREAS, on February 14, 2024, the Adelanto City Council held a Public Hearing to allocate the City’s Community Development Block Grant Funds for Fiscal Year 2024-2025. During the hearings, the City allocated $ 9,696.00 of CDBG funds to provide Food and Clothing Distribution program(s) to 150 to 300 persons a month in the City of Adelanto.

NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows:

1. SCOPE OF SERVICES
A full description of the services provided in this Contract is contained in Exhibit 1, PROJECT/ACTIVITY DESCRIPTION.

All beneficiaries of the program services shall be low- and moderate-income persons or households, as defined in Section 20, BENEFICIARY QUALIFICATION.

2. TIME OF PERFORMANCE
Said services of CONTRACTOR shall commence July 1, 2024, and shall be completed no later than June 30, 2025.

3. COMPENSATION AND METHOD OF PAYMENT
For performance of such services, CITY shall provide CDBG funds not to exceed $ 9,696.00. This payment shall constitute full and complete compensation for CONTRACTOR’s services under this Contract. For the purpose of this Contract, CITY shall disburse compensation and monitor CONTRACTOR’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of payments to CONTRACTOR shall be made by monthly reimbursements, contingent upon CITY’s receipt of a monthly summary statement for each previous month’s expenditures which conforms to Exhibit 2, BUDGET SUMMARY. Monthly expenditure reports shall be documented with "audit ready" supportive evidence of each expenditure and proof of payment, in accordance with United States of America Department of Housing and Urban Development, hereinafter referred to as “HUD” regulations. Reimbursements shall be limited to the total approved, properly documented expenditures. Monthly reimbursements shall be evenly amortized

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over the remaining term of this Contract unless otherwise approved by CDH. All reimbursement requests must be submitted no later than 30 days after the expiration of this Contract. Requests received after said 30-day period shall be considered non-compliant and not eligible for reimbursement under the terms of this Contract. CONTRACTOR shall submit a final request for reimbursement for the program year no later than July 15, 2025. Any balance remaining in this project after that date will be reprogrammed.

CONTRACTOR must submit said monthly expenditure reports and program progress reports (see Exhibit 4, MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT) by the 10th day of every calendar month to CITY regardless of expenditure amount. After receipt by CITY of each properly documented expenditure report, CITY will draw a warrant in favor of CONTRACTOR for the approved expenditure amount. Submittal of an expenditure report and Exhibit 4 after the 10th day of the month, in which payment is requested, will cause unavoidable delays in payment processing.

4. BUDGET SECTION
Variances not exceeding 15% of originally approved budget cost categories identified in Exhibit 2, BUDGET SUMMARY, may be made without the prior approval of the CDH Director or his or her designee. Such variances shall under no circumstances result in a change to the total contract amount.

5. USE OF FUNDS
Funds allocated pursuant to this Contract shall be used exclusively for costs included in CONTRACTOR’s program budget. Contract funds shall not be used as security or to guarantee payments for any non-program obligations, or as loans for non-program activities.

6. BUDGET MODIFICATIONS
The City’s CDBG Fiscal Singer may grant budget modifications to this Contract for the movement of funds within the budget categories identified in Exhibit 2, BUDGET SUMMARY, when such modifications:
a. Exceed 15% of the originally approved amount of one or more budget cost categories and does not exceed $10,000 per budget cost category;
b. Are specifically requested by CONTRACTOR;
c. Do not alter the total amount of compensation pursuant to this Contract; d. Will not change the project goals or scope of services; e. Are in the best interests of CITY and CONTRACTOR in performing said services; and, f. Related to salaries, are in accordance with applicable salary ordinances or laws.

7. CHANGES IN GRANT ALLOCATION
CITY reserves the right to reduce the grant allocation when CITY’s fiscal monitoring indicates that CONTRACTOR’s rate of expenditure will result in unspent funds at the end of the program year.

Changes in the grant allocation will be made after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendments.

8. REVENUE DISCLOSURE REQUIREMENT
By its execution of this Contract, CONTRACTOR certifies that it has previously filed with CITY, a written statement listing all revenue received, or expected to be received, by CONTRACTOR from federal, state, or county sources, or other governmental or private agencies, and applied or expected to offset in whole or in part any of the costs incurred by CONTRACTOR in conducting current or prospective projects or business activities, including, but not necessarily limited to, the 152

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project or business activity which is the subject of this Contract. Such statement shall reflect the name and a description of such project or business activity, the dollar amount of funding provided, or to be provided, by each and every agency to each such project or business activity, and the full name and address of each such agency. During the term of this Contract, CONTRACTOR shall prepare and file a similar written statement each time it receives funding from any agency, which is in addition to that revenue disclosed in CONTRACTOR’s initial revenue disclosure statement hereunder. Such statement shall be filed with CITY within 15 calendar days following receipt of such additional funding. CONTRACTOR shall make available for inspection and audit to CITY representatives, upon request, at any time during the duration of this Contract and during a period of five years thereafter, all of its books and records relating to the operation by it of each project or business activity which is funded in whole or in part with governmental monies, whether or not such monies are received through CITY. All such books and records shall be maintained by CONTRACTOR at a location in San Bernardino County. Failure of CONTRACTOR to comply with the requirements of this section of the Contract shall constitute a material breach of Contract upon which CITY may cancel, terminate, or suspend this Contract.

9. JOINT FUNDING
For programs in which there are sources of funds in addition to CDBG funds, CONTRACTOR shall provide proof of such funding. CITY 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 applies to the total program regardless of funding sources.

10. PROGRAM INCOME
Program income represents net income directly generated from the use of CDBG funds by CONTRACTOR as a result of the activity funded under the terms of this Contract. When such income is generated by an activity only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. CONTRACTOR shall retain the use of program income by returning program income to CITY and requesting project budget increases for activities authorized under this Contract. Program income shall be returned to CITY within 30 days after: a) disposition or sale of real or personal property occurs or; b) cumulative program income reaches increments of $1,000; or c) the end of each fiscal year. CONTRACTOR shall include in the reports required by Section 21, PROGRAM REPORTING AND RETENTION OF RECORDS, all sources and amounts of program income on a monthly and year-to-date basis.

Program income returned by CITY to CONTRACTOR shall be spent by CONTRACTOR on only those costs authorized under this Contract. All provisions of this Contract shall apply to said use of program income. CONTRACTOR shall account for the receipt and use of program income in such a way that program income is spent on authorized activities before additional CDBG funds are spent.

Any program income on-hand, when this Contract expires or received after such expiration, shall be paid to CITY.

11. FISCAL LIMITATIONS
While not presently anticipated, HUD may, in the future, place programmatic or fiscal limitation(s) on CITY CDBG funds. Accordingly, CITY reserves the right to revise this Contract in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of CONTRACTOR’s authority to commit and spend funds, or may restrict CONTRACTOR’s use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to cost category, with respect to funding for this Contract, CDH may act for CITY in implementing and effecting such a reduction and in revising the 153

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Contract for such purpose. Where CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of CONTRACTOR, CITY may act to suspend the operation of this Contract for up to 60 days upon three days notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by CONTRACTOR before it receives notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

12. NON-EXPENDABLE PROPERTY
A record shall be maintained for each item of non-expendable property acquired for this program with CDBG funds. This record shall be provided to CITY upon request. Non-expendable property shall include tangible personal property, including but not limited to office equipment, and real property and any interest in such real property, including any mortgage or other encumbrance of real property as well as any funds derived from the sale or disposal of non-expendable property.

Any utilization of funds derived from the sale or disposition of non-expendable property must have prior approval of CITY and otherwise comply with all applicable laws and regulations. Upon termination of this Contract, CITY reserves the right to determine the final disposition of said nonexpendable property acquired for this program with CDBG funds, including funds derived therefrom. Said disposition may include CITY taking possession of and title to said non-expendable property. Non-expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit.

13. EXPENDABLE PERSONAL PROPERTY
Expendable personal property refers to all tangible personal property other than non-expendable personal property. All purchases of expendable personal property with a unit value of $1,000 or more per unit must have the prior written approval of the CDH Director, or their designee.

14. PURCHASE OR LEASE OF NON-EXPENDABLE PROPERTY OR EQUIPMENT CONTRACTOR shall obtain at least three comparable price quotes and receive CDH approval of the item(s) selected prior to purchasing or leasing any non-expendable personal property or equipment over $1,000 in unit value and having a life expectancy of more than one year. Such property shall be properly identified and inventoried and shall be charged at its actual price deducting all cash discounts, rebates, and allowances received by CONTRACTOR. This inventory shall be provided to CITY upon request.

CONTRACTOR shall obtain written approval from CITY prior to selling or disposing of any nonexpendable property or equipment. Any proceeds generated from the sale of such property or equipment shall be subject to the provisions of Section 10, PROGRAM INCOME.

