Agenda packet — Mayor and City Council, May 3, 2023 (part 2 of 8)

AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only)

CHECK ONLY ONE CATEGORY AND COMPLETE ONLY THAT SECTION
CATEGORY 1: An individual or family: (must have income 30% below AMI, lack sufficient resources and meets one of the following risk factors
□ Has an annual income below 30% of AMI (must have documentation of income eligibility); and □ Lacks sufficient resources or support networks immediately available to prevent homelessness (must complete Self-Certification Form or provide documentation when practical such as termination notice, Unemployment compensation statement, bank statement, healthcare/Utility bill showing arrears).

AND meets ONE of the following risk factors with acceptable documentation:

Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 478
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
7 CATEGORY 1: (continued)
To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient’s or subreciepient’s intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient’s or subrecipient’s intake staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient’s or subrecipient’s intake staff describing the efforts taken to obtain the required evidence.
□ RISK 1: Persistent housing instability – has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria):
□ Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate).
□ RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria):
□ Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appropriate); and □ Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). □ RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria):
□ If tenant/homeowner: eviction notice, court order to leave within 21 days; or □ If living with another (doubled up): eviction letter from tenant/homeowner. □ Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria):
□ Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and
DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 479
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
8 CATEGORY 1: (continued)
□ Cost have not covered by charitable organization or government program: documentation – cancelled check.
□ RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following). □ Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor’s Office, Intake Observation. □ RISK 6: Exiting publicly funded institution or system of care (must document the following):
□ Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter □ RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example:
being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include):
□ Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing.

CATEGORY 2: Unaccompanied Children and Youth
□ A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal Statute (must document the following):
□ Written Verification of Homeless Status must be provided by agency administering applicable Federal program.

CATEGORY 3: Families with Children and Youth
□ An unaccompanied youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) or that child or youth if living with him or her (must document the following):
□ Must have documentation of homeless status, which may be a letter or referral provided by the agency administering the Federal Program AND must confirm family/guardian is residing with children/youth.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 480
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
9 ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form:
_________________________________________________________________________________________ __________________________________________________________________________________________ If self-certification was used, describe efforts to obtain third party certification:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 481
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
10 Verification Tracking of Income
Head of Household: _______________________________________________ Date: _____________ □ Intake/Screening □ Three-month Certification
Agencies must record all attempts to obtain required verification in the order specified:

Step 1: Third Party Source: Were verification documents provided by the client? □ Yes - Complete Income Calculation Worksheet to determine eligibility □ No – Proceed to Third Party Written (Provide Explanation). Go to Step 2 If income could not be verified by Step 1
Step 2: Third-Party Written: Request verification of income from stated income source(s).

Date of Written Request: ______________________ (Retain copy of Request in Client’s File) □ Documents received within 10 business days – Complete Income Calculation Worksheet. □ Documents not received within 10 business days – Proceed to Third-Party Oral. Go to Step 3, If Income could not be verified in Step 2.

Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information.

Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If sufficient income information is provided, complete Income Calculation Worksheet to determine Eligibility.

Otherwise, proceed to Step 4, Self-Certification.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 482
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
11 Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and

3. □ I certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge.

Source: _________________________________ Amount: _______________________ Frequency: _________ Source: _________________________________ Amount: _______________________ Frequency: _________ □ I certify, under penalty of perjury, that I do not have income from any source at this time. This is true and correct to best of my knowledge.

Client Signature: _______________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 483
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
12 Self-Certification Form
Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility.

This section is to be completed by the applicant/participants Date: ________________________________
Name of Head of Household:
___________________________________________________________________ Unit Address:
__________________________________________________________________________________________ Street Address Apt# City State Zip Code
If no address, City of Homelessness: ______________________________________________________ Telephone Number: (_________)__________-__________________ Email Address: ___________________________________________________________ Self-Certification of: □ Lack of sufficient financial resources and/or support networks and subsequent residence has been identified; □ Fleeing Domestic Violence; □ Living on street or in shelter; □ Exiting from institution; □ Other
Please Describe:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 484
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
13 Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided.

Signature: __________________________________________________________ Date: __________ Witness: ____________________________________________________________ Date: __________ Warning: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any department or Agency of the United States as to any matter within the jurisdiction.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 485
EXHIBIT "F"
FORMS
[Behind this page.]
DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 486
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
1 Homeless Certification Form
Emergency Shelter and/or Rapid Re-Housing
ESG Household Name: ____________________________________ Date: ____________________ This is certify the above individual or household is currently homeless based on the category checked and required documentation. THE GENERAL HOMELESS CERTIFICATION MUST BE COMPLETED FOR EACH HOUSEHOLD.

Chronically Homeless Certification
Chronically Homeless: (if chronically homeless, the General Homeless Certification must also be completed) □ Client not chronically Homeless.
□ Individual or family:

1. Homeless and lives or resides in a place not meant for human habitation, a safe haven or in an emergency shelter; or

2. Has been homeless living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last three years; and

3. Has an adult head of Household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions.

CATEGORY 1: Literally Homeless
□ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

1. Has a primary nighttime residence that is a public or private place not meant for habitation; or

2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs).

To certify homeless status for the above, must provide documentation of 1 of the following:
□ Written Observation by the Outreach Worker; or
□ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form)
□ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 487
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
2 CATEGORY 1: Literally Homeless (continued)

3. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or
□ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form).

CATEGORY 2: Imminent Risk of Homelessness
□ Individual or family who will imminently lose their primary nighttime residence, provided that:

1. Residence will be lost with 14 days of the date of application for homeless assistance;

2. No subsequent residence has been identified; and

3. The individual or family lacks the resources of support networks needed to obtain other permanent housing.

Documentation must include ONE of the following:
□ A court order resulting from an eviction action notifying the individual or family that they must leave; or
□ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (Self-Certification Form); or
□ A documented and verified oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use self-certification form) In addition to one of the above, documentation must include BOTH of the following:
□ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form).

CATEGORY 3: Homeless under Other Federal Statutes
□ Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:

1. Are defined as homeless under this listed federal statutes;

2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application;
DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 488
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
3 CATEGORY 3: Homeless under Other Federal Statutes (continued)

3. Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; AND

4. Can be expected to continue in such status for an extended period of time due to special needs and barriers.

Documentation must include ALL of the following:
□ Certification by non-profit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; AND □ Certification of no public housing in the last 60 days; AND □ Certification by the individual or head of household, and any available supporting documentation, that he has moved 2 or more times in the past 60 days; AND □ Documentation of special needs or 2 or more barriers.

CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence □ Any individual or family who:

1. Is fleeing, or is attempting to flee, domestic violence.

2. Has no other residence; AND

3. Lacks the resources or support network to obtain other permanent housing. Documentation required.

For victims service providers:
□ An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and the lack resources. Statement must be documented by a self-certification (Self-Certification Form) or a certification by the intake worker.

For non-victim service providers (must document ALL of the following):
□ An oral statement by the individual or head of household seeking assistance that they are fleeing.

This statement is documented by self-certification (Self-Certification Form) or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and □ Certification by the individual or head of household that no subsequent residence has been identified (Self-Declaration Form); and
□ Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing (Self-Certification Form) Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: ______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 489
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
4 At Risk of Homelessness Certification Form
Homeless Prevention
ESG Household Name: ____________________________________________ Date: ______________ This is to certify the above individual or household is currently at risk of homelessness based on the category checked and required documentation. Check only one Category and complete only that section CATEGORY 1: Literally Homeless (Eligible for Rapid Re-Housing Assistance Only) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

1. Has a primary nighttime residence that is a public or private place not meant for habitation; or

1. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or
□ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form).

CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) □ Individual or family, who will imminently lose their primary nighttime residence, provided that:

1. Residence will be lost within 14 days of the date of application for homeless assistance;

2. No subsequent residence has been identified; and

3. The individual or family lacks the resources or support networks needed to obtain other permanent housing.

4. Has an annual income below 30% of AMI.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 490
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
5 CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) {Continued} Documentation must include ALL of the following:
□ A court order resulting from an eviction action notifying the individual or family that they must leave; or
□ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (use Self-Certification form) or
□ An oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or
□ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use Self-Certification form) In addition to one of the above, documentation must include BOTH of the following:
□ Has an annual income below 30% of AMI (must have documentation □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form).

CATEGORY 3: Homeless under Other Federal Statutes
Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application;
(iii) Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers.

Documentation must include all of the following:

Certification by the nonprofit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; and Certification of no public housing in the last 60 days; and Certification by the individual or head of household, and any available supporting documentation, that (s)he has moved 2 or more times in the past 60 days; and Documentation of special needs or 2 or more barriers.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 491
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
6 CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and
(iii) Lacks the resources or support networks to obtain other permanent housing Documentation required:

For victim service providers:

An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and they lack resources. Statement must be documented by a self-certification (Form No. 5) or a certification by the intake worker.

For non-victim service provider (must document all of the following):

Oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by a self-certification (Form No. 5) or by the caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and Certification by the individual or head of household that no subsequent residence has been identified (use Self-Certification form); and
Self-certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing.

AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only)

AND meets ONE of the following risk factors with acceptable documentation:

Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 492
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
7 CATEGORY 1: (continued)
To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient’s or subreciepient’s intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient’s or subrecipient’s intake staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient’s or subrecipient’s intake staff describing the efforts taken to obtain the required evidence.
□ RISK 1: Persistent housing instability – has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria):
□ Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate).
□ RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria):
□ Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appropriate); and □ Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). □ RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria):
□ If tenant/homeowner: eviction notice, court order to leave within 21 days; or □ If living with another (doubled up): eviction letter from tenant/homeowner. □ Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria):
□ Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and
DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 493
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
8 CATEGORY 1: (continued)
□ Cost have not covered by charitable organization or government program: documentation – cancelled check.
□ RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following). □ Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor’s Office, Intake Observation. □ RISK 6: Exiting publicly funded institution or system of care (must document the following):
□ Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter □ RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example:
being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include):
□ Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 494
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
9 ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form:
_________________________________________________________________________________________ __________________________________________________________________________________________ If self-certification was used, describe efforts to obtain third party certification:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 495
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
10 Verification Tracking of Income
Head of Household: _______________________________________________ Date: _____________ □ Intake/Screening □ Three-month Certification
Agencies must record all attempts to obtain required verification in the order specified:

Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information.

Otherwise, proceed to Step 4, Self-Certification.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 496
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
11 Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and

3. □ I certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge.

Client Signature: _______________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 497
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
12 Self-Certification Form
Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility.

This section is to be completed by the applicant/participants Date: ________________________________
Name of Head of Household:
___________________________________________________________________ Unit Address:
__________________________________________________________________________________________ Street Address Apt# City State Zip Code
If no address, City of Homelessness: ______________________________________________________ Telephone Number: (_________)__________-__________________ Email Address: ___________________________________________________________ Self-Certification of: □ Lack of sufficient financial resources and/or support networks and subsequent residence has been identified; □ Fleeing Domestic Violence; □ Living on street or in shelter; □ Exiting from institution; □ Other
Please Describe:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 498
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
13 Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 499

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT
By and Between the

CITY OF SAN BERNARDINO
and

INLAND FAIR HOUSING AND MEDIATION BOARD
DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 500

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

THIS COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
AGREEMENT (this “Agreement”), dated for purposes of identification as of March 15, 2023 (the “Date of Agreement”), is made and entered into by and between CITY OF SAN BERNARDINO, a municipal corporation and charter city (the “City”), and INLAND MEDIATION BOARD, a California nonprofit public benefit corporation, d/b/a Inland Fair Housing And Mediation Board (the “Subrecipient”).

RECITALS
A. The City is the recipient of funds (the “CDBG Funds”) from the United States Department of Housing and Urban Development (“HUD”) under the Community Development Block Grant (“CDBG”) Program for Fiscal Year 2022-2023.

B. Subrecipient is eligible to receive, and has submitted an application to receive, a subgrant of CDBG funds for Fiscal Year 2022-2023 to defray certain operational costs for providing certain services to the community (hereinafter defined as “Subrecipient’s Services”).

C. Subrecipient’s application for a subgrant of CDBG Funds was approved by the City Council of the City, subject to (i) approval by HUD of the City’s CDBG Application for Fiscal Year 2022-2023, and (ii) the execution by the City and Subrecipient of an agreement containing substantially the terms and conditions set forth in this Agreement.

D. Subsequent to the City’s approval of Subrecipient’s application, HUD approved the City’s CDBG Application for Fiscal Year 2022-2023.

E. The City and the Subrecipient (each, a “Party” and jointly, the “Parties”) desire to enter into this Agreement so that Subrecipient may receive a grant of a portion of the CDBG Funds in consideration for the provision of Subrecipient’s Services to the City and the community.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE SUBRECIPIENT AGREE AS FOLLOWS:

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 501
2 CONTACT INFORMATION
City of San Bernardino:

Community and Economic Development
Department
Charles E. McNeely
Title: Interim City Manager
Address: 201 North E Street
City: San Bernardino
State, CA Zip: 92401
Telephone: 909-384-7258
Subrecipient Organization:

Inland Mediation Board, a California
non- profit public benefit
corporation, d/b/a Inland Fair
Housing and Mediation Board
By: Carmen I. Garcia
Title: President and Chief Executive Officer
Address: 1500 S. Haven Ave, Ste 100
City: Ontario
State: CA Zip: 91761
Telephone: 909 984-2254 x 153
CFDA Number and Name: 14.218 Community Development Block Grant (CDBG) Federal Award Date:
(The date when the federal award is signed by the authorized official of the federal awarding agency.)
CDBG Funds Obligated IDIS Activity: #
Program Year: 2022-2023
Amount: $73,000.00
Total Amount of CDBG Funds Obligated: $
DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 502
3 Definitions.

