Agenda packet — Mayor and City Council, May 3, 2023 (part 1 of 8)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 03, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p.12
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process)
7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Mayor and City Council of the City of San Bernardino Page 3

PRESENTATIONS

1. Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May 2023 (AllWards) p. 13

2. Proclamation for the 54th Annual Professional Municipal Clerks Week in the City of San Bernardino – April 30th May 6th, 2023 p.15

3. Proclamation Recognizing Water Safety Month in the City of San Bernardino – May 2023 (All Wards) p. 17

APPOINTMENTS

4. Charter Review Committee Appointment (Ward 6) p. 19

5. Public Safety and Human Relations Commission Appointment (Ward 6) p.28

6. Downtown Advisory Committee Reappointment (Ward 2) p. 39

7. General Plan Advisory Committee Reappointment (Ward 2) p. 53

8. Planning Commission Reappointment (Ward 2) p.63

9. Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment) p. 72

10. Animal Control Commission Appointment of Jason KakpoMoore (Mayor’s Appointment) p.80

CONSENT CALENDAR

11. Adoption of Ordinance No. MC1616 (Annexation 29) (Ward 3) p. 88 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1616 amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services).

12. Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5) p. 98 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3.

13. Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue (Ward 1) p.195
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue.

Mayor and City Council of the City of San Bernardino Page 4

14. Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1) p. 208
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street.

15. FY20232024 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) Agreements p. 222
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino:

1. Approve FY 20222023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC), and

2. Approve FY 20222023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB).

16. Approval of Commercial and Payroll Disbursements (All Wards) p.591 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.

17. Investment Portfolio Report for February and March 2023 (All Wards) p.641 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.

18. Second Amendment to the Concentra Medical Centers Professional Services Agreement for Preemployment (All Wards) p. 658
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 preemployment and screening services, effective February 1, 2023 – April 30, 2023.

19. Resolution Accepting the Federal Railroad Administration Railroad Trespassing Enforcement Grant. p. 698
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023059, 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.

Mayor and City Council of the City of San Bernardino Page 5

20. Receive Annual Military Equipment Report and Approve Future Purchases p.743 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Receive and file the Department’s annual military equipment use report;

2. Approve the Department’s request to acquire additional lifesaving equipment in accordance with Assembly Bill 481.

21. Approving Amendment No. 1 to Cooperative Agreement No. 201002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project (Ward 1) p. 1070 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20 1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project.

22. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for OnCall Engineering Services and Approval of Amendment No. 1 to Professional Services Agreement (All Wards) p. 1101 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California

1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for OnCall Engineering Services; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and

3. Approve Amendment No. 1 to Professional Services Agreement for OnCall Engineering Services.

DISCUSSION

23. Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC) and pay liquidated damages associated with said termination (Ward 1) p.1281 Recommendation:

It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination.

Mayor and City Council of the City of San Bernardino Page 6

PUBLIC HEARING

24. Appeal 2301 of Conditional Use Permit 2118 and Public Convenience or Necessity Letter 2107 (Ward 1) p.1302
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023060 denying Appeal 2301 thereby upholding the Planning Commission’s denial of Conditional Use Permit 2118 and Public Convenience or Necessity Letter 2107 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(OffSale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 013808119) within the Commercial General (CG1) zone (Attachment 1)

25. Appeal 2302 for Conditional Use Permit 2213 and Minor Exception 2204 p. 1361 Recommendation:

Adopt Resolution No. 2023061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 2302 thereby upholding Planning Commission’s denial of Conditional Use Permit 2213 and Minor Exception 2204 to allow the development, establishment, and operation of a selfstorage facility comprised of two (2) multistory buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirtythree (33) feet located at 1534 W.

Highland Avenue (APN: 014817404, 10, 11, 15 through 18), within the Commercial General (CG1) zone.

26. Proposed Fiscal Year 202324 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) p. 1447
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year 202324 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and

2. Consider any necessary changes to the proposed Fiscal Year 202324 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development.

27. Community Facilities District No. 20182 (Verdemont Ranch) 2023 Special Tax Bonds p. 1737 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023062,

1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 20182 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds;

2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E;

3. Making certain determinations relating thereto; and

4. Authorizing certain other actions in connect therewith.

Mayor and City Council of the City of San Bernardino Page 7

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

28. Consider Extending Notification Period of Public Hearings (All Wards) – Council Member Reynoso p. 1970

29. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso p. 1971

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on May 17, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.

Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the May 3, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, April 28, 2023.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 8 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda or not on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 9 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 10

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoommeeting. i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023 The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak.

If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...
8) Join the Meeting by clicking on the Zoom link below:

Mayor and City Council of the City of San Bernardino Page 11 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453
Passcode:2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2023
Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney; Charles E. McNeely Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process)
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino –
May 2023 (All Wards)

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PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING MAY 2023, AS

ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, Asian American Pacific Islander Heritage Month is observed annually in May; and,
WHEREAS, the City of San Bernardino wishes to pay tribute to the generations of Asian Americans, Native Hawaiians, and Pacific Islanders in our community; this month provides us an opportunity to reflect on the vibrant culture and innumerable contributions AAPI residents make to our community; and, WHEREAS, the national theme for AAPI Heritage Month 2023 is “Advancing Leaders Through Opportunity”, San Bernardino encourages greater participation, inclusion, and leadership training for our AAPI residents, acknowledging they will be instrumental to the future success of our City; and,
WHEREAS, in 2022, the City of San Bernardino residents elected its first AAPI mayor and the first Vietnamese American female mayor in the history of the United States; and,
WHEREAS, the history of Asian Americans and Pacific Islanders is filled with stories of resilience, persistence, and determination, we value AAPI citizens as an integral part of the fabric of our community; and,
WHEREAS, as we celebrate AAPI Heritage Month, we must remain vigilant to prevent anti-Asian hate crimes in our community and must be a welcoming and safe place for AAPI citizens. San Bernardino is a city where all have an opportunity to thrive, and;
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby designate May 2023, as Asian American and Pacific Islander Heritage Month. We further encourage our residents to explore AAPI history, culture, and accomplishments and to support local events commemorating this rich heritage.

Presented this 5th day of May 2023
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for the 54th Annual Professional
Municipal Clerks Week in the City of San Bernardino –
April 30th - May 6th, 2023
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PROCLAMATION OF THE MAYOR AND CITY COUNCIL
54th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK
April 30th - May 6th, 2023
WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world; and, WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants; and,
WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and,
WHEREAS, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and, WHEREAS, The Professional Municipal Clerk serves as the information center on functions of local government and community; and,
WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and, WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk, and;
NOW THERFORE BE IT PROCLAIMED THAT the Mayor and City Council of San Bernardino herby recognize the week of April 30th through May 6th, 2023, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Genoveva Rocha and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Presented this 3RD day of May 2023
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation Recognizing Water Safety Month in the City of San Bernardino – May 2023 (All Wards)

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Proclamation of Mayor & City Council
Recognizing Water Safety Month
WHEREAS, May as Water Safety and Drowning Prevention Month was established through a collaborative effort across the country to promote water safety and drowning prevention; and
WHEREAS, each year, drowning incidents result in hundreds of emergency room visits, including hospital stays and potential life-altering and permanent disabilities of City of San Bernardino Residents and Visitors; and
WHEREAS, the California Department of Public Health reports that between 2016-2021, 2,559 California residents died from drowning, 168 were hospitalized, and 5,854 were treated in an emergency department for non-fatal drowning; and WHEREAS, City of San Bernardino acknowledges the launch of the California Water Safety Strategy, which highlights knowledge gaps, major priorities, and action areas where focus is required to reduce the burden of drowning across the state; and WHEREAS, the City of San Bernardino and the community at large acknowledge that drowning is a complex issue and that progress in reducing the burden and occurrence of fatal and non-fatal drowning requires collaboration between different sectors and stakeholders with diverse perspectives and approaches.

NOW THEREFORE BE IT RESOLVED THAT the Mayor and Council of the City of San Bernardino City Council herby proclaim on this 3rd of May 2023, that they commend City of San Bernardino Parks, Recreation and Community Services Department; Aquatics Division, for their efforts to prevent drowning of City of San Bernardino Residents and Visitors. Additionally, reminding everyone to be safer in and around the water this summer and all year long; We hereby declare the month of May as “Water Safety and Drowning Prevention Month”.

Presented this 3rd day of May 2023
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Kimberly Calvin, Council Member, 6th Ward
Department: Council Office
Subject: Charter Review Committee Appointment (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Rikke Van Johnson to the Charter Review Committee representing Ward 6. Mr. Johnson will replace Rakayla D. Simpson with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Background
The Charter Review Committee was established by Resolution No. 2017-243 on December 20, 2017 and is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government.

The committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor.
2021-2025 Strategic Targets and Goals
The proposed committee appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Mr. Rikke Van Johnson to the Charter Review Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Committee application – Mr. Rikke Van Johnson Attachment 2 – Resolution 2017-243
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

December 20, 2017 – Resolution No. 2017-243 establishing the Charter Review Committee was adopted.

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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Kimberly Calvin, Council Member, 6th Ward
Department: Council Office
Subject: Public Safety and Human Relations Commission
Appointment (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Rakayla D. Simpson to the Public Safety and Human Relations Commission representing Ward 6. Ms. Simpson will replace Savannah J. Taylor with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Background
The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018, and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering).

The commission is comprised of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Strategic Target 2 Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

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Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Rakayla D. Simpson to the Public Safety and Human Relations Commission with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Ms. Rakayla D. Simpson Attachment 2 - Resolution No. 2018-46
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted.

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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: Downtown Advisory Committee Reappointment (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Amelia S. Lopez to the Downtown Advisory Committee representing Ward 2 with the term ending December 2026.

Council Staff has verified that appointee is a registered voter within the City.

Background
The Downtown Advisory Committee was established by Resolution No. 2021-88 on February 17, 2021.

Discussion
The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and City Council to advise City staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act.

The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business. 2021-2025 Strategic Targets and Goals
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The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, approve the reappointment of Ms. Amelia S. Lopez to the Downtown Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission Application – Ms. Amelia S. Lopez Attachment 2 – Resolution No. 2021-88
Attachment 3 – Ordinance No. MC-1552
Ward:

Second Ward
Synopsis of Previous Council Actions:

February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted.

April 7, 2021 Ordinance No. MC-1552 allowing non-city residents who have a Current business license to be appointed to the
committee (not to exceed 25% of the committee
membership) was adopted.

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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: General Plan Advisory Committee Reappointment
(Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Amelia S. Lopez as a voting member to the General Plan Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The General Plan Advisory Committee was established by Resolution No. 2021-102 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution 2021-154.

Discussion
The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update of the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act.

The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council member will appoint two (2) members. One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternate member. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to Packet Pg. 53
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2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, approve the reappointment of Ms. Amelia S. Lopez as a voting member to the General Plan Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Ms. Amelia S. Lopez Attachment 2 - Resolution No. 2021-154
Ward:

Second Ward
Synopsis of Previous Council Actions:

January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted.

June 16, 2021 Resolution No. 2021-02 was repealed and replaced with Resolution No. 2021-154 changing the number of members
for the General Plan Advisory Committee and identifying voting and alternate appointees.

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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: Planning Commission Reappointment (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Amelia S. Lopez to the Planning Commission representing Ward 2. Council Staff has verified that appointee is a registered voter within the City.

Background
The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters.

The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
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It is recommended that the Mayor and City Council of the City of San Bernardino, approve the reappointment of Ms. Amelia S. Lopez to the Planning Commission representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Ms. Amelia S. Lopez Attachment 2 – Ordinance No. MC-1473
Ward:

Second Ward
Synopsis of Previous Council Actions:

March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code Related to the Planning Commission was established.

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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Angela Halfman to the Animal Control Commission with the term ending December 2026.

Background
The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter.

Members are appointed to this commission on the basis of demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission.

2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

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Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Angela Halfman to the Animal Control Commission with the term ending December 2026.

Attachments
Attachment 1 – Commission application – Angela Halfman
Attachment 2 – Resolution No. 2018-45
Ward:

All Wards
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted.

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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 3, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Animal Control Commission Appointment of Jason Kakpo-Moore (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Jason Kakpo-Moore to the Animal Control Commission. Jason Kakpo-Moore will replace Reginald L. Woods with the term ending December 2026.

Background
The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter.

The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor nominates two members. 2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
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No fiscal impact to City,
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Jason Kakpo-Moore to the Animal Control Commission. Jason Kakpo-Moore will replace Reginald L. Woods with the term ending December 2026.

Attachments
Attachment 1 – Commission application – Jason Kakpo-Moore Attachment 2 – Resolution No. 2018-45
Ward:

All Wards
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted.

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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
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Adoption of Ordinance No. MC-1616 (Annexation 29) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district.

Discussion
On April 5, 2023, Ordinance No. MC-1616 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Strategic Targets and Goals
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Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 Ordinance No. MC-1616 (Ordinance Levying
Special Taxes)
Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “MelloRoos Community Facilities Act of 1982.” July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019- 20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

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August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019- 20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

March 1, 2023 Mayor and City Council adopted Resolution No. 2023-032, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” April 5, 2023 Mayor and City Council adopted Resolution No. 2023-053 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 29), and adopted Resolution No. 2023-054 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 29); and introduced Ordinance No. MC-1616 amending Ordinance No. MC-1522.

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Ordinance No. MC-1616
1 ORDINANCE NO. MC-1616

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on April 5, 2023, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg. 91
Ordinance No. MC-1616
2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May, 2023.

Helen Tran, Mayor
City of San Bernardino
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Ordinance No. MC-1616
3 Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Ordinance No. MC-1616
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1616, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5th day of April, 2023. Ordinance No. MC-1616 was approved, passed and adopted at a regular meeting held the 3rd day of May, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2023.

Genoveva Rocha, CMC, City Clerk
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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 29 is currently comprised of three (3) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0280-051-11 CIVF VI – CA1W01, LLC
0280-051-12 CIVF VI – CA1W01, LLC
0280-051-15 CIVF VI – CA1W01, LLC
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HOLDEN DR
VALLEY
VIEW
AVE
GIFFO
R
D
AVE
FOIS
Y
S
T

SANTA FE ST
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MILL ST

SPRUCE ST

S EI RRA WA

NINTH ST Y
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST RANCHO AVE BASE LINE ST

CEDAR AVE

T PI PECANOE ST

CENTRAL AVE

MT VERNON AVE

NORMAN RD

PENNSYLVANIA AVE

WATERMAN AVE ACADEMY ST
MT V. IEW AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦215
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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 29

PROJECT MAP
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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
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations
and Maintenance of the Shandin Hills Golf Course
(Ward 5)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3.

Background
The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was constructed between 1980 and 1986 and consists of an 18-hole golf course, an 18,409 square foot clubhouse/banquet facility and maintenance facility. The property is designated as Public/Commercial Recreational (“PCR”) on both the General Plan Land Use Map and on the Zoning Map.

The property was originally owned by the former San Bernardino Redevelopment Agency (“Agency”) and records indicate that the Agency purchased the property through three separate property transactions. The land that comprises the golf course was acquired by the Agency in order to meet the revitalization goals of the City and to alleviate the existence and spread of physical and economic blight throughout the City.

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Over the years, there have been a number of operators that have managed the operations and maintenance of the golf course and the related ancillary facilities. In August 2014, the lease was assigned to CF Shandin Hills ARCIS LLC (“ARCIS”). In 2015, subsequent to the approval of the Long Range Property Management Plan, the Shandin Hills Golf Course was transferred from the Successor Agency to the City.

On April 6, 2020, the City of San Bernardino received a letter from CF Shandin Hills ARCIS, notifying the City of their intention to terminate their lease with the City within 30 days from the date of the letter; it was received at the beginning of the COVID 19 pandemic. Shortly thereafter, the County of San Bernardino ordered that a variety of public facilities county-wide be closed, including golf courses. Based on discussions between ARCIS and the City, ARCIS’ lease was terminated, but ARCIS agreed to manage the golf course on an interim basis while the City evaluated its long-term options for the facility.

On June 6, 2020, the City Council approved an Interim Golf Course Management Agreement (the “Interim Agreement”) between the City of San Bernardino and ARCIS for a period of 12 months. The Interim Golf Course Management Agreement afforded the City time to evaluate and determine the highest and best use of the Shandin Hills Golf Course. Staff also intended to evaluate the conditions of the entire facility to identify the costs related to deferred maintenance. On June 16, 2021, the Interim Agreement was amended to extend the term of the agreement. On August 18, 2021, ARCIS and the City entered into Amendment No. 2 to the Interim Agreement which extended the term of the agreement, increased the Management Fee paid to ARCIS and provided for revenue sharing between ARCIS and the City.

Discussion
ARCIS has indicated to the City that it wishes to end this interim management arrangement. During the extended term of the Interim Agreement, the City has been in discussions with a new management company to take over management of the Shandin Hills Golf Course. At this point in time, the City has negotiated a management agreement with a new operator, Local Golf Management, LLC (“Local Golf”). Local Golf will be ready to take over management of the Shandin Hills Golf Course on June 1, 2023; however, there is a potential gap of coverage between the termination of the Interim Agreement and the start date of the new management agreement. As a result, staff approached ARCIS to negotiate one final extension with ARCIS to ensure that management of the Shandin Hills Golf Course will not be impacted.

Amendment No. 3 to the Interim Agreement is necessary to address three issues regarding the current state of operations.

First, ARCIS will increase their management fee from $15,000 to $20,000 for the months of April and May 2023 to remedy their operational challenges stemming from their retention of a golf course superintendent. Said superintendent is vital to coordinate and manage all aspects of the daily golf course operations. The increased amount requested is nominal when compared to the viability and operational necessity Packet Pg. 99
thereof. Further, this short-term negotiated increase is imperative to continue the city’s transition to a new golf management company.

Second, while negotiations have carried on with the new management company, ARCIS has been operating the Shandin Hills Golf Course on a month-to-month basis.