15. ACQUISITION OF SUPPLIES AND EQUIPMENT
CONTRACTOR may purchase from a related agency/organization only if: (a) prior authorization is obtained in writing from CITY, (b) charges do not exceed the authorized amount and minimum written specifications are met, (c) a community related benefit is derived from such CONTRACTOR related acquisition, and (d) no conflict of interest for private gain accrues to CONTRACTOR or its employees, agents or officers. CONTRACTOR shall adhere to all applicable procurement standards of 24 CFR Part 84 in the acquisition of supplies and equipment. CONTRACTOR shall submit documentation of the cost and price analysis required in 24 CFR 84.45 for approval prior to procuring non-expendable property or equipment.

CITY reserves the right to disallow any purchase from any vendor of supplies, equipment, nonexpendable property or expendable property which is purchased in whole or in part with funds 154

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provided by this Contract. CONTRACTOR may seek prior approval of CITY for any such expenditures and prior approval, which is granted shall be binding on CITY unless such expenditure violates federal law or regulations or is disallowed by HUD.

16. PURCHASE AND INVOICE DEADLINES
Purchase of equipment or property must be completed before the last three months of the initial performance period and all equipment bills shall be paid before the last two months of this period.

No expendable or non-expendable property or equipment shall be purchased during the final three months of the initial performance period unless approved by CITY in writing. Invoices for all obligations incurred under this Contract must be submitted to CITY within sixty (60) days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by CDH.

17. TRAVEL AND CONFERENCE RESTRICTIONS
CONTRACTOR certifies and agrees that travel and conference expenses for persons other than employees of CONTRACTOR, will not be paid by funds provided through this Contract. No travel expenses for out-of-state travel shall be included in this Contract unless specifically listed in the BUDGET SUMMARY, Exhibit 2, which is attached and incorporated herein. CONTRACTOR further agrees that any travel expense incurred by CONTRACTOR, which is not listed in the BUDGET SUMMARY shall not be paid by funds provided through this Contract unless prior written approval of the CDH Director has been obtained.

18. USE OF FUNDS FOR ENTERTAINMENT, GIFTS, OR FUNDRAISING ACTIVITIES CONTRACTOR certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities.

19. MONITORING
CITY CDBG Administrative Signer or their designee will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of CITY, CDH and HUD shall have the right of access to all activities and facilities operated by CONTRACTOR under this Contract. Facilities include all files, records, and other documents related to the performance of this Contract. Activities include attendance at staff, board of directors, advisory committee and advisory board meetings and observation of on-going program functions. CONTRACTOR will permit on-site inspection by CITY, CDH and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of CITY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program.

20. BENEFICIARY QUALIFICATION
Persons qualifying for program services on the basis of income, hereinafter referred to as BENEFICIARIES, shall have an annual household gross income equal to or less than the U.S.

Department of Housing and Urban Development (HUD) Income Limits. HUD User Income Limits for San Bernardino County, CA, define the maximum annual household gross income for low- and moderate-income households. CONTRACTOR is responsible for obtaining from CITY the said current applicable HUD User Income Limits for each year of the Contract term identified in Section 2, TIME OF PERFORMANCE.

Under CDBG regulations, the following clientele categories are presumed to be low- and moderateincome persons and can qualify for service regardless of income: abused children; battered 155

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spouses; elderly persons (60 and older); severely disabled adults, homeless persons; illiterate adults; persons living with AIDS, and migrant farm workers. CONTRACTOR shall document the household income of all BENEFICIARIES, by obtaining completed copies of the "BENEFICIARY QUALIFICATION STATEMENT", Exhibit 3(a), 2 pages. A Spanish language version of the BENEFICIARY QUALIFICATION STATEMENT, Exhibit 3(b), 2 pages, is attached for convenience, but the CITY cannot guarantee the accuracy of the translation and the CITY cannot be held responsible for any errors. CONTRACTOR shall retain these forms for five (5) years after conclusion of this Contract.

21. PROGRAM REPORTING AND RETENTION OF RECORDS
CONTRACTOR agrees to prepare and submit financial, program progress, and other reports as required by HUD, COUNTY, or CITY directives. CONTRACTOR shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD, COUNTY, or CITY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CONTRACTOR for a minimum of five (5) years. The retention period starts from the date the CITY submits to CDH for their Consolidated Annual Performance and Evaluation Report (CAPER) to HUD, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said CITY submission will follow CONTRACTOR’s final submission to CITY of reports identified under this paragraph. Records and accounts subject to litigation or audit must be maintained for five (5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for five (5) years or the number of years there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBGpurchased equipment begins at the end of the equipment’s use, when it is disposed of or transferred. The retention period for records relating to program income begins on the last date of CITY’s fiscal year in which the income is earned. All CONTRACTOR’s records, with the exception of confidential client information, shall be made available to representatives of CITY, CDH and the appropriate federal agencies. CONTRACTOR is required to submit data necessary to complete the CAPER in accordance with HUD regulations in the format and at the time designated by the CDH Director or his designee. By the 10th day of each month, CONTRACTOR shall submit a completed MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT, Exhibit 4, for the month being reported.

22. ACCOUNTING
CONTRACTOR must establish and maintain on a current basis an adequate accounting system in accordance with HUD directives and UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR ALL FEDERAL AWARDS, 2 CFR 200.

23. AUDITS
CONTRACTOR is required to arrange for an independent financial audit performed within the direction of 2 CFR 200. Said audit shall be conducted for the term of this Contract. When CONTRACTOR receives $750,000 or more in federal funds from all federal funding sources within a fiscal year, the required audit must be performed in compliance with 2 CFR 200.

CONTRACTOR shall submit a copy of the audit report to CITY within nine months after the end of the audit period. Within 30 days of the submittal of said audit report, CONTRACTOR shall provide to CITY a written response to any concerns or findings identified in said audit report. The response must examine each concern or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All actions to correct said conditions or findings shall be taken within six months after receipt of the audit report.

CITY, COUNTY, or any state or federal agency, may make additional audits or reviews, as necessary, to carry out the responsibilities of CONTRACTOR under city, county, state or federal 156

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laws and regulations. CONTRACTOR agrees to cooperate fully with all persons conducting said additional audits or reviews. CITY and its authorized representatives shall, at all times, have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of CONTRACTOR. If indications of misappropriation or misapplication of the funds of this Contract cause CITY to require an additional audit, the cost of the audit will be encumbered and deducted from this Contract budget.

Should CITY subsequently determine that the additional audit was not warranted, the amount encumbered will be restored to the Contract budget. CONTRACTOR shall reimburse all misappropriation or misapplication of funds to CITY. In the event CITY uses the judicial system to recover misappropriated or misapplied funds, CONTRACTOR shall reimburse CITY legal fees and court costs in addition to awards.

24. ASSIGNMENT
This Contract is not assignable by CONTRACTOR without the express written consent of CITY.

Any attempt by CONTRACTOR to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

25. TERMINATION AND TERMINATION COSTS
This Contract may be terminated in whole or in part at any time by either party upon giving a 30- day notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 84.61, Termination for Convenience. CITY is hereby empowered to give said notice subject to ratification by the City Manager.

CITY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible or impossible. If CONTRACTOR materially fails to comply with any term of this Contract, CITY may take one or more of the actions provided under federal regulation at 24 CFR Part 84.62, Enforcement, which includes temporarily withholding cash, disallowing non-compliant costs, wholly or partly suspending or terminating the award, withholding further awards, and other remedies that are legally available.

In such an event, CONTRACTOR shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD.

26. REVERSION OF ASSETS
Upon Contract termination, CONTRACTOR shall transfer to CITY all CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.

All real property acquired or improved in whole or in part with CDBG funds under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded, or it must be disposed of in a manner resulting in a reimbursement to CITY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition or improvement of the property.

27. INDEPENDENT CONTRACTOR
All parties hereto in the performance of this Contract will be acting in independent capacities and not as agents, employees, partners, joint venturers, or associates of one another. The employees 157

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or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatsoever.

28. CONTRACT COMPLIANCE
CONTRACTOR shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CONTRACTOR shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program.

CONTRACTOR shall comply with Executive Orders 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, and other applicable federal, state, county, and city laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

29. DISCRIMINATION
No person shall, on the grounds of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information (including family medical history) be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract.

30. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CONTRACTOR agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further, CONTRACTOR agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract will be used exclusively for the performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If CONTRACTOR conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG-funded program services.