The following capitalized terms used in this Agreement shall have the following meanings:
“Agreement” means this Community Development Block Grant Subrecipient Agreement by and between the City and the Subrecipient.
“Budget” means the budget supplied by Subrecipient which (i) specifies how Subrecipient proposes that the Subgrant Proceeds be allocated among the following permitted uses: Rehabilitation Construction Costs, Construction Soft Costs and Administrative Costs, and (ii) is attached hereto as Exhibit B and incorporated herein by this reference.
“CDBG” is defined in Recital A hereof.
“CDBG Funds” is defined in Recital A hereof.
“CFR” means the Code of Federal Regulations.
“City” is defined in the initial paragraph of this Agreement and includes any assignee of or successor to the rights, powers and responsibilities of the City. The Director of the Department of Community and Economic Development of the City of San Bernardino, or such person’s designee (hereinafter defined as the “City’s Representative”) shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act on behalf of the City unless this Agreement specifically provides otherwise or the context should otherwise require. “City’s Representative” means the Executive Director of the City’s Community Development Department, or such person’s designee.
“Costs” means the supplies and materials necessary to provide Subrecipient’s Services, including, without limitation, mileage and telephone costs. “Covenants Re: Use of Federal Funds” means those additional covenants of Subrecipient required due to the federal source of the Subgrant Proceeds which are attached hereto as Exhibit C and incorporated herein by this reference.
“Default” is defined in Section 6.1 hereof.
“Eligible Household” refers to low income households, whose gross annual income may not exceed the low-income limits defined as up to 80 percent of the San Bernardino County area median income (AMI) adjusted for household size and determined annually by the U.S. Department of Housing and Urban Development (HUD).
“HUD” is defined in Recital A hereof.
“Maximum Amount of Subgrant” means $73,000.00.
“Parties” is defined in Recital E hereof.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 503
4 “Program Income” means gross income received by Subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. See Exhibit D attached hereto and 24 CFR § 570.500(a) for a more detailed description of Program Income. “Progress Reports” is defined in Section 2 of the Scope of Services. “Salary and Benefits” means the reasonable salary and benefits to be paid by Subrecipient to Staff.
“Scope of Services” means the description of the Subrecipient’s Services that is attached hereto as Exhibit A and incorporated herein by this reference. “Staff” means each of the persons, individually, and all of the persons, collectively, hired by the Subrecipient to provide Subrecipient’s Services under this Agreement. “Subgrant” is defined in Section 1.1 hereof.
“Subgrant Proceeds” means the proceeds of the Subgrant. “Subrecipient” is defined in the initial paragraph of this Agreement. The Subrecipient’s Representative shall represent Subrecipient in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by Subrecipient, the Subrecipient’s Representative is authorized to act on behalf of Subrecipient unless this Agreement specifically provides otherwise or the context should otherwise require. “Subrecipient’s Representative” means President, and Chief Executive Officer, Carmen I. Garcia.
“Subrecipient’s Services” means the services provided by Subrecipient pursuant to this Agreement and includes, but is not limited to, the provision of the services set forth in the Scope of Services.
“Rehabilitation Costs” means costs associated with the completion of City approved projects as outlined in Exhibit A.
“Term” is defined in Section 3 hereof.
“Term Expiration Date” means [June 30, 2023]
Section 1. Subgrant.

1.1 Maximum Amount of Subgrant. It is expressly agreed and understood that the total amount to be paid by the City under this agreement shall not exceed $73,000. The dollar amount stated in the preceding sentence may be increased by written amendment of the Agreement, signed by an authorized representative of Subrecipient and the Director.

1.2 Budget. Subrecipient has submitted a budget (based upon estimated costs and administrative costs per Section 1.3 hereof) to the City for approval which sets forth the estimated use of the CDBG funds contributed by the City pursuant to this agreement. The Budget is attached hereto DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 504
5 as Exhibit B. Any amendments to an approved budget for the Services must be approved by the City’s Director or his authorized designee. The City may require a more detailed line item breakdown of the Budget than the one contain herein, and the. Subrecipient shall provide each supplementary information about the Budget in a timely fashion in the form and content prescribed by the City.

1.3 Reimbursement of Rehabilitation and Project Management Costs. City shall reimburse Subrecipient for Costs actually disbursed pursuant to this Agreement and in accordance with the approved Scope of Services. City’s payment obligations shall be limited to the actual amount of Costs disbursed by the Subrecipient in accordance with the terms of this Agreement and the approved Budget.

1.4 Requests for Payment. To receive each payment under this agreement, Subrecipient shall submit to the City a written reimbursement request or invoice in a form approved by the City, along with such supporting documentation as may be requested by the City to verify Subrecipient’s performance of the Services for which payment is requested. Payments will be adjusted by the City in accordance with fund advances, if any, and program income balances available in Subrecipient accounts.

1.5 Fiscal Limitations. The United States of America, through HUD, may in the future place programmatic or fiscal limitations on CDBG Funds not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of such actions. In the event of funding reduction, the City may reduce the budget for this Agreement as a whole or may limit the rate by which Subrecipient receives the Subgrant for providing Subrecipient’s Services. If HUD directs the City to implement a reduction in funding, the City’s Representative may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. Where the City’s Representative has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Agreement of Subrecipient, the City’s Representative may act for the City in suspending the operation of this Agreement for up to sixty (60) days upon three (3) days’ notice to Subrecipient of the City’s intention to so act, pending an audit or other resolution of such questions.

1.6 Programs Utilizing Multiple Funding Sources. For programs in which there are sources of funds in addition to CDBG Funds, Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided for in this Agreement relative to accounting, budgeting and reporting apply to the total program regardless of funding sources.

1.7 Use of Subgrant Proceeds. Subrecipient shall use the Subgrant Proceeds to pay for (i) Salary and Benefits, and (ii) Costs, only and for no other purpose.

1.8 Use of Federal Funds. Subrecipient acknowledges and agrees that the Subgrant is funded from CDBG Funds allocated to the City by the United States of America through HUD.

Accordingly, Subrecipient hereby provides to the City those covenants set forth in the Covenants Re:

Use of Federal Funds.

Section 2. Subrecipient’s Services.

2.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Subrecipient shall provide the Subrecipient’s Services, as more fully set forth in the Scope DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 505
6 of Services, Exhibit A. Subrecipient represents and warrants that all Subrecipient’s Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

2.2 Agreement and Provision of Services Nonexclusive. Subrecipient acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services.

2.3 Time for Performance. Time is of the essence in the performance of this Agreement.

Subrecipient shall perform and complete all of Subrecipient’s Services in a timely and expeditious manner.

Subrecipient shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that Subrecipient has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause.

2.4 Subrecipient’s Proposal. The Scope of Services shall include the Subrecipient’s proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

2.5 Compliance with Law. Subrecipient’s Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction.

2.6 Licenses, Permits, Fees and Assessments. Subrecipient shall obtain, at Subrecipient’s sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of Subrecipient’s Services. Subrecipient shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this Agreement.

2.7 Nondiscrimination. Subrecipient agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Subrecipient’s Services. To the extent this Agreement provides that Subrecipient offer accommodations or services to the public, such accommodations or services shall be offered by Subrecipient to the public on fair and reasonable terms.

2.8 Familiarity with Work. By executing this Agreement, Subrecipient represents and warrants that Subrecipient (i) has thoroughly investigated and considered Subrecipient’s Services to be performed, (ii) has carefully considered how Subrecipient’s Services should be provided and (iii) fully understands the facilities, difficulties and restrictions attending the provision of Subrecipient’s Services under this Agreement. Should the Subrecipient discover any latent or unknown conditions materially differing from those inherent in the provision of Subrecipient’s Services or as represented by the City, Subrecipient shall immediately inform the City of such fact and shall not proceed except at Subrecipient’s risk until written instructions are received from the City.

2.9 Inspection. The City and HUD and their agents and representatives shall have the right at any reasonable time to observe the provision of Subrecipient’s Services. The City is under no duty to supervise the provision of Subrecipient’s Services. Any inspection or examination by the City is for DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 506
7 the sole purpose of protecting and preserving the City’s rights under this Agreement. No default of Subrecipient shall be waived by any inspection by the City. In no event shall any inspection by the City be a representation that there has been or will be compliance with this Agreement or that Subrecipient is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this Agreement or the provision of Subrecipient’s Services.

Subrecipient shall make or cause to be made such other independent inspections as Subrecipient may desire for Subrecipient’s own protection.

Section 3. Term. This Agreement shall be for a term (the “Term”) commencing on July 1, 2022 and terminating on the June 31, 2023, subject to earlier termination as provided in Subsection 5.1.4 or Section 6 hereof.

Section 4. Coordination of Services.

4.1 City’s Representative. The City’s Representative shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require.

4.2 Subrecipient’s Representative. Subrecipient’s Representative shall represent the Subrecipient in all matters pertaining to this Agreement. Subrecipient’s Representative is authorized to act on Subrecipient’s behalf with respect to the services and work to be provided hereunder and make all decisions in connection therewith.

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal are a substantial inducement for the City to enter into this Agreement.

Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Subrecipient and devoting sufficient time to personally supervise the provision of Subrecipient’s Services hereunder. The foregoing principal may not be changed by Subrecipient and no other personnel may be assigned to supervise the Subrecipient’s Services to be provided hereunder without the express written consent of the City.

4.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to City. This is a personal services contract and the Subrecipient was chosen on the basis of characteristics unique to the Subrecipient. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or permission.

4.4 Independent Contractor. Subrecipient and any agent or employee of Subrecipient shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Subrecipient’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient. Subrecipient shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing. Subrecipient acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Subrecipient and is not contributing to any fund on its behalf. Subrecipient disclaims the right to any fee or benefits except as expressly provided for in this Agreement.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 507
8 As respects all acts or omissions of Subrecipient relating to Subrecipient’s responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient, the Subrecipient agrees to indemnify, defend (at the City’s option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Subrecipient’s performance or failure to perform under this Section.

Section 5. Insurance and Indemnification.

5.1 Insurance. Without limiting City’s right to indemnification, it is agreed that Subrecipient shall secure prior to commencing any activities under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section 5.1.

5.1.1 Required Insurance Coverage. Subrecipient shall secure and maintain the following insurance coverage:
(a) Workers’ Compensation Insurance as required by California statutes; (b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor’s Liability and Fire Damage Legal Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, nonowned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.

The City’s Representative, with the consent of the City’s Risk Manager, is hereby authorized to reduce the requirements set forth above in the event they determine that such reduction is in City’s best interest.

5.1.2 Required Clauses in Policies. Each policy of general liability and automobile insurance required by this Agreement shall contain the following clauses:
“Written notice of cancellation shall be delivered to the Economic and Housing Development Department of the City of San Bernardino, 290 North D Street, San Bernardino, CA 92401-1734 in accordance with the policy provisions.”
“It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute with insurance provided by this policy.”
“The City of San Bernardino, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino.” DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 508
9 Subrecipient hereby agrees to waive subrogation which any insurer of the Subrecipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, Subrecipient agrees to obtain and deliver to City an endorsement from Subrecipient’s general liability and automobile insurance insurer(s) to effect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the subrecipient, its employees and subcontractors.

5.1.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title.

Should it be deemed necessary by City, it shall be the Subrecipient’s responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications.

5.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
(a) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement;
(b) Order the Subrecipient to stop work under this Agreement and/or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof; or
(c) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Subrecipient’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient’s or its subcontractor’s performance of Subrecipient’s Services under this Agreement.

5.2 Indemnification. As respects acts, errors or omissions in the performance of Subrecipient’s Services under this Agreement, the Subrecipient agrees to indemnify and hold harmless the City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of the Subrecipient’s acts, errors or omissions in the performance of Subrecipient’s Services under the terms of this Agreement.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 509
10 Section 6. Enforcement of Agreement.

6.1 Events of Default. For purposes of this Section 6, the word “Default” shall mean the failure of Subrecipient to perform any of Subrecipient’s duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution, or seizure of all or a substantial portion of Subrecipient’s assets or of Subrecipient’s interests hereunder.

City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City’s obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

6.2 Immediate Termination for Subrecipient’s Default. In the event of any Default by Subrecipient, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Subrecipient of written notice from City. In such event, Subrecipient shall have no further rights hereunder; City shall have all other rights and remedies as provided by law.

6.3 Attorneys’ Fees. City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation.

Section 7. Use and Ownership of Documents and Data.

7.1 Data to be Furnished by City. City shall furnish to Subrecipient such documents and materials as may be relevant and pertinent to the provision of services hereunder as City may possess or acquire.

7.2 Ownership of Documents. All documents and materials furnished by the City to Subrecipient pursuant to Section 7.1 hereof shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All documents and materials prepared by Subrecipient hereunder shall become the property of the City at the time of payment to Subrecipient of all fees and expenses for their preparation, and shall be delivered to the City by Subrecipient at the request of the City. The documents and materials prepared by Subrecipient hereunder shall not be used by the City or others, except for the purpose for which they were intended. The City agrees not to associate Subrecipient’s name with any documents or materials not prepared by Subrecipient.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 510
11 Section 8. Records, Reports and Audits.

8.1 Records and Reports. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports on a quarterly basis and in the format acceptable to the City to assure proper accounting of all CDBG Funds.

Subrecipient shall furnish such information which, in the judgment of the City’s Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the CDBG Program.

8.2 Monitoring. The City may 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 the City and HUD shall have the right of access to all activities and facilities operated by Subrecipient in connection with this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at all pertinent staff, board of directors, advisory committee, and advisory board meetings and inspection by the City and HUD. Subrecipient shall ensure that its employees and board members furnish such information as, in the judgment of the City and HUD may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the CDBG Program.

Section 9. Miscellaneous Provisions.