As a result, an amendment is necessary to accurately describe ARCIS’ management responsibilities that have occurred between January 1, 2023, and May 31, 2023.

Amendment No. 3 accurately presents the captures of the fees earned by ARCIS for carrying out its management responsibilities during this transition period.

Finally, this Amendment No. 3 ensures that there is no gap in coverage for operations of the Shandin Hills Golf Course and provides additional time for Local Golf and ARCIS to coordinate the transition of management services.
2021-2025 Strategic Targets and Goals
The approval of Amendment No. 3 to the Interim Golf Course Management Agreement, for the operation and maintenance of the Shandin Hills Golf Course, is consistent with Key Target No 1: Improved Operational & Financial Capacity. Specifically, it will ensure that the golf course continues to operate while the City evaluates the highest and best use of the property in the future.

Fiscal Impact
The approval of Amendment No. 3 to the Interim Golf Course Management Agreement will increase the monthly management fee paid to Arcis Golf from $15,000 per month to $20,000 per month on an interim basis. This expense will be offset with the revenue share arrangement under the terms of the agreement and will not have a measurable impact on the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3.

Attachments
Attachment 1 Resolution No. 2023-058
Attachment 2 Interim Golf Course Management Agreement - 3rd Amendment Attachment 3 Interim Golf Course Management Agreement – 2nd Amendment Attachment 4 Original Golf Course Management Agreement
Ward:

Fifth Ward
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Synopsis of Previous Council Actions:

June 3, 2020 Mayor and City Council adopted Resolution No. 2020-123 ratifying the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course.

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-161 which approved the First Amendment to the Interim Agreement resulting in a 60-day term extension.

August 18, 2021 Mayor and City Council adopted Resolution No. 2021-209 which approved the Second Amendment to the Interim Agreement that extended the term of the Agreement, increased the Management Fee and provided for revenue sharing.

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Resolution No. 2023-058
Resolution 2023-058
May 3, 2023

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RESOLUTION NO. 2023-058

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE THIRD AMENDMENT TO THE

INTERIM GOLF COURSE MANAGEMENT AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO AND CF

SHANDIN HILLS ARCIS LLC
WHEREAS, on April 6, 2020, the City Manager received a Termination Letter from CF Shandin Hills ARCIS LLC (“ARCIS”) informing the City that they would be terminating their lease with the City to manage and maintain the Shandin Hills Golf Course in 30 days from the date of the letter; and
WHEREAS, over the preceding six weeks, staff worked in earnest with ARCIS and came to a mutual agreement on the Interim Golf Course Management Agreement. This was the best available option to the City during these trying times; and WHEREAS, the termination of the golf course lease and the emergency caused by the spread of COVID-19 pandemic, created an urgent need to ensure the City’s golf course property is maintained and preserved; and
WHEREAS, on May 20, 2020, in accordance with Section 2.46.090.A.6.b., the City Manager took immediate action to execute the Interim Golf Course Management Agreement (“Interim Agreement”) to ensure the preservation of the Shandin Hills Golf Course property and to protect an important revenue stream to the City; and WHEREAS, on June 3, 2020, the Mayor and City Council Adopted Resolution No. 2020- 123 ratifying the Interim Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC (ARCIS) to manage and operate the Shandin Hills Golf Course for the City; and WHEREAS, on June 16, 2021, the Mayor and the City Council entered into Amendment No. 1 to the Interim Agreement extending the term of the Agreement for a period of 60 days to finalize the negotiations to extend the Agreement for a longer term; and WHEREAS, on August 18, 2021, the Mayor and City Council entered into Amendment No. 2 to the Interim Agreement for the purpose of extending the term of the Interim Agreement, increasing the Management Fee paid to ARCIS, and instituting revenue sharing provisions between the Parties; and
WHEREAS, ARCIS has provided notice to the City that it desires to cease managing the Shandin Hills Golf Course; and
WHEREAS, City staff has been in negotiations with a new operator to take over management of the Shandin Hills Golf Course; and
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Resolution No. 2023-058
Resolution 2023-058
May 3, 2023

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WHEREAS, ARCIS has continued to manage the Shandin Hills Golf Course on a monthto-month basis while the City is finalizing plans for a new operator to take over the Shandin Hills Golf Course; and
WHEREAS, City staff estimates that the new operator will be ready to take over management of the Shandin Hills Golf Course on June 1, 2023; and WHEREAS, a third amendment to the Interim Agreement is needed to ensure continuous management of the Shandin Hills Golf Course until the day when the new operator can take over; and
WHEREAS, a third amendment to the Interim Agreement is also needed to accurately reflect ARCIS’ management responsibilities from January 1, 2023 to May 31, 2023.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The Mayor and City Council hereby approves the Third Amendment to the Interim Agreement, attached hereto as Exhibit “A”, and authorizes the Interim City Manager or designee to execute the Third Amendment to the Interim Agreement.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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Resolution No. 2023-058
Resolution 2023-058
May 3, 2023

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Genoveva Rocha, CMC, City Clerk
Approved as to form:

Best Best & Krieger LLP, City Attorney
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Resolution No. 2023-058
Resolution 2023-058
May 3, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-058, adopted at a regular meeting held on the 3rd day of May 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk
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AMENDMENT NO. 3 TO

INTERIM GOLF COURSE MANAGEMENT AGREEMENT
WITH EVERGREEN ALLIANCE GOLF LIMITED, L.P.

This Amendment No. 3 to the Interim Golf Course Management Agreement is made and entered into as of January 1, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Evergreen Alliance Golf Limited, L.P. d/b/a Arcis Golf, a Delaware limited partnership (“Manager”).

City and Manager are sometimes referred to herein individually as a “Party” and collectively as “Parties.” (Referred to as Exhibit “A” in the corresponding Resolution).

RECITALS
A. WHEREAS, the City and the Manager have entered into an agreement, dated May 20, 2020, for the purpose of providing services for the management and operation of the Shandin Hills Golf Course (the “Master Agreement”).

B. WHEREAS, the City and the Manager have entered into Amendment No. 1 to the Master Agreement, dated June 16, 2021, for the purpose of extending the term of the Master Agreement.

C. WHEREAS, the City and the Manager have entered into Amendment No. 2 to the Master Agreement, dated August 18, 2021, for the purpose of extending the Master Agreement, increasing the Management Fee, and instituting revenue sharing provisions between the Parties.

D. WHEREAS, the City and the Manager desire to enter in an amendment to the Master Agreement in order to extend the term of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 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 through May 31, 2023, unless earlier terminated. Notwithstanding the foregoing, the term may extend beyond this date through a month-to-month arrangement agreeable to both Parties.

3. Amendment to Section 5 of the Master Agreement. Section 5 of the Master Agreement shall be amended to read as follows:
“Section 5. Management Fee. From the Commencement Date of this agreement and continuing through August 31, 2021, Manager shall be paid a fee for the Packet Pg. 106
-2-
management of the operations of the Golf Course of ten thousand dollars ($10,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3.

Because the Commencement Date occurs on a date other than the first of the month, the Management Fee shall be pro-rated on a daily basis on a ratio of remaining days in the month as the same bears to the total days in the month (i.e., May 2020 Management Fee shall be $8,064.52 based on the Commencement Date).

Beginning September 1, 2021 and continuing through March 31, 2023, Manager shall be paid a fee for the management of the operations of the Gold Course of fifteen thousand dollars ($15,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3.

Beginning April 1, 2023 and continuing throughout the balance of the term, (May 31, 2023) Manager shall be paid a fee for the management of the operations of the Golf Course of twenty thousand dollars ($20,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3.”

4. Full Force. Except as amended by this Amendment No. 3, 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. 3.

5. Electronic Transmission. A manually signed copy of this Amendment No. 3 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. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 3 TO THE

INTERIM GOLF COURSE MANAGEMENT AGREEMENT
WITH EVERGREEN ALLIANCE GOLF LIMITED, L.P.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

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

Best Best & Krieger LLP
City Attorney

MANAGER

EVERGREEN ALLIANCE GOLF
LIMITED, L.P. D/B/A ARCIS GOLF
Signature
Name
Title
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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;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue
(Ward 1)
Recommendation:

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was Packet Pg. 195
received on July 26, 2022, from PME Oakmont Tippecanoe, LP. The stated reason for the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is to accommodate a new industrial warehouse development.

Discussion
The proposed development will feature a 337,300 square foot industrial warehouse building on an approximately 14.3-acre property located at the southwest corner of the intersection of Ninth Street and Tippecanoe Avenue. On November 30, 2022, the Development and Environmental Review Committee of the City of San Bernardino adopted Resolution No. 2022-051-D/ERC which adopted a Mitigated Negative Declaration and caused a Notice of Determination certifying the City’s compliance with the California Environmental Quality Act (CEQA) to be filed with the Clerk of the Board of Supervisors for the County of San Bernardino on November 30, 2022, for the proposed industrial warehouse project.

If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns.

Future actions by the City will consist of:
• Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320
• Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323
• Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324
• Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community, specifically 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue.

Attachments
Attachment 1 Petition
Attachment 2 Grant Deed
Attachment 3 Legal Description and Plat Map
Attachment 4 Aerial Map
Ward:

First Ward
Synopsis of Previous Council Actions:

None
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HUITT-ZOLLARS, INC.  2603 Main Street  Suite 400  Irvine, CA 92614-4250  949.988.5815 phone  949.988.5820 fax  huitt-zollars.com R:\R314211.01\02\02.10\ROW Vacation
R314211.01
05-17-2022

REVISED
12-28-2022
EXHIBIT "A"

LEGAL DESCRIPTION

RIGHT OF WAY VACATION
Those portions of Parcel 2S described in that certain Grant Deed, in the City of San Bernardino, County of San Bernardino, State of California, recorded October 29, 1954, in Book 3495, Page 381, of Official Records, in the office of the County Recorder of said county; together with that portion as of the land described in that certain Grant Deed, in said City of San Bernardino, recorded October 29, 1954, in Book 3495, Page 387, of said Official Records, all lying within Lot 3 of the Map of Jackson Subdivision, in said City of San Bernardino, as shown on the map filed in Book 18, Page 77, of Maps, in said office of the County Recorder described in parcels as follows:

Parcel 1:

BEGINNING at the Northwesterly terminus of that certain course shown as having a bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County Recorder; thence along the Northwesterly prolongation of said course North 45°03'55" West 7.07 feet to a line being parallel with and 5.00 feet Northerly of the Southerly line of said Parcel 2S; thence along said parallel line South 89°56'04" West 495.64 feet to the Easterly line of the Westerly 150.00 feet of said Lot 3; thence along said Easterly line South 00°14'24" East 5.00 feet to the Southerly line of said Grant Deed recorded in Book 3495, Page 387 of said Official Records; thence along said Southerly lines of said Grant Deed and Parcel 2S North 89°56'04" East 550.64 feet back to the POINT OF BEGINNING.

Containing an area of 2,492 square feet, more or less.

Parcel 2:

BEGINNING at the Southeasterly terminus of that certain course shown as having a bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County Recorder; thence along the Southeasterly prolongation of said course South 45°03'55" Packet Pg. 203
EXHIBIT "A" R314211.01
LEGAL DESCRIPTION-CONTINUED 05-17-2022
PAGE 2 REVISED
12-28-2022
East 9.90 feet; thence South 01°09'45" East 173.03 feet to the Southerly line of said Parcel 2S; thence along the Southerly and Westerly lines of said Parcel 2S the following two (2) courses: South 89°56'40" West 10.50 feet and North 00°00'20" West 180.00 feet to the POINT OF BEGINNING.

Containing an area of 1,518 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. ___________________________________
DAVID W. MACKEY, PLS 8912
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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;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1)
Recommendation:

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley or street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of Broadway Avenue was received on July 7, 2022, from Bryan and Billy Henley, owners of a property located on the eastern side of the intersection of North “J” Street and Broadway Avenue (APN: 0138-273-71-0000). The stated reason for the petition to vacate this portion of the street is to accommodate future development of the parcel of land that will include a 25-bed congregate housing Packet Pg. 208
facility and a 45-bed assisted living facility. Vacating this portion of the unused street will adjoin split parcels, thus maximizing future development.

Discussion
If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns.

Future actions by the City will consist of:
 Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320
 Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323
 Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324
 Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community, specifically 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant paid $1,040 in fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street.

Attachments
Attachment 1 – Petition
Attachment 2 – Grant Deed
Attachment 3 -- Legal Description and Plat Map
Attachment 4 -- Aerial Map
Ward:

First Ward
Synopsis of Previous Council Actions:

None
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EXHIBIT "A"

LEGAL DESCRIPTION

STREET VACATION
APN: 0138-273-071
“ ”
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L=3 47 .4 0' , R=4 8 2 .0 6' D=4 1° 17 ' 27 " C1
C2 L2
L3 L4
N89° 35' 26"E 200.00' N00° 20' 56"W 196.21' L5
A.P.N.: 0138-273-71
LOT 10
LOT 9
LOT 8
LOT 7
LOT 6
M.B. 03/79
LOT 11
LOT 12
LOT 13
CARTER'S SUB-DIVISION (RSB 166/66-74) RAILROAD SURVEY OF THE

SAN BERNARDINO COUNTY
W "3RD" STREET

W BROADWAY STREET
MAIN STREET N "J" STREET
CL
CL
LC
CL
N29°19'54"E RADIAL
CARTER'S SUBDIVISION OF LOTS 1, 2, 3, 16, 17, & 18
IN BLOCK 15 OF THE SAN

BERNARDINO RANCHO
RS 18-160
N66°13'39"E R N68°47'31"E R

VACATED PER
INST 2017-0455323
N89° 37' 06"E 104.37'
5,024 sf

STREET VACATED
EXHIBIT "B"
Feet
0 70 140
C1
C2
L2
L3
L4
L5
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Area of proposed Street
Vacation
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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;
Nathan Freeman, Agency Director of Community, Housing and Economic Development
Department: Community & Economic Development (CED)
Subject: FY2022-2023 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG)
Agreements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve FY 2022-2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC); and

2. Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB).

Background
The United States Department of Housing and Urban Development (HUD) awards Community Development Block Grant (CDBG) to entitlement communities to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. The City of San Bernardino (City) is an entitled City and has been awarded Emergency Solutions Grants (ESG) pursuant to Subtitle B of Title IV of the McKinneyVento Homeless Assistance Act, as amended by Division B of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, for the Packet Pg. 222
rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. A key element of the CDBG and ESG Program is the required subrecipient agreements for measuring the subrecipients’ performance and regulatory compliance.

At a public hearing on July 20, 2022, the City Council approved the proposed Fiscal Year 2022-23 Annual Action Plan (FY22-23 Action Plan) for submittal to HUD funding under CDBG, HOME, and ESG programs and authorized the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the proposed HUD Fiscal Year 2022-23 Annual Action Plan and Certification to HUD.

The FY22-23 Action Plan approved and awarded:

ESG Recipients
• Lutheran Social Services of Southern California (LSS) $ 70,000 • Community Action Partnership (CAP) $ 25,000
• Salvation Army (SA) $100,000
CDBG Recipients
• Inland Fair Housing and Mediation Board (IFHMB) $ 73,000 Services
The ESG and CDBG subrecipients provide the following:

1. Lutheran Social Services provides emergency homeless shelter and essential services to unhoused men including case management and medical oversight.

2. Community Action Partnership of San Bernardino County directly assist homeless individuals and those at risk of homelessness with obtaining appropriate supportive services including, but not limited to temporary or permanent housing, rapid rehousing, relocation, medical and mental health treatment, and counseling.

3. Salvation Army provides emergency shelter to homeless families with children in the form of shelter beds and motel vouchers. Salvation Army also assist with meal provisions, assistance with benefits, assistance with important documentation (birth certificate, social security card) job placement, family relocation and connections to social programs to help with housing stabilization.

4. Inland Fair Housing and Mediation Board provides landlord and tenant mediation in the form of education, outreach, enforcement and administrative services to address fair housing issues encountered by city residents and to assist the City in supporting and sustaining inclusive neighborhoods.

The Agreements were executed before Council’s approval and routed for signatures via the City’s DocuSign requirements. On March 27, 2023, the IFHMB agreement was approved. On April 6, 2023, the LSS agreement was approved, and currently the CAP’s agreement is pending the final DocuSign signature from the CAP’s authorized Packet Pg. 223
representative. On April 6, 2023, the Housing staff was notified by the City Attorney’s office that the Salvation Army’s ESG Subrecipient Agreement was declined, stating the approval of the FY22-23 Action Plan, on July 20, 2022, does not separately authorize the subrecipient agreements. Staff then realized that the Agreements for Salvation Army, Lutheran Social Services of Southern California and Inland Fair Housing and Mediation Board were also executed prematurely prior to Council’s approval.

Discussion
Although the AAP was not approved by Council until July 20, 2022, execution of the Agreements is made effective as of July 1, 2022, which is the beginning of the program year. Housing staff believed the executed Agreements were permitted under the premise that Council had already approved the Annual Action Plan (AAP) that outlined said vendors and amounts to be allocated for service. The execution of documents are necessary to effectuate the submittal of the proposed HUD Fiscal Year 2022-23 Annual Action Plan.

Under the guidance of BB&K, the Housing Staff is returning to the City Council to seek separate approval for the CDBG and ESG subrecipient Agreements. Once Council approves the Agreements, purchase orders will be processed utilizing the currently approved A
greements for LSS, CAP, IFHMB, and SA to issue purchase orders. 2021-2025 Strategic Targets and Goals
The request to approve the Subrecipient Agreements aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities.

Fiscal Impact
Approval of the Subrecipient Agreement will not impact the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

2. Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB).