31. CONFLICT OF INTEREST
CONTRACTOR shall comply with all applicable federal and state laws, regulations and policies governing Conflict of Interest, including state Conflict of Interest regulations found in California Government Code Sections 1090, 1126, 87100 et seq., federal Conflict of Interest regulations found in 24 CFR 570.611, 85.36, and 84.42, and any other applicable policies, rules and regulations related to Conflict of Interest.

Any person who is an employee, agent, consultant, officer, elected or appointed official of CONTRACTOR, who exercises any functions or responsibilities with respect to CDBG-funded activities identified in this Contract and who is in a position to participate in a decision-making process or gains inside information with regard to activities identified in this Contract, may not obtain a financial interest or benefit from the CDBG-assisted activities identified in this Contract or any related contract, subcontract, or agreement, either for themselves, an immediate family member or business partner, during his/her tenure. CONTRACTOR shall maintain written standards of conduct governing the performance of their employees engaged in the award and administration of contracts.
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32. INTENTIONALLY OMITTED

33. HUD HOLD HARMLESS
CONTRACTOR shall indemnify, defend and hold harmless CITY and COUNTY against any liability, claims, losses, demands, and actions incurred by CITY and COUNTY as a result of the determination by HUD or its successor that activities undertaken by CONTRACTOR under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CONTRACTOR under this Contract were improperly expended.

34. INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by CITY and COUNTY and hold harmless the CITY and 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 CITY 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 indemnitees. CONTRACTOR's indemnification obligation applies to the CITY and COUNTY's "active" as well as "passive" negligence but does not apply to the CITY and COUNTY's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. This provision shall survive the termination of this Contract.

35. INSURANCE REQUIREMENTS
CONTRACTOR agrees to provide insurance set forth in accordance with the requirements herein. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services.

Without in anyway affecting the indemnity herein provided and in addition thereto, CONTRACTOR shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
- Workers' Compensation/Employers 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 CONTRACTOR and all risks to such persons under this contract.

If CONTRACTOR has no employees, it may certify or warrant to the CITY (and 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 CITY 's CDBG Administrative Signer, or the COUNTY’s Director of Risk Management on a case-by case basis.

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.
- Commercial/General Liability Insurance - CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of 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.
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(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.
- 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 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 CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
- 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. - Additional Insured - All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the CITY and COUNTY and their officers, employees, agents and volunteers as additional insureds 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 CITY and COUNTY to vicarious liability but shall allow coverage for the CITY and COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85 (form provided by COUNTY’s Risk Management Department through CDH, if requested).
- Waiver of Subrogation Rights - CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the CITY and COUNTY, their officers, employees, agents, volunteers, contractors and subcontractors. All general or auto, liability insurance coverage provided shall not prohibit CONTRACTOR and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim. CONTRACTOR hereby waives all rights of subrogation against the CITY and COUNTY. - Policies Primary and Non-Contributory - All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the CITY or COUNTY.
- Severability of Interests - 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 CONTRACTOR and the CITY or between the CITY and any other insured or additional insured under the policy. - Acceptability of Insurance Carrier - Unless otherwise approved by COUNTY Risk Management Department, 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". - Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in 160

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excess of $10,000 shall be declared to and approved by the COUNTY Risk Management Department.
- 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 CITY 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 CITY will be promptly reimbursed by CONTRACTOR or CITY payments to CONTRACTOR will be reduced to pay for CITY purchased insurance.

36. PROOF OF COVERAGE
CONTRACTOR shall furnish Certificates of Insurance to the CITY and COUNTY administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement 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 CITY, COUNTY, and CONTRACTOR. CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences performance of services hereunder until the completion of such services, per Section 2 TIME OF PERFORMANCE. Within fifteen (15) days of the commencement of this contract, 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.

CONTRACTOR shall complete and submit INSURANCE INVENTORY, along with the above required insurance documents.

37. INSURANCE REVIEW
Insurance requirements are subject to periodic review by the CITY and /or COUNTY. The CDBG Administrative Signer or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever CITY and COUNTY determine that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the CITY and COUNTY.

In addition, if the CDBG Administrative Signer determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the City Manager 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 CITY and COUNTY, inflation, or any other item reasonably related to the CITY and 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.

Any failure, actual or alleged, on the part of the CITY and 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 CITY and COUNTY.

38. INTENTIONALLY OMITTED

39. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570 and Part 84; and 2 Code of Federal Regulations, Part 200.
161

Page 12 of 14 ends

40. SUSPENSION AND DEBARMENT
By entering this Contract, CONTRACTOR certifies that CONTRACTOR, including its principals, is not suspended or debarred from participating in federally funded contracts and sub-awards and has registered with SAM.gov for acceptance of federal grant funding.

41. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral agreements contained herein. Except as herein provided, additions or variations of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties.

42. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:

City of Adelanto Adelanto Community Resource Center
11600 Air Expressway 11824 Air Expressway
Adelanto, CA 92301 Adelanto, CA 92301
Attn: Virginia Velis Attn: Melva Davis
With a copy to:

Supervising Analyst
San Bernardino County
Community Development and Housing Department
560 E. Hospitality Lane, Suite 200
San Bernardino, CA 92415-0043

43. COUNTERPART EXECUTION
This Contract may be executed in counterparts. When executed, each counterpart shall be deemed an original irrespective of the date of execution. Said counterparts shall together constitute one and the same Contract.

IN WITNESS WHEREOF, the parties have caused this Contract to be executed by the City of September 25, 2024, as of the day and year written below.

CITY OF Adelanto Adelanto Community Resource Center
By: By:

Jessie Flores, City Manager Melva Davis, Executive Director

Dated: _______________ Dated ________________
Federal ID Number or Social Security Number
:
______________________
162

Page 13 of 14 ends

ATTEST:

By: ____________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Todd Litfin, City Attorney
163

Page 14 of 14 ends

REPLACE WITH CDH ATTACHMENTS A & B (including Exhibits). 164

ATTACHMENT A- REQUEST TO INITIATE PROJECT/ACTIVITY
PROJECT/CASE NUMBER: DATE OF ORIGINAL ISSUE:

CFDA No: ORIGINAL: REVISION No.:

TARGET AREA: DATE OF REVISION:

WBSE CODE:

PROJECT/ACTIVITY TITLE:

ACTIVITY LOCATION:

TOTAL PROJECT FUNDING:

CITY CDBG ALLOCATION RELEASED:

CITY CDBG FUNDS PROJECTED TO BE EXPENDED AS OF 6/30/2024:

BALANCE OF FUNDS AVAILABLE:

DATE OF RELEASE OF FUNDS :

SCHEDULE OF CDBG ALLOCATION:

TOTAL OF
50 YEARS
SPACE RENT:

OTHER:

TOTAL CITY CDBG ALLOCATION AVAILABLE:

IMPLEMENTING CITY: DATE:

SIGNATURE: TITLE:

SAN BERNARDINO COUNTY
Carrie Harmon, Director, Community Development and Housing DATE

ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY
$0 $0 $0 $0 $0
B24UC060503
(2023-24) (2024-25)
$0
$0
CONSULTANT SERVICES:

INSURANCE:

PERSONNEL EXPENSES:
$0
$1,500
$8,196

RENT/LEASE OR PURCHASE OF
EQUIPMENT:

I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows:

MAINTENANCE AND OPERATION BUDGET/AGREEMENT:

14.218
Pursuant to the terms of the Delegate Agency Agreement originally executed on 7/8/2014, (and most current renewal date of 3/20/2023) between Community Development and Housing (CDH), and the City of Adelanto, CDH hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval.

X
City of Adelanto
$9,696
$9,696
$0
OTHER PERTINENT INFORMATION: City certifies all requests for reimbursement from CDH contain proof of payment, all supporting documentation for costs incurred and a Monthly Program Progress Report. $9,696
$0 $9,696 $9,696
$9,696
CONSUMABLE SUPPLIES: $0 $0

CITY OF ADELANTO
ADEL-24-2-05Z/3679

50.60.0045.09
Adelanto: Emergency Food and Clothing Distribution - Adelanto Community Resource (ACRC) Adelanto School District, 11824 Air Expressway, Bldg. M , Adelanto CA 92301 7/1/2024
7/1/2024
Year 49 Year 50
(75-2019) (2019-20) (2020-21) (2021-22) (2022-23)
Year 1-44 Year 45 Year 46 Year 47 Year 48
165

ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION
PROJECT/CASE NUMBER : DATE OF ORIGINAL ISSUE:

CFDA No. : ORIGINAL: REVISION No.:

TARGET AREA : DATE OF REVISION:

PROJECT/ACTIVITY TITLE:

ACTIVITY LOCATION:

TIME OF PERFORMANCE: July 1, 2024 through June 30, 2025 IMPLEMENTING CITY: DATE:

SIGNATURE: TITLE:

SAN BERNARDINO COUNTY
Carrie Harmon, Director, Community Development and Housing Department ADEL-24-2-05Z/3679 7/1/2024

14.218 X
City of Adelanto 1/0/1900
DATE
SUSPENSION AND DEBARMENT: By entering this Contract, the City of Adelanto certifies that the Adelanto Community Resource Center (ACRC), including its principals, is not suspended or debarred from participating in federally funded contracts and sub-awards. The City may research the agency’s status online at the System for Award Management (SAM) website https://sam.gov/content/home ACTIVITY DESCRIPTION: The City of Adelanto will contract with ACRC to provide emergency food, clothing, school supplies, diapers, personal items, and referrals for health care, to homeless and/or low-and moderate income households. The program will be provided at Adelanto School District, 11824 Air Expressway, Building M, Adelanto, CA 92301. San Bernardino County Department of Community Development and Housing, herein after referred to as CDH, will reimburse the City of Adelanto in the amount not to exceed the “CDBG Allocation Released” on the Attachment A for the services necessary to implement this program. Federal, state, county and city rules and regulations will apply.