9.1 Waiver. Inaction by City or Subrecipient with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Subrecipient of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.

9.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Subrecipient to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to City: Economic and Housing Development Department City of San Bernardino
290 North D Street
San Bernardino, California 92401
Attention: Cassandra Searcy, Director
To Subrecipient: Inland Fair Housing and Mediation Board 1500 S Haven Ave, Ste 100
Ontario, CA 91761
Attn: Naihsa Davis

9.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Subrecipient is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the City.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 511
12 9.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.

9.5 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Subrecipient, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Subrecipient or Subrecipient’s successors, or on any obligation under the terms of this Agreement.

Subrecipient hereby waives and releases any claim Subrecipient may have against the members, officials or employees of the City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient’s successors, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Subrecipient

9.6 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

9.7 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every Willi, covenant and condition hereof which relates to a date or a period of time.

9.8 Remedies Cumulative. The remedies given to City and Subrecipient herein shall be cumulative and are given without impairing any other rights given City or Subrecipient by statute or law now existing or hereafter enacted and the exercise of any one (1) remedy by City or Subrecipient shall not exclude the exercise of any other remedy.

9.9 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 512
13 9.10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Subrecipient, and all references to “City” or “Subrecipient” shall be deemed to refer to and include all permitted successors and assigns of such Party.

9.11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Subrecipient with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Subrecipient which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Subrecipient.

9.12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. Subrecipient shall, at City’s request, deliver a certified copy of it governing board’s resolution or certificate authorizing or evidencing such execution.

9.13 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

9.14 Time for Acceptance of Agreement by City. This Agreement, when executed by Subrecipient and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Subrecipient or this Agreement shall be void, except to the extent that Subrecipient and City shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. (Remainder of page intentionally left bank; signatures on next page) DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 513

IN WITNESS WHEREOF, THE CITY AND THE SUBRECIPIENT HAVE
EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW. “CITY”

CITY OF SAN BERNARDINO,
a municipal corporation and charter city
Dated: By:

Charles E. McNeely, City Manager
APPROVED AS TO FORM:

By:

Thomas Rice, City Attorney
“SUBRECIPIENT”

INLAND MEDIATION BOARD,
a California nonprofit public benefit corporation,
d/b/a Inland Fair Housing and Mediation Board
Dated: By:

Carmen I. Garcia, President and Chief
Executive Officer
DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 3/27/2023
3/27/2023
Packet Pg. 514

EXHIBIT A

SCOPE OF SERVICES
Subrecipient: Inland Fair Housing and Mediation Board
CDBG Activity: Fair Housing Services
Description of activity and regulatory language: Inland Fair Housing and Mediation Board's (IFHMB) proposed fair housing and landlord-tenant mediation activities center on four main activities: Education, Outreach, Enforcement, and Administrative Services. IFHMB fair housing, education, outreach and enforcement activities will address fair housing issues encountered by City residents and assist the City to support and sustain inclusive neighborhoods vibrant with diversity. The delivery of fair housing services, along with the availability of landlord-tenant mediation, empower residents with knowledge of their housing rights and responsibilities under Federal and State fair housing laws, and the California Civil Code. The proposed program includes intake, investigation and enforcement activities relative to resident fair housing complaints. The utilization of the landlord-tenant mediation programs provides a means of assisting residents and property owners/managers with resolving disputes that could otherwise result in the loss of housing opportunities. IFHMB staff conduct monthly outreach to community, private, faith-based, mobile home parks, and housing-related organizations utilizing both print and online outreach strategies.

Fair Housing and Landlord-Tenant workshops are conducted throughout the year to familiarize residents with their housing rights and responsibilities, including federal and state fair housing laws. Complaints of housing discrimination will be analyzed and investigated to determine if fair housing violation have occurred. Staff will assist residents with processing of complaints to the Department of U.S. Housing and Urban Development (HUD), Department of Justice, the California Department of Fair Employment and Housing, or provide a referral to a private attorney.

In addition, IFHMB will provide technical assistance.
051 - Fair Housing Activities
This category includes fair housing and tenant/landlord mediation services. § 570.206 (c)
Provision of fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 U.S.C. 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, familial status or handicap, aware of the range of housing opportunities available to them; other fair housing enforcement, education, and outreach activities; and other activities designed to further the housing objective of avoiding undue concentrations of assisted persons in areas containing a high proportion of low and moderate income persons.

National Objective: Low-Mod Limited Clientele (LMC) / Citation: § 570.208 (a)(2) Performance Goals and Timelines: Services of Subrecipient shall commence on July 1, 2022 and shall be completed no later than June 30, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 515
Performance Goal:

Fair Housing Services shall benefit a minimum of 300 residents.

Timeframe for Completion of Performance Goal: June 30, 2023 DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 516

CDBG FUNDED IMPROVEMENTS
Recipient:

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 517

EXHIBIT B
BUDGET
[attached]
DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 518
Total Project Cost-CDBG 2022-2023
Personnel Services: Fair Housing Landlord Tenant Total
Salaries 37,000.00 17,600.00 54,600.00
Benefits 1,100.00 700.00 1,800.00
Other 2,831.00 1,346.00 4,177.00
Subtotal 40,931.00 19,646.00 60,577.00
Supplies:

Office 250 200 450.00
Postage 100 60 160.00
Rent 5100 3500 8,600.00
Phone 1600 1000 2,600.00
Other 199 414 613.00
Subtotal 7249 5174 12,423.00
Operating Expenses: $48,180.00 $24,820.00 $73,000.00
DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 519

EXHIBIT C
COVENANTS RE: USE OF FEDERAL FUNDS
Subrecipient acknowledges and agrees that the Subgrant is funded from CDBG Funds allocated to City by the United States of America. Accordingly, Subrecipient covenants and agrees as follows:

Section 1. Compliance With Law. Subrecipient hereby covenants and agrees that it has complied and will continue to comply with the Housing and Community Development Act of 1974 (the “Housing and Community Development Act”), and all applicable Federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally-assisted program. It is Subrecipient’s responsibility to keep itself fully informed of and in compliance with all such requirements and to provide all notices as required by law. This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Housing and Community Development Act; 24 CFR Part 85; 24 CFR Part 570; and 2 CFR Part 200.

Section 2. Civil Rights Act. Subrecipient shall comply with the Civil Rights Act of 1964, as amended, and all regulations applicable thereto.

Section 3. Non-Discrimination and Equal Opportunity. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, age, national origin, or ancestry. Subrecipient shall comply with the following:
(A) The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 CFR Part 100; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and implementing regulations issued at 24 CFR Part 1.
(B) The prohibitions against discrimination on the basis of age under the Age discrimination Act of 1975 (42 U.S.C. 6101et seq.) and implementing regulations at 24 CFR Part 146 and the prohibitions against discrimination against otherwise qualified individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. For purposes of the CDBG program, the term “dwelling units” in 24 CFR Part 8 shall include sleeping accommodations. (C) The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR chapter 60.
(D) The requirements of Executive Orders 11625, 12432, and 12138. Consistent with HUD’s responsibilities under these Orders, Subrecipient must make efforts to encourage minority and women’s business enterprises in connection with activities funded under this Agreement.
(E) The requirement that Subrecipient make known that use of the facilities and services is available to all on a nondiscriminatory basis. Where the procedures that Subrecipient intends to use to make known the availability of such facilities DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 520
and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age or national origin within Subrecipient’s service area who may qualify for them, Subrecipient must establish additional procedures that will ensure that these persons are made aware of the facilities and services. Subrecipient must also adopt and implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability.

Section 4. Americans with Disabilities. Subrecipient shall not discriminate against handicapped persons in the provision of the Services and shall provide accessibility for handicapped persons to the Services provided under this Agreement. Subrecipient shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 and implementing regulations (28 CFR Parts 35-36), in order to provide handicapped accessibility to the extent readily achievable.

Section 5. Training and Employment Opportunities; Section 3 Requirements. Subrecipient acknowledges that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the U.S. Department of Housing and Urban Development (“HUD”), and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (“Section 3”). Section 3 requires, that to the greatest extent feasible, opportunities for training and employment be given to lower income residents and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project.

Subrecipient shall comply with the provisions of Section 3 and the regulations issued pursuant thereto by the U.S. Secretary of Housing and Urban. Development as set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement.

5.1 Notice to Labor Organizations. Subrecipient shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or workers’ representative of its commitments under the Section 3 clause (set forth in Section 5.2 of this Exhibit) and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

5.2 Include in Subcontracts. Subrecipient shall include a Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 75. Subrecipient shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 75 and shall not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of said regulations.

5.3 Sanctions. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 521
assigns. Failure to fulfill these requirements shall subject Subrecipient, its subcontractors, its successors, and assigns to those sanctions as are specified by 24 CFR Part 75.

Section 6. Conflicts of Interest. In addition to the conflict of interest requirements in 2 CFR Part 200, no person:
(A) who (i) is an employee, agent, consultant, officer, or elected or appointed official of Subrecipient, a State recipient, or a nonprofit recipient (or of any designated public agency) that receives CDBG Subgrant amounts and (ii) exercises or has exercised any functions or responsibilities with respect to assisted activities, or
(B) who is in a position to participate in a decision making process or gain inside information with regard to such activities, shall obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure, or for one year thereafter. HUD may grant an exception to this exclusion as provided in 24 CFR Section 570.611 (d).

Section 7. Certification Regarding Lobbying. Subrecipient certifies, to the best of its knowledge and belief, that:
(A) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(C) Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all Subrecipient’s shall certify and disclose accordingly.

Section 8. Drug Free Workplace.

8.1 Certification. Subrecipient hereby certifies to City that Subrecipient will provide a drug-free workplace by:

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 522
(A) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in Subrecipient’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (B) establishing a drug-free awareness program to inform employees about:
(i) the dangers of drug abuse in the workplace;
(ii) Subrecipient’s policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance program; and
(iv) the penalties that may be imposed upon employees for drug abuse violations;
(C) making it a requirement that each employee to be engaged in the performance of Services under this Agreement be given a copy of the statement required by subparagraph (A);
(D) notifying the employee in the statement required by subparagraph (A), that as a condition of employment, the employee will:
(i) abide by the terms of this statement; and
(ii) notify Subrecipient of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
(E) notifying City within ten (10) days after receiving notice of a conviction under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of such conviction;
(F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by 41 U.S.C. 703; and
(G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A), (B), (C), (D), (E), and (F).

8.2 Suspension. Subrecipient acknowledges and agrees that this Agreement shall be subject to suspension of payment or termination, or both, and Subrecipient shall be subject to suspension or debarment if the Executive Director of City or her official designee determines, in writing, that:
(A) Subrecipient has made false certification under Section 8.1; (B) Subrecipient violates such certification by failing to carry out the requirements of subparagraphs (A), (B), (C), (D), (E), (F) OR (G) of Section 8.1, or DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 523
(C) such a number of Subrecipient’s employees have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that Subrecipient has failed to make a good faith effort to provide a drug-free workplace as required by Section 8.

Section 9. Use of Debarred, Suspended or Ineligible Contractors. Subrecipient shall comply with the provisions of 24 CFR Part 24 relating to the prohibition on employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status.

Section 10. Lead-Based Paint. Subrecipient shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (43 U.S.C. 4821-4846) and implementing regulations at 24 CFR Part 35. In addition, Subrecipient must also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces:
(A) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation or conversion activity under this Agreement.
(B) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures.

Section 11. Beneficiary Qualification. Subrecipient covenants and agrees that one hundred percent (100%) of the beneficiaries of the Services will be low income persons or households. Under CDBG regulations, the following clientele categories are presumed to be low income persons and can qualify for service regardless of income: abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than HUD Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the City PMSA define the maximum family income for low income households. Subrecipient is responsible for obtaining from City current applicable HUD Section 8 Income Limits for the Term of this Agreement.

Section 12. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under this Agreement shall be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless:
(A) either (i) the community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR parts 59 through 79) or (ii) less than a year has passed since FEMA notification regarding such hazards.
(B) Subrecipient will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.).

Section 13. Coastal Barriers. Subrecipient shall comply with the Coastal Barrier Resources Act, 16 U.S.C. 3501, which provides that no financial assistance under this Agreement may be made available within the Coastal Barrier Resources System.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 524
Section 14. Religious and Political Activities. Subrecipient agrees that Subgrant Proceeds shall be used exclusively for performance of the work required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities. Further, Subrecipient agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement.

14.1 Primarily Religious Organizations. If Subrecipient is a primarily religious organization, Subrecipient agrees that Subrecipient shall provide shelter and the Services in a manner that is free from religious influences and in accordance with the following principles:
(A) Subrecipient shall not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (B) Subrecipient shall not discriminate against any person applying for shelter or any of the Services on the basis of religion and shall not limit such housing or Services or give preference to persons on the basis of religion. (C) Subrecipient shall (i) provide no religious instruction or counseling, (ii) conduct no religious workshop or services, (iii) engage in no religious proselytizing, and (iv) exert no other religious influence in the provision of shelter or the Services.

14.2 Wholly Secular Private Nonprofit Organizations Established by a Primarily Religious Organizations. If Subrecipient is a wholly secular private nonprofit organization established by a primarily religious organization, Subrecipient shall provide the Services in a manner that is free from religious influences and in accordance with the principles set forth in Section 14.1.

If Subrecipient elects to enter into a contract with the religious organization to provide shelter or the Services, the religious organization must agree in the contract to carry out its contractual responsibilities in a manner free from religious influences and in accordance with the principles set forth in Section 14.1.