Attachments
Attachment 1 ESG Program Subrecipient Agreements with Community Action Partnership
Packet Pg. 224
Attachment 2 ESG Program Subrecipient Agreements with Lutheran Social Services of Southern California
Attachment 3 ESG Program Subrecipient Agreements with Salvation Army Attachment 4 CDBG Program Subrecipient Agreements with Inland Fair Housing and Mediation Board
Attachment 5 FY2022-23 Annual Action Plan
Ward
All Wards
Synopsis of Previous Council Actions
July 20, 2022 The Mayor and City Council approved the City of San Bernardino’s Draft Fiscal Year 2022-23 Action Plan (FY
2022/23 AP).

Packet Pg. 225
1 EMERGENCY SOLUTIONS GRANTS PROGRAM

SUBRECIPIENT AGREEMENT

THIS EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT
AGREEMENT (the "AGREEMENT") is made and entered into as of March 16, 2023, by and between the CITY OF SAN BERNARDINO, a California municipal corporation, ("CITY"), and Community Action Partnership of San Bernardino County, a non-profit public benefit corporation licensed to do business in the State of California, 696 S. Tippecanoe Avenue, San Bernardino CA 92408, ("SUBRECIPIENT"), DUNS Number 14663296.

RECITALS:

1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371–11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance (“CFDA”) 14.231 and Federal Award Identification Number (FAIN) E-19-MC-06- 0539. For purposes of this Agreement, the ESG shall be deemed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time.

2. The CITY and SUBRECIPIENT (each, a "Party" and jointly, the "Parties") desires to enter into this AGREEMENT so that SUBRECIPIENT may receive a subgrant of the ESG funds in consideration of SUBRECIPIENT'S participation in the CITY'S ESG by the provision of the operation of an emergency solutions program ("program") for homeless individuals or families or individuals or families at-risk of homelessness in the City of San Bernardino in accordance with the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.

3. The SUBRECIPIENT represents that it is qualified to participate in the ESG and has the requisite qualifications, expertise and experience in the provision of emergency solutions programs for homeless individuals or families or individuals or families at-risk of homelessness, and is willing to use said federal funds to operate said program.

4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at- risk of homelessness in obtaining appropriate supportive services including, but not limited to:
temporary and permanent housing, relocation and stabilization services, rapid re-housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals.

5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $25,000 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under thisAGREEMENT.

6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 226
2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT.

7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds.

NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and, together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT:

DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 227
3 CONTACT INFORMATION
City of San Bernardino: Subrecipient Organization:

Cassandra Searcy Community Action Partnership
of San Bernardino County
Awarding Official
Title: Deputy Director of Housing and Homelessness Patricia L Nickols-Butler Address: 201 N. E Street Name of Primary Contact
City: San Bernardino
State: CA Zip: 92401 Title: President/CEO
Telephone: 909-384-7270 Address: 696 S Tippecanoe Ave
City: San Bernardino
State: CA Zip: 92408
Telephone: 909 723-1514
CFDA Number: 14.231 FAIN Number: E-19-MC-06-0539
Federal Award Date: May 13, 2023
(the date when the federal award is signed by the authorized official of the federal awarding agency.)

1. ESG Funds Obligated
Program Year: 2022-2023 ESG Funds
Amount: $25,000.00
Total Amount of ESG Funds Obligated: $25,000.00
I. SCOPE OF PROGRAM
A. General Administration
In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG.

B. Levels of Accomplishment – Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate.

DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 228
4 C. Staffing; Relationship of Parties; No Third PartyRights The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or 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. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein.

II. TERM OF AGREEMENT
This AGREEMENT shall take effect on July 1, 2022, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this AGREEMENT.

III. DISBURSEMENT AND FUNDS
A. Maximum Amount of Disbursements; Method of Disbursement.

CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $25,000 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than quarterly, commencing on or before the 15th day of October, January, April, and July, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in quarterly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT’S services under this AGREEMENT.

SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the prior written approval of the CITY’s Director of the Economic and Housing Department, so long as the total budget amount does not increase.

B. Payment
Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last quarter of the term of this AGREEMENT and the CITY'S approval thereof, which invoice and report shall be due on or before July 15 following the expiration of the term of this AGREEMENT. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted.

Failure to provide any of the required documentation and reporting will cause the CITY to withhold DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 229
5 all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY.

C. Use of Funds
The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said ESG program only. Said amounts shall include and will be limited to those activities described at 24 CFR §§ 576.101 – § 576.107, including without limitation, street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems (“HMIS”) data contribution as set forth in. Allowable program costs are detailed in the Budget, as set forth in Exhibit B. The SUBRECIPIENT'S failure to perform, as required, may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof.

D. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. 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 ESG funds for providing SUBRECIPIENT’S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law.
(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT’S services. Any inspection or examination by the CITY is for 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. (3) Where the CITY has reasonable grounds to question the fiscal accountability, DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 230
6 financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the CITY may suspend 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.

E. Matching
The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY.

Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in the Budget (Exhibit B).

F. Program Income
(1) Definition. Program income means, as provided by 2 CFR § 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT.
(2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT.
(3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program.

G. Separation of Accounts
All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the “Account”) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally-accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated to the satisfaction of the CITY.

H. Expenditure of Funds
Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 231
7 funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds.

I. Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at-risk of homelessness. Said fundsshall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ESG funds will remain in compliance with all applicable federal,state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agreesthat it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities," in accordance with its instructions (see Exhibit D).

IV. 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: Community and Economic Development Department City of San Bernardino
290 N. D Street
DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 232
8 San Bernardino, CA 92401
With copies to: Princess Wilson, Management Analyst
Community and Economic Development Department
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Telephone No. (909) 384-5214
If to SUBRECIPIENT: Community Action Partnership of San Bernardino County
Patricia L. Nickols-Butler, President/CEO
696 S Tippecanoe Avenue
San Bernardino, California 92408
Telephone No. (909) 384-1514
V. GENERAL CONDITIONS
A. Coordination with Continuum of Care
The SUBRECIPIENT must work with the Continuum of Care (“CoC”) to ensure the screening, assessment, and referral of program participants are consistent with the CITY’s written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400.

B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT shall conduct an initial evaluation to determine the eligibility of each individual or family for ESG assistance and the amount and types of assistance of the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under 24 CFR §576.400(d) and the written standards established under 24 CFR §576.401(b). Please see attached City of San Bernardino Emergency Solutions Grant Written Standards.

C. Terminating Assistance
If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR § 576.402.

D. Shelter and Housing Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 233
9 ESG beneficiaries will conform to 24 CFR § 576.403.

E. Homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d).

F. Independent Contractor
Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The SUBRECIPIENT and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of the CITY. CITY assumes no liability for SUBRECIPIENT's actions and performance; nor does the CITY assume 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.

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, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the SUBRECIPIENT's performance or failure to perform under this Section.

G. Subcontracts
(1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency.

The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low-Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
(2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY.

H. Licensing
DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 234
10 The SUBRECIPIENT agreesto obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. 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.

I. Responsibilities Toward Employees
The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers’ compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected.

J. Insurance and Bonding
(1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of SUBRECIPIENT) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT.

The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447.

The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below:
(a) Workers’ Compensation Insurance, as required by State 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, DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 235
11 in an amount of not less than $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned 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 SUBRECIPIENT’s self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY.
(3) Each policy of general liability and automobile liability insurance required by this AGREEMENT shall contain the following clauses:
“Written notice of cancellation shall be delivered to the City Clerk of the City of San Bernardino, 290 N. D Street, San Bernardino, CA 92401 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, representatives, 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.” 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 to effect this waiver of subrogation. (4) 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) Company Rating. All insurance coverage shall be written with a company having an AM. Best Rating “A” or better and financial size VIII or larger.

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12 (6) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance.

K. Zoning.

The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.

L. Displacement and Relocation.

The SUBRECIPIENT must ensure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408 and applicable California relocation law (Government Code § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.) Any relocation plan for the Project shall be subject to the review and approval by the State of California.

M. Provisions Required by Law Deemed Inserted.

Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either Party, the contract shall forthwith be physically amended to make such insertion or correction.

VI. ASSURANCES AND CERTIFICATIONS
A. Non-Profit Status
The SUBRECIPIENT certifies that:
(1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 237
13 SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT.
(2) If the SUBRECIPIENT’s non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services.
(4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR § 200.

B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c).
(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 238
14 status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.

C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds.

D. Drug Free Workplace
The SUBRECIPIENT represents and warrants that it has established the following drug-free workplace policy:
(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program.
(2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to:
a. Abide by the terms above in statement (1), and
b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace.

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15 Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

E. Religious Organization
The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406.

F. Additional Terms between the CITY and HUD
The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto.

G. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants’ health or safety.

H. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 240
16 in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.

I. Davis-Bacon Act
All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the “Statement of Compliance”) and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3).

VII. ADMINISTRATIVE REQUIREMENTS
Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al.

SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326.

A. Procurement
(1) Compliance. The SUBRECIPIENT shall keep itself fully informed of and in compliance with all current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein.

Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY’S request, such assets shall revert to the CITY upon termination of this AGREEMENT.
(2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT’s award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR § 200.414(b) Indirect (F & A) costs shall be used. For this AGREEMENT, the de minims indirect cost of 10% willapply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200.

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17 B. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT.

C. Record Keeping
Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT’S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years postcompletion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records
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18 are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the abovereferenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500.

D. Homeless Management Information Systems (HMIS)

1. Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS.

2. HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the SUBRECIPIENT'S agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N.

Arrowhead Ave., 3rd Floor, San Bernardino, California(909-387-4700).

3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be delivered to the CITY.

4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS.

Participation includes, but is not limited to, the input of all programmatic and client data, the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty eight (48) hours after date of program entry. Services rendered to clients must be entered into HIMS within forty eight (48) hours from date of services. All clients who exit the program must have updated status in HIMS within forty eight (48) hours of actual exit date.

Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below.

E. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 243
19 compliance with audit report(s)required by applicable provisions of the Lead-Based PaintRegulations as further detailed below.

VIII. EVALUATION AND MONITORING
A. Generally
The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT.

If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.

B. Access to Records
The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program.

C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data.

IX. LIABILITY
A. Generally
Each Party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each Party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies.

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20 B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal passthrough grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD.

C. Hold Harmless
The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, defense costs, liability or damages of any kind or nature resulting from or arising out of the acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers in the performance of SUBRECIPIENT's services and activities under this AGREEMENT.

X. ENVIRONMENTAL CONDITIONS
A. Generally
ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project or activity under this part, or commit or expend ESG or local funds for eligible activities under this part unless and until HUD has performed an environmental review under 24 CFR part 50 and the SUBRECIPIENT has received HUD approval of the property.

The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966.

B. Lead-based paint remediation and disclosure
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential LeadBased Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG and all housing occupied by program participants that were built before 1978.

C. Assignment of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35.

D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 245
21 paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K (“LBP Regs”).

The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located:
(1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance; (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and
(4) Notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination.

E. Notification of LBP Hazard
The SUBRECIPIENT shall provide to all occupants of housing:
(1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA-approved equivalent.

The current form and version of the pamphlet can be found at:
https://www.fsa.usda.gov/Internet/FSA_File/pfflinyhbrochure.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work.

F. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT.

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22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations.

G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days.

XI. CONFLICTS OF INTEREST
The SUBRECIPIENT shall comply with 2 CFR § 200.112 with respect to the use of ESG funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of ESG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may 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 there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program’s Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section.

XII. ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT.

XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 247
23 theSUBRECIPIENT.

XIV. AMENDMENTS OR MODIFICATIONS
The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize ESG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless:
(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or
(2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented.

Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either Party unless in writing and signed by both Parties.

In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT.

XV. VIOLATION OF TERMS AND CONDITIONS
A. Events of Default.

For purposes of this Section XV, 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 DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 248
24 within such thirty (30) day period and thereafter diligently prosecute the same to completion.

B. Institution of Legal Actions.

In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this AGREEMENT, either Party may institute an action at law or in equity to seek the specific performance of the terms of this AGREEMENT, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California or in the United States District Court for the Central District of California.

C. Acceptance of Service of Process.

In the event that any legal action is commenced by the SUBRECIPIENT against CITY, service of process on CITY shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by CITY against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made by personal service upon SUBRECIPIENT’s Representative or in such other manner as may be provided by law.

D. Rights and Remedies Are Cumulative.

Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the otherParty.

E. Inaction Not a Waiver of Default.

Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

F. Applicable Law.

The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT.

G. 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.

H. Immediate Termination for SUBRECIPIENT’s Default.

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25 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.

I. Termination Without Cause.

CITY may terminate this AGREEMENT at any time without the necessity of cause or Default by SUBRECIPIENT by giving fifteen (15) days' notice in writing to SUBRECIPIENT. In such event, SUBRECIPIENT shall have no further rights hereunder, except that SUBRECIPIENT shall be paid for all Services rendered prior to receipt of notice of such termination.

J. 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.

XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the expiration of the term all financial, performance, and other reports as required by the terms and conditions of the Federal award;
(2) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award;
(3) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See 2 CFR 200.345);
(4) SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310- 200.316 and 200.329; and,
(5) The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.

XVII. VALIDITY AND SEVERABILITY
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26 The invalidity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.

XVIII. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.

XIX. WAIVER
No delay or omission by the CITY hereto to exercise any right or power accruing upon any noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained.

XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
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27 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.

CITY OF SAN BERNARDINO Community Action Partnership of San A California Municipal Corporation Bernardino County
Charles E McNeely, City Manager Patricia L. Nickols-Butler Date: Date:
696 S. Tippecanoe Avenue
San Bernardino, CA. 92408
Contact Person: Patricia L. Nickols-Butler
Phone: 909-723-1514
Email: [email protected]
ATTEST
City of San Bernardino
Genoveva Rocha, City Clerk
Approved as to form:

City Attorney
By:

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EXHIBIT "A" SCOPE OF WORK
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Scope of Work
Community Action Partnership of San Bernardino County
CAPSBC will provide homeless prevention services for up to 10 households with a goal of assisting up to 10 families or a total of 40 individuals in combined households at risk of becoming homeless or homeless if they are unable to pay their rent. Qualifying factors for services include households or individuals who have the potential to be displaced from their housing due to loss of employment, reduction in work hours or have experienced a recent catastrophic event or medical emergency.

CAPSBC staff will conduct an initial comprehensive assessment to determine the program participants’ eligibility and the types and amounts of assistance the program participant needs.

Follow-up contacts will be made at 90- and 180-day intervals. This project will benefit San Bernardino City residents who are at risk of homelessness by identifying their specific crisis, providing referrals to wraparound services and helping them maintain housing. They may become more self-sufficient by receiving essential supportive services such as financial literacy education and connection to other mainstream programs such as employment/workforce services.

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EXHIBIT "B" BUDGET
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Community Action Partnership of San Bernardino County
FY 2022-2023
Sources of Funds: ESG Funds Applicant’s
Funds:

Other
Sources:

Project
Room Key
Total
Street Outreach1
Service Activity:

Service Activity:

Emergency Shelter2
Operational Activity: $12,500.00 $12,500.00 $25,000.00
Operational Activity:

Operational Activity:

Homeless Prevention3
Activity:

Activity:

Rapid Re-Housing
Assistance:

Activity:
$12,500.00
$12,500.00
$25,000.00
Activity:

Activity:

HMIS4
Activity:

TOTAL: $25,000.00 $25,000.00 $50,000.00
1 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 2 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 3 Homelessness Prevention Activities – 40% of ESG funding is targeted for homelessness prevention activities 4 HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 257
EXHIBIT "C"

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit OMB Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Name of Subrecipient Organization Program Title
Name of Certifying Officer Signature Date
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EXHIBIT "D"

DISCLOSURE OF LOBBYING

ACTIVITIES
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DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year _________ quarter _________
e. loan guarantee date of last report ______________
f. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

Tier ______, if known :

Congressional District, if known : Congressional District, if known :

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known : 9. Award Amount, if known :
$

10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI):

11. Signature:

Print Name:

Title:

Telephone No.: _______________________ Date:

Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Prime Subawardee
Federal Use Only:

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EXHIBIT "E"
EMERGENCY SOLUTIONS GRANT –

WRITTEN STANDARDS
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Community Development Block Grant Program
Policies and Procedures Manual
Updated July 2019
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TABLE OF CONTENTS
Executive Summary ........................................................................................................ 1 Allocation Process........................................................................................................... 4 CDBG Applications for Funding................................................................................... 4 CDBG Ad Hoc Committee ........................................................................................... 5 Internal Budget Development and Review................................................................... 5 City Council Approval Process .................................................................................... 6 Annual Action Plan Submission................................................................................... 6 Implementation Process.................................................................................................. 7 Activity Eligibility .......................................................................................................... 7 Integrated Disbursement and Information System (IDIS) ............................................ 7 National Environmental Policy Act............................................................................... 8 CDBG Subrecipients.................................................................................................... 8 Davis Bacon and Related Acts .................................................................................... 9 Amendments to the Consolidated Plan and the Action Plans.................................... 11 Evaluation Process........................................................................................................ 12 Consolidated Annual Performance and Evaluation Report (CAPER) ........................ 12 Additional Federal Reports ........................................................................................ 13 Monitoring of Subrecipients........................................................................................... 14 Records Management................................................................................................... 15 Definitions ..................................................................................................................... 16 Attachment A Citizen Participation Plan
Attachment B Allocation Process Flow Chart
Attachment C City of San Bernardino City Council Wards Map Attachment D Public Service Activity Application
Attachment E Construction Project Application
Attachment F Project Proposal Evaluation Form
Attachment G Activity Eligibility and National Objective Form Attachment H Subrecipient Monitoring Checklist
Attachment I Subrecipient Monitoring Plan
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EXECUTIVE SUMMARY
The City of San Bernardino (City) receives federal entitlement funds annually from the U.S. Department of Housing and Urban Development (HUD) to implement the Community Development Block Grant (CDBG) Program. The City’s Community and Economic Development department (CED), Housing Division (HD) is responsible for ensuring that the CDBG Program is operated in accordance with the controlling regulations found in 24 CFR Part 570 and all other applicable federal rules and regulations. The City operates its CDBG Program concurrently with the City’s fiscal year starting July 1 through June 30 (Program Year). The purpose of this manual is to outline the City’s established policies and procedures used to allocate CDBG funds, implement approved CDBG funded activities, and evaluate CDBG funded activity progress and expenditures during and after the Program Year. The City implements its CDBG Program in accordance with 24 CFR Part 570 and other federal cross-cutting requirements. This policies and procedures manual is organized into the following sections:

1. Allocation Process
This section describes the City’s process for allocating CDBG funds to various activities leading up to the submission of the Annual Action Plan (Action Plan), which includes the CDBG funding recommendations. The allocation process includes:
 Identifying capital improvement project requests from each City Council Ward;  Program funding requests from various City departments and the public;  Internal budget development and review of all CDBG funding recommendations;  Proposed funding recommendations are presented at a CDBG Ad Hoc Committee public meeting; and
 Proposed funding recommendations are presented to the City Council for approval during a Public Hearing.