ACRC shall sign a contract with the City of Adelanto addressing the scope of service and the terms and conditions. The contract shall remain in effect during the period that the services are provided for which CDBG funds will be requested for reimbursement. The contract with ACRC shall comply with requirements listed in 24 CFR 570.503 including: Agreements with Subrecipients; Statement of Work; Records and Reports; Program Income; Uniform Administrative Requirements; Other Program Requirements; Conditions for Religious Organizations; Suspension and Termination; Reversion of Assets; and Exhibits 3(a) & 3(b) 1 of 2 and 2 of 2.

In addition, ACRC shall comply with all applicable regulations listed in the City-County Delegate Agency Agreement, No. 14-394, Attachment C, Section IV. City shall maintain monthly program reports and records on the services provided. CDBG funds cannot be used for entertainment, gifts or fund-raising activities. Reimbursement expenditures must be appropriately documented. City shall comply with conflict of interest provisions and shall not exclude any person from funded programs on the grounds of race, sex, creed, color, religion or national origin.

The City of Adelanto understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate-income individuals, families, organizations, and communities and are derived from the project or program. Examples include: construction completed resulting in improved access to services/public facilities/park & recreation/street improvements, etc.

The City of Adelanto will submit a final request for reimbursement for the program year no later than July 15, 2025. Note: After July 31, 2025, any balance remaining in this project will be reprogrammed.

CDBG funds cannot be used to replace other local or state monies to fund essential services typically offered by the City. The City shall certify the eligible use of CDBG funds on Certification of CDBG Funded New or Expanded Service, Exhibit 5. This program is available to low- and moderateincome persons and requires documentation that at least 51% of the persons served are from income qualifying households. In order to document that 51% of the persons served are from income qualifying households, a Beneficiary Qualification Statement, Exhibit 3(a), must be completed for each person that participates in the program. A Spanish version of the Beneficiary Qualification Statement, Exhibit 3(b), can be completed for Spanish speakers who prefer it, however, the County cannot guarantee the accuracy of the translation and CDH cannot be held responsible for any errors. The Beneficiary Qualification Statement will then be used to complete and submit the Monthly Program Progress/Direct Benefit Report, Exhibit 4, to CDH. The Monthly Program Progress/Direct Benefit Reports must be submitted to CDH for each month that CDBG reimbursement is requested. It is anticipated that approximately 180 persons will participate in the Emergency Food and Clothing Distribution Services Program. A “Unit of Service” is defined as each person attending an outreach and/or program activity, in a given month. The number of clients times the total number of program activities per month will reflect the total units of service which results in the measurable outcome. The measurable outcome will be recorded on Part I: Monthly Program Progress Report, Exhibit 4, and the number of unduplicated first-time clients (persons) who participated in the program during the fiscal year will be recorded on Part II: Direct Benefit Report, Exhibit 4.

Adelanto: Emergency Food and Clothing Distribution - Adelanto Community Resource (ACRC) Adelanto School District, 11824 Air Expressway, Bldg. M , Adelanto CA 92301

CITY OF ADELANTO
166

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

SERVICES :

TIME OF PERFORMANCE:

PROGRAM PARTICIPANT PERFORMANCE STANDARDS:

OPERATIONS:

ACRC will provide services at The Adelanto School District, 11824 Air Expressway, Building M, Adelanto CA 92301.

Adelanto: Emergency Food and Clothing Distribution -
Adelanto Community Resource (ACRC)
Adelanto Community Resource Center (ACRC)

PROJECT/ACTIVITY DESCRIPTION
In addition to units of service, ACRC will report unduplicated client counts on the Part II: Direct Benefit Report, Exhibit 4.

July 1, 2024 through June 30, 2025
The City of Adelanto will contract with Adelanto Community Resource Center (ACRC) to provide emergency food, clothing, school supplies, diapers, personal items, and/or referrals for health care, to homeless and/or low-and moderate-income households in the City of Adelanto and surrounding communities.

A unit of service is defined as one household participating in a weekly distribution. Each household receiving emergency food, appropriate clothing, school supplies, diapers, personal items, and/or referrals for health care, shall count as one unit of service. We are not counting items received, only the session of receiving. If the same household participates in a daily or weekly distribution of food, they will be counted every time they come for service for the month. ACRC will report units of service on Part I: Monthly Program Progress Report, Exhibit 4.

CDBG Activity: Food and Clothing Distribution Services
UNITS OF SERVICE:
7/1/2024
11824 Air Expressway, Adelanto, CA 92301
Measurable Outcome: Units of Service, to be reported on Part I: Monthly Program Progress Report, Exhibit

4. Exhibit 1 Page 1 of 1
167

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

1. 2.

3. 4.

5. July 1, 2024 through June 30, 2025
Special Instructions or Restrictions:

Projected Expenses
$8,196
$0
A. Budget Items
Personnel
Consultant/Contract Services (Auditing, Accounting or Payroll Services) City will submit a final request for reimbursement for program years no later than July 15, 2025. After July 31, 2025, any balance remaining in this project may be reprogrammed.

Total Sources of Funding:

Time of Performance:
*Project Allocation: $9,696 (Allocated dollars can only be expended in the categories listed under subsection A of Budget Summary above.)
*CDBG Share $9,696
$9,696
$0
$0
$0
The current standard Internal Revenue Service mileage allowance will be used for reimbursement of authorized costs associated with vehicle operation under this contract.

Total Budget:

B. Sources of Funding
Other (Utilities, Land-line Phones, Cellular Phones, Internet Service, Postal Services, Security Clearances, Approved Subsidies/Scholarships, Administrative and Indirect Costs)
Amount of Revenue
$0
$9,696
$0
7/1/2024
Adelanto: Emergency Food and Clothing Distribution -
Adelanto Community Resource (ACRC)
Adelanto Community Resource Center (ACRC)
11824 Air Expressway, Adelanto, CA 92301
For programs with multiple funding sources, administrative and indirect costs charged to this grant must be determined using the City’s approved Cost Allocation Plan. To be approved by CDH before submittal. $0
$0
Consumable Supplies
Rental, Lease, or Purchase of Equipment
Insurance
$0
$1,500
$0
Travel
Space Rent

BUDGET SUMMARY
Exhibit 2 Page 1 of 1
168

COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

Please answer each of the following questions.

How many persons are in your household?

EXTREMELY LOW-INCOME

VERY LOW-INCOME

LOW-INCOME
Number of Persons in Your Household

1. This question helps you determine the size of your household. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers, or borders cannot be included as household members.

2. This question asks if you are from a low- and moderate-income household. For this question, a list of the EXTREMELY LOW-INCOME, VERY LOW-INCOME and LOW-INCOME categories* are presented below. Please add up the combined gross annual income of all persons in your household from all sources of income. In the blanks provided, write (yes) or (no) if your combined gross annual income is equal to or less than the, EXTREMELY LOW-INCOME, VERY LOW-INCOME, or LOW-INCOME amount for the number of persons in your household.

YES/NO
Adelanto: Emergency Food and Clothing Distribution -
Adelanto Community Resource (ACRC)
Adelanto Community Resource Center (ACRC)
11824 Air Expressway, Adelanto, CA 92301

BENEFICIARY QUALIFICATION STATEMENT
This form has the purpose of providing information needed to qualify the use of federal Community Development Block Grant (CDBG) funds for the project/activity described above. This statement must be completed and signed by the person (or legal guardian of the person) requesting to receive benefits from the described project/activity. Only one statement per person, per fiscal year is required (Fiscal Year begins July 1 and ends June 30). 7/1/2024
1 2 3 4 5 6 7 8
55,350 59,450 63,550 67,650
EXTREMELY LOW-INCOME 41,960 47,340 52,720
LIMIT ($)
21,550 24,600
VERY LOW-INCOME LIMIT 35,900 41,000
($)
46,100 51,250
27,700 31,200 36,580
88,600 95,150 101,650 108,250
*FY 2024 Income Limits Summary, released 5/1/2024.