Section 15. Reversion of Assets. Upon the expiration or termination of this Agreement, Subrecipient shall transfer to City any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds. If at the time of the expiration or termination of this Agreement there is under the control of Subrecipient any real property that was acquired or improved in whole or in part with CDBG Funds in excess of Twenty-Five Thousand Dollars ($25,000), then such real property shall either be:
(A) used to meet one (1) or more of the national objectives set forth in 24 CFR §570.208 for not less than five (5) years after the date of expiration or termination of this Agreement, or such longer period of time as determined appropriate by City; or
(B) disposed of, within five (5) years after the date of expiration or termination of this Agreement, in a manner which results in City being reimbursed in the amount of the then current fair market value of said real property less any DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 525
portion thereof attributable to expenditure of non CDBG funds for said acquisition or improvement.

Section 16. Program Income. Any Program Income received by Subrecipient shall be returned to City. Any Program Income on hand when this Agreement expires or received after the expiration of this Agreement shall be paid to City as required by 24 CFR 570.503(b)(3).

Section 17. No Disability. Subrecipient certifies and agrees that it is under no contractual or other disability which would prevent it from complying with all pertinent laws and regulations.

Section 18. Patents and Copyrights. Subrecipient acknowledges and agrees that HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(A) The copyright in any work developed under the Subgrant or this Agreement; (B) Any rights of copyright to which Subrecipient purchases ownership with Subgrant Proceeds;
(C) The patent for any invention developed under the Subgrant or this Agreement; and
(D) Any rights in any patent to which Subrecipient purchases ownership with Subgrant Proceeds.

Section 19. Records, Reporting and Monitoring.

19.1 Records and Reports. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports as required by City and in the format acceptable to City to assure proper accounting of all Federal and non-Federal project funds. Subrecipient shall furnish such information which, in the judgment of City’s Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the program. Subrecipient will establish a record keeping system which is consistent with 24 CFR 570.506. Such records shall be maintained and available to City for at least three (3) years following the completion of the program, at a minimum, and in the event of litigation, claim, or audit, the records shall be retained until all litigation, claims, and audit findings involving the records have been fully resolved.

Subrecipient will submit quarterly reports to City specifying Program Income earned. Each report shall contain, or be accompanied by, an itemized statement showing all information required by City, including, without limitation:
(A) The amount expended or incurred by Subrecipient and due and payable for the Subrecipient’s Services for such reporting quarter.
(B) The revenue generated by Subrecipient and the source of such revenue for each reporting quarter.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 526
(C) A statement showing for each reporting quarter: (i) a description of each of the Clients serviced, (ii) the number of the Clients receiving shelter at the Shelters, (iii) the type of counseling session conducted, the number of each type of counseling sessions conducted, and the number of the Clients attending each such counseling session, (iv) the type of educational sessions conducted, the number of each type of educational session conducted, and the number of the Clients attending each such educational session, and (v) a quarterly narrative which specifies any additional services provided.

The quarterly report for the last quarter of the fiscal year ending June 30 shall also include Subrecipient’s financial statement for the immediately preceding year, accompanied by an annual audit report of Subrecipient’s financial statement for the immediately preceding year.

Each report shall be certified as complete and correct by the executive director of Subrecipient.

19.2 Monitoring. City 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 and HUD shall have the right of access to all activities and facilities operated by Subrecipient under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at staff, board of directors, advisory committee, and advisory board meetings and inspection by City and HUD representatives. Subrecipient shall ensure that its employees or 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.

19.3 Accounting. Subrecipient shall establish, and maintain on a current basis, an adequate accrual and accounting system in accordance with generally accepted accounting principles and standards.

19.4 Audits. Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. Audits must be in compliance with 2 CFR Part 200. An audit may be conducted by Federal, State, or local funding source agencies as part of City’s audit responsibilities. The results of the independent audit must be submitted to City within thirty (30) days of completion.

Within thirty (30) days of the submittal of said audit report, Subrecipient shall provide a written response to all conditions of findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding corrective actions shall take place within six (6) months after receipt of the audit report. 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 Subrecipient. Subrecipient staff will cooperate fully with authorized auditors when they conduct audits and examinations of Subrecipient’s program.

If indications of misappropriation or misapplication of the funds granted under this Agreement cause City to require a special audit, the cost of the audit will be encumbered and deducted from the Subgrant. Should City subsequently determine that the special audit was not warranted, the amount encumbered will be restored to the Subgrant. Should the special audit confirm misappropriation or DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 527
misapplication of funds, Subrecipient shall promptly reimburse City the amount of misappropriation or misapplication. In the event City uses the judicial system to recover misappropriated or misapplied funds, Subrecipient shall reimburse City for legal fees and court costs incurred in obtaining the recovery.

Subrecipient agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate federal audit agencies, it shall be responsible for complying with such exceptions and paying City the full amount of City’s liability to the funding agency resulting from such audit exceptions.

19.5 Confidentiality of Records. Subrecipient shall adhere to the requirement of the National Affordable Housing Act (Pub. L.101-625, November 28, 1990) contained in Section 832(e)(2)(c) that grantees (i) develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted” under the CDBG Program and (ii) that the address or location of any family violence shelter project assisted under the CDBG Program will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public.

Section 20. Property Acquisition During Term.

20.1 Non-Expendable Property. A record shall be maintained by Subrecipient for each item of non-expendable property acquired for this program with Subgrant Proceeds. This record shall be provided to City as well as being available for inspection and audit upon the request of City. Non-expendable property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. Subrecipient shall not purchase or agree to purchase non-expendable property without the prior written approval of City. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of such non-expendable property in compliance with applicable laws and regulations. Such disposition may include, but is not limited to, City taking possession of such non-expendable property.

20.2 Expendable Property. Expendable property refers to all tangible personal property other than non-expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property at a cost of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of City.

20.3 Purchase or Lease of Non-Expendable Property or Equipment.

Subrecipient shall obtain three documented bids prior to purchasing or leasing any nonexpendable property or equipment over Three Hundred Dollars ($300.00) in unit value.

Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit-value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price. Such inventory shall be provided to City as well as being available for inspection and audit upon the request of City.

Section 21. Travel and Conference Restrictions. Subrecipient covenants and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 528
Section 22. Privacy. Subrecipient agrees and shall ensure that no information about or obtained from any person receiving services hereunder shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 529

EXHIBIT D

DEFINITION OF PROGRAM
INCOME
“Program Income” means gross income received by the recipient or a subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used.

Program Income includes, but is not limited to the following:
(a) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG Funds;
(b) Proceeds from the disposition of equipment purchased with CDBG Funds; (c) Gross income from the use or rental of real or personal property acquired by the recipient or by a subrecipient with CDBG Funds, less costs incidental to generation of the income; (d) Gross income from the use or rental of real property owned by the recipient or by a subrecipient, that was constructed or improved with CDBG Funds, less costs incidental to generation of the income;
(e) Payment of principal and interest on loans made using CDBG funds, excluding payments made by subrecipients of principal and/or interest on CDBG-funded loans received from grantees if such payments are made using Program Income received by the subrecipient, as provided in 24 CFR 570.500(a)(3);
(f) Proceeds from the sale of loans made with CDBG Funds; (g) Proceeds from sale of obligations secured by loans made with CDBG Funds; (h) Interest earned on Program Income pending its disposition; and (i) Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where the assessments are used to recover all or part of the CDBG portion of a public improvement.

Program Income does not include income earned (except for interest described in § 570.513) on grant advances from the U.S. Treasury. The following items of income earned on grant advances must be remitted to HUD for transmittal to the U.S. Treasury, and will not be reallocated under Section 106(c) or (d) of the Act:
(a) Interest earned from the investment of the initial proceeds of a grant advance by the U.S. Treasury;
DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 530
(b) Interest earned on loans or other forms of assistance provided with CDBG funds that are used for activities determined by HUD either to be ineligible or to fail to meet a national objective in accordance with the requirements of subpart C of this part, or that fail substantially to meet any other requirement of this part; and
(c) Interest earned on the investment of amounts reimbursed to the CDBG program account prior to the use of the reimbursed funds for eligible purposes.

Program Income does not include:
(a) Any income received in a single program year by the recipient and all its subrecipients if the total amount of such income does not exceed $25,000; and
(b) Amounts generated by activities that are financed by a loan guaranteed under Section 108 of the Act and meet one or more of the public benefit criteria specified at §
570.209(b)(2)(v) or are carried out in conjunction with a grant under Section 108(q) in an area determined by HUD to meet the eligibility requirements for designation as an Urban Empowerment Zone pursuant to 24 CFR part 597, subpart B, except as provided in 24 CFR 570.500(a)(4)(ii).
. Examples of other receipts that are not considered Program Income are proceeds from fund raising activities carried out by subrecipients receiving CDBG assistance (the costs of fundraising are generally unallowable under the applicable OMB circulars referenced in 24 CFR 84.27), funds collected through special assessments used to recover the non-CDBG portion of a public improvement, and proceeds from the disposition of real property acquired or improved with CDBG Funds when the disposition occurs after the applicable time period specified in § 570.503(b)(8) for subrecipientcontrolled property, or in § 570.505 for recipient-controlled property.

DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 Packet Pg. 531

Annual Action Plan
2022-2023
1 OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans.

The City is an entitlement jurisdiction and will receive the following federal grants:
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Program (HOME)
• Emergency Solutions Grant (ESG)

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are:
• Homelessness and homelessness issues (i.e., supportive housing) • Access to affordable housing
• Street infrastructure (i.e., road maintenance and street lighting) • Joblessness/job creation
Packet Pg. 532

Annual Action Plan
2022-2023
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations.

Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan and to be implemented during the FY 22-23 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals:

1. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs.

2. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services.

3. Expand Homeownership Opportunities: Fund construction of three (3) single family homes, citywide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI).

4. New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects.

5. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF; 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF; Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN180,000 SF.

Summary of some of the findings used to determine priority needs • 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households.
• Approximately 23.7% live in poverty
• San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count.
• City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. • The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, Packet Pg. 533

Annual Action Plan
2022-2023
3 OMB Control No: 2506-0117 (exp. 09/30/2021)
lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five owner occupied Housing Rehabilitation projects.

Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 21-22, the City completed the construction on Three (3) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino.

Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 21-22, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI.

Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed.

Improve Public Facilities and Infrastructure - In FY 21-22, the City worked on the following projects which are expected to be completed by September of 2022: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6).

Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City.

Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG.

Packet Pg. 534

Annual Action Plan
2022-2023
4 OMB Control No: 2506-0117 (exp. 09/30/2021)
Provide rental assistance and preserve existing affordable rental housing - In FY 21-22, 105.4 units were monitored and 75.8 were physically inspected to ensure units remained affordable and habitable.

Expand the affordable housing inventory through new construction - In FY 21-22, the fourth phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed.

4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings:
• Virtual Community Workshop.
• Stakeholder Interviews; and
• Online Survey.

The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on June 15, 2022. The draft plan will be made available for public review between June 15, 2022, and July 20, 2022 on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish).

5. Summary of public comments
The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were:

1. First-time home buyer assistance

2. Owner-occupied rehabilitation

3. Renter-occupied housing rehabilitation
Respondents also identified two primary homeless needs:

1. Permanent supportive housing with social services

2. Transitional housing (short-term up to 6 months
Packet Pg. 535

Annual Action Plan
2022-2023
5 OMB Control No: 2506-0117 (exp. 09/30/2021)

6. Summary
The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) Packet Pg. 536

Annual Action Plan
2022-2023
6 OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency Lead Agency
CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino.

Consolidated Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Finance Department, Marim Fam, at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-5345 or via email at [email protected].

Packet Pg. 537

Annual Action Plan
2022-2023
7 OMB Control No: 2506-0117 (exp. 09/30/2021)
Packet Pg. 538

Annual Action Plan
2022-2023
8 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
• The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove.
• The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. • Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. • The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness.
• The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households.
• The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning leadPacket Pg. 539

Annual Action Plan
2022-2023
9 OMB Control No: 2506-0117 (exp. 09/30/2021)
based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office.
• The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are:
1) Interagency Council on Homelessness
2) Homeless Provider Network
3) Central Valley Steering Committee
4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino.

Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of Packet Pg. 540

Annual Action Plan
2022-2023
10 OMB Control No: 2506-0117 (exp. 09/30/2021)
homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Packet Pg. 541

Annual Action Plan
2022-2023
11 OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency
Major Employer
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
1 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community.

Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Non-Homeless Special Needs
2 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community.

Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
3 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community
Packet Pg. 542

Annual Action Plan
2022-2023
12 OMB Control No: 2506-0117 (exp. 09/30/2021)
Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
4 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community.

Agency/Group/Organization SAN BERNARDINO
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by
Consultation?
Hazard Mitigation & Local
5 Briefly describe how the Agency/Group/Organization
was consulted. What are the anticipated outcomes of
the consultation or areas for improved coordination?
The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan.

The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan.

Packet Pg. 543

Annual Action Plan
2022-2023
13 OMB Control No: 2506-0117 (exp. 09/30/2021)
Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Continuum of Care Alliance
Potential funding allocations to address homeless needs will complement the COC Strategy.
10-Year Strategy to End
Homelessness
Continuum of Care Alliance
Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness.

City of San Bernardino 2013-2021
Housing Element
City of San Bernardino Department of
Community Development
Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element
Housing Authority County of San
Bernardino (HACSB)
Housing Authority County of San
Bernardino (HACSB)
The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included.

Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding.

Packet Pg. 544

Annual Action Plan
2022-2023
14 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2022-2023 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account.

Packet Pg. 545

Annual Action Plan
2022-2023
15 OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Outreach
Sort Ord
er
Mode of Outrea
ch
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Newspaper Ad
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Residents of
Public and
Assisted Housing
Low Income
persons
No responses were
received.

No responses
were received.