The allocation process is complete after the City submits its Action Plan for HUD approval.

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2. Implementation Process
This section describes the City’s process for implementing the CDBG Program during the Program Year. The implementation process includes:
 Ensuring the proper administration and federal compliance of CDBG funded activities pursuant to 24 CFR 570 and other applicable federal regulations;  Performing environmental clearance in accordance with the National Environmental Policy Act (NEPA) and the governing regulations found in 24 CFR Part 58;  Maintaining internal controls of the Integrated Disbursement and Information System (IDIS); and
 Ensuring compliance with federal labor standards related to Davis Bacon and Related Acts (DBRA).

The implementation process also includes amendments to allocation of CDBG funds when deemed necessary and pursuant to the City’s Citizen Participation Plan.

3. Evaluation Process
This section describes the City’s process for evaluating progress and expenditures of the CDBG funded activities at the conclusion of the Program Year. The evaluation process includes:
 Activities leading up to the submission of the Consolidated Annual Performance and Evaluation Report (CAPER);
 The submission of other federal reports; and
 The retention and management of CDBG Program records.

4. Monitoring of Subrecipients
This section describes the City’s monitoring process for public service and capital improvement activities funded under the CDBG Program. The monitoring process consists of:
 Identifying potentially at risk activities;
 Conducting an on-site monitoring visit;
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 Interviewing the Subrecipient; and
 Collecting and reviewing information and supporting documents to determine programmatic and financial compliance pursuant to 24 CFR 570.501.

5. Records Management
This section covers the requirements for recordkeeping of activities funded with CDBG Program pursuant to 2 CFR Part 200 and provides a list of documents and reports maintained in project files.

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ALLOCATION PROCESS
The City has established a process to allocate CDBG funds in accordance with 24 CFR Part 570 prior to the submission of the Action Plan to HUD. HD Staff reviews proposed activities to ensure compliance with the City’s goals and objectives outlined in its HUDapproved Consolidated Plan pursuant to 24 CFR Part 91. The City ensures its compliance with the Citizen Participation Plan requirements (24 CFR 91.105), which is developed as part of the Consolidated Plan and implemented on an annual basis. Refer to Attachment A for the Citizen Participation Plan.

This section chronologically outlines the City’s process for formulating its annual CDBG funding recommendations in compliance with 24 CFR 570.501(b). See Attachment B for the Allocation Process Flowchart.

CDBG Applications for Funding
HD Staff reviews all CDBG applications for funding. Based on the annual allocation and any previous year carryover, HD Staff reviews and makes recommendations on which projects and programs to fund.

Public Service Programs
When the City begins to prepare its Action Plan HD Staff advertises the availability of funds as follows:
 Posts a NOFA on the City’s website;
 Places notice in the newspaper;
 The NOFA is available at City Hall and the Feldheym Library; and  The NOFA is emailed to the City’s current subrecipients.

Capital Improvement or Public Infrastructure Projects
Simultaneously, HD Staff coordinates with other City departments to review project requests. Examples of public infrastructure needs received are street lightings, street and gutter improvements, and sidewalk construction. The goal is to propose projects disbursed amongst the City’s Council Wards. HD Staff reviews these requests for DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 267
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eligibility, develops funding recommendations based on priority needs set forth in the Consolidated Plan and obtains estimated project costs. Additionally, when Capital Improvements project are public facilities, HD Staff work closely with the Parks and Recreation and Public Works Departments to develop funding recommendations based on City priority needs set forth in the City’s Capital Improvement Program.

See Attachment C for City Council Wards Map.

CDBG Ad Hoc Committee
HD Staff works with the other City departments to present the draft funding recommendations to the CDBG Ad Hoc Committee, which is comprised of three council members. The Ad Hoc Committee meeting, which usually takes place in March or April, is a public hearing and is noticed in papers of local circulation. The Ad Hoc Committee can concur with HD Staff recommendations or recommend alternate projects to the Mayor and City Council. The Ad Hoc Committee recommendations are considered by the City Council at the time the Action Plan is considered for approval.

At this meeting, the public and other stakeholders are also informed about the upcoming Action Plan and the 30-day public review. After the 30-day public review process, HD Staff will present draft funding recommendations to the City Council for approval.

Internal Budget Development and Review
HD Staff is responsible for the development of the Action Plan which includes CDBG projects, programs and funding recommendations. HD Staff has established the following process in order to develop comprehensive CDBG funding recommendations:

1. Departmental Requests – CDBG Activities
The City uses the CDBG Program to fund eligible activities within multiple City departments. In order to develop the CDBG budget, HD Staff solicits requests for specific CDBG-eligible activities. These requests are submitted to HD Staff through an application that requires the applicant to provide pertinent information about the proposed activity in order for HD Staff to conduct an eligibility determination in DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 268
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compliance with 24 CFR 570.201. Refer to Attachment D for the Public Service Activity Application and Attachment E for the Construction Project Application.

2. Internal Administrative Review
Upon completion of the eligibility determination of departmental requests, HD Staff completes a CDBG budget through an internal administrative review process. The CDBG budget recommendations are presented to the Director of CED. Subsequently, the Director of CED reviews and discusses the CDBG budget recommendations with the City Management team.

City Council Approval Process
The Action Plan is placed on the agenda of a regularly scheduled City Council meeting for consideration. City Council approves the Action Plan and designates the City Manager or the Director of CED as the Certifying Official authorized to execute all documents related to the administration, management and implementation of the CDBG Program.

Various community groups and advisory boards or commissions are responsible for providing CDBG funding requests and recommendations for different activities within the budget. Throughout the allocation process, HD Staff continually plays a vital role in balancing community needs during the development of the Action Plan. The City Council considers and approves the Action Plan for submission to HUD.

Annual Action Plan Submission
Once City Council approves the Action Plan, HD Staff submits the final Action Plan to HUD using the IDIS eCon Planning Suite system no later than May 15, unless an extension is requested, in which case the Action Plan is submitted no later than August

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IMPLEMENTATION PROCESS
After the City has submitted its Action Plan for HUD approval, HD Staff undertakes certain steps to prepare for the implementation of the CDBG Program in the upcoming Program Year. These steps include documenting eligibility of proposed CDBG activities pursuant to 24 CFR 570.200, setting-up CDBG activities and maintaining internal controls of the Integrated Disbursement and Information System (IDIS), and obtaining environmental clearance consistent with 24 CFR Part 58 (the National Environmental Policy Act) for all CDBG-funded activities.

HD Staff is responsible for ensuring that Subrecipients abide by the CDBG Program requirements and applicable federal rules and regulations. This section also describes the City’s process related to Subrecipients including executing contracts, processing invoices and tracking performance.

The City uses CDBG Program funds for capital improvement projects. Certain capital improvement projects require the implementation of federal labor standards such as Davis-Bacon and Related Acts (DBRA). This section describes the City’s process relating to the enforcement of DBRA requirements.

Activity Eligibility
After the Action Plan has been submitted for HUD approval, HD Staff formally documents CDBG activity eligibility as required under 24 CFR 570.200. HD Staff completes the CDBG Project Proposal Evaluation Form for each CDBG-funded activity.

Refer to Attachment F for the CDBG Project Proposal Evaluation Form.

Integrated Disbursement and Information System (IDIS)
The City uses IDIS as its draw down and reporting system for the CDBG Program. HD Staff is responsible for setting-up and funding activities, requesting or revising vouchers and approving vouchers to draw down funds.

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National Environmental Policy Act
The City obtains National Environmental Policy Act (NEPA) clearance for all CDBG activities as required under 24 CFR Part 58. Before the beginning of the program activities, HD Staff develops an Environmental Review Record.

HD Staff determines if an activity is exempt, categorically excluded (not subject to Section 58.35), categorically excluded (subject to Section 58.38), or requires an environmental assessment or environmental impact statement. If necessary, HD Staff works with a consulting firm for CDBG activities that require an environmental assessment or environmental impact statement. HD Staff does not proceed with any CDBG activities until obtaining environmental clearance.

CDBG Subrecipients
The City provides CDBG funds to Subrecipients to carry out a diverse array of activities that benefit San Bernardino residents.

HD Staff is responsible for ensuring that Subrecipients are following all federal rules and regulations including 24 CFR Part 570 and 2 CFR 200. The City has established the following processes to manage its Subrecipients:

1. Agreements
After HD Staff has submitted the Action Plan for HUD approval, the City must enter into an agreement with each Subrecipient in accordance with 24 CFR 570.503 and 24 CFR 200.330(a).

Subrecipients must submit a final Scope of Work, operating budget and schedule of performance to HD Staff. The draft agreements are reviewed by HD Staff reviews the draft agreements and provides three copies to the Subrecipients. Subrecipients must sign, and return all three agreements.

After the executed agreements and associated attachments are submitted to HD Staff, the agreements are reviewed by the City Attorney to ensure compliance. The City Attorney then signs the agreements and the City Manager or the designee executes the agreements under the authority granted by the City Council. After the agreements have DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 271
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been executed, HD Staff retains an original agreement for the activity file and provides the City Clerk and the Subrecipient with an original agreement.

2. Invoices
HD Staff requires Subrecipients to submit quarterly invoices and provide supporting documentation to substantiate the reimbursement costs pursuant to 24 CFR Part 200.

In addition, Subrecipients must complete quarterly progress reports.

HD Staff reviews the invoices to ensure that all submitted documentation substantiates the reimbursement requests and that costs are consistent with the subrecipient agreement, specifically the approved scope of work and budget schedule. Fiscal Staff reviews invoices for financial compliance and mails the checks directly to the Subrecipients, along with supporting documents.

Davis Bacon and Related Acts
The Davis Bacon and Related Acts (DBRA) require prime contractors and subcontractors performing work on federal construction contracts or federally-assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts.

HD Staff is responsible for the administration and enforcement of DBRA requirements for all applicable CDBG contracts. HD Staff has established the following procedures to ensure DBRA compliance and pursuant to 24 CFR 570.603 and 2 CFR 200.318:

1. Procurement
Community and Economic Development, Public Works, Parks and Recreation, and Finance staff communicate DBRA requirements to interested prime contractors and subcontractors during the bidding process through the City’s contract documents and specifications. Specifically, the City has these requirements placed in a discrete section of the contract documents and specifications labeled “CDBG Exhibits”. HD Staff is DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 272
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readily available to answer interested prime contractor and subcontractor questions during the bidding process in order to clarify federal requirements. HD Staff reviews the lowest three responsible bids to ensure initial compliance with DBRA requirements.

Once the contract has been awarded, HD Staff reviews DBRA requirements during the pre-construction meeting with the prime contractor, subcontractors, inspectors and other City employees.

2. Employee Interviews
The Subrecipient conducts on-site employee interviews during construction projects using the Record of Employee Interview Form (HUD-11). The purpose of these interviews is to ensure that employees are paid according to the projects’ approved federal wage determination. Employees are randomly selected by trade to be interviewed. HD Staff conducts additional employee interviews if projects have ongoing labor compliance issues. HD Staff also monitors to ensure that the federal wage rates and Davis-Bacon poster are located on the project sites.

3. Certified Payroll Review
As required under 24 CFR 570.603, Housing Division Staff requires prime contractors to submit weekly certified payrolls. Prime contractors must also submit all certified payrolls on behalf of its subcontractors. Prime contractors and subcontractors can use their own certified payroll forms only if they include all fields on the Department of Labor’s recommended certified payroll form (WH-347). HD Staff reviews certified payrolls; payroll reviews increase if prime contractors or subcontractors have on-going labor compliance issues. If prime contractors or subcontractors are behind on submitting certified payrolls, the City reserves the right to withhold progress payments.

4. Non-Compliance
The City ensures compliance with DBRA requirements by closely monitoring projects through on-site monitoring, employee interviews, and review of prime contractor and subcontractor certified payroll records. HD Staff informs prime contractors of the potential risks non-compliance with DBRA requirements. Under the contracts, prime DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 273
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contractors are responsible for ensuring that their subcontractors are in conformance with federal regulations.

HD Staff directs Public Works and Parks and Recreation staff to withhold prime contractors’ progress or final payments when prime contractors or subcontractors are found in non-compliance. Progress or final payments are withheld until all labor compliance violations have been resolved. Prime contractors or subcontractors face possible debarment when evidence is presented of fraud or other serious infractions. In these circumstances, HD Staff works closely with HUD’s Office of Labor Relations and or the U.S. Department of Labor until compliance has been reached or penalties have been imposed.

Amendments to the Consolidated Plan and the Action Plans The City may choose or need to amend its Consolidated Plan or Action Plan to describe major program changes such as new activities. In accordance with 24 CFR 91.505, the City shall amend its Consolidated Plan or Action Plan whenever one of the following occurs:
 To make a substantial change in allocation priorities or in the distribution of funds of more than 15% of the City’s total federal entitlement for a specific program year;  To use CDBG funds to carry out an activity not previously described in the Action Plan or the Consolidated Plan; or
 To allow a substantial change in the purpose, scope, location or beneficiaries of a specific activity.

Proposed CDBG activities are reviewed to determine if they deviate from activities previously identified in the program year and therefore require a Substantial Amendment to the Consolidated Plan. If a substantial change is proposed, the City publishes a public notice and provides a 30-day public comment period to allow review and comment on the proposed changes and a public hearing will be held in accordance with HUD requirements and the Citizen Participation Plan. Substantial amendments are submitted to HUD as it occurs or at the end of its program year.

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EVALUATION PROCESS
This section outlines the City’s process for evaluating CDBG Program performance and expenditures in the form on the Consolidated Annual Performance and Evaluation Report (CAPER) in compliance with 24 CFR 570.507. In addition, this section describes supplemental federal reporting requirements that are to be submitted throughout the Program Year.

Consolidated Annual Performance and Evaluation Report (CAPER) The City is required to prepare and submit the CAPER for HUD approval within 90 days of the conclusion of the Program Year. The CAPER provides detailed financial and beneficiary information and explains how the City is carrying out its housing and community development strategies, projects and activities. HD Staff is responsible for the preparation and submission of the CAPER for HUD approval. The City has established the following process in order to prepare the CAPER in accordance with its Citizen Participation Plan and 24 CFR Part 91:

1. CDBG Activity Evaluation
HD Staff obtains CDBG activity information from Subrecipients and City departments in order to prepare the draft CAPER. Subrecipient activity information is obtained through CDBG Quarterly Reports, and Program Invoices. See Attachment G for the Activity Eligibility and National Objective Form.

2. Public Comment Period
As required under 24 CFR 91.105 and described in the Citizen Participation Plan, HD Staff establishes a 30-day public comment period to give community stakeholders an opportunity to comment on the draft CAPER. All comments received during the public comment period are incorporated or addressed in the final CAPER.

3. CAPER Submission
HD Staff submits the final CAPER document to the Field Officer Director at HUD’s Los Angeles Field Office of Community Planning and Development using the online IDIS eCon Planning Suite.

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Additional Federal Reports
HUD requires the submission of multiple federal reports throughout the Program Year to ensure the implementation of different programmatic requirements. The information on these reports includes, but is not limited to, CDBG Program activity information. The City has established the following procedures in order to prepare and submit these federal reports:

1. Semi-Annual Labor Standards Enforcement Report – Local Contracting Agencies (HUD 4710)
This federal report is required by HUD’s Office of Labor Relations and includes DBRA contract information for two annual reporting periods. The first reporting period is from October 1 through March 31 and is due by April 10. The second reporting period is from April 1 through September 30 and is due by October 10. HD Staff submits these reports directly to the Regional Labor Relations Officer at HUD’s Los Angeles Field Office of Labor Relations.

2. Section 3 Summary Report (HUD 60002)
This federal report is required by HUD’s Office of Fair Housing and Equal Opportunity and includes Section 3 information for the calendar year. HD Staff submits this report directly online via HUD’s website to the Section 3 Coordinator at HUD’s Los Angeles Field Office of Fair Housing and Equal Opportunity.

3. Minority Business Enterprises / Women Business Enterprises Report (HUD 2516)
This federal report is required by HUD’s Office of Community Planning and Development annually and includes contracting information pertaining to Minority Business Enterprises/Women Business Enterprises. HD Staff submits this report directly to the appropriate Senior Financial Analyst at HUD’s Los Angeles Field Office of Community Planning and Development and includes a copy in the CAPER.

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MONITORING OF SUBRECIPIENTS
HD Staff performs monitoring visits at Subrecipient locations to determine compliance with federal rules and regulations and in accordance with 2 CFR 200.330 and 2 CFR 200.331. Monitoring visits involve HD Staff members who examine program and financial matters related to the City’s CDBG Program.