Source: https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn LOW-INCOME LIMIT ($) 57,400 65,600 73,800 82,000
Exhibit 3(a) Page 1 of 2
169

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
11824 Air Expressway, Adelanto, CA 92301 Amendment No.:

3. Please indicate how you identify yourself by checking only one of the following choices:

Hispanic Non-Hispanic
White
Black/African American
American Indian/Alaskan Native
Asian
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native & White
Asian & White
Black/African American & White
American Indian/Alaskan Native & Black/African American Balance/Other

4. Please check whether you belong to a Female Headed Household: YES NO

ACKNOWLEDGMENT AND DISCLAIMER
NAME : DATE :

ADDRESS : CITY : ZIP :

SIGNATURE : PHONE :

5. Please describe the condition that would qualify you as being considered in one of the following presumed low- and moderate-income categories: abused child, battered spouse, elderly person, homeless person, disabled adult, illiterate person, or migrant farm worker:

I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE.

The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential.
(Description)
Adelanto: Emergency Food and Clothing
Distribution - Adelanto Community Resource (ACRC)
Adelanto Community Resource Center (ACRC) 7/1/2024
Exhibit 3(a) Page 2 of 2
170

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

Adelanto Community Resource Center (ACRC) X Original: Beginning 11824 Air Expressway, Adelanto, CA 92301 Amendment No.:

Conteste por favor a cada una de las preguntas siguientes. ¿Cuántas personas viven en su casa?

INGRESOS-ESTREMADO BAJOS

INGRESOS-MUY BAJOS

INGRESO-BAJOS
* Tomado de FY 2024 Resumen Límites de Ingresos:

INGRESOS-ESTREMADO
BAJOS ($)
INGRESO-BAJOS ($)
INGRESOS-MUY BAJOS ($) 35,900 41,000 46,100 51,250 59,450 63,550 31,200
55,350 67,650
41,960 47,340 52,720
Adelanto: Emergency Food and Clothing
Distribution - Adelanto Community Resource
Numero de Personas en su Hogar
Sí/No
ARACIÓN DE LA CALIFICACIÓN DEL BENEFICIARIO
Esta forma tiene el propósito de proporcionar la información necesaria para calificar el uso de los fondos federales del bloque del desarrollo de la comunidad (CDBG) para el proyecto/actividad descrito arriba. Esta declaración se debe llenar y firmar por la persona (o la tutela legal de la persona) que solicita para recibir beneficios del proyecto/actividad descrito. Solamente una declaración por persona, por año se requiere.

1. Esta pregunta le ayuda a determinar el tamaño de su casa. En esta pregunta un hogar es un grupo de personas relacionadas o sin relación que ocupan la misma casa por lo menos con un miembro que es la cabeza de la casa. Los inquilinos no se pueden incluir como miembros de la casa.

2. Esta pregunta explica si usted es de un hogar de ingresos bajos y moderados. Para esta pregunta, la lista de categorías de INGRESOS-ESTREMADO BAJOS, INGRESO-BAJOS *se presenta abajo. Sume por favor para arriba los ingresos brutos anuales combinados de todas las personas en su hogar y de todas las fuentes de los ingresos. En el espacio en blanco, escriba (sí) o (no) si su ingreso anual grueso combinado es igual o menos que la cantidad de INGRESOS-ESTREMADO BAJOS, INGRESOS-MUY BAJOS, INGRESO-BAJOS para el número de personas en su casa.
7/1/2024
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn 57,400 65,600 73,800 82,000 88,600 95,150 101,650 108,250 6 7 8
21,550 24,600 27,700
1 2 3 4 5
36,580
Exhibit 3(b) Page 1 of 2
171

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
11824 Air Expressway, Adelanto, CA 92301 Amendment No.:

3. Indique por favor cómo se identifica usted, marcando solamente una de las opciones siguientes:

Hispano No-Hispano
Blanco
Negro/Afro Americano
Indio Americano/Nativo de Alaska
Asiático
Nativo Hawaiano/Otra Isla del Pacífico
Indio Americano/Nativo de Alaska & Blanco
Asiático & Blanco
Negro/Afro Americano & Blanco
Indio Americano/Nativo de Alaska & Negro/Afro Americano Balance/Otro

4. Marque por favor si usted pertenece a un hogar encabezado femenino: Sí No RECONOCIMIENTO Y NEGACIÓN
NOMBRE: FECHA
DOMICILIO: CIUDAD : CODIGO :

FIRMA : TELEFONO :

5. Por favor describa la condición de que se calificaría como siendo considerado en una de las siguientes categorías de ingresos bajos y moderados presunta: niño abusado, maltratado cónyuge, persona de edad avanzada, personas sin hogar, adultos discapacitados, personas analfabetas, o trabajador agrícola migrante:

CERTIFICO BAJO PENA DE PERJURIO QUE LAS DECLARACIONES HECHAS EN ESTA FORMA, ACERCA DE LOS INGRESOS Y DE LAS CUENTAS DE LA CASA SON VERDADERAS.

La información que usted proporciona en esta forma es para los propósitos del programa de fondos del bloque del desarrollo de la comunidad (CDBG) solamente y será mantenida confidencial. (Description)
Adelanto: Emergency Food and Clothing
Distribution - Adelanto Community Resource
Adelanto Community Resource Center (ACRC) 7/1/2024
Exhibit 3(b) Page 2 of 2
172

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

Adelanto Community Resource Center (ACRC) X Original: Beginning 11824 Air Expressway, Adelanto, CA 92301 Amendment No.:

MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of A. Units of Service Provided and Description
Type of Service: Anticipated Units of Service

1. Emergency Food Distribution/Clothing/Etc., Distribution Goal/Mo.: Actual/Mo.:

Number of Persons
Count only as: Individual Persons
Extremely Low-Income: + Very Low-Income: + Low-Income:
= All Beneficiaries:

Non- NonRacial Identity Categories Hispanic Hispanic Hispanic Hispanic (a) (b) (c) (d)
White American Indian/Alaskan Native & White
Black/African American Asian & White
American Indian/Alaskan Native Black/African American & White Asian Amer. Indian/Alaskan Native & African Amer.

Native Hawaiian/Other Pacific Islander Balance/Other
Female Headed Households :

Signed : Title : Date :

Printed Name: Telephone No./Ext.
15 PART II: DIRECT BENEFIT REPORT
B. Monthly Beneficiary Count (may include persons previously counted during this grant/program year) Total number of beneficiaries (clients/participants) served this month:

Total of Racial Identity Categories: Add columns (a)+(b)+(c)+(d) from above. Match to “All Beneficiaries” total above:

Direct Benefit Statistics (Unduplicated first-time client counts since start of contract; taken from Exhibit 3, Beneficiary Qualification Statements) Enter the number of first-time program beneficiaries directly assisted this month Adelanto: Emergency Food and
Clothing Distribution - Adelanto
, 20
PART I: MONTHLY PROGRAM PROGRESS REPORT
In the space provided under each type of service listed below, summarize what your program has accomplished during this month. Include location, number of persons served, services/benefits provided, and a description of the clients served. Also report the number of “Units of Service” provided, as defined in the Project/Activity Description (Exhibit 1 of the agreement). Attach additional pages if needed.
7/1/2024
Exhibit 4 Page 1 of 1
173

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-2-05Z/3679
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

A New Public Service
OR
X An Expanded Service
Describe the expansion of the public service:

X
OR
X
X
X
X Is registered in the System for Awards management (SAM).

SIGNATURE: DATE:

NAME: TITLE:

Is not suspended or debarred from participating in federally funded contracts and sub awards.

CERTIFICATION OF CDBG FUNDED NEW OR EXPANDED SERVICE
Adelanto: Emergency Food and Clothing Distribution -
Adelanto Community Resource (ACRC)
Adelanto Community Resource Center (ACRC) 7/1/2024
11824 Air Expressway, Adelanto, CA 92301
Is conferred tax-exempt status by the Internal Revenue Service, pursuant to Section 501( c )(3) of the Internal Revenue Code; and,
This City of Adelanto certifies that the implementing organization:

The City of Adelanto certifies that the public service project described in these Attachments A & B and associated Exhibits is either:

A new public service is defined as a new service to your community which has not been previously funded through city funds.

An expanded public service is defined as a quantifiable increase in the level of an existing service which has been provided by the grantee or another entity on its behalf through State or local government funds in the 12 months preceding the CDBG contract year.