Because comments
were not received
there is no summary
of comments not
accepted.
http:iecn.com/newspaper
s/el-chicano/
https://www.sbsun.com
Packet Pg. 546

Annual Action Plan
2022-2023
16 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Ord
er
Mode of Outrea
ch
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
2 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted Housing
No responses were
received.

No responses
were received.

Because comments
were not received
there is no summary
of comments not
accepted.
www.sbcity.org/housing
Packet Pg. 547

Annual Action Plan
2022-2023
17 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort Ord
er
Mode of Outrea
ch
Target of Outre
ach
Summary of
response/attenda
nce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
3 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted Housing
members of the
public attended
the July 20, 2022
public hearing.

TBD TBD
Table 4 – Citizen Participation Outreach
Packet Pg. 548

Annual Action Plan
2022-2023
18 OMB Control No: 2506-0117 (exp. 09/30/2021)
Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources.

The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly Packet Pg. 549

Annual Action Plan
2022-2023
19 OMB Control No: 2506-0117 (exp. 09/30/2021)
and prepare the Annual Action Plans reflective of the funding reality.

Anticipated Resources
Program Source Expected Amount Available Year 1
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 3,112,512 0 0 3,112,512 6,400,000
Funding for program year 2021 includes
the City’s HUD allocation, estimated
program income, and prior year
resources.

HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction
for ownership
TBRA 1,569,520 200,000 0 1,769,520 2,900,000
The City plans to invest its HOME
dollars affordable housing projects;
Infill Housing Program
(homeownership)
Packet Pg. 550

Annual Action Plan
2022-2023
20 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Source Expected Amount Available Year 1
of Funds
Uses of Funds
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight shelter
Rapid re-housing
(rental
assistance)
Rental Assistance
Services
Transitional
housing 278,068 37,512 0 315,580 560,000
ESG monies will fund subrecipients to
assist people experiencing
homelessness with Emergency Shelter
(ES), HMIS, Motel Vouchers, Rapid ReHousing, Rental Assistance, Homelessness Prevention (HP) and
Financial Assistance.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:

Packet Pg. 551

Annual Action Plan
2022-2023
21 OMB Control No: 2506-0117 (exp. 09/30/2021)
Federal Resources
• Section 8 Housing Choice Voucher Program
• Federal Low-Income Housing Tax Credit Program
• Tax Exempt Bond Financing
• Community Investment Funds from Dignity Health
State Resources
• Tax Exempt bonds
• State Low-Income Housing Tax Credit Program
• No Place Like Home
• Community Reinvestments Funds
• Permanent Local Housing Allocation (PLHA) from California State Department of Housing • Veteran Housing and Homeless Prevention Program
Local Resources
• San Bernardino County Continuum of Care
• Housing Authority of San Bernardino County (HACSB)
Private Resources
• Dignity Health
• San Manuel Band of Mission Indians
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
Packet Pg. 552

Annual Action Plan
2022-2023
22 OMB Control No: 2506-0117 (exp. 09/30/2021)
Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs.

In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2021- 2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year.

Packet Pg. 553

Annual Action Plan
2022-2023
23 OMB Control No: 2506-0117 (exp. 09/30/2021)
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months.

Discussion
The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of singlefamily ownership housing.

Packet Pg. 554

Annual Action Plan
2022-2023
24 OMB Control No: 2506-0117 (exp. 09/30/2021)
Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Promote Economic
Development
2020 2025 Economic
Development
CityWide Promote Economic
Development
CDBG:
$788,803
Jobs created/retained: 214 Jobs
Businesses assisted: 20
Businesses Assisted
2 Fair Housing 2020 2025 Non-Housing
Community
Development
CityWide Fair Housing CDBG:
$73,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 2700 Persons
Assisted
3 Expand Home
Ownership
2020 2025 Affordable
Housing
CityWide
LMI Areas
of the City
Expand Home
Ownership
HOME:
$755,000
Homeowner Housing Added: 3
Household Housing Unit
4 New Affordable
Housing Projects
2020 2025 Affordable
Housing
LMI Areas
of the City
Expand Home
Ownership
Opportunities
HOME:
$857,568
Expand Homeownership
opportunities: 15 Households
Assisted
5 Improve Facilities
and Infrastructure
2020 2025 Non-Housing
Community
Development
CityWide Improve Facilities
and Infrastructure
CDBG:
$1,628,207
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 1500 Persons Assisted
Packet Pg. 555

Annual Action Plan
2022-2023
25 OMB Control No: 2506-0117 (exp. 09/30/2021)
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
6 Provide Homeless
and Homeless
Prevention Services
2020 2025 Homeless CityWide Provide Homeless
and Homeless
Prevention Services
ESG:
$315,580
Public service activities other
than Low/Moderate Income
Housing Benefit: 612 Persons
Assisted
7 Planning and
Administration
2020 2025 Program
administration
funds
CityWide Planning and
Administration
CDBG:
$622,502
HOME:
$156,952
ESG:
$20,855
Other: 1 Other
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Promote Economic Development
Goal
Description
Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. 2 Goal Name Fair Housing
Goal
Description
Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. 3 Goal Name Expand Home Ownership
Goal
Description
Infill Housing Project to create a total of six (6) new houses throughout San Bernardino and will also include down payment assistance for first-time homebuyers between 70%-80% AMI.

Packet Pg. 556

Annual Action Plan
2022-2023
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
4 Goal Name New Affordable Rental Housing
Goal
Description
Create new affordable rental units
5 Goal Name Improve Facilities and Infrastructure
Goal
Description
The City has proposed to fund Citywide Pavement
Rehabilitation at these locations:
10th Street between F street and G street - Ward 1
49th Street between Sepulveda Avenue and End. - Ward 4
Rialto Avenue from Mt. Vernon and Muscott - Ward 3
6 Goal Name Provide Homeless and Homeless Prevention Services Goal
Description
Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted. 7 Goal Name Planning and Administration
Goal
Description
The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.

Packet Pg. 557

Annual Action Plan
2022-2023
27 OMB Control No: 2506-0117 (exp. 09/30/2021)
Projects
AP-35 Projects – 91.220(d)
Introduction
With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration.

Projects
# Project Name
1 Section 108 Repayment Program - Promote Economic Development 2 Street Improvements
3 Fair Housing
4 Infill Housing Project
5 New Affordable Housing Projects
6 Arrowhead Grove - Phase 4
7 Homeless Services
8 Planning and Administration, CDBG, HOME, ESG
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness.

Packet Pg. 558

Annual Action Plan
2022-2023
28 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-38 Project Summary
Project Summary Information
Packet Pg. 559
Annual Action Plan
2022-2023
29 OMB Control No: 2506-0117 (exp. 09/30/2021)
Project Name Section 108 Debt Repayment Program - Promote Economic Development Target Area LMI Areas of the City
Goals Supported Promote Economic Development
Needs Addressed Promote Economic Development
Funding CDBG: $788,803
Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
214 individuals will benefit from this proposed activity.

Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 1 Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project.

Project Name Street Improvements
Target Area LMI Areas of the City
Goals Supported Improve Facilities and Infrastructure
Needs Addressed Improve Facilities and Infrastructure
Funding CDBG: $1,628,207
Description Three (3) streets have been identified for sidewalk replacement and ADA accessibility improvements.

Target Date 6/30/2023
2 Estimate the number
and type of families
that will benefit from
the proposed activities
Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets.

Packet Pg. 560
Annual Action Plan
2022-2023
30 OMB Control No: 2506-0117 (exp. 09/30/2021)
Location Description The City has proposed to fund Citywide Pavement Rehabilitation.

1. 10th between F Street and G Street (1st Ward)- multiple APN30,000 SF

2. 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF

3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF
Planned Activities Street improvements and ADA compliance.

Project Name Fair Housing
Target Area CityWide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $73,000
Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants.

Location Description Citywide
3 Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws.

Project Name Infill Housing Project
Target Area CityWide
Goals Supported Expand Home Ownership
4 Needs Addressed Expand Home Ownership
Packet Pg. 561
Annual Action Plan
2022-2023
31 OMB Control No: 2506-0117 (exp. 09/30/2021)
Funding HOME: $937,000
NPHS: $455,000
MECH: $182,000 ($105,000 new request + $77,000 from HOME reprogramed funds)
Down payment assistance: $300,000
Description Infill Housing Project construction of new houses by two developers – Mary Erickson Community Housing (MECH) and Neighborhood Partnership Housing Services (NPHS).

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
The program will create 6 new houses. Additionally, three homebuyers with AMI’s between 70%-80% will receive down payment assistance up to $100,000 each to purchase one of three infill homes.

Location Description Citywide
Planned Activities Construction
Project Name Planning and Administration, CDBG, HOME, ESG Target Area CityWide
Goals Supported Planning and Administration
Needs Addressed Planning and Administration
Funding CDBG:$622,502
HOME: $156,952
ESG: $20,855
Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.
5 Target Date 6/30/2023
Packet Pg. 562
Annual Action Plan
2022-2023
32 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
• N/A
Location Description Citywide
Planned Activities Grant and Project Management
Project Name Affordable Housing Projects
Target Area CityWide
Goals Supported Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $675,568
Description Construction of Single-Family homes and loans for rehabilitation of single family homes. Applicant incomes are to be at or below 80% of Area Median Income.

Target Date 6/30/2023
Estimate the number
and type of families
that will benefit from
the proposed activities
At or below 80% of Area Median Income.

Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD.
6 Planned Activities Construction of Permanent Supportive Housing (PSH) project for very low to low income residents
Project Name Homeless Services - Provide Supportive Services and ESG Administration Target Area Citywide
Goals Supported Provide Supportive Services
Needs Addressed Homeless
Funding ESG: $294,725
Description Assist homeless and special needs populations with supportive services.

Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs.
7 Target Date 6/30/2023
Packet Pg. 563
Annual Action Plan
2022-2023
33 OMB Control No: 2506-0117 (exp. 09/30/2021)
Estimate the number
and type of families
that will benefit from
the proposed activities
Approximately 300 persons at very low income to zero income will benefit from the proposed activities.

Location Description Citywide
Planned Activities Homeless supportive services
Packet Pg. 564
Annual Action Plan
2022-2023
34 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2022-2023 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City.

CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income.

The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and 8.1 percent is comprised of two or more races.

See attached maps in the Action Plan document as a reference to the geographic distribution.

Geographic Distribution
Target Area Percentage of Funds
CityWide 100
CDBG Eligible Census Tract and Block Group 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The funding available under the 2022-2023 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2022-2023 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services.

Discussion
As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual Packet Pg. 565
Annual Action Plan
2022-2023
35 OMB Control No: 2506-0117 (exp. 09/30/2021)
basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve low- and moderate-income households.

Public improvements and public facilities are qualified as benefitting low- and moderate-income persons.

Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services.

The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries.

Packet Pg. 566
Annual Action Plan
2022-2023
36 OMB Control No: 2506-0117 (exp. 09/30/2021)
Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals:
1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing
Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value (Data Source: 2011-2015 ACS).

Expand Home Ownership Opportunities
There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).

Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase.

Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent).

Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units.

The City’s housing market has increased over the past few years. In 2015, the median income in the City Packet Pg. 567
Annual Action Plan
2022-2023
37 OMB Control No: 2506-0117 (exp. 09/30/2021)
was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened.

Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month.

One Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 349
Special-Needs 0
Total 949
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600
The Production of New Units 349
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 949
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Introduction continued:

Provide Assistance to Renter Households
The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing.

Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in Packet Pg. 568
Annual Action Plan
2022-2023
38 OMB Control No: 2506-0117 (exp. 09/30/2021)
order to extend the terms of affordability.

The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lowerincome households.

Discussion:

The table “One Year Goals for the Number of Households to be Supported” consists of 349 non-homeless households to be supported. New Infill Housing construction of three (3) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)).

Packet Pg. 569
Annual Action Plan
2022-2023
39 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-60 Public Housing – 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals.

The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB).

This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD).

In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents.

The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino.

Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following:

Monitor At-Risk Units
The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units.

Support and Assist Local Non-Profit Organizations
In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership Packet Pg. 570
Annual Action Plan
2022-2023
40 OMB Control No: 2506-0117 (exp. 09/30/2021)
program for residents of public housing.

As for homeownership opportunities, the City has initiated an 750 Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have.

Discussion
There is no discussion relative to the designation of the county PHA.

Packet Pg. 571
Annual Action Plan
2022-2023
41 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered.

To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement.

The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter.

The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing.

The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with Packet Pg. 572
Annual Action Plan
2022-2023
42 OMB Control No: 2506-0117 (exp. 09/30/2021)
six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers.

The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance.

The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness.

Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health.

San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, Packet Pg. 573
Annual Action Plan
2022-2023
43 OMB Control No: 2506-0117 (exp. 09/30/2021)
foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness.

Packet Pg. 574
Annual Action Plan
2022-2023
44 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following:

Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.

Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing.

Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City.

Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences.

Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed singlefamily homes and poorly maintained multifamily complexes.

State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the Packet Pg. 575
Annual Action Plan
2022-2023
45 OMB Control No: 2506-0117 (exp. 09/30/2021)
overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing:

1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having onsite management. The City is anticipating amending the Development Code to incentivize lot Consolidation.

2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law.

3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2.

4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects.

5. The City will update its General Plan.

Packet Pg. 576
Annual Action Plan
2022-2023
46 OMB Control No: 2506-0117 (exp. 09/30/2021)
Discussion:

To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households.

For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households.

Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.

Packet Pg. 577
Annual Action Plan
2022-2023
47 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-85 Other Actions – 91.220(k)
Introduction:

Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows:

High Priority
• Preserve and Rehabilitate Housing
• Expand Homeownership Opportunities
• Provide Homeless and Homeless Prevention Services
Low Priority
• New Affordable Rental Housing
• Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs
• Eliminate identified impediments to fair housing through education, enforcement, and testing • Planning and Administration – CDBG, HOME, ESG
• New Affordable Housing Construction or Rehabilitation • Expand Homeownership opportunities – Infill Housing
• First-Time Homeownership – CHDO 15% set-aside
Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds.