Subrecipients answer a series of questions that are consistent with the CDBG Subrecipient Monitoring Checklist, which includes questions pertaining to the CDBG Program and other federal requirements. Refer to Attachment H for the CDBG Monitoring Checklist and Attachment I for the detailed Subrecipient Monitoring Plan. HD Staff has developed the following monitoring procedures to ensure consistency with HUD’s recommended best practices:
 Send notification letter/e-mail to Subrecipient prior to scheduled monitoring visit,  Conduct entrance interview,
 Complete CDBG Subrecipient Monitoring Checklist, including determination if Subrecipient is subject to Single Audit requirement (i.e., those that receive more than $750,000 in federal grants),
 Conduct exit interview,
 Send follow-up monitoring response to the Subrecipient within 15 working days of the completion of the monitoring,
 Allow Subrecipient 15 days to respond to findings and/or concerns,  Reply to Subrecipient’s response within 15 days of receipt, and  Send clearance letter to Subrecipient.

All monitoring documentation is placed in the Subrecipients’ activity files. In the event that there are unresolved monitoring issues, the City does not release Subrecipient’s fourth quarter payments until all monitoring findings and concerns are resolved.

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RECORDS MANAGEMENT
The City and its Subrecipients retain the following CDBG records in compliance with 24 CFR 570.506(b) and 24 CFR 570.503. The City ensures files and pertaining records are kept for five years for each CDBG funded activity when the activity is last reported with the CAPER. These files include administrative and financial documents as well as beneficiary data and other related reports.
 Reports for announcing the availability of CDBG funds, public notices, public hearings, meeting minutes, and public correspondence.
 Copies of Subrecipient applications, Subrecipient agreements, program policies and guidelines, progress reports, draw down requests, supporting documents for expenses covered by CDBG funds, and beneficiary data reports.  Documents related to meeting the CDBG Program requirements such as income eligibility of beneficiaries, monitoring visits, and quarterly reports for each CDBG funded activity.

The City also provides residents, public agencies and other interested parties with reasonable access to records regarding past use of CDBG funds, consistent with applicable state and local laws regarding privacy and confidentiality.

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DEFINITIONS
Annual Action Plan HUD’s required document that provides 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 Plan.

CAPER Consolidated Annual Performance and Evaluation Report is the year-end report used to submit performance data for activities, programs and services funded with CDBG, HOME, ESG and HOPWA funds.

Consolidated Plan A 5-year planning document used to assess the City’s affordable housing, community and economic development needs and market conditions, and to make data-driven, place-based investment decisions.

Community
Development Block
Grant (CDBG) Program
Provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons.

Community and
Economic
Development Housing
Division Staff
Housing Division Staff from the Community and Economic Development Department who administer the City’s HUD programs.

Fiscal Housing
Division Staff
Housing Division Staff from the Community and Economic Development Department Fiscal Division who ensure financial compliance with the CDBG Program.

HUD The U.S. Department of Housing and Urban Development.

IDIS Integrated Disbursement and Information System is the federal database and reporting system for the CDBG Program.

NEPA National Environmental Policy Act guides the environmental review of activities funded with CDBG funds.

Program Year A period of time that starts from July 1 of each year through June 30 of the following year to indicate the start and end of an Annual Action Plan.

Subrecipients The nonprofit organizations that receive CDBG funds to carryout services and programs benefiting low and moderate income persons.

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Attachment A
Citizen Participation Plan
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CITIZEN PARTICIPATION

PLAN AND

ASSESSMENT OF FAIR HOUSING
PLAN

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CITIZEN PARTICIPATION PLAN

AND ASSESSMENT OF FAIR HOUSING PLAN
Introduction
Federal regulations require that recipients of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG), programs follow a Citizen Participation Plan in order to receive continued federal funding. To satisfy the federal requirements for receipt of CDBG and HOME funds, the City of San Bernardino certifies that it will adhere to the following Citizen Participation Plan in providing for and encouraging public participation in the development and administration of its CDBG and HOME programs as well as development of the Assessment of Fair Housing (AFH)Plan.

Policy Statement
The purpose of the Citizen Participation Plan is to provide the method and process by which the City of San Bernardino (City) consolidated planning and AFH processes will comply with the citizen participation requirements promulgated by the U.S. Department of Housing and Urban Development (HUD) pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, and as further augmented by program regulations under 24CFR Part 91.105 (rev.3/14/2016). Through implementation of this Citizen Participation Plan, citizens will be afforded the maximum feasible opportunity to provide input on housing and community development needs, issues and problems affecting very-low and low income persons; to learn about the Community Development Block Grant Program (CDBG), Emergency Solutions Grant (ESG) Program, HOME Investment Partnerships (HOME) Program, Section 108 Guaranteed Loan Funds, to provide input into the AFH and any other applicable programs that the City may apply for and their expected amount of assistance to be received from each to develop local project proposals; to provide input to project selections and funding distributions; and to participate in the implementation of funded activities.

Development of the Consolidated Plan
Before the Consolidated Plan (and annual updates) is adopted by the City Council and submitted to HUD, the City will make the plan available to citizens, public agencies, neighboring jurisdictions, and other interested parties for review, and will also establish a means by which these parties can submit comments. Information made accessible to the public will include the amount of CPD grant funds the City expects to receive (including program income), the range of activities to be undertaken, and the anticipated number of low- and moderate-income persons to benefit from funded activities. Information will also include the steps the City will take to eliminate the need for displacement of persons. If displacement will occur due to any planned actions, the DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 282
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City will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (and implementing regulations in 49 CFR part 24).

The City will publish its proposed Consolidated Plan (and annual updates) so that all affected residents will have sufficient opportunity to review and comment on the plan.

A summary describing the contents and purpose of the Consolidated Plan will be published in one or more newspapers of general circulation. To the extent feasible, the draft document will be posted on the City’s website (http://www.ci.sanbernardino.ca.us/). Additionally, the entire proposed plan will be made available for review at the following locations:
 City Information Center
 Office of the Clerk
 Norman F. Feldheym Central Library
 Community Development Department
 Economic and Housing DevelopmentDepartment
A reasonable number of free copies will be available at the Economic and Housing Development Department.

During the development of the Consolidated Plan (and annual updates) there will be at least one public hearing to obtain comments from persons affected by the use of CPD funds, other community stakeholders, and interested parties. Additionally, as required by program regulations, there will be a 30-day public comment period prior to the submission of the Consolidated Plan to HUD.

The City will consider all comments received from residents, public agencies and other interested parties as it prepares the final Consolidated Plan (and annual updates). A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of the City’s response to written public comments, and an explanation of public comments not accepted, including the reasons why these comments were not accepted
Primary Objectives
A summary of the primary objectives of the Participation Plan is provided below:
• Ensure that citizens are informed of the amount of funds (including anticipated program income, as applicable) available under the Consolidated Plan (to include Section 108 Guaranteed Loan Funds, when applicable), the range of activities that may be undertaken, as well as the various program requirements.

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• Provide citizens with adequate opportunities to participate in the development of the Consolidated Plan and any required changes, revisions or amendments to the plan.
• Provide citizens with adequate opportunities to participate in the development of the Assessment of Fair Housing Plan and any required changes, revisions or amendments to the plan.
• Provide technical assistance to citizens in developing specific proposals for funding consideration.
• Provide an ongoing process for citizens likely to be affected by program activities to articulate need, express preferences about proposed activities, assist in selecting priorities, and participate in the overall development of the Consolidated Plan and the AFH.
• Provide a process through which citizens may participate in the monitoring and evaluation of community development and housing activities. • Provide a process whereby citizens may comment with respect to any aspect of the City’s housing and community development performance and be assured that written comments will be considered and responded to in accordance with federal regulations.

Standards of Participation
All aspects of the City’s citizen participation efforts shall be conducted in an open manner with freedom of access to all interested parties. The City encourages the involvement of all groups including low and very low-income persons and protected classes, those living in blighted areas, and in areas where CDBG and HOME funds are proposed to be used. These standards of participation extend to non-English speaking persons, as well as persons with mobility, visual or hearing impairments, members of minority groups, the elderly, the disabled, the business community, civic groups and the community at large.

This plan is not intended to exclude any individual citizen input, but rather to enhance citizen participation in this process. All citizens of the City are encouraged to participate in every public meeting and to contact the Housing and Economic Development Department with any questions concerning the process and the programs pertaining to the Consolidated Plan and AFH including the CDBG, ESG and HOME ) Programs or any other applicable future programs that are funded by HUD.

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Technical Assistance
To help facilitate citizen input, the City will provide technical assistance through its staff to groups representative of low, very low, extremely low income residents and protected classes which may require such assistance in developing proposals for federal funding as required by federal regulations. Technical assistance may be provided by telephone, meetings, U.S. mail, and workshops throughout the year.

Public Information
In order for citizens to become informed and involved in the Consolidated Plan and AFH processes, the City will make available all relevant information, including the following:

Material concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be taken including the amount that will benefit the persons of low and very low income and protected classes;
Applicable regulations and guidelines governing all aspects of the programs; Prior applications, final statements and amendments, grant agreements, grantee performance reports, citizen participation plan and any other reports required by the HUD;
Documents regarding other important program requirements such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements and relocation provisions;
Mailings, notices and any other promotional materials;
Minutes of meetings and hearings;
Any other document the City believes is necessary to the consolidated planning and AFH processes.

The summary of the proposed Consolidated Plan and AFH will be published in one or more newspapers of general circulation. The summary will provide the contents and the purpose of the Consolidated Plan and AFH and a list of locations where copies of the entire plans may be examined. Copies of the entire proposed plans will be available to the public at the City Information Center, Office of the City Clerk, Norman F. Feldheym Central Library, Community Development Department, Economic and Housing Development Department and on the City’s website.

A period of not less than thirty (30) days will be provided to receive comments from citizens on the draft Consolidated Plan and AFH, as well as any substantial DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 285
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amendments to the Plan. A summary of comments regarding the proposed Consolidated Plan or AFH will be attached to the final Consolidated Plan or AFH.

Scope of Public Participation in CDBG, ESG and HOME Programs The City will provide for continuity of citizen participation throughout all stages of the application and administrative tasks of the CDBG, ESG, and HOME Programs. Citizen involvement will be encouraged through the reasonable and timely access to local meetings, information and records relating to the following areas:

The Assessment of Fair Housing Plan:

The combined Housing Element/Consolidated Plan and needs analyses; The annual One Year Action Plan;
The Consolidated Annual Performance Evaluation Report (CAPER), including the CDBG Grantee Performance Report and the HOME Annual PerformanceReport; Subsequent amendments and other changes initiated by the HUD or other federal agency.

Outreach
The City will endeavor to achieve its level of public participation by organizations and the community through actively soliciting participation by these groups. When preparing the Consolidated Plan and AFH, the City shall consult with other public and private agencies and jurisdictions that provide assisted housing, health services and social services during the preparation of the plans. One or more display ads/press releases/public notices designed to encourage citizens to participate and provide input into the development of the Consolidated Plan and AFH will be published in one (1) or more newspapers of general circulation.

Annual technical assistance workshops will be held in order to assist with the development of proposals for grant funding. Letters of invitation to attend the public hearing will be sent to community service organizations, business organizations, Chamber of Commerce, religious organizations and any other applicable groups and affected parties showing an interest in the Consolidated Plan and AFH.

Complaints
The City will make every reasonable effort to provide written responses to complaints within fifteen (15) working days. A copy of each written citizen comment or complaint regarding the Consolidated Plan and AFH along with the City’s assessment of the comment or complaint and a description of any action taken or written response made will be kept on file as a matter of public record.

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Public Meetings and Public Hearings
The City will conduct public meetings and public hearings during various phases of the Consolidated Plan/Action Plan and AFH processes. All public meetings and public hearings shall be open to the public. Meetings will be held at times and at locations in the City that are convenient and acceptable to potential and actual beneficiaries.

Special accommodations shall be made for persons with disabilities upon advance notice and as necessary. In cases where a significant number of non-English speaking residents are reasonably expected to participate, an interpreter will be provided by the City upon advance notice and as necessary.

The City Council shall conduct a minimum of two (2) public hearings during the fiscal program year for the Consolidated Plan/Action Plan (24 CFR 91.105 Public Hearings) to obtain resident’s views and responds to proposals and questions. These meetings must be conducted at a minimum of two different stages of the program year. Together the hearings must address housing and community development needs, development of proposed activities, proposed strategies and actions for Assessment of Fair Housing consistent with the AFH and a review of program performance.

The City Council shall conduct a minimum of one (1) public hearing during the development of the AFH for the purpose of receiving community input regarding the proposed AFH. Prior to the public hearing, outreach meetings will be held with public agencies, stakeholders and the community to receive input regarding local and regional fair housing issues, their contributing factors and to develop goals to address these issues.

The City Council shall conduct a public hearing for each substantial amendment to the Consolidated Plan or revision of the AFH.

Prior to each public hearing, a legal notice shall be published in one (1) or more newspapers of general circulation within a reasonable time frame. The legal notice shall contain the following information:

Date of hearing
Time of hearing
Place of hearing
Topic to be considered
Basic information about the program
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Citizen Comments on the Development of the Citizen Participation plan and Amendments
San Bernardino residents will be provided an opportunity to review and comment on draft versions of the Citizen Participation Plan and any subsequent amendments to the Citizen Participation Plan. The review/comment period shall be for no less than 30 days prior to the submission of the document to HUD. The Citizen Participation Plan and amendments (if applicable) will be available to the public for review at the following locations:
 City Information Center
 Office of the Clerk
 Norman F. Feldheym Central Library
 Community Development Department
 Economic and Housing DevelopmentDepartment
These locations are accessible to persons with physical disabilities; however, if a disability would further limit a person’s ability to review the plan at one of the listed locations, upon request, the City will attempt to make a reasonable accommodation and make the plan (or amendment) available in an appropriateformat.

Criteria for Substantial Amendments to the Consolidated Plan and AFH The City will substantially amend its approved Plan or AFH whenever it makes any of the following decisions:

To make a change in its priorities or a change in the method of distribution of funds To revise an accepted AFH: due to a change in circumstances that affects the AFH to the extent that it no longer reflects actual circumstances; due to written notification by HUD specifying a material change that requires the revision (24 CFR 5.164).

To carry out a new activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan.

To substantially change the purpose, scope, location, or beneficiaries of an activity (Any activity whose funding allocation is increased by more than 30% will constitute a substantial amendment. Minor changes in scope and location which do not alter the intent of the previously approved project will not require a substantial amendment. For example, transfer of funds within a line item budget for a single activity may be DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 288
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administratively approved by the City Manager, Director of Economic and Housing Development, or designee, as long as the purpose and intent of the project is being met.

For example, a capital improvement project, such as a street improvement project in a low-income eligible target area, may potentially broaden its scope by adding or extending additional street improvements within the same general location due to unforeseen circumstances.)
Any substantial changes to the Consolidated Plan or AFH are subject to the citizen participation process as described in the Citizen Participation Plan.

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Attachment B
Allocation Process Flowchart
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Submission for HUD Approval
Allocation Process Flowchart
Annual Action Plan Process
Commences (HD Staff)
CDBG Ad Hoc Committee
Meeting: Presentation of draft
funding recommendations
(HD Staff)
Internal Administrative Review
(HD Staff)
30-Day Public Comment Period
City Council Public Hearing:

Annual Action Plan
Recommendations
City Council Meeting:

Action Plan Approval
Capital Improvement Projects
City Departments Submit
Capital Improvement Project
Requests to HD Staff
Analysis of Capital
Improvement Projects
(HD Staff)
Public Service Activities
Notice of Funds Availability
Issued
(HD Staff)
Applicant Eligibility Review
(HD Staff)
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Attachment C
City of San Bernardino City Council Wards Map
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COULSTON ST

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LA CADENA DR
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CAL FI ORN AI ST
5TH ST

PALM AVE

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LUGONIA AVE
40TH ST

KENDALL DR
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5TH ST

SAN TI MOTEO CANYON
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BARTON RD
3RD ST

ORANGE SHOWRD
4TH ST
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TENNESSEE ST
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BARTON RD
9TH ST

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RIALTO AVE
6TH ST

KENDALL DR
48TH ST

BASELINE ST

SLOVER AVE

BASELINE RD
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JURUPA AVE

ORANGE ST

PACIFIC ST

AGUA MANSA RD

MILL ST
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SAN BERNARDINO AVE

WATERMAN AVE

BASELINE ST

FOOTHILL BLVD

RIVERSIDE AVE

REDLANDS BLVD

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Attachment D
Public Service Activity Application
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City of San Bernardino
2019-2020 CDBG Application
Public Service Activity
Part 1: Agency Information
Name of Agency:

Agency Address:

Name of Activity:

Activity Address (if different from Agency Address):

Agency Address Existing Activity that will provide enhanced and/or expanded services. Prior Years City of San Bernardino CDBG Funding:
2015-
2016
2016-
2017
2017-
2018
CDBG Funds
Awarded
Amount Spent:

Agency Type (Check One) Public/Quasi-Public For-Profit Non-Profit (If a Non-Profit, attach verification of 501 (c)3 status) Employer Federal ID#: DUNS Number:

Contact person for contract award (name, title, phone and email address):

Name:

Title:

Phone:

Email:

Contact person for application (name, title, phone and email address):

Name:

Title:

Phone:

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Email:

Two officials authorized to sign contracts and expend funds for the organization (name and title):Name:

Title:

Name:

Title:

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The undersigned acknowledges the following:

1. By submission of this application, the organization agrees that the application will become a public document.

2. To the best of his/her knowledge and belief, all information provided is true and correct and all estimates for funding and/or accomplishments are reasonable.

3. No revised proposals/applications may be made in connection with this application once the deadline for applications has passed.

4. The City of San Bernardino may request or require changes in the information submitted which it deems reasonable for any and all information provided.

5. If the activity is recommended and approved by the Mayor and City Council, the City reserves the right to fund less than the full amount requested. The City also reserves the right to reduce and/or cancel the allocation if federal entitlement funds are cancelled, reduced, or rescinded.

6. The City of San Bernardino reserves the right not to fund any submittals received.

7. By submission of this application, the organization agrees to abide by the federal regulations applicable to this program.