This expanded public service will result in an increase of 2% above the level which has been previously provided by or on behalf of the City of Adelanto This expanded public service will increase the scope of the service by adding (describe added or expanded activities) to a public service which has been previously provided by or on behalf of the City of…
Is a unit of local government (incorporated city, township, County department or district, community services district, school district, etc.), or a private non-profit entity incorporated in the State of California with “active” status; and,
Exhibit 5 Page 1 of 1
174

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Virginia Velis, Executive Assistant/Deputy City Clerk SUBJECT:

CONSIDERATION OF SUBRECIPIENT AGREEMENT WITH COMMUNITY

HEALTH ACTION NETWORK OF THE IE IN AN AMOUNT NOT TO EXCEED $9,696.00
STAFF RECOMMENDATION:

It is recommended that the City Council approve the subrecipient agreement with Community Health Action Network in an amount not to exceed $9,696.00 for the services provided.

BACKGROUND:

On February 14, 2024, the City Council approved Resolution No. 24-02 authorizing the allocations of CDBG funds to eligible projects for Fiscal Year 2024/2025. As part of this allocation, $48,486.00 of the funds were designated for Community Based Organizations (“CBOs”) for the aid and support of low to moderate income families. Community Health Action Network was selected to provide weekly Housing services to approximately 30 low to moderate income persons monthly in the City of Adelanto.

In order for the city to be reimbursed for the services provided by the CBOs, the County requires that an Independent Contractor Agreement be executed by the CBO and the City prior to any reimbursements being processed. Entering into the proposed agreements will ensure that the City is compliant with HUD and County requirements and that the services provided remain reimbursable. 175
FISCAL IMPACT:

There is no impact to the current Fiscal Year 2024/2025 budget. The City will receive 100% reimbursement from Federal CDBG funds in the amount of $9,696.00 for Community Health Action Network, for a total amount of $9,696.00.

ATTACHMENTS:

1. Community Health Action Network Agreement

2. CDBG A & B's - Adelanto Public Services for 2024-25 & Exhibits 176

Page 1 of 14 ends

SUBRECIPIENT CONTRACT
This Contract is made and entered into, by and between the City of Adelanto, hereinafter referred to as “CITY”, and Community Health Action Network, a non-profit organization, hereinafter referred to as “CONTRACTOR”.

WITNESSETH
WHEREAS, CITY has entered into a Contract with San Bernardino County (COUNTY) Department of Community Development and Housing, hereinafter referred to as “CDH”, to execute the CITY’s Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, CONTRACTOR desires to participate in the CITY’s CDBG program and is qualified by reason of experience, preparation, organization, staffing, and facilities to provide Utility Assistance services; and,
WHEREAS, on February 14, 2024, the Adelanto City Council held a Public Hearing to allocate the City’s Community Development Block Grant Funds for Fiscal Year 2024-2025. During the hearings, the City allocated $ 9,696.00 of CDBG funds to provide Utility Assistance program to 30 persons monthly in the City of Adelanto.

NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows:

1. SCOPE OF SERVICES
A full description of the services provided in this Contract is contained in Exhibit 1, PROJECT/ACTIVITY DESCRIPTION.

All beneficiaries of the program services shall be low- and moderate-income persons or households, as defined in Section 20, BENEFICIARY QUALIFICATION.

2. TIME OF PERFORMANCE
Said services of CONTRACTOR shall commence July 1, 2024, and shall be completed no later than June 30, 2025.

Page 2 of 14 ends

Changes in the grant allocation will be made after consultation with CONTRACTOR. Such changes shall be incorporated into this Contract by written amendments.

Page 3 of 14 ends

Any program income on-hand, when this Contract expires or received after such expiration, shall be paid to CITY.

Page 4 of 14 ends

Contract for such purpose. Where CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of CONTRACTOR, CITY may act to suspend the operation of this Contract for up to 60 days upon three day’s notice to CONTRACTOR of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revision made by CITY affect expenditures and legally binding commitments made by CONTRACTOR before it receives notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.

CITY reserves the right to disallow any purchase from any vendor of supplies, equipment, nonexpendable property or expendable property which is purchased in whole or in part with funds 180

Page 5 of 14 ends

Under CDBG regulations, the following clientele categories are presumed to be low- and moderateincome persons and can qualify for service regardless of income: abused children; battered 181

Page 6 of 14 ends

CITY, COUNTY, or any state or federal agency, may make additional audits or reviews, as necessary, to carry out the responsibilities of CONTRACTOR under city, county, state or federal 182

Page 7 of 14 ends

24. ASSIGNMENT
This Contract is not assignable by CONTRACTOR without the express written consent of CITY.

Any attempt by CONTRACTOR to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

Page 8 of 14 ends

or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatsoever.

Page 9 of 14 ends

32. INTENTIONALLY OMITTED

Page 10 of 14 ends

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.

Page 11 of 14 ends

CONTRACTOR shall complete and submit INSURANCE INVENTORY, along with the above required insurance documents.

38. INTENTIONALLY OMITTED

Page 12 of 14 ends

42. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:

City of Adelanto Community Health Action Network
11600 Air Expressway 15000 7th Street, Ste 208G
Adelanto, CA 92301 Victorville, CA 92395
Attn: Virginia Velis Attn: Cornelious Page
With a copy to:

Supervising Analyst
San Bernardino County
Community Development and Housing Department
560 E. Hospitality Lane, Suite 200
San Bernardino, CA 92415-0043

IN WITNESS WHEREOF, the parties have caused this Contract to be executed by the City of September 25, 2024, as of the day and year written below.

CITY OF Adelanto Community Health Action Network
By: By:

Jessie Flores, City Manager Cornelious Page Jr., Executive Director

Dated: _______________ Dated ________________
Federal ID Number or Social Security Number
:
______________________
188

Page 13 of 14 ends

ATTEST:

By: ___________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:

By: ___________________________
Todd Litfin, City Attorney
189

Page 14 of 14 ends

REPLACE WITH CDH ATTACHMENTS A & B (including Exhibits). 190

ATTACHMENT A- REQUEST TO INITIATE PROJECT/ACTIVITY
PROJECT/CASE NUMBER: DATE OF ORIGINAL ISSUE:

CFDA No: ORIGINAL: REVISION No.:

TARGET AREA: DATE OF REVISION:

WBSE CODE:

PROJECT/ACTIVITY TITLE:

ACTIVITY LOCATION:

TOTAL PROJECT FUNDING:

CITY CDBG ALLOCATION RELEASED:

CITY CDBG FUNDS PROJECTED TO BE EXPENDED AS OF 6/30/2024:

BALANCE OF FUNDS AVAILABLE:

DATE OF RELEASE OF FUNDS :

SCHEDULE OF CDBG ALLOCATION:

TOTAL OF
50 YEARS
SPACE RENT:

OTHER:

TOTAL CITY CDBG ALLOCATION AVAILABLE:

IMPLEMENTING CITY: DATE:

SIGNATURE: TITLE:

SAN BERNARDINO COUNTY
Carrie Harmon, Director, Community Development and Housing DATE Year 49 Year 50
(75-2019) (2019-20) (2020-21) (2021-22) (2022-23)
Year 1-44 Year 45 Year 46 Year 47 Year 48
ADEL-24-1-05Q/0296

50.60.0296.09
Adelanto: Emergency Assistance Program - Community Health Action Network (CHAN) 15000 7th Street, Suite 208G, Victorville, CA 92395
7/1/2024
7/1/2024
$9,696
CONSUMABLE SUPPLIES: $0 $7,562

CITY OF ADELANTO
I hereby acknowledge the receipt of the Request to Initiate the above Project/Activity and agree to implement the activity described in Attachment B (Project/Activity Description) in accordance with the above Allocation and Balance of Funds Available subject to necessary approvals of the Board of Supervisors. The proposed budget for this project is as follows:

MAINTENANCE AND OPERATION BUDGET/AGREEMENT: City of Adelanto

14.218
Pursuant to the terms of the Delegate Agency Agreement originally executed on 7/8/2014, (and most current renewal date 3/20/2023) between Community Development and Housing (CDH), and the City of Adelanto, CDH hereby requests that the following project/activity be initiated. There will be no changes in Project/Activity Title, Activity Budget (Attachment A) or in the Activity Description (Attachment B) without written approval.