The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for Packet Pg. 578
Annual Action Plan
2022-2023
48 OMB Control No: 2506-0117 (exp. 09/30/2021)
seniors and lower-income households.

Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s OwnerOccupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation.

Actions planned to reduce lead-based paint hazards
To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35.

Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support:
• An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households • Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.
• The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. • The efforts of HACSB, who provides rental assistance and conventional housing to low-income households.
• The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. • The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. • The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or Packet Pg. 579
Annual Action Plan
2022-2023
49 OMB Control No: 2506-0117 (exp. 09/30/2021)
to locate another housing placement.

Actions planned to develop institutional structure
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing.

Actions planned to enhance coordination between public and private housing and social service agencies
During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development.

Discussion:

The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.

Packet Pg. 580
Annual Action Plan
2022-2023
50 OMB Control No: 2506-0117 (exp. 09/30/2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as Packet Pg. 581
Annual Action Plan
2022-2023
51 OMB Control No: 2506-0117 (exp. 09/30/2021)
follows:

The City does not anticipate using other forms of investment beyond those identified in Section

92.205.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:
(a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent:
(2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount.
(c) In no event shall City’s recovery exceed the amount of the Net Proceeds.

The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.

In its homeownership and single-family rehabilitation programs the City utilizes the homeownership Packet Pg. 582
Annual Action Plan
2022-2023
52 OMB Control No: 2506-0117 (exp. 09/30/2021)
limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows:

Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows:

Amount of HOME Subsidy Period of Affordability
Less than $15,000 5 years
$15,000 to $40,000 10 years
More than $40,000 15 years
The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property.

In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs.

The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new Packet Pg. 583
Annual Action Plan
2022-2023
53 OMB Control No: 2506-0117 (exp. 09/30/2021)
NOFAs and RPS are released.

Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)

1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26).

2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.

The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers.
211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org.

Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness.

3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations).

The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness.

Packet Pg. 584
Annual Action Plan
2022-2023
54 OMB Control No: 2506-0117 (exp. 09/30/2021)
The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.

Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval.

4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.

The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City.

The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations.

Packet Pg. 585
Annual Action Plan
2022-2023
55 OMB Control No: 2506-0117 (exp. 09/30/2021)
As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6.

To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG.

5. Describe performance standards for evaluating ESG.

ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities.

ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance.

Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing.

All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are Packet Pg. 586
Annual Action Plan
2022-2023
56 OMB Control No: 2506-0117 (exp. 09/30/2021)
not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.

Packet Pg. 587
Annual Action Plan
2022-2023
57 OMB Control No: 2506-0117 (exp. 09/30/2021)
Attachments
Packet Pg. 588
Annual Action Plan
2022-2023
58 OMB Control No: 2506-0117 (exp. 09/30/2021)
Packet Pg. 589
Annual Action Plan
2022-2023
59 OMB Control No: 2506-0117 (exp. 09/30/2021)
Packet Pg. 590

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for April 2023.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Gross Payroll
Bi-Weekly for April 13, 2023 $3,134,552.55
Monthly for April 15, 2023 $26,950.00
Total Payroll Demands: $3,161,502.55
The following check registers are being presented for approval:

April 3, 2023 2022/23 (Register #45) $1,510.95
April 6, 2023 2022/23 (Register #46) $964,594.51
April 10, 2023 2022/23 (Register #47) $34,863.95
April 13, 2023 2022/23 (Register #48) $2,144,922.36
Total commercial check demands: $3,145,891.77
Packet Pg. 591
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for April 2023.

Attachments
Attachment 1 Payroll Summary Report for April 2023
Attachment 2 Commercial checks & Payroll Register #45
Attachment 3 Commercial checks & Payroll Register #46
Attachment 4 Commercial checks & Payroll Register #47
Attachment 5 Commercial checks & Payroll Register #48
Attachment 6 Commercial EFT Registers #1442-1450
Ward:

All Wards
Synopsis of Previous Council Actions:

The following Electronic Funds Transfer (EFT) registers presented for approval:

March 3 to March 17, 2023 2022/23 (Register #1442-1450) $ 1,637,497.59 Total commercial EFT demands: $1,637,497.59
Packet Pg. 592
Packet Pg. 593
Packet Pg. 594
Packet Pg. 595
Packet Pg. 596
Packet Pg. 597
Packet Pg. 598
Packet Pg. 599
Packet Pg. 600
Packet Pg. 601
Packet Pg. 602
Packet Pg. 603
Packet Pg. 604
Packet Pg. 605
Packet Pg. 606
Packet Pg. 607
Packet Pg. 608
Packet Pg. 609
Packet Pg. 610
Packet Pg. 611
Packet Pg. 612
Packet Pg. 613
Packet Pg. 614
Packet Pg. 615
Packet Pg. 616
Packet Pg. 617
Packet Pg. 618
Packet Pg. 619
Packet Pg. 620
Packet Pg. 621
Packet Pg. 622
Packet Pg. 623
Packet Pg. 624
Packet Pg. 625
Packet Pg. 626
Packet Pg. 627
Packet Pg. 628
Packet Pg. 629
Packet Pg. 630
Packet Pg. 631
Packet Pg. 632
Packet Pg. 633
Packet Pg. 634
Packet Pg. 635
Packet Pg. 636
Packet Pg. 637
Packet Pg. 638
Packet Pg. 639
Packet Pg. 640

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Investment Portfolio Report for February and March 2023 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February and March 2023.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended February 28 and March 31, 2023.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

Packet Pg. 641
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February and March 2023.

Attachments
Attachment 1 Investment Portfolio Management Summary Report February 2023
Attachment 2 Investment Portfolio Management Summary Report March 2023
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Packet Pg. 642
Packet Pg. 643
Packet Pg. 644
Packet Pg. 645
Packet Pg. 646
Packet Pg. 647
Packet Pg. 648
Packet Pg. 649
Packet Pg. 650
Packet Pg. 651
Packet Pg. 652
Packet Pg. 653
Packet Pg. 654
Packet Pg. 655
Packet Pg. 656
Packet Pg. 657

Page 1 ends

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Suzie Soren, Director of Human Resources
Department: Human Resources
Subject: Second Amendment to the Concentra Medical Centers Professional Services Agreement for Pre-employment (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Centers of California doing business as (DBA) Concentra Medical Centers for pre-employment and screening services, effective February 1, 2023 – April 30, 2023.

Background
The City of San Bernardino has had an agreement for pre-employment services since 2018, at which time Fox Occupational Medical Center was the operator. The City has utilized Occupational Health Center of California DBA Concentra Medical Centers to provide pre-employment screening clearances since its acquisition of Fox Occupational Medical Center in 2021. In response to the expiration of the contract on June 30, 2022, the City initiated a Request for Proposal (RFP).

On July 1, 2022, the City entered into the first amendment to the master agreement extending the terms of the master agreement for an additional seven (7) months through January 31, 2023, and adding funds for the continuation of services. At this time we are now operating out of contract as the first amendment expired January 31, 2023.

After a competitive bidding process Kaiser Permanente was selected to provide preemployment screening clearances and occupational medical services going forward.

Packet Pg. 658

Page 2 ends

On January 18, 2023, the City Council and Mayor approved the agreements with Kaiser Permanente.

Discussion
It is necessary to enter into a second amendment due to unforeseen internal implementation delays that hindered the process from being completed timely with Kaiser Permanente. Effective April 1, 2023, pre-employment services will be provided by Kaiser Permanente.
2021-2025 Strategic Targets and Goals
Authorization of this amendment aligns with Key Target No. 1 Improved Operational & Financial Capacity:
1b – Implement, maintain, and update a fiscal accountability plan. Executing the second amendment will allow the City to properly monitor contractual expenses and make necessary adjustments to avoid any negative impact during the transition between providers.
1e – Build a culture that attracts, retains, and motivates the highest quality talent.

Continued pre-employment services minimizes recruitment delays and ensures candidates are fit to perform job functions.

Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,

FINANCIAL
DATA
Current
Fiscal
Year:

Next Fiscal
Year:

Total Cost: Ongoing
Cost:

COST $ 25,001 $ 0 $ 25, 001 $ 0

GENERAL

FUND SHARE
$ 25,001 $ 0 $ 25,001 $ 0
SOURCE OF FUNDS:

There is sufficient funding in the FY 2022/23
operating budget to cover the additional
expenditure.

Budget Adjustment:

No
For Fiscal Year: 22/23
Packet Pg. 659

Page 3 ends

California, authorize the City Manager to execute:

1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Center of California doing business as Concentra Medical Centers for pre-employment and screening services.

Attachments
Attachment 1 Resolution 2018-169
Attachment 2 Professional Services Agreement
Attachment 3 Assignment, Assumption and Consent Agreement Attachment 4 First Amendment
Attachment 5 Second Amendment
Ward:

All Wards
Synopsis of Previous Council Actions:

June 20, 2018 Mayor and City Council adopted Resolution No. 2018-169, approving an agreement with Fox Occupational Medical Center.

Packet Pg. 660
Packet Pg. 661
Packet Pg. 662

EXHIBIT A

VENDOR SERVICES AGREEMENT BETWEEN FOX OCCUPATIONAL MEDICAL CENTER

AND THE CITY OF SAN BERNARDINO
This Vendor Services Agreement ( the " Agreement") is entered into this 1St day of July 2018, (Effective Date) by and between Fox Occupational Medical Center ("Vendor") and the City of San Bernardino ("City")(Vendor and the City may be collectively referred to as the " Parties.") WITNESSETH:

A. WHEREAS, The City of San Bernardino is in need of a vendor to provide preemployment physicals and Fitness for Duty Evaluations, and B. WHEREAS, it has been determined by the Director of Human Resources that Vendor represents that it has that degree of specialized expertise contemplated within, inter alia, California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, Vendor is competent, experienced and able to perform said services; and
D. WHEREAS, Vendor will provide the most advantageous and responsible services.

NOW, THEREFORE, the parties hereto agree as follows:

1. 0. SERVICES PROVIDED BY VENDOR

1. 1. Scope of Services. For the remuneration stipulated, Vendor shall provide the professional services described in this section and the Scope of Services attached hereto as Exhibits "A- 1" " A-2" and "A-3" and incorporated herein by this reference. a) Class I Physicals Without DOT Exam: $ 245 per each person that CITY refers for a pre- employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." b) Class I Physical With DOT Exam: $ 255.00 per each person that CITY refers for a pre-employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." c) Class III — Classified: $ 125.00 per each person that CITY refers for a preemployment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." d) Class III — Recreation: $ 65. 00 per each person that CITY refers for a preemployment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." e) Fitness for Duty Evaluation: $ 55. 00 per each person that CITY refers for a Fitness For Duty evaluation.
1 Packet Pg. 663
f) Ancillary Services. Any service not covered in items "( a) -(f)" above, shall be in accordance with the fee schedule attached herein as Exhibit "A-3."

1. 2. Professional Practices. All professional services to be provided by Vendor pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional vendors in similar fields and circumstances in accordance with sound professional practices. Vendor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Vendor's performance of this Agreement.

1. 3. Warranty. Vendor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this agreement. Vendor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgements of every nature and description including reasonable attorney's fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the abovementioned laws, arising from or related to Vendor's performance under this Agreement.

1. 4. Non- discrimination. In performing this Agreement, Vendor shall not engage in, nor permit their officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, genetic information, except as permitted by law. Violation of this provision may result in the imposition of penalties.

1. 5. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Vendor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Vendor's sole cost and expense.

1. 6. Conflicts of Interest. During the term of this Agreement, Vendor shall at all times maintain a duty of loyalty and a fiduciary duty as to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

1. 7 City Business Certificate. Vendor shall obtain and maintain during the term of this Agreement, a valid City Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of Vendor to practice their profession, skill or business.

2. 0. COMPENSATION AND BILLING

2. 1. Compensation. Except as provided herein, for each year that this contract is in effect, including all option years, Vendor shall be paid an amount not to exceed $ 24,500. 00 per fiscal year. This amount is inclusive of all professional fees and expenses. 2 Packet Pg. 664

2. 2. Additional Services. Vendor shall not receive compensation for any services provided outside the Scope of Services unless the City, prior to Vendor's performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2. 3. Method of Billing. Vendor may submit invoices to City for approval. Said invoice shall be based on the total of all Vendor's services which have been completed to City' s sole satisfaction. City shall pay Vendor's invoice within forty-five ( 45) days from the date City receives said invoice. The invoice shall include the names of the person examined the dates of said examinations. City will accept charges only for those services first requested by the City.

2.4. Confidentiality of Reports. Vendor shall keep confidential all reports, information and data received, prepared, or assembled pursuant to performance under this Agreement.

Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the City or as otherwise required by law.

3. 0. TERM AND NOTIFICATION

3. 1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2019, with the option of three (3) one ( 1) year extensions, exercisable at the City' s sole discretion.

3. 2. Termination. City or Vendor may terminate the services provided under Section

1. 1 of this Agreement upon thirty ( 30) days' written notice to the other party. In the event of termination, Vendor shall be paid the reasonable value of services rendered to the date of termination.

3. 3. Documents. In the event of termination of this Agreement, all documents prepared by Vendor in their performance of this Agreement shall be delivered to the City within ten ( 10) days of delivery of termination notice to Vendor, at no cost to City. Any use of uncompleted documents without specific written authorization from Vendor shall be at City' s sole risk and without liability or legal expense to Vendor.