8. The past program and financial performance will be considered in reviewing this application.

9. Services funded with City of San Bernardino CDBG funds are only to be provided to eligible San Bernardino Residents at no cost during the grant period.

10. If this activity is funded, the City or a designated agency by the City will conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for program expenditures.

11. If the program is funded, the City will perform an environmental review prior to the obligation of funds.

12. If the program is funded, a written agreement will be required that includes, among other matters, a statement of work, records retention, reporting, accomplishments, and all local and federal requirements.

13. Program funding does not guarantee its continuation in subsequent program years.

14. Proof of insurance (general comprehensive public liability insurance with a company licensed to do business in California, and in the aggregate naming the City, its employees and agents as additional insured) must be submitted to the City prior to receiving funds.

15. Written signature authority from the organization's governing body indicating who can execute contracts and amendments on its behalf will be submitted to the City prior to receiving funds.

16. The organization agrees to abide by the City of San Bernardino Conflict of Interest Policy. Areas of concern would include Board of Directors or staff member's families having a monetary interest in any contract, and other matters that may give the appearance of a conflict ofinterest.

By signing below, the applicant acknowledges the above.

Name: Title:

Signature: Date:

PART 2: Statement of Applicant
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This page left blank intentionally.

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Please describe the activity and how CDBG funds will be used. If the program is a continuation of a currently funded CDBG activity, please explain how the services will be expanded or modified.
(Be concise in stating the nature and eligibility of the project, reasonable start and end dates, program costs, positions and operating expenses to be funded. Please do not exceed space provide for all narrative responses). [24 CFR 570.200(a), 570.201 - 570.208, 570.503]
Part 3. Program Description
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Please describe the target population and number of unduplicated San Bernardino residents to be served from the approval of this activity through June 30, 2018. Describe how the expected number of clients was determined. Explain why this program is needed for this target population. [24 CFR 570.200(a), 570.201 - 570.208, 570.503] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 300
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Describe the activity marketing/outreach and service delivery method. (Please describe how you will reach your target population and how your activity will be carried out, what service(s) will be provided and who will deliver those services.) [24 CFR 570.200(a), 570.201 - 570.208, 570.503]
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State the program outcomes and objectives. Indicate how the outcomes and objectives will be measured.
(Outcomes and objectives must be results-oriented, specific, and measurable. For example, if the program is a workshop, list the number of workshops, how many participants are expected to attend, and how the benefit(s) to the participants will be demonstrated.) [24 CFR 570.200(a), 570.201 - 570.208,570.503] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 302
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Part 4: Operating Budget
(Provide a summary of operating expenses for the Agency as a whole and for the proposed activity seeking CDBG funding. The activity budget must reflect only those costs serving CDBG-eligible San Bernardino residents. Please round up to the nearest dollar.) [24 CFR 570.502 - 570.504, 570.506, 570.507, 5760.610; CFR Parts 84 or 85, and OMB Circular A-87, A-122 Treasury Circular 107.5] Total Agency
Budget*
ProposedCDBGBudget
City of San
Bernardino CDBG
Funds Requested
Leveraged
Funds**
Total CDBG
Program
Personnel Services Budget
Salaries
Benefits
Other
Personal Services Subtotal
Supplies
Office Supplies
Postage
Other
Supplies Subtotal
Direct Client Services (DCS)
a.
b.
c.

Direct Client Services
Operating Expenses (OE)
Telephone
Utilities
Rent (Facility)
Liability Insurance
Printing
Training
Travel
Audit
Other
Operating Expenses
Subtotal Other Operating Expenses (OOE)
a.
b.
c.

Other Operating Expenses
Total Operating Budget
* Attach a copy of the Agency's most recent audited financial statement, or, if your organization is not required to perform audits, copies of your most recent balance sheet and income statement.
** Leveraged funds are not required for CDBG funded activities, but will enhance your proposal. Leveraged funds are the other non-CDBG funds that will be used in conjunction with the CDBG request to complete the activity. Leveraged funds can be a combination of cash, gifts, in-kind donations, or volunteer labor. These funds must be firmly assigned to the activity and immediately available.

If leveraged funds will be used, please describe the source and amount of funds and how they will be used.

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11 Part 5. Agency Experience
a. List and briefly describe similar activities your Agency has previously undertaken. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] b. Discuss the outcomes of the activities mentioned above in measurable terms. [24 CFR 570.200(a), 570.201 - 570.208, 570.503]
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11 c. Explain how the Agency will verify that clients are eligible for CDBG assistance. [24 CFR 570.200(a), 570.201 - 570.208, 570.503]
d. Describe the Agency's experience in working with CDBG and other federal funds in communities other than the City of San Bernardino. Include outcomes. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 305
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e. Describe the Agency's experience in working with the City of San Bernardino CDBG and other funds.

Please include outcomes. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] f. List the Agency's personnel, consultants, and/or volunteers who will be carrying out the program and their qualifications.
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g. Describe the Agency. For each person listed in the previous question, please provide their salary, cost of benefits and the percentage of their time that will be charged to the program. For each position to be funded under this application, please attach a current job description. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] Please attach a letter from your Executive Director or Board President describing the need for your program and how the program will meet that need. Page11of 11
h. Identify and describe any audit findings, liens, investigations, or probation by any oversight agency in the past five (5) years. If none, please state none. [OMB Circular A-133] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 307
Attachment E
Construction Project Application
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1 CITY OF SAN BERNARDINO

COMMUNITY DEVELOPMENT BLOCK GRANT
FY 2019-2020 CONSTRUCTION PROJECT APPLICATION
Organization Name
Organizations DUNS and Tax ID Number
Organization Address (including Zip Code)
Project Name:

Contact Information of person apply for funding (please include phone number and email address):

Project Address and Ward:

List Project Area and Applicable Census Tract(s):

Type of Activity
 New construction  Additional funding to an existing CDBGProject  Demolition with new construction to follow
The project meets the following a National Objective and Consolidated Plan goals:

CONSOLIDATED PLAN GOALS
 Preserve and Rehabilitate Housing
 Improve Neighborhood Conditions
 Expand Homeownership Opportunities
 Provide Assistance to Renter Households
 Provide Support Services
 New Affordable Housing Construction
 Promote Economic Development
 Improve Facilities and Infrastructure
 Fair Housing

NATIONAL OBJECTIVES
 Low/Moderate Income Limited Clientele (LMI)
 Low/Moderate Area Benefit (LMA)
 Low/Moderate Income Housing
 Low/Moderate Income Jobs
 Slums or Blight on an Area Basis
 Slums or Blight on a Spot Basis
 Slums or Blight in an Urban Renewal Area
 Urgent Need
Construction Timeline:

1. Design and Planning Phase:

2. Bid Document Preparation Phase:

3. Bid Document Release Date:

4. Pre-Bid Meeting:

5. Bid Due Date:

6. City Council Approval of Selected Contractor:

7. Pre-Construction Meeting

8. Notice To Proceed Issuance Date:

9. Notice of Completion Issuance Date:

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2 Project Budget:

SB City Other Funding Sources
Architectural and Engineering Services
Site Acquisition
Permits/Local Review Application:

Construction
Other:

Total:

Overall Total Project Costs
Name the other funding sources, the amount and the date of the award of each funding source used to support this project. If the funding source has not yet been awarded to the project, please state the status of the application for funding.

Are there any potential environmental issues located within the project site?  Yes
No
Explanation:

Describe geographic boundaries of the neighborhood or community to be served by this project. (Attach a map)
Legal Property Owner:

Zoning:

APN:

Square Footage:

Age of Structure(s):

Is the structure registered as a historic landmark under federal, state, local or law? Property Description:

List and briefly describe similar projects your organization has previously undertaken.

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3 Discuss the outcome of the project mentioned above in measureable terms.

List the personnel, consultants, and/ or volunteers who will be carrying out the project and their qualifications.

Describe your agency’s experience in administering government and/or public funds.

Identify and describe any audit findings, liens, investigations, or probation by any oversight agency, in the past five years. If none, please state none.

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4 The undersigned acknowledges the following:

1. By submission of this application, the organization agrees that the application will become a public document.

2. To the best of his/her knowledge and belief, all information provided is true and correct and all estimates for funding and/or accomplishments are reasonable.

3. No revised proposals/applications may be made in connection with this application once the deadline for applications has passed.

4. The City of San Bernardino may request or require changes in the information submitted which it deems reasonable for any and all information provided.

6. The City of San Bernardino reserves the right not to fund any submittalsreceived.

7. By submission of this application, the organization agrees to abide by the federalregulations applicable to this program.

8. The past program and financial performance will be considered in reviewing this application.

9. Services funded with City of San Bernardino CDBG funds are only to be provided to eligible San Bernardino Residents at no cost during the grantperiod.

11. If the program is funded, the City will perform an environmental review prior to the obligation of funds.

13. Program funding does not guarantee its continuation in subsequent programyears.

15. Written signature authority from the organization's governing body indicating who can execute contracts and amendments on its behalf will be submitted to the City prior to receivingfunds.

By signing below, the applicant acknowledges the above.

Department Director’s Signature
PRINT: SIGN:

DATE: _____________________________
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Attachment F
CDBG Project Proposal Evaluation Form
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Project Proposal Evaluation FY18-19
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City of San Bernardino
Economic and Housing Development Department
2018-19 Project Proposal Evaluation

HDS PROJECT INFORMATION
Project Number: (If continuing project
enter project number; if new project enter
“new”)
Project Name: (If continuing project enter
Project Name; if new project create and enter
a new Project Name.)
Process Type: (check one) Public Service Construction
Accomplishment Number: (Enter
proposed number and check applicable
selection)
Description:
(Using 25 words or less, provide a concise
description of the proposed project.)
Senior Programs Youth Programs Public Facilities
Infrastructure Public Services Econ Dev.

Planning/Admin Homeless/HIV/Aids Rental Housing
Non-Homeless Spec Needs Owner/Occupied Hsg Other
Contract Begin Date: Contract End Date:

HDS ACTIVITY INFORMATION
Ward Number: (check one) 1 2 3 4 [ ]5 6 7 Citywide
Eligibility Code: 24 CFR 570.

Ineligible Code: 24 CFR 570.207
HUD Matrix Code:

National Objective: (check one) LMA LMC LMH LMJ SB Area SB Spot SB Urban Renewal [ Urgent Need
Estimated Amount: $
Activity Description:
(IDIS description: What service is being provided
and by whom. What will the end benefit be
(measurable outcome), in 50 words or less.

Environmental Assessment Status:
(check one)
Exempt Categorically Excluded Complete Underway
Proposed Accomplishment: (check one) People Facilities Housing Units Jobs Households Businesses Organizations
Performance Objective: create economic opportunities
create suitable living
provide decent affordable housing
Performance Outcome: affordability sustainability
availability/accessibility
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Project Proposal Evaluation FY18-19
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City of San Bernardino
Economic and Housing Development Department
2018-19 Project Proposal Evaluation
CENSUS TRACT INFORMATION:

Census Tract # Block Group # Low/Mod Persons All Persons Low/Mod % NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
NaN %
TOTALS: 0 0 NaN %
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Project Proposal Evaluation FY18-19
___ ___
Evaluation Comments:

City of San Bernardino
Economic and Housing Development Department
2018-19 Project Proposal Evaluation
Project Eligibility Committee Determination:

Project (is _) (is not _) eligible for funding consideration by Mayor and City Council.

Primary Benefit Eligibility: 24 CFR 570._
Principal Evaluator: Date:

Final Reviewer: Date:

HDS Inputted by: Date:

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Attachment G
Activity Eligibility and National Objective Form
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City of San Bernardino

ACTIVITY ELIGIBILITY & NATIONAL OBJECTIVE FORM
Activity Name:

IDIS Activity
Number:

Applicant (if
applicable):

Location of Activity:
(Please include the
specific census
tracts impacted by
the project and a
map)
Activity Description:

Eligibility Citation:

National Objective:

Consolidated Plan
Priority Objective:

Date of
Memorandum of
Understanding: (if
applicable)
Sub-recipient
Reporting
Requirements:

Environmental
Determination:

Program Year:

Matrix Code:

Performance
Indicators:
___ Households _X__ People ___ Public Facilities ___ Feet of Public Utilities ___ Jobs Other Category: _______________________________________________ Proposed Outcome:

No. of Units:

Project Status: ____ Budgeted ____ Underway ____ Completed ____ Cancelled DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 318
Attachment H
CDBG Subrecipient Monitoring Checklist
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Community & Economic Development Department
Community Development Block Grant Monitoring Checklist
Administration Files
File Cabinet
 Suitably located and labeled
Necessary Records Properly Filed and Labeled, including but not limited to –  Notices and Advertisements
 Council Actions (Resolution and Minutes)
 Citizen Comments
 Correspondence
 Fiscal Tracking/Accounting Records
 All project allocations, expenditures, balances and tables  Reimbursement request files, inlcuding back – up documentation on expenditures  Accounts for CDBG funded activities separate from all other City fiscal accounting  Federal Regulaions and Circulars
 Affirmative Action and Equal Employement Opportunity Records  Contract Bidding and Compliance Records
504 Certifications
 Property Certification on File
 Corrective Action Plan
Audits
 Most Recent City Audit Under Federal Single Audit Act  Sub Recipient has a central file containing audit copies and pertinent correspondence  All City audit findings regarding CDBG funds have been adequately addressed and resolved by the City
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Attachment I
CDBG Subrecipients Monitoring Plan
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Community Development Block Grant (CDBG) Program
Subrecipient Monitoring Plan
Updated July 2019
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CDBG Subrecipient Monitoring Plan Updated July 2019
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TABLE OF CONTENTS
Risk Management ........................................................................................................... 1 Risk Level Criteria ........................................................................................................... 2 Quarterly Desk Reviews .............................................................................................. 2 New Subrecipients or Organizational Changes ........................................................... 3 Grant Award ................................................................................................................ 3 Administrative History .................................................................................................. 3 Program Performance ................................................................................................. 4 Financial Capacity ....................................................................................................... 4 Levels of Monitoring ........................................................................................................ 5 Limited Review ............................................................................................................ 5 Basic On-Site Monitoring Review ................................................................................ 5 Program Review....................................................................................................... 5 Financial Review...................................................................................................... 6 Number of Case Files .............................................................................................. 6 Invoices.................................................................................................................... 6 In-Depth Review .......................................................................................................... 6 Administrative Process for Monitoring............................................................................. 8 Findings, Concerns & Noncompliance......................................................................... 8 Findings ................................................................................................................... 8 Concerns.................................................................................................................. 9 Actions for Non-Compliance .................................................................................... 9 Definitions ..................................................................................................................... 10 Attachment A CDBG Subrecipient Monitoring Checklist
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RISK MANAGEMENT
Monitoring will be conducted based on parameters set by the City of San Bernardino (City) to assess risk at various levels and under different circumstances. The subrecipients funded annually in any single eligible category are primarily Public Service and Fair Housing Activities funding as an administrative program.

The following criteria are parameters for risk assessment for subrecipients:

1. No less than 10% of the total number of activities funded in a given program year will be selected for monitoring via site visits and program file review.

2. One review to assess the extent to which the City affirmatively furthers fair housing shall be made no less than once every three years.

As necessary for other programs:

1. At least one site visit will be made to a community development non‐housing activity funded in the prior three years. If the project was subject to Davis Bacon, the review will include internal certified payroll review.

2. At least one site visit will be made annually to HUD funded affordable housing acquisition, rehabilitation, or new construction project. Internal site review will include National Environmental Protection Act (NEPA) and Uniform Relocation Act (URA) applicability. For HOME funded activities, internal file review will include financial review including source of matching funds.

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RISK LEVEL CRITERIA
The City will use the criteria listed below to determine potential areas and levels of risk.

If a subrecipient is determined to have high risk levels in one area or indicate higher levels of risk across multiple areas, they may be monitored annually. While certain activities or programs may be more subject to monitoring than others, standard criteria will cause every organization to be monitored at some point in a three year cycle.

Standard criteria for determining risk:

Quarterly Desk Reviews
City staff conducts quarterly desk reviews of each agency’s progress in meeting performance and expenditure goals. This review will help inform areas of risk for further review and will generally include both programmatic and financial reviews which include, but are not limited to:
 The cumulative beneficiary accomplishments compared to annual program goals,  Proportional distribution of services across racial and ethnic populations evidencing adequate outreach,
 Review of distribution of beneficiaries across income groups (extremely‐low, very‐ low, and low‐ income),
 The extent to which services are provided to female‐headed households and persons with disabilities, and
 Any information provided through narratives or other methods that may inform the grantee of subrecipient activities, challenges, successes or other pertinent information.

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The financial review includes:
 Cumulative expenditure rate to budget,
 Eligibility of line item expenditures to budget, and
 Adequacy and clarity of supporting documentation for line item expenditures.

When requested, City staff will review Audits and Annual Financial Statements for any findings and Auditor notes and review agency’s progress quarterly in addressing the Auditor’s management letter. The Audit review should question whether or not there were any findings relevant to the HUD funded activity since, in some cases, the HUD funds may not be reviewed by an Auditor, yet there may be universal issues/findings that would impact the administration of the HUD funded activity.

Staff involved in the financial review of subrecipient activity should be familiar with both HUD’s CDBG Crosscutting Issues: Financial Management and Procurement and Cost Principles for Non‐Profit Organizations found at 2 CFR Part 230. http://www.whitehouse.gov/omb/assets/omb/fedreg/2005/083105_a122.pdf New Subrecipients or Organizational Changes
First time subrecipients or subrecipients experiencing organizational change will be selected when staff turnover results in a new Program Manager, Financial Officer or Executive Director. Organizational change may also include merging with another non‐ profit.

Grant Award
Subrecipients receiving awards of $25,000 or more in HUD funding will be selected for annual on-site monitoring.