X
City of Adelanto
$9,696
$9,696
$0
OTHER PERTINENT INFORMATION: City certifies all requests for reimbursement from CDH contain proof of payment, all supporting documentation for costs incurred and a Monthly Program Progress Report for the month being reported. $9,696
$0 $9,696 $9,696
$0
$0
CONSULTANT SERVICES:

CONTRACT SERVICES:

PERSONNEL EXPENSES:
$0
$0
$2,134

RENT/LEASE OR PURCHASE OF
EQUIPMENT:

ACCEPTANCE OF REQUEST TO INITIATE PROJECT/ACTIVITY
$0 $0 $0 $0 $0
B24UC060503
(2023-24) (2024-25)
191

ATTACHMENT B - PROJECT/ACTIVITY DESCRIPTION
PROJECT/CASE NUMBER : DATE OF ORIGINAL ISSUE:

CFDA No. : ORIGINAL: REVISION No.:

TARGET AREA : DATE OF REVISION:

PROJECT/ACTIVITY TITLE:

ACTIVITY LOCATION:

TIME OF PERFORMANCE: July 1, 2024 through June 30, 2025 IMPLEMENTING CITY: DATE:

SIGNATURE: TITLE:

SAN BERNARDINO COUNTY
Carrie Harmon, Director, Community Development and Housing ADEL-24-1-05Q/0296 7/1/2024

14.218 X
City of Adelanto 1/0/1900
DATE
SUSPENSION AND DEBARMENT: By entering this Contract, the City of Adelanto certifies that the Community Health Action Network (CHAN), including its principals, is not suspended or debarred from participating in federally funded contracts and sub-awards. The City may research the agency’s status online at the System for Award Management (SAM) website https://sam.gov/content/home ACTIVITY DESCRIPTION: The City of Adelanto will contract with CHAN to provide an Emergency Assistance Program. Such program will include direct support for basic utility bills (limited to 3 continous months) after completion of a financial literacy course. The program will be provided at 15000 7th Street, Suite 208G, Victorville, CA 92395. San Bernardino County Department of Community Development and Housing, herein after referred to as CDH, will reimburse the City of Adelanto in the amount not to exceed the “CDBG Allocation Released” on the Attachment A for the services necessary to implement this program. Federal, state, county and city rules and regulations will apply.

CHAN shall sign a contract with the City of Adelanto addressing the scope of service and the terms and conditions. The contract shall remain in effect during the period that the services are provided for which CDBG funds will be requested for reimbursement. The contract with CHAN shall comply with requirements listed in 24 CFR 570.503 including: Agreements with Subrecipients; Statement of Work; Records and Reports; Program Income; Uniform Administrative Requirements; Other Program Requirements; Conditions for Religious Organizations; Suspension and Termination; Reversion of Assets; and Exhibits 3(a) & 3(b) 1 of 2 and 2 of 2.

In addition, CHAN shall comply with all applicable regulations listed in the City-County Delegate Agency Agreement, No. 14-394, Attachment C, Section IV. City shall maintain monthly program reports and records on the services provided. CDBG funds cannot be used for entertainment, gifts or fund-raising activities. Reimbursement expenditures must be appropriately documented. City shall comply with conflict of interest provisions and shall not exclude any person from funded programs on the grounds of race, sex, creed, color, religion or national origin.

A “Unit of Service” is defined as each person attending an outreach and/or program activity, in a given month. The number of clients times the total number of program activities per month will reflect the total units of service which results in the measureable outcome. The measurable outcome will be recorded on Part I: Monthly Program Progress Report, Exhibit 4, and the number of unduplicated first-time clients (persons) who participated in the program during the fiscal year will be recorded on Part II: Direct Benefit Report, Exhibit 4.

Adelanto: Emergency Assistance Program - Community Health Action Network (CHAN) 15000 7th Street, Suite 208G, Victorville, CA 92395

CITY OF ADELANTO
192

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

SERVICES :

TIME OF PERFORMANCE:

PROGRAM PARTICIPANT PERFORMANCE STANDARDS:

OPERATIONS:

CHAN will provide Financial Literacy and Assistance Services from their location at 15000 7th Street, Suite 208G, Victorville, CA 92395.

Adelanto: Emergency Assistance Program - Community
Health Action Network (CHAN)
Community Health Action Network (CHAN)

PROJECT/ACTIVITY DESCRIPTION
In addition to units of service, CHAN will report unduplicated client counts on the Monthly Program Progress/Direct Benefit Report, Exhibit 4.

July 1, 2024 through June 30, 2025
The City of Adelanto will contract with Community Health Action Network (CHAN) to provide an Emergency Assistance Program. Such program will include direct support for basic utility bills (limited to 3 continous months) after completion of a financial literacy course to approximately 13 low-and moderate-income persons/households in the City of Adelanto and surrounding communities.

A unit of service is defined as one person/head of household participating in one financial literacy session.

Each person receiving one session will count as one unit of service. Also, each person receiving one session of financial assistance will count as one unit of service. We are not counting items received, only the sessions of receiving. If the same head of household participates in a daily or weekly session, they will be counted for every session as units of service for the month. CHAN will report units of service on the Part I:

Monthly Program Progress Report, Exhibit 4.

CDBG Activity: Financial Literacy and Assistance Services to approximately 13 unduplicated low-and moderate-income households are expected to participate.

Measurable Outcome: Units of Service, to be reported on Part I: Monthly Program Progress Report, Exhibit

4. UNITS OF SERVICE:
7/1/2024
15000 7th Street, Suite 208G
Victorville, CA 92395
Exhibit 1 Page 1 of 1
193

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

1. 2.

3. 4.

5. July 1, 2024 through June 30, 2025
Special Instructions or Restrictions:

Projected Expenses
$2,134
$0
A. Budget Items
Personnel
Consultant/Contract Services (Auditing, Accounting or Payroll Services) Victorville, CA 92395
City will submit a final request for reimbursement for the program year no later than July 15, 2025. After July 31, 2025, any balance remaining in this project may be reprogrammed.

Total Sources of Funding:

Total Budget:

B. Sources of Funding
Other (Utilities, Land-line Phones, Cellular Phones, Internet Service, Postal Services, Security Clearances, Approved Subsidies/Scholarships, Administrative and Indirect Costs)
Amount of Revenue
$0
$9,696
$7,562
7/1/2024
Adelanto: Emergency Assistance Program - Community
Health Action Network (CHAN)
Community Health Action Network (CHAN)
15000 7th Street, Suite 208G
For programs with multiple funding sources, administrative and indirect costs charged to this grant must be determined using the City’s approved Cost Allocation Plan. To be approved by CDH before submittal. $0
$0
Consumable Supplies
Rental, Lease, or Purchase of Equipment
Insurance
$0
$0
$0
Travel
Space Rent

BUDGET SUMMARY
Exhibit 2 Page 1 of 1
194

COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

Please answer each of the following questions.

How many persons are in your household?

EXTREMELY LOW-INCOME

VERY LOW-INCOME

LOW-INCOME
LOW-INCOME LIMIT ($) 57,400 65,600 73,800 82,000
Number of Persons in Your Household

YES/NO
Adelanto: Emergency Assistance Program -
Community Health Action Network (CHAN)
Community Health Action Network (CHAN)
15000 7th Street, Suite 208G

Only one statement per person, per fiscal year is required (Fiscal Year begins July 1 and ends June 30). 7/1/2024
Victorville, CA 92395
1 2 3 4 5 6 7 8
55,350 59,450 63,550 67,650
41,960 47,340 52,720
*FY 2024 Income Limits Summary, released 5/1/2024.

Source: https://www.huduser.gov/portal/datasets/il.html#year2024 46,100 51,250
EXTREMELY LOW-INCOME 27,700 31,200 36,580
LIMIT ($)
21,550 24,600
VERY LOW-INCOME LIMIT 35,900 41,000
($)
88,600 95,150 101,650 108,250
Exhibit 3(a) Page 1 of 2
195

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

3. Please indicate how you identify yourself by checking only one of the following choices:

4. Please check whether you belong to a Female Headed Household: YES NO

ACKNOWLEDGMENT AND DISCLAIMER
NAME : DATE :

ADDRESS : CITY : ZIP :

SIGNATURE : PHONE :

I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE.

The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential.
(Description)
Adelanto: Emergency Assistance Program -
Community Health Action Network (CHAN)
Community Health Action Network (CHAN) 7/1/2024
15000 7th Street, Suite 208G
Victorville, CA 92395
Exhibit 3(a) Page 2 of 2
196

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

Conteste por favor a cada una de las preguntas siguientes. ¿Cuántas personas viven en su casa?