4.0. INSURANCE

4. 1. Minimum Scope and Limits of Insurance. Vendor shall obtain and maintain during the term of this Agreement all of the following insurance coverages:
a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($ 1, 000,000. 00), combined single limits, per occurrence and aggregate.
b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($ 1, 000,000.00), combined single limits, per occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California. 3 Packet Pg. 665
d) Professional Liability coverage with limits of at least One Million Dollars 1, 000,000.00) per occurrence and two million dollars ($ 2, 000,000. 00) aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/ litigation, including investigation and court costs. If the coverage is written on a " claims -made" form, Vendor must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period ( whichever is longer) and the policy has a reporting period or run- off provision of at least three ( 3) years following completion or termination of the performance of professional services under this Agreement.

4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions:
a) Additional insureds: " The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this contract with City."
b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty ( 30) days after written notice is given to City."
c) Other insurance: " Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy."

4.3. Certificate of Insurance. Vendor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

4.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Vendor may be held responsible for payments of damages to persons or property.

5.0. GENERAL PROVISIONS

5. 1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

5. 2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U. S. Mail as reflected by the official U. S. postmark if such communication is sent through regular United states mail. 4 Packet Pg. 666
IF TO VENDOR:

Dr. Roger Fox, Owner
Owner
Occupational Medical Center
1375 Camino Real, Suite 130
San Bernardino, CA 92418
Phone: (909) 884- 1500
IF TO CITY:

Helen Tran
Director of Human Resources
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Phone: (909) 384- 5161

5. 3. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and member of his office in enforcing this contract on behalf of the City shall be considered as attorneys' fees" for the purposes of this Agreement.

5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California.

5. 5. Assignment. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City' s consent, no subletting or assignment shall release Vendor or Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement.

5.6. Indemnification and Hold Harmless. Vendor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to Vendor's performance under this Agreement, except when caused solely by the City's negligence.

5. 7. Independent Contractor. Vendor, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of City. Vendor shall secure, at its own expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Vendor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither Vendor nor its officers, agents and employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation insurance, 5 Packet Pg. 667
unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of Vendor and its officers', agents' and employees' work for the City. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the City and Vendor. Vendor shall be deemed the agent of the City, for the sole and limited purpose of providing the services provided for herein and to the extent of the authority granted herein, subject to the City of San Bernardino Charter.

5. 8. Conflict of Interest Disclosure. Vendor or its employees may be subject to the provisions of the California Political Reform Act of 1974 ( the " Act"), which ( 1) requires such persons to disclose financial interest that may be materially affected by the work performed under this Agreement, and ( 2) prohibits such persons from making or participation in making decisions that will have a foreseeable financial effect on such interest.

Vendor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by City.

5. 9. Responsibility for Errors. Vendor shall be responsible for its work and results under this Agreement. Vendor, when requested, shall furnish clarification and/ or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Vendor occurs, then Vendor shall, at no cost to City, provide all other Vendor's professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

5. 10. Prohibited Employment. Vendor shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

5. 11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

5. 12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Vendor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and not third party shall have any right in, under or to this Agreement.

5. 13. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

5. 14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement.

5. 15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom endorsement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any F
Packet Pg. 668
right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

5. 16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

5. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

5. 18. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

ATTEST: CITY OF SAN BERNARDINO
By:

Georges Hanna, Cit Jerk
Dated: 7/
Approved as to Form:
r1
By:

Gary D. Saenz, City Attorney
Dated: 7/, 2-// S
VA
By: , PTAA l r I
Andrea M. Miller
Dated:

VENDOR
By:..

Dr. Roger
Dated:
ity Manager
20 / k'
Packet Pg. 669
EXHIBIT A-1
Pr

1. Providing central coordination for medical data and information related to pre-employment services related to pre-employment physicals and evaluations for City;

2. Obtaining the medical history of and personally examining and reviewing all medical tests pertaining to persons referred by City in accordance with the specifics set forth in Exhibit " B," attached hereto and incorporated herein by reference;

3. Upon specific request of City, taking x-rays and conducting other medical tests and providing City an evaluation thereof; and

4. Providing City a summary and evaluation in regards to exams conducted hereunder. Any such summary or evaluation shall be in a form as permitted under California Civil Code Section

56. 10 unless a document signed by the examinee is received by Vendor which authorizes the release to the City of more extensive medical information.

5. Following each completed Class I, II and III examination, a summary and evaluation shall be prepared by Vendor in the form set forth at No. 4 above and shall be forwarded to City within seven ( 7) days of completion of the examination. When the report reflects " normal" in an area of examination, the statement shall mean that all applicable items to be reviewed or examined have been so reviewed or examined and that no significant adverse findings or limitations were discovered.

Additional Duties and Responsibilities
Vendor shall specifically assume the following additional duties and responsibilities at a price to be agreed upon in advance of such services by parties:

1. Appeals: In the event an unsuccessful applicant appeals his or her rejection to the Civil Service Board, Vendor shall re-examine and re-evaluate the appellant and provide information, in person or by comprehensive narrative report, to the Civil Service Board about the appellant's present medical limitations.

2. Modifying Guidelines: City may require expert medical advice and consultation ( including research results and recommendations) on occasion for determining new, or revising existing, medical or changes in medical procedures and examinations for further specific needs.

Equipment and Personnel
Vendor hereby agrees to have equipment and personnel for back up and emergencies to assure prompt scheduling of medical examinations. Vendor shall conduct any examinations or testing within five ( 5) working days of City's request for scheduling the exams or test. Vendor shall designate a competent physician or group of physicians to perform all obligations pursuant to and in accordance with the terms of this Agreement in the event Vendor is temporarily unavailable to render services required. Vendor hereby covenants that any such physicians or group of physicians shall be competent with respect to the specific task performed.

E-3
Packet Pg. 670
EXHIBIT A-2

MEDICAL EXAMINATIONS
CLASS I: Employees in the classification of Police sworn employees.

1. Personal and family health history questionnaire review.

2. Complete physical examination including:
a) Height
b) Weight
C) Blood Pressure
d) Pulse (before and after exercise)
e) Eyes ( field of vision, extra ocular movements, pupils, fundi). Appropriate examination for visual acuity and color recognition ability using Titmus II tester or its equivalent
f) Ears ( tympanic membrane, wax and audio testing using an audiometer and sound proof booth)
g) Nose, mouth, throat, dental hygiene
h) Neck
i) Chest
j) Heart
k) Lungs
1) Abdomen & Viscera — liver, kidneys, spleen
m) External genitalia ( men) and hernia check (all)
n) Skin
o) Spine
P) Extremities
q) Lymph nodes
r) Nervous system

3. Laboratory studies:
a) Urinalysis: sugar and Albumin
b) Hematology: Lipid Panel

4. Radiological Studies:
a) Lumbar Spine x-rays ( 5 views)
b) Chest x-rays

5. Pre-employment Drug Screening - GCMS confirmation on all positive screens.

6. Mobility and Flexibility test (to include Jarmar grip test)

7. Standing EKG (optional -subject to other test results)

8. Pulmonary function/Spirometer

9. Pre- employment TB testing

10. Written report of findings by physician within seven ( 7) days from day of the examination.

CLASS II: Employees for heavy labor skilled trades, equipment operation, integrated waste management, and ground maintenance classifications. These jobs require one or more of the E
Packet Pg. 671
following: lifting and/or carrying weights of more than 50 pounds; repetitive awkward motions of the back; frequent bending, squatting, climbing or prolonged standing.

1. Personal and family health history questionnaire review.

2. Complete physical examination including -
a) Height
b) Weight
c) Blood Pressure
d) Pulse ( before and after exercise)
e) Eyes (field of vision, extra ocular movements, pupils, fundi). f) Ears (tympanic membrane, wax)
g) Nose, mouth, throat, dental hygiene
h) Neck
i) Chest
j) Heart
k) Lungs
1) Abdomen & Viscera — liver, kidneys, spleen
m) External genitalia ( men) and hernia check ( all)
n) Ski
o) Spine
p) Extremities
q) Lymph nodes
r) Nervous system
NOTE: Physician must note any abnormalities, i. e., umbilical hernia, surgical scars, etc.)

3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. ( Use of Titmus II testing equipment or its equivalent is required.)

4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz.

5. Radiological studies: Two view lumbar spine x-ray

6. Laboratory studies
a) Urinalysis: Sugar and Albumin

7. Mobility and Flexibility test (to include Jarmar grip test)

8. Pre-employment Drug and Alcohol Screening — A screening test for evidence of the use of the following drugs: Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine. The following positions shall undergo pre-employment substance screening:
a) Equipment Service Worker
b) Equipment Mechanic I ( Flex)
c) Equipment Mechanic II
d) Equipment Maintenance Supervisor
e) Equipment Maintenance Manager
f) Heavy Equipment Operator
g) Motor Sweeper Operator
h) Maintenance Worker II
i) Lead Maintenance Worker
10 Packet Pg. 672
j) Maintenance Supervisor
k) Tree Trimmer Assistant
1) Tree Trimmer I
m) Tree Trimmer II
n) Electrician I
o) Traffic Signal Technician II
p) HAZMAT Technician
q) Parks Maintenance Worker III

9. DMV Exam: conducted using the specific instructions provided by DMV Form DL -51 for each category and any deviation will be reported by the physician to the Director of Human Resources.

10. Written report of findings by physician within seven ( 7) days from day of the examination.

CLASS III: CLASSIFIED — Light to moderate physical demands upon employees.

1. Personal and family health history questionnaire review.

2. Complete physical examination by physician including:
a) Height
b) Weight
c) Blood Pressure
d) Pulse ( before and after exercise)
e) Eyes (field of vision, extra ocular movements, pupils, fundi). f) Ears (tympanic membrane, wax)
g) Nose, mouth, throat dental hygiene
h) Neck
i) Chest
j) Heart
k) Lungs
1) Abdomen & Viscera — liver, kidneys, spleen
m) External genitalia ( men) and hernia check (all)
n) Skin
o) Spine
p) Extremities
q) Lymph nodes
r) Nervous system
NOTE: Physician must note any abnormalities, i. e., umbilical hernia, surgical scars, etc.)

3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. ( Use of Titmus II testing equipment or its equivalent is required.)

4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz.

5. Laboratory studies:
a) Urinalysis: Sugar and Albumin
b) Urinalysis: Alcohol

6. Non -DOT drug screen — GCMS confirmation on all positive screens. 11 Packet Pg. 673

7. Written report of findings by physician within seven ( 7) days form day of the examination
CLASS III: Recreation — Positions in this category are Recreation series and Lifeguard series.

1. Personal and family health history questionnaire review.

2. TB testing for employees involved in work in the close proximity of children

3. Non -DOT drug screen — GCMS confirmation on all positive screens.

4. Laboratory studies:
a. Urinalysis: Alcohol
b. Written report of findings by physician within seven ( 7) days from day of the examination.
12 Packet Pg. 674
EXHIBIT A-3

CITY OF SAN BERNARDINO

FEE SCHEDULE FOR SERVICES PROVIDED
Group I Police Exam $ 245.00
Group I w/DOT Police Exam $ 255.00
Group III Classified $ 125. 00
Group III Recreation $ 65.00
Fitness For Duty Exam $ 55.00
Hepatitis B Series Vaccine Series (each) $ 60.00
Hepatitis B Titer Blood Test $ 50.00
TB Quantiferon Blood Test $ 75.00
DOT Exam $ 25.00
Drug Screen, Non -DOT & DOT $ 30.00
Breath Alcohol Test $ 25.00
Breath Alcohol Confirmation $ 10. 00
13 Packet Pg. 675

EXHIBIT A

VENDOR SERVICES AGREEMENT BETWEEN FOX OCCUPATIONAL MEDICAL CENTER

NOW, THEREFORE, the parties hereto agree as follows:

1. 0. SERVICES PROVIDED BY VENDOR

1. 1. Scope of Services. For the remuneration stipulated, Vendor shall provide the professional services described in this section and the Scope of Services attached hereto as Exhibits "A- 1" " A-2" and "A-3" and incorporated herein by this reference. a) Class I Physicals Without DOT Exam: $ 245 per each person that CITY refers for a pre- employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." b) Class I Physical With DOT Exam: $ 255.00 per each person that CITY refers for a pre-employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." c) Class III — Classified: $ 125.00 per each person that CITY refers for a preemployment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." d) Class III — Recreation: $ 65. 00 per each person that CITY refers for a preemployment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." e) Fitness for Duty Evaluation: $ 55. 00 per each person that CITY refers for a Fitness For Duty evaluation.
1 Packet Pg. 676
f) Ancillary Services. Any service not covered in items "( a) -(f)" above, shall be in accordance with the fee schedule attached herein as Exhibit "A-3."

2. 0. COMPENSATION AND BILLING

2.4. Confidentiality of Reports. Vendor shall keep confidential all reports, information and data received, prepared, or assembled pursuant to performance under this Agreement.

Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the City or as otherwise required by law.

3. 0. TERM AND NOTIFICATION

3. 1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2019, with the option of three (3) one ( 1) year extensions, exercisable at the City' s sole discretion.

3. 2. Termination. City or Vendor may terminate the services provided under Section

4.0. INSURANCE

4. 1. Minimum Scope and Limits of Insurance. Vendor shall obtain and maintain during the term of this Agreement all of the following insurance coverages:
a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($ 1, 000,000. 00), combined single limits, per occurrence and aggregate.
b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($ 1, 000,000.00), combined single limits, per occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California. 3 Packet Pg. 678
d) Professional Liability coverage with limits of at least One Million Dollars 1, 000,000.00) per occurrence and two million dollars ($ 2, 000,000. 00) aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/ litigation, including investigation and court costs. If the coverage is written on a " claims -made" form, Vendor must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period ( whichever is longer) and the policy has a reporting period or run- off provision of at least three ( 3) years following completion or termination of the performance of professional services under this Agreement.