Administrative History
The extent to which a subrecipient has correctly submitted quarterly benefit reports and maintained timely billings free of errors and supporting documentation specific to HUD funded expenditures.

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Program Performance
The extent to which program performance goals were met and the beneficiaries represented the demographics of the participating jurisdiction(s).

Financial Capacity
The extent to which invoices are received promptly on a quarterly basis, are submitted in the correct format, and are submitted with adequate supporting documentation of the expenditures for which reimbursement is being requested. Consecutive re‐submittals over 2 or more quarters would be grounds for monitoring or seeking further information and/or providing technical assistance.

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LEVELS OF MONITORING
Monitoring will normally be conducted at one or more of three levels, depending upon the risk involved.

Limited Review
A limited review is conducted of all subrecipients on a quarterly basis, previously described as a Quarterly Desk Review. The timing of this monitoring coincides with an organization’s submittal of a Quarterly Progress Report.

At least one quarter review will focus on the year‐end financial statement or audit, and where applicable, the Single Audit. If the Single Audit contains audit findings or contain a management letter, the subrecipient will be selected for an In Depth Review. The goal of a Limited Review is to provide clarification to a specific unknown that cannot be determined from the subrecipient reports, and to identify areas of technical assistance needed by each subrecipient.

Basic On-Site Monitoring Review
A basic on‐site monitoring review will typically be a site visit to a subrecipient program assisted with HUD funding and will achieve a balance between programmatic and fiscal reviews, and much documentation review can be done prior to the on‐site visit. The basic on‐site monitoring includes a tour of the program facilities as appropriate, an explanation of the services provided, discussions with program and administrative staff, and introduction to one or more actual beneficiaries, if possible. As a result of this visit, staff may determine that an in‐depth review is needed for further clarification of one or more issues that arose during the on‐site visit.

Program Review
Program review will focus on the specific subrecipient program activities. Program staff may be asked to define the strategic plans for the related programs and, as applicable, how those plans are used to help clients in those programs.

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Financial Review
Financial review will make the connections between the program budget, expenditures and actual beneficiaries assisted, including evidence of case managers time in client files, reviewing payroll documents for the period clients are reported, determining eligibility of clients based on income documentation in client files, the general relationship between the contents of client files (excluding Attorney Client or HIPAA confidential data) and benefit data reported by the subrecipient on the same clients.

Number of Case Files
The number of case files to be reviewed will reflect approximately 10% of the total clients served in the program, or more if there appear to be any systemic issues to address.

Invoices
Invoices may be randomly selected for review and traced back from reimbursement to the original organization’s advance expenditure and client assisted (if appropriate). For example, exact dollars billed for housing accessibility modifications can be traced directly to one client. Conversely, a different review model is required when dollars billed provided case management for multiple homeless individuals. It is expected that staff will review original invoices, cancelled checks, and other such documentation evidencing the expenditure, the relationship to the HUD program objective, the appropriate proportion of HUD expenditure in comparison to other funding, and accounting receipt of the federal grant funds.

In-Depth Review
An in‐depth review is a concentrated and focused review around a particular activity or program area. This would typically be a concentrated review of a known high‐risk area or critical function, such as but not limited to:
 Financial review for expenditures for ineligible activities,  Financial review for expenditures that cannot be traced through supporting documentation,
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 A program which requires donations as a condition of receiving service,  Management practices in affordable housing,
 Section 504 compliance reviews upon receipt of a complaint from a person with disabilities,
 A fair housing complaint from a home seeker treated differently while trying to obtain housing from the subrecipient,
 Denial of services for no valid reason, or
 Failure to meet prevailing wage requirements in construction activities subject to Davis Bacon, etc.

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ADMINISTRATIVE PROCESS FOR MONITORING
Monitoring will be conducted in two phases. File review will generally confirm compliance with reporting requirements, financial submittals, and contract provisions and much of it will be completed prior to the on‐ site visit. On‐site reviews will focus more on the beneficiary documentation and services provided, including quantitative performance outcomes to local and federal objectives, and financial processes and documentation only available at the program site.

The City conducts HOME program subrecipient monitoring every year through tenant roll and other documentation with on‐site visits every other year during the period of affordability, or as established in agreements, to ensure compliance with HOME program (including financial, physical, and management activities).

Staff will use the risk analysis criteria identified in this plan to determine the annual list of subrecipients to be monitored. Upon the arrangement of mutual date and time with the subrecipient, staff will send letters at least two weeks in advance of the date the monitoring is to be held. These monitoring policies and checklist will be provided to the subrecipient and the letter may emphasize any specific areas of compliance to be reviewed and how files will be selected for review, as applicable.

At the conclusion of the monitoring visit, staff will send each subrecipient written documentation of the site visit, summarizing what was reviewed, and indicating any findings of regulatory non‐compliance or concerns of program weaknesses.

Additionally, staff will provide technical assistance to correct any deficiencies noted, and will acknowledge the performance level of the program, and whether they will either meet or fall short of contract goals
Findings, Concerns & Noncompliance
Findings
Where an identified deficiency results in a finding of non‐compliance with HUD rules, the finding must include the condition, criteria, cause, effect, and required corrective action.

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 The condition describes what was wrong or what the problem was.  The criteria cite the regulatory or statutory requirements that were not met.  The cause explains why the condition occurred.
 The effect describes what happened because of the condition.  The corrective action identifies the action(s) needed to resolve the problem and, unless inapplicable or there are extenuating circumstances, should include the time frame by which the subrecipient is to respond to the finding.

The monitoring letter should also provide timelines for response and corrections, as well as actions the City may take if the subrecipient fails to make corrections in a timely manner
Concerns
Monitoring concerns brought to the subrecipient’s attention should include the condition, cause, and effect as described above. The reviewer should suggest or recommend actions that the subrecipient may take to address a concern, based on sound management principles or other guidelines. However, corrective actions are not required for concerns, only findings
Actions for Non-Compliance
Subrecipients who are found to be in non‐compliance and receive a finding as a result of their monitoring will be provided with technical assistance towards resolution, and actions taken by the City to achieve compliance may include, but not be limited to, withholding further disbursements of HUD funds until satisfactory compliance with applicable regulations are achieved.

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DEFINITIONS
Beneficiary The person(s), entity(ties), or organization(s) benefiting from the activity, projector program, e.g., a homeless individual, a low income family.

Concern A deficiency in program performance not based on a statutory, regulatory or other program requirement. Sanctions or corrective actions are not authorized for concerns. However, the City should bring the concern to the subrecipient’s attention and, if appropriate, may recommend (but cannot require) actions to address concerns and/or provide technical assistance.

Davis Bacon Reference to the Davis Bacon Act, which requires the payment of prevailing wages on certain construction projects funded by HUD funds, in which case monitoring would involve confirming evidence in bidding and payment practices.

Finding A deficiency in program performance based on a statutory, regulatory or subrecipient for which sanctions or other corrective actions are authorized.

Grantee The public jurisdiction that is in direct recipient of the HUD funding.

In-Depth Monitoring A detailed compliance review for a selected subrecipient. An in=depth review can include one or more areas of concentrated review, including:
specific activities, projects or programs, financial documentation, management, a review of known high-risk areas or other critical functions.

This would also include randomly selected activity/project/program sample, sufficiently large to draw a valid conclusion.

Limited Monitoring A program compliance review reduced from In-Depth Monitoring in scope and size for the selected subrecipient that may include review of a smaller, selected activity/project/program sample.

Monitoring Conclusion The determination reached regarding a Subrecipient’s performance based upon the monitoring results. Conclusions may be positive or negative.

N/A Not applicable.

NEPA National Environmental Policy Act guides the environmental review of activities funded with CDBG funds.

On-Site Monitoring Monitoring that is conducted at the subrecipient’s geographic location.

Participating Jurisdiction The governmental entity that is providing funding, which is the City of San Bernardino.

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CDBG Subrecipient Monitoring Plan Updated July 2019
City of San Bernardino Page | 11
Program Income Includes but is not limited to proceeds from sale, lease, rental proceeds of property acquired or improvement with CDBG funds; principal and interest payments on loans made from CDBG funds; proceeds from sale of CDBG loans or other obligations; interest earned on funds in a revolving loan fund account or on program income pending reuse.

Further definitions found in 570.4989(e)(1).

Quarterly Desk Review Monitoring that is conducted off-site, typically at the City office, based upon analysis of information from the subrecipient, including interviews.

Information forming the basis for conclusions from this remote type of monitoring can incorporate review of performance reports and audited financial statements, information in electronic databases, and other documentation submitted by the subrecipient.

Subrecipients The nonprofit organizations that receive CDBG funds to carryout services and programs benefiting low and moderate income persons.

DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 334
Attachment A
CDBG Subrecipient Monitoring Checklist
DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 335
Community & Economic Development Department
Public Service Monitoring Checklist
General Program Files
Certification of CDBG funded new or expanded project form  Suitably located and labeled
 Program needs assesment
 Citizens comments (Complaints, Letters of Appreciation, etc. )  General Correspondence
 Program Policies
 Client fee schedules
 Personnel Policies
 Fringe benefits plan
Insurance
Certified insurance policies and certificates of insurance maintained throughout the term  Workers’ compensation
 Comprehensive general and automobile liability
 Errors and omissions liability
 Professional liability
Program Performance
 Performance follows the schedule outlines in the agreement  Provides full scope of services defined in the agreement  Performance quality is consistent with the terms of the agreement  Verfied services are being provided per the terms of the agreement Contract Activity Files
 Activity descriptions, including goals, objectives, units of service to be provided, client target groups, other funding sources, etc.
 Notices and advertisements
DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 336
Community & Economic Development Department
Public Service Monitoring Checklist
 Correspondence pertaining to the service/activity
 Sub-contractors and procurement records
 Activity progress documentation
 Citizen participation records
Direct Benefit Reports
 Monthly activity accomplishment reports have been submitted to the City  Direct benefit activity forms submitted to the City (monthly, quarterly, or annually)  Adequate program progress indicated
 Unites of service provided per the terms of the agreements Clientele Qualification
 Clienteles income documentation meets the requirements of the agreement  Clientele direct benefit documentation (client count by ethnicity and female headed households)
 Kept current, without double counting clients
 Current list of HUD Section 8 income limit
Fiscal Management
 Fiscal tracking system including reports on program allocations, obligations, expenditures, balances and totals
 Program income
 City has authorized all budget amendments
 Fiscal documents, including time cards, payroll registers, invoices, receipts, cancelled checks
Audits
 Current federal single audit act has been received
 All audit findings regarding CDBG funds have been adequately addresses and resolved
DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 337
Community & Economic Development Department
Public Service Monitoring Checklist
Equipment
Accurate/complete listing of CDBG funded equipment or vehicle on file, including: make, model, serial number, purchase price, and use location:
 List of equipment purchased with CDBG funds
 Listed equipment is used primarily for the CDBG project  Listed equipment is well maintained
 City has authorized all non-expandable project purchases DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 338
EXHIBIT "F"
FORMS
[Behind this page.]
DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 339
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 340
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 341
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 342
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 343
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 344
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)

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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 345
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 346
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 347
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 348
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 349
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 350
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 351
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: 7E02E024-B9BF-40D0-9C84-65A38CE78933 Packet Pg. 352
1 EMERGENCY SOLUTIONS GRANTS PROGRAM

SUBRECIPIENT AGREEMENT

THIS EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT
AGREEMENT (the "AGREEMENT") is made and entered into as of March 16, 2023, by and between the CITY OF SAN BERNARDINO, a California municipal corporation, ("CITY"), and Lutheran Social Services of Southern California (LSSSC), a private non-profit corporation licensed to do business in the State of California, 1354 N. G Street, San Bernardino CA 92405, ("SUBRECIPIENT"), DUNS Number 198953929.

RECITALS:

1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371–11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance (“CFDA”) 14.231 and Federal Award Identification Number (FAIN) E-20-MC-06- 0539. For purposes of this Agreement, the ESG shall be deemed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time.

5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $70,000.00 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under thisAGREEMENT.

6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 353
2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT.

7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds.

DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 354
3 CONTACT INFORMATION
City of San Bernardino: Subrecipient Organization:

Cassandra Searcy Lutheran Social Services of
Southern California (LSSSC)
Awarding Official
Title: Deputy Director of Housing and Homelessness LaSharnda Beckwith Address: 201 N. E Street Name of Primary Contact
City: San Bernardino
State: CA Zip: 92401 Title: President and CEO
Telephone: 909-384-7270 Address: 1354 N. G Street
City: San Bernardino
State: CA Zip: 92405
Telephone: 909 381-6921
CFDA Number: 14.231 FAIN Number: E-20-MC-06-0539
Federal Award Date: May 13, 2022
(the date when the federal award is signed by the authorized official of the federal awarding agency.)

1. ESG Funds Obligated
Program Year: 2022-2023 ESG Funds
Amount: $70,000.00
Total Amount of ESG Funds Obligated: $70,000.00
I. SCOPE OF PROGRAM
A. General Administration
In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG.

C. Staffing; Relationship of Parties; No Third PartyRights DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 355
4 The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or 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. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein.

II. TERM OF AGREEMENT
This AGREEMENT shall take effect on July 1, 2022, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this AGREEMENT.

III. DISBURSEMENT AND FUNDS
A. Maximum Amount of Disbursements; Method of Disbursement.

CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $70,000 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than quarterly, commencing on or before the 15th day of October, January, April, and July, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in quarterly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT’S services under this AGREEMENT.

Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 356
5 received and approved by the CITY.

D. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. 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 ESG funds for providing SUBRECIPIENT’S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law.
(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT’S services. Any inspection or examination by the CITY is for 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. (3) Where the CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 357
6 CITY may suspend 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.

E. Matching
The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY.

H. Expenditure of Funds
Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant fundsfor eligible activity costs within 24 months after the date that HUD signs the grant agreement DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 358
7 with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds.

I. Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at-risk of homelessness. Said fundsshall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ESG funds will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agreesthat it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities," in accordance with its instructions (see Exhibit D).

If to CITY: Community and Economic Development Department City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 359
8 With copies to: Princess Wilson, Management Analyst
Community and Economic Development Department
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Telephone No. (909) 384-5214
If to SUBRECIPIENT: Jessica Esquivel, Program Coordinator Lutheran Social Service of Southern California
1354 N. G Street
San Bernardino CA 92405
Telephone No. (909) 381-6921
V. GENERAL CONDITIONS
A. Coordination with Continuum of Care
The SUBRECIPIENT must work with the Continuum of Care (“CoC”) to ensure the screening, assessment, and referral of program participants are consistent with the CITY’s written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400.

D. Shelter and Housing Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR § 576.403.

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9 E. Homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d).

H. Licensing
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10 The SUBRECIPIENT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. 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.

The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447.

The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below:
(a) Workers’ Compensation Insurance, as required by State 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 $1,000,000 combined single limit of liability for bodily DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 362
11 injuries, death, and propertydamage resulting from any one occurrence. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned 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.

K. Zoning.

L. Displacement and Relocation.

M. Provisions Required by Law Deemed Inserted.

VI. ASSURANCES AND CERTIFICATIONS
A. Non-Profit Status
The SUBRECIPIENT certifies that:
(1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 364
13 SUBRECIPIENT.
(2) If the SUBRECIPIENT’s non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services.
(4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR § 200.

B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c).
(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 365
14 SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agreesto comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.

C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds.

DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 366
15 Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any suchviolation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

H. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 367
16 in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.

VII. ADMINISTRATIVE REQUIREMENTS
Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al.

SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326.

Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY’S request, such assets shall revert to the CITY upon termination of this AGREEMENT.
(2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT’s award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR § 200.414(b) Indirect (F & A) costs shall be used. For this AGREEMENT, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200.

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17 B. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT.

Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 369
18 are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the abovereferenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500.

D. Homeless Management Information Systems (HMIS)

Arrowhead Ave., 3rd Floor, San Bernardino, California (909-387-4700).

4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS.

Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below.

E. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 370
19 compliance with audit report(s)required by applicable provisions of the Lead-Based PaintRegulations as further detailed below.

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20 B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal passthrough grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD.

C. Assignment of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35.

D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 372
21 paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K (“LBP Regs”).

The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located:
(1) A visual assessment of all painted surfaces in order to identify deterioratedpaint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance; (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and
(4) Notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination.

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22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations.

XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 374
23 theSUBRECIPIENT.

XV. VIOLATION OF TERMS AND CONDITIONS
A. Events of Default.

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 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 375
24 within such thirty (30) day period and thereafter diligently prosecute the same to completion.

B. Institution of Legal Actions.

C. Acceptance of Service of Process.

D. Rights and Remedies AreCumulative.

E. Inaction Not a Waiver of Default.

F. Applicable Law.

The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT.

G. Attorneys’ Fees.

H. Immediate Termination for SUBRECIPIENT’sDefault.

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25 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.

I. Termination Without Cause.

J. 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.

XVII. VALIDITY AND SEVERABILITY
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26 The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.

XVIII. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.

XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
(Remainder of page intentionally left bank; signatures on next page) DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 378
27 Initial

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.

CITY OF SAN BERNARDINO Lutheran Social Services of Southern A California Municipal Corporation California
A California Non-Profit Corporation
Charles E McNeely, City Manager LaSharnda Beckwith, President and CEO Date: Date:
1354 N. G Street
San Bernardino CA 92405
Contact Person:

LaSharnda Beckwith
Phone: (909) 381-6921 Ext. 1009
Email: [email protected]
ATTEST
City of San Bernardino
Genoveva Rocha, City Clerk
Approved as to form:

Thomas Rice, City Attorney
By:

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EXHIBIT "A" SCOPE OF WORK
[Behind this page.]
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Scope Of Work
Lutheran Social Services Southern California
Lutheran Social Services Southern California will deliver the following services under the City of San Bernardino FY 2022-2023 ESG Award Agreement:
• Provide 70 homeless men in the City of San Bernardino with emergency shelter services, which will include –
I. 24/7 Shelter Nights
II. Outreach and County’s Coordinated Entry System (CES) Intake.

III. Meal and Clothing
IV. Screening/Assessment by a case manager using the Vulnerability Index and the Service Prioritization Decision Assistance Tool (VI-SPDAT) to determine critical needs and develop client specific self-sufficiency plans to address these needs.

V. Development of an individualized self-sufficiency plan for each participant.

VI. Supportive services that include but are not limited to – entitlement benefit enrollment, documentation procurement, referrals to substance abuse and mental health service providers, primary care providers, employment assistance, job readiness training, reunification of family members, housing navigation, and linkage to permanent housing.

VII. Transportation to self-sufficiency related services- employment, school, healthcare, entitlement benefits, and document procurement.

VIII. Tracking of client data using the Homeless Management Information System (HMIS).

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EXHIBIT "B" BUDGET
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Lutheran Social Services of Southern California
FY 2022-2023
Sources of Funds: ESG Funds Applicant’s
Funds:

Other
Sources:

Total
Street Outreach1
Service Activity:

Service Activity:

Emergency Shelter2
Personnel Activity:
40,000.00 35,0000.00
EFSP
Volunteer Hours
75,000.00
Operational Activity: 25,000.00 25,000.00
Operational Activity:

Homeless Prevention3
Activity:

Activity:

Rapid Re-Housing
Assistance:

Activity:

HMIS4
Activity:
5,000.00 35,000.00
EFSP
Volunteer Hours
40,000.00
TOTAL: $70,000.00 70,000.00 140,000.00
1 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 2 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 3 Homelessness Prevention Activities – 40% of ESG funding is targeted for homelessness prevention activities 4 HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 383
EXHIBIT "C"

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit OMB Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Name of Subrecipient Organization Program Title
Name of Certifying Officer Signature Date
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EXHIBIT "D"

DISCLOSURE OF LOBBYINGACTIVITIES
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F7
I

ATTACHMENT D

DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

Approved by 0MB
0348-0046
a. contract
b. grant
�a. bid/offer/application
b. initial award
�a. initial filing
b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name D Prime EJ Subawardee
Tier ' ifknown:

Lutheran Social Services of Southern California
Congressional District, ifknown:

6. Federal Department/Agency:

San Bernardino County

8. Federal Action Number, ifknown:

NIA

10. a. Name and Address of Lobbying Registrant
( ifindividual, last name, first name, M/):

NIA. NO LOBBYING
and Address of Prime:

NIA
Congressional District, if known:

7. Federal Program Name/Description:

FY 2022-2023 ESG
CFDA Number, ifap p licable: 14.231

9. Award Amount, ifknown:
$ NIA
b. Individuals Performing Services (including address if different from No. 1Oa)
(last name, first name, Ml):

NIA
Information requested through this form is authorized by title 31 U.S.C. section • 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name: Dr. LaSharnda Beckwith
Title: Presidnet & ChiefExecutive Officer
Telephone No.: 714-244-4263 Date: 1/13/23
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
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EXHIBIT "E"
EMERGENCY SOLUTIONS GRANT –

WRITTEN STANDARDS
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Revised 10/10/19
City of San Bernardino
Economic and Housing Development
Emergency Solutions
Grant
Written Standards
201 N. North E Street, Third Floor
San Bernardino, CA 92415-0043
(909) 384-7267
www.sbcity.org
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2 A. Program Written Standards
Sub-Recipients are required to comply with t he D ep art ment of Hou sin g and Urb an D evelop ment (HUD ) minimum standards for providing ESG assistance and those standards relevant to ESG that are required by their Continuum of Care (COC). The following minimum program standards are required for delivering the ESG program as outlined in 24 CFR Part 576.

1. Evaluating Eligibility for Assistance
Per the U.S. Department of Housing and Urban Development (HUD), Sub-Recipients are required to participate and comply with the COC coordinated entry process, also identified by HUD as the Coordinated Entry System (CES). The system identifies, assesses and prioritizes homeless individuals and families for housing and services based on vulnerability and severity of need. CES is designed to:
 Ensure that people experiencing homelessness receive the right housing intervention, and
 Prioritize people who need supportive housing the most to be able to access it as quickly as possible.

Without CES, people experiencing homelessness often face long wait times to receive assistance or are screened out altogether. Some of the most vulnerable people experiencing homelessness do not have the functional ability to check in routinely on wait lists, and to apply at multiple housing sites, necessary under a “first come, first served” process of accessing housing and services, and so are the least likely to be able to access housing without a CES process in place.

Coordinated entry is a community-wide approach that moves a homeless response system from a collection of independent housing and service providers who employ their own referral policies and wait lists, to a comprehensive approach intended to coordinate all housing and service resources. In CES, providers work collectively to match people experiencing homelessness to an appropriate housing placement based on vulnerability and need.

CES simplifies the process by which homeless persons access housing and helps to ensure the right housing intervention is paired with the most appropriate participant. It is a data-driven process that allows communities to provide access to housing resources, to assess each individual or family who enters the homeless response system for their vulnerabilities and needs, to assign housing interventions based on client need, and to create a framework of accountability. Sub-Recipients may choose to utilize a different intake and assessment system for victims of domestic violence, veterans or any other special population identified by HUD.

The minimum eligibility process will include an initial phone or in person screening to determine whether or not the applicant meets one of HUD’s categorical definitions of homeless or at risk of homelessness. If yes, then a more comprehensive assessment will DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 389
3 be completed in person by Sub-Recipient staff to verify applicants’ homeless status and determine which ESG service components they qualify for and that will address their housing need. Eligibility determinations must be documented in client files and preferably through third-party documentation. Intake worker observation or participant self-certification can be used when due diligence by staff and client is documented in the file indicating third-party verification is unavailable.

When working with ESG program income limits, the “Extremely Low Income (ELI) families” limits DO NOT apply to the ESG or COC programs. ESG does not use the ELI measure to establish income limits, but instead uses the 30% of Area Median Income (AMI) income limits. The 30% AMI tables are to be used. HUD released the FY 2019 Income Limits, effective April 24, 2019, which can be found at HUDUSER https://www.huduser.gov/portal/datasets/il.html. Click on the Data tab and scroll down to the 5th section labeled “HUD 30% Income Limit for All Areas.” Re-evaluations of eligibility for continued receipt of homelessness prevention and rapid re-housing assistance are required—every three (3) months for prevention and annually for rapid re-housing. Minimally, each re-evaluation of eligibility must verify that the client household does not have an annual income that exceeds thirty (30) percent of HUD determined median family income for the service area and the household continues to lack sufficient resources and support networks needed to retain housing without ESG assistance.

2. Targeting and Providing Essential Services Related to Street Outreach Sub-Recipients are required to target unsheltered homeless individuals and/or families whose primary nighttime residence is a public or private place not meant for human habitation. It is recommended that preference be given to the chronically homeless and those special populations who are most vulnerable to being harmed by living in unsafe and unprotected places, i.e. victims of domestic and other forms of violence, youth, families with children, disabled, elderly, etc. HUD’s definition of chronically homeless is

1. A “homeless individual with a disability,” as defined in the Act, who lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and has been homeless (as described) continuously for at least 12 months or on at least 4 separate occasions in the last 3 years where the combined occasions must total at least 12 months. Occasions separated by a break of at least seven nights; stays in an institution of fewer than 90 days do not constitute a break.

2. An individual who has been residing in an institutional care facility for a fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or

3. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraphs (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless.

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4 Engagement activities must include an initial assessment of needs and eligibility in order to prioritize the type and source of assistance required with safety and urgent health needs being the highest priority. Emergency health services, including mental health, can be funded with ESG only to the documented extent that other non-ESG funded appropriate health services are inaccessible or unavailable within the service area, or at the time of assessment. Based on need and assessment, qualifying individuals and/or families will be offered essential services beyond emergency health and other crisis intervention assistance that include case management, transportation, and housing stabilization.

3. Emergency Shelter Operations
Admission
Sub-Recipients are required to have standardized screening and intake criteria in writing for determining eligibility for admission to emergency shelter. The criteria must be in compliance with Fair Housing Law and cannot force involuntary family separation by denying family admission based on the age of a child less than 18 years.

The admission process requires an initial assessment to determine the homeless status of the applicant based on HUD’s four categorical definitions of homeless (24 CFR 576.2) and meeting other Sub-Recipient determined eligibility criteria. The assessment process and tools must meet the service area’s C O C coordinated entry requirements (24 CFR 576.400(d).

Diversion from Shelter
Based on screening results, individuals and families should be diverted when appropriate to the most stable housing available by using the Housing First or Rapid Re-housing service models.

Essential Services and Referral
Emergency shelter participants must have access to essential services either through direct service delivery by the Sub-Recipient and/or provision of information and referral to other service providers. Essential services include but not limited to: case management; child care; education services, employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; services for special populations and mainstream income and health benefits where appropriate.

Length of Stay and Discharge
Provision of essential services and shelter must be available for homeless individuals and families for at least the time period during which the ESG funds are provided to provide shelter to the client. The typical stays are generally 90 days for emergency shelter and 30 days for motel vouchers; however, if a client requires a stay longer than generally prescribed the case management notes and must address the reason for the extended stay and an updated housing plan.

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5 Safety and Accommodationsfor Special Populations
If applicable, any shelter facility that receives ESG assistance for conversion, major rehabilitation, renovation or operations is required to meet all federal, state and local government safety, sanitation and accessibility standards including compliance with the safety, sanitation and privacy requirements contained in 24 CFR 576.403.

Sub-Recipients are required to develop and implement written procedures and communication tools/materials that ensure persons of any particular race, color, religion, sex (gender), national origin, familial status, or disability (mental or physical) who may qualify for shelter and essential services are aware of and have access to such facilities and assistance. Reasonable accommodations for persons with disabilities must be available in order to ensure disabled participants have an equal opportunity to utilize the shelter and receive essential services. Greater levels of accessibility may be required for some shelters in compliance with The Americans with Disabilities Act.

Domestic violence victims and other persons in need of victim services must have access to a safe setting and have their identity protected. Sub-Recipients are required to implement procedures to ensure confidentiality of records pertaining to any individual who is provided family violence prevention, treatment or other services. SubRecipients must also certify that the address of a family/individual violence shelter will not be made public without permission of the shelter agency.

Sub-Recipient emergency shelter policies and procedures must:
 Prohibit disclosing personally identifying victim information to any third party without consent of the victim;
 Ensure victim consent is reasonably time-limited, written and specific as to whom information will be shared;
 Identify and utilize an alternative HMIS to collect program data that will prevent the disclosure of personally identifying victim information; and  Include confidentiality policies and procedures that require staff to refrain from discussing client information in public and ensure client records are secure and only accessible to authorized staff.

4. Assessing Needs for Essential Services Related to Emergency Shelter 24 CFR 576.102
Sub-Recipients are required to have a written standard assessment process and tool(s) that are applied to all eligible recipients of shelter essential services.

Shelter essential services include: case management; child care; education services; employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; and services for special populations. Provision of services should be determined based on client need and in alignment with Sub-Recipient’s targeted populations.

Provision of essential services and shelter must be available to shelter residents for at DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 392
6 least the time period during which the ESG funds are provided. Services do not need to be limited to a particular site as long as the site serves the same categories and types of homeless originally provided with essential services or serves homeless persons in the same service area where the Sub-Recipient originally provided the services.

Based on the COC’s centralized or coordinated assessment system, the client will be assessed and prioritized using the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) assessment tool to determine an individual or family’s need for emergency shelter or other ESG funded assistance.

The County of San Bernardino’s COC developed written CES is in accordance with:
 24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH Act): COC Program; Interim Final Rule;
 Emergency Solutions Grants Program (24 CFR 576);
 HUD’s final rule on defining chronically homeless and homeless (24 CFR 91);  HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status.

Coordinated Entry should achieve several goals:
 Make it easier for persons experiencing homelessness or a housing crisis to access the appropriate housing and service interventions;  Prioritize persons with the longest histories of homelessness and the most extensive needs consistent with HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status;
 Lower barriers to entering programs or receiving assistance; and,  Ensure that persons receive assistance and are housed as quickly as possible.

An initial intake and assessment will be completed by first entering persons who are homeless into the Homeless Management Information System (HMIS) which will include administering the VI-SPDAT as the assessment tool to assess and prioritize single individuals experiencing homelessness (the family version of the assessment, the F-VISPDAT, will be used for families). Prioritization is based on vulnerability across five components: (a) history of housing and homelessness (b) risks (c) socialization and daily functioning (d) wellness – including chronic health conditions, substance usage, mental illness, and trauma and (e) family unit (if applicable).

5. Coordination Among Homeless Assistance Providers, Mainstream Service Providers and Housing Providers
Continuums of Care are community-based homeless assistance program planning networks whose responsibilities include the promotion of access to and effective DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 393
7 utilization of homeless and mainstream programs by the homeless. Sub-Recipients are required to be active members of their respective COC and contribute to the identification, development and coordination of resources that will promote and increase the efficiency and effectiveness of the community’s homelesssystem.

Sub-Recipients must coordinate and integrate, to the extent possible, their ESGfunded assistance with other programs serving homeless and at-risk of homelessness people within their service area (refer to 24 CFR 576.400).

6. Determining and Prioritizing Eligibility for Homeless Prevention and Rapid Re-housing Assistance
Determination of eligibility for homeless prevention requires an in-person assessment (in compliance with COC coordinated entry process) to verify that applicants meet HUD’s categorical definition for imminent risk of homelessness, homeless under other federal statutes, fleeing/attempting to flee domestic violence, or at-risk of homelessness and have an annual income at 30% or below of area median income.

Homeless status and income eligibility must be documented in client files through third-party verification unless written justification is provided showing that due diligence was conducted substantiating that third-party was not available/accessible.

Additionally, the assessment must indicate that prevention assistance would likely allow the applicant to regain stability in their current permanent housing or access other permanent housing and achieve stability.

Prioritization for homeless prevention assistance must comply with COC standards.

Minimally, prioritization should align with vulnerable homeless and at-risk of homelessness populations identified in Sub-Recipient’s service area homeless plan(s) and/or community assessment(s).

Determination of eligibility for rapid re-housing requires an initial assessment to verify that clients meet HUD’s categorical definition for literally homeless or fleeing/attempting to flee domestic violence and are literally homeless. Homeless status must be documented in client files in accordance with HUD documentation standards with preference given to third-party verification where available.

Prioritization for rapid re-housing must comply with COC standards and be supported by Sub-Recipient service area homeless plans and/or community assessment data.

The subrecipient cannot use ESG funds to help a program participant remain in or move into housing that does not meet the minimum habitability standards under §576.403(c).

This restriction applies to all activities under the Homelessness Prevention and Rapid Rehousing components, including rental assistance and housing relocation and stabilization services. In addition:
 If an eligible household needs homelessness prevention assistance to remain in its existing unit, the assistance can only be provided if that unit meets the minimum standards.
 If an eligible household needs homelessness prevention or rapid re-housing assistance to move to a new unit, the assistance can only be provided if the new DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 394
8 unit meets the minimum standards. The unit the household is leaving does not need to be inspected.
 The housing must also comply with any other standards established by the recipient that exceed or add to these minimum standards.

Note: The same standards apply regardless of the amount of ESG funds involved. For example, the subrecipient must inspect the unit and confirm that it meets the ESG minimum habitability standards, even if the only ESG assistance being provided is for a security deposit or moving assistance.

The subrecipient must be sure to document compliance with the ESG habitability standards for Emergency Shelter activities in the program participant’s file.

Homelessness Prevention – When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Homelessness Prevention component to help a program participant remain in or move into permanent housing, the ESG minimum habitability standards apply to either the current unit (if the program participant is staying in place) or to a new unit (if the program participant is moving). Even if only a minimal amount of Housing Relocation and Stabilization Services assistance—such utility arrears/payments (Financial Assistance) or housing stability case management (Services)—is provided under the Homelessness Prevention component to assist a program participant to stay in their unit, the habitability standards apply to the unit and must be documented in the program participant’s file.

Rapid Re-housing – When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Rapid Re-housing component to help a program participant move into a new permanent housing unit, the habitability standards apply to the unit into which they are moving and must be documented in the program participant’s file. If Rapid Re-housing services are being provided before a unit has been identified, no habitability inspection is required until there is a unit to inspect. If assistance with arrears for a prior unit is needed as part of the rapid rehousing assistance, no habitability inspection is required for the old unit on which the arrears are owed, so long as the program participant will be rapidly re-housed in a different unit.

7. Determining Client’s Share of Rent and Utility Costs A client’s household annual income must be less than or equal to 30 percent of Area Median Income (AMI) when determining the client’s share of rent. Program Providers are to apply a progressive engagement approach to determine the rent subsidy amount and household contribution for each participating household. The City requires at the 1st month, the program pays up to 100% of move in costs including security deposits, first month’s rent and any required utility payments. In the 2nd– 3 rd month, the household is
responsible to pay 30% of their gross household income towards rent (this includes rent and the cost of utilities [if utilities are not included in the rent, a utility allowance schedule should be used for calculating the rental subsidy]). In the 3rd– 4 th month and beyond, the
household pays 50% of their gross household income towards rent and the program pays the remaining rent. Once the household is able to pay their rent with 60% or less of their gross household income or reaches 12 months of rental assistance, the rent subsidy should DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 395
9 end. Case managers are expected to work with clients to review family budgets and ensure families can maintain their housing. Utility assistance is limited to 24 months within a 3-year period and can be used to pay the cost of utility deposits, utility arrears, and gas, electric, water and sewage services. Assistance can only be provided if the utility account is in the name of a member of the client household or there is documented proof of household responsibility for utility payments. Utility arrears assistance for homeless prevention requires a shut off notice and for rapid re-housing must result in utilities being turned on at the new permanent housing location (24 CFR 576.400(e)(3)(iii).

8. Determining If Rent is Acceptable For ESG Rental Assistance