INGRESOS-ESTREMADO BAJOS

INGRESOS-MUY BAJOS

INGRESO-BAJOS
* Tomado de FY 2024 Resumen Límites de Ingresos:

INGRESOS-ESTREMADO
BAJOS ($)
INGRESO-BAJOS ($)
INGRESOS-MUY BAJOS ($) 35,900 41,000 46,100 51,250 59,450 63,550 31,200
55,350 67,650
41,960 47,340 52,720
Adelanto: Emergency Assistance Program -
Community Health Action Network (CHAN)
Community Health Action Network (CHAN)
Numero de Personas en su Hogar
Sí/No
ARACIÓN DE LA CALIFICACIÓN DEL BENEFICIARIO
Esta forma tiene el propósito de proporcionar la información necesaria para calificar el uso de los fondos federales del bloque del desarrollo de la comunidad (CDBG) para el proyecto/actividad descrito arriba. Esta declaración se debe llenar y firmar por la persona (o la tutela legal de la persona) que solicita para recibir beneficios del proyecto/actividad descrito. Solamente una declaración por persona, por año se requiere.

2. Esta pregunta explica si usted es de un hogar de ingresos bajos y moderados. Para esta pregunta, la lista de categorías de INGRESOS-ESTREMADO BAJOS, INGRESO-BAJOS *se presenta abajo. Sume por favor para arriba los ingresos brutos anuales combinados de todas las personas en su hogar y de todas las fuentes de los ingresos. En el espacio en blanco, escriba (sí) o (no) si su ingreso anual grueso combinado es igual o menos que la cantidad de INGRESOS-ESTREMADO BAJOS, INGRESOS-MUY BAJOS, INGRESO-BAJOS para el número de personas en su casa.
7/1/2024
15000 7th Street, Suite 208G
Victorville, CA 92395
https://www.huduser.gov/portal/datasets/il.html#year2024 57,400 65,600 73,800 82,000 88,600 95,150 101,650 108,250 6 7 8
21,550 24,600 27,700
1 2 3 4 5
36,580
Exhibit 3(b) Page 1 of 2
197

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

3. Indique por favor cómo se identifica usted, marcando solamente una de las opciones siguientes:

4. Marque por favor si usted pertenece a un hogar encabezado femenino: Sí No RECONOCIMIENTO Y NEGACIÓN
NOMBRE: FECHA
DOMICILIO: CIUDAD : CODIGO :

FIRMA : TELEFONO :

CERTIFICO BAJO PENA DE PERJURIO QUE LAS DECLARACIONES HECHAS EN ESTA FORMA, ACERCA DE LOS INGRESOS Y DE LAS CUENTAS DE LA CASA SON VERDADERAS.

La información que usted proporciona en esta forma es para los propósitos del programa de fondos del bloque del desarrollo de la comunidad (CDBG) solamente y será mantenida confidencial. (Description)
Adelanto: Emergency Assistance Program -
Community Health Action Network (CHAN)
Community Health Action Network (CHAN) 7/1/2024
15000 7th Street, Suite 208G
Victorville, CA 92395
Exhibit 3(b) Page 2 of 2
198

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

Community Health Action Network (CHAN) X Original: Beginning 15000 7th Street, Suite 208G Amendment No.:

Victorville, CA 92395
MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of A. Units of Service Provided and Description
Type of Service: Anticipated Units of Service

1. Financial Literacy Session Goal/Mo.: Actual/Mo.:

2. Financial Assistance Goal/Mo.: Actual/Mo.:

Number of Persons
Count only as: Individual Persons
Extremely Low-Income: + Very Low-Income: + Low-Income:
= All Beneficiaries:

Native Hawaiian/Other Pacific Islander Balance/Other
Female Headed Households :

Signed : Title : Date :

Printed Name: Telephone No./Ext.

Adelanto: Emergency Assistance Program - Community Health 1 PART II: DIRECT BENEFIT REPORT
B. Monthly Beneficiary Count (may include individual persons previously counted during this grant/program year) Total number of beneficiaries (clients/participants) served this month:

Total of Racial Identity Categories: Add columns (a)+(b)+(c)+(d) from above. Match to “All Beneficiaries” total above:

Direct Benefit Statistics (Unduplicated first-time client counts since start of contract; taken from Beneficiary Qualification Statement forms) Enter the number of first-time program beneficiaries directly assisted this month 7/1/2024
, 20
PART I: MONTHLY PROGRAM PROGRESS REPORT
In the space provided under each type of service listed below, summarize what your program has accomplished during this month. Include location, number of persons served, services/benefits provided, and a description of the clients served. Also report the number of “Units of Service” provided, as defined in the Project/Activity Description (Exhibit 1 of the agreement). Attach additional pages if needed.
1 Exhibit 4 Page 1 of 1
199

SAN BERNARDINO COUNTY COMMUNITY DEVELOPMENT AND HOUSING Project/ Activity Title: PROJECT/CASE NUMBER :

ADEL-24-1-05Q/0296
Name/Address of Contract Agency: Date of Issue:

X Original: Beginning
Amendment No.:

X A New Public Service
OR
An Expanded Service
Describe the expansion of the public service:

OR
X
X
X
X Is registered in the System for Awards management (SAM).

SIGNATURE: DATE:

NAME: TITLE:

Is not suspended or debarred from participating in federally funded contracts and sub awards.

CERTIFICATION OF CDBG FUNDED NEW OR EXPANDED SERVICE
Adelanto: Emergency Assistance Program -
Community Health Action Network (CHAN)
Community Health Action Network (CHAN) 7/1/2024
15000 7th Street, Suite 208G
Is conferred tax-exempt status by the Internal Revenue Service, pursuant to Section 501( c )(3) of the Internal Revenue Code; and,
The City of Adelanto certifies that the implementing organization:

The City of Adelanto certifies that the public service project described in these Attachments A & B and associated Exhibits is either:

A new public service is defined as a new service to your community which has not been previously funded through city funds.

Is a unit of local government (incorporated city, township, County department or district, community services district, school district, etc.), or a private non-profit entity incorporated in the State of California with “active” status; and,
Victorville, CA 92395
Exhibit 5 Page 1 of 1
200

CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: September 25, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Virginia Velis, Executive Assistant/Deputy City Clerk SUBJECT:

CONSIDERATION OF SUBRECIPIENT AGREEMENT WITH HIGH DESERT OUTREACH CENTER IN AN AMOUNT NOT TO EXCEED $9,696.00
STAFF RECOMMENDATION:

It is recommended that the City Council approve the subrecipient agreement with High Desert Outreach Center, in an amount not to exceed $9,696.00 for the services provided.

BACKGROUND:

On February 14, 2024, the City Council approved Resolution No. 24-02 authorizing the allocations of CDBG funds to eligible projects for Fiscal Year 2024/2025. As part of this allocation, $48,486.00 of the funds were designated for Community Based Organizations (“CBOs”) for the aid and support of low to moderate income families. The High Desert Outreach Center was selected to provide weekly food distribution to approximately 80 low to moderate income households in Adelanto and the surrounding area.

In order for the City to be reimbursed for the services provided by the CBOs, the County requires that an Independent Contractor Agreement be executed by the CBO and the City prior to any reimbursements being processed. Entering into the proposed agreements will ensure that the City is compliant with HUD and County requirements and that the services provided remain reimbursable. 201
FISCAL IMPACT:

There is no impact to the current Fiscal Year 2024/2025 budget. The City will receive 100% reimbursement from Federal CDBG funds in the amount of $9,696.00 for the High Desert Outreach Center, for a total amount of $9,696.00.

ATTACHMENTS:

1. High Desert Outreach Center Agreement

2. CDBG A & B's - Adelanto Public Services for 2024-25 & Exhibits 202

SUBRECIPIENT CONTRACT
This Contract is made and entered into, by and between the City of Adelanto, hereinafter referred to as “CITY”, and High Desert Outreach Center, a non-profit organization, hereinafter referred to as “CONTRACTOR”.

WITNESSETH
WHEREAS, CITY has entered into a Contract with San Bernardino County (COUNTY) Department of Community Development and Housing, hereinafter referred to as “CDH”, to execute the CITY’s Community Development Block Grant (CDBG) program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, CONTRACTOR desires to participate in the CITY’s CDBG program and is qualified by reason of experience, preparation, organization, staffing, and facilities to provide Food Distribution services; and,
WHEREAS, on February 14, 2024, the Adelanto City Council held a Public Hearing to allocate the City’s Community Development Block Grant Funds for Fiscal Year 2024-2025. During the hearings, the City allocated $ 9,696.00 of CDBG funds to provide Food Distribution program(s) to 50 to 80 households monthly in the City of Adelanto.

NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows:

1. SCOPE OF SERVICES
A full description of the services provided in this Contract is contained in Exhibit 1, PROJECT/ACTIVITY DESCRIPTION.

All beneficiaries of the program services shall be low- and moderate-income persons or households, as defined in Section 20, BENEFICIARY QUALIFICATION.

2. TIME OF PERFORMANCE
Said services of CONTRACTOR shall commence July 1, 2024, and shall be completed no later than June 30, 2025.

Page 1 of 14 ends

Adelanto City CouncilSeptember 25, 2024

Adelanto City Council
September 25, 2024