5.0. GENERAL PROVISIONS

Dr. Roger Fox, Owner
Owner
Occupational Medical Center
1375 Camino Real, Suite 130
San Bernardino, CA 92418
Phone: (909) 884- 1500
IF TO CITY:

Helen Tran
Director of Human Resources
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Phone: (909) 384- 5161

5. 7. Independent Contractor. Vendor, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of City. Vendor shall secure, at its own expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Vendor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither Vendor nor its officers, agents and employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation insurance, 5 Packet Pg. 680
unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of Vendor and its officers', agents' and employees' work for the City. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the City and Vendor. Vendor shall be deemed the agent of the City, for the sole and limited purpose of providing the services provided for herein and to the extent of the authority granted herein, subject to the City of San Bernardino Charter.

Vendor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by City.

5. 10. Prohibited Employment. Vendor shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

5. 14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement.

5. 15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom endorsement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any F
Packet Pg. 681
right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

ATTEST: CITY OF SAN BERNARDINO
By:

Georges Hanna, Cit Jerk
Dated: 7/
Approved as to Form:
r1
By:

Gary D. Saenz, City Attorney
Dated: 7/, 2-// S
VA
By: , PTAA l r I
Andrea M. Miller
Dated:

VENDOR
By:..

Dr. Roger
Dated:
ity Manager
20 / k'
Packet Pg. 682
EXHIBIT A-1
Pr

1. Providing central coordination for medical data and information related to pre-employment services related to pre-employment physicals and evaluations for City;

3. Upon specific request of City, taking x-rays and conducting other medical tests and providing City an evaluation thereof; and

4. Providing City a summary and evaluation in regards to exams conducted hereunder. Any such summary or evaluation shall be in a form as permitted under California Civil Code Section

56. 10 unless a document signed by the examinee is received by Vendor which authorizes the release to the City of more extensive medical information.

Additional Duties and Responsibilities
Vendor shall specifically assume the following additional duties and responsibilities at a price to be agreed upon in advance of such services by parties:

E-3
Packet Pg. 683
EXHIBIT A-2

MEDICAL EXAMINATIONS
CLASS I: Employees in the classification of Police sworn employees.

1. Personal and family health history questionnaire review.

3. Laboratory studies:
a) Urinalysis: sugar and Albumin
b) Hematology: Lipid Panel

4. Radiological Studies:
a) Lumbar Spine x-rays ( 5 views)
b) Chest x-rays

5. Pre-employment Drug Screening - GCMS confirmation on all positive screens.

6. Mobility and Flexibility test (to include Jarmar grip test)

7. Standing EKG (optional -subject to other test results)

8. Pulmonary function/Spirometer

9. Pre- employment TB testing

10. Written report of findings by physician within seven ( 7) days from day of the examination.

CLASS II: Employees for heavy labor skilled trades, equipment operation, integrated waste management, and ground maintenance classifications. These jobs require one or more of the E
Packet Pg. 684
following: lifting and/or carrying weights of more than 50 pounds; repetitive awkward motions of the back; frequent bending, squatting, climbing or prolonged standing.

1. Personal and family health history questionnaire review.

3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. ( Use of Titmus II testing equipment or its equivalent is required.)

4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz.

5. Radiological studies: Two view lumbar spine x-ray

6. Laboratory studies
a) Urinalysis: Sugar and Albumin

7. Mobility and Flexibility test (to include Jarmar grip test)

8. Pre-employment Drug and Alcohol Screening — A screening test for evidence of the use of the following drugs: Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine. The following positions shall undergo pre-employment substance screening:
a) Equipment Service Worker
b) Equipment Mechanic I ( Flex)
c) Equipment Mechanic II
d) Equipment Maintenance Supervisor
e) Equipment Maintenance Manager
f) Heavy Equipment Operator
g) Motor Sweeper Operator
h) Maintenance Worker II
i) Lead Maintenance Worker
10 Packet Pg. 685
j) Maintenance Supervisor
k) Tree Trimmer Assistant
1) Tree Trimmer I
m) Tree Trimmer II
n) Electrician I
o) Traffic Signal Technician II
p) HAZMAT Technician
q) Parks Maintenance Worker III

9. DMV Exam: conducted using the specific instructions provided by DMV Form DL -51 for each category and any deviation will be reported by the physician to the Director of Human Resources.

10. Written report of findings by physician within seven ( 7) days from day of the examination.

CLASS III: CLASSIFIED — Light to moderate physical demands upon employees.

1. Personal and family health history questionnaire review.

3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. ( Use of Titmus II testing equipment or its equivalent is required.)

4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz.

5. Laboratory studies:
a) Urinalysis: Sugar and Albumin
b) Urinalysis: Alcohol

6. Non -DOT drug screen — GCMS confirmation on all positive screens. 11 Packet Pg. 686

7. Written report of findings by physician within seven ( 7) days form day of the examination
CLASS III: Recreation — Positions in this category are Recreation series and Lifeguard series.

1. Personal and family health history questionnaire review.

2. TB testing for employees involved in work in the close proximity of children

3. Non -DOT drug screen — GCMS confirmation on all positive screens.

4. Laboratory studies:
a. Urinalysis: Alcohol
b. Written report of findings by physician within seven ( 7) days from day of the examination.
12 Packet Pg. 687
EXHIBIT A-3

CITY OF SAN BERNARDINO

ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT

THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT
(“Assignment”) is made and entered into as of the 1st day of June, 2022, by Fox Occupational Medical Center (“Assignor”), Occupational Health Centers of California, A Medical Corporation d/b/a Concentra Medical Centers (“Assignee”), and the City of San Bernardino, a charter city and municipal corporation organized and existing under the laws of the State of California (“City”).

WHEREAS, Assignor and City entered into that certain Vendor Services Agreement, dated July 1, 2018, for the purpose of providing pre-employment physicals and Fitness for Duty Evaluations (“Agreement”); and
WHEREAS, the Agreement was subsequently extended through June 30, 2022 pursuant to the terms of the Agreement; and
WHEREAS, pursuant to Section 5.5 of the Agreement, Assignor may not assign the Agreement without the written consent of the City; and
WHEREAS, Assignee has entered into an acquisition agreement with Assignor to acquire all of Assignor’s assets; and
WHEREAS, Assignor desires to assign the Agreement, Assignee agrees to assume the obligations of Assignor pursuant to the Agreement, and City desires to consent to such assignment of the Agreement.

NOW, THEREFORE, in consideration of the premises and their respective best interests, the parties agree as follows:

1. Assignor assigns to Assignee the rights and obligations of Assignor as provided in the Agreement.

2. Assignee accepts the assignment of the Agreement and agrees to assume and perform all covenants and obligations required of Assignor thereunder to the extent, but only to the extent, occurring or accruing from and after the date hereof. Assignee covenants and agrees to indemnify, save, defend and hold harmless Assignor from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring from and after the date hereof. Assignor hereby agrees to indemnify, save, defend and hold harmless Assignee from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring prior to the date hereof.

3. City hereby consents to the assignment by Assignor to Assignee pursuant to the terms hereof and acknowledges that from and after the date hereof, Assignee has assumed all of Assignor’s obligations with regard to the Agreement.

DocuSign Envelope ID: B566BC38-551E-45D9-B171-E56C1763DE9C DocuSign Envelope ID: 8592153C-4207-441C-9952-14FF15A8917E Packet Pg. 689
-2-

4. Assignor and City do hereby represent and warrant to Assignee neither party is in default under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement.

5. This Assignment may be executed in any number of counterpart copies which together shall constitute one and the same document; and a signed copy of this Assignment sent by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document.

IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written.

ASSIGNOR: ASSIGNEE:

Fox Occupational Medical Center Occupational Health Centers of California, A Medical Corporation
d/b/a Concentra Medical Centers
By: By: __
Name: Name: Kathy T. Le, MD, MPH
Title: Title: President and Treasurer
By:

Name:

Title:

CITY:

CITY OF SAN BERNARDINO
By: ______________________
Robert D. Field, City Manager
APPROVED AS TO FORM: ATTEST:
_________________
Best Best & Krieger LLP Genoveva Rocha, CMC
City Attorney City Clerk
DocuSign Envelope ID: B566BC38-551E-45D9-B171-E56C1763DE9C DocuSign Envelope ID: 8592153C-4207-441C-9952-14FF15A8917E Packet Pg. 690
-2-

IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written.

ASSIGNOR: ASSIGNEE:

Name:

Title:

CITY:

OWNER/PHYSICIAN
Packet Pg. 691
AMENDMENT NO. 1 TO

AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES

WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA,

DBA CONCENTRA MEDICAL CENTERS
This Amendment No. 1 to the Agreement for Pre-Employment Screen Services is made and entered into as of July 1, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and OCCUPATIONAL

HEALTH CENTERS OF CALIFORNIA, A MEDICAL CORPORATION DBA CONCENTRA MEDICAL CENTERS, a MEDICAL CORPORATION (“Consultant”).

City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, ending June 30, 2022, for the purpose of providing Pre-Employment Screening Services (the “Master Agreement”)
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional seven (7) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Master Agreement shall be extended for an additional seven (7) months (January 31, 2023), unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed twenty-five thousand, four hundred and ninety-nine dollars ($25,499) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of forty-nine thousand, nine hundred and ninety-nine dollars ($49,999). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

DocuSign Envelope ID: EFE098AC-31BD-49CB-8CCB-9E977585770A Packet Pg. 692

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: EFE098AC-31BD-49CB-8CCB-9E977585770A Packet Pg. 693
AMENDMENT NO. 1 TO

AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES

WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA,

DBA CONCENTRA MEDICAL CENTERS
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

OCCUPATIONAL HEALTH CENTERS

OF CALIFORNIA, DBA CONCENTRA

MEDICAL CENTERS
Signature
Name
Title
DocuSign Envelope ID: EFE098AC-31BD-49CB-8CCB-9E977585770A Kathy Le, MD (Feb 2, 2023 10:47 PST) Kathy Le, MD
Kathy T. Le, MD, MPH President and Treasurer
Packet Pg. 694
AMENDMENT NO. 2 TO

AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES

WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA,

DBA CONCENTRA MEDICAL CENTERS
This Amendment No. 2 to the Agreement for Pre-Employment Screen Services is made and entered into as of February 1, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and HEALTH CENTERS

OF CALIFORNIA, A MEDICAL CORPORATION DBA CONCENTRA MEDICAL CENTERS, a MEDICAL CORPORATION (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, ending January 31, 2023, for the purpose of providing Pre-Employment Screening Services (the “Master Agreement”)
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional two months (2) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Master Agreement shall be extended for an additional two months (2) months (April 30, 2023), unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 2 shall not exceed twenty-five thousand and one dollars ($25,001) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of seventy five thousand dollars ($75,000). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

Packet Pg. 695

5. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 696
AMENDMENT NO. 2 TO

AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES

WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA,

DBA CONCENTRA MEDICAL CENTERS
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

OCCUPATIONAL HEALTH CENTERS

OF CALIFORNIA, DBA CONCENTRA

MEDICAL CENTERS
Signature
Name
Title
Packet Pg. 697

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Resolution accepting the Federal Railroad
Administration Railroad Trespassing Enforcement
Grant. (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing:

1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures.

Background
On June 13, 2022, the Federal Railroad Administration released a notice of funding opportunity for the Railroad Trespassing Enforcement Grant Program. The purpose of the Railroad Trespassing Enforcement Grant Program is to reduce the occurrence of trespassing along the rails, thereby reducing trespassing safety-related incidents.

The solicitation was a nationwide competitive grant process to combat Railroad trespassing and Railroad Suicide Prevention. The funds are limited to pay officers’ regular and overtime wage rates and would incorporate mental health services, training for crisis response situations, and proactive patrols of locations determined to be “hot spots.” The Department applied and was awarded the grant in a previous grant cycle. The department applied to the current grant cycle on November 29, 2022. On April 4, 2023, the department received official notice of an approved grant award of $120,000, which is the maximum available award.

Discussion
The Railroad Trespassing Enforcement Grant is intended to reduce injury and death as a result of train strikes due to trespassing on the rails. The City is the largest major rail hub in Southern California, with more than 30 miles of federally regulated railroad tracks. The San Bernardino Police Department will use a data-driven approach to Packet Pg. 698
enforce the appropriate laws to discourage and change behavior likely to lead to trespass-related injuries.

In its application to the grant program, the City proposed “Operation Safe Rails II” to gain overtime funding to provide much-needed railroad trespassing enforcement and reduce trespassing and trespassing-related injuries. Enforcement will be data-driven and incorporate all-terrain vehicles, horse-mounted officers, drone surveillance, undercover surveillance vehicles, and uniformed officers in marked patrol cars. 2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
The financial impact to the City is $120,000 in revenues and expenditures in the FY 2022/23 Adopted Budget; grant account number 123-210-8788. Expenditures made under this grant will be reimbursed on a quarterly basis. There are no fund match requirements under this grant.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing:

1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures.

Attachments
Attachment 1 Resolution 2023-059
Attachment 2 FRA Award Announcement
Ward(s)
All
Synopsis of Previous Council Actions
August 5, 2020 Mayor and City Council adopted Resolution 2020-182, authorizing the City Manager to accept $80,000 for the
Federal Administration Railroad Trespassing Enforcement Grant, and authorizing the Director of Finance to amend the FY 2020/21 adopted budget.

Packet Pg. 699
Resolution No. 2023-059
Resolution 2023-059
May 3, 2023

Page 1 of 3 ends

Mayor and City CouncilMay 3, 2023

Mayor and City Council
May 3, 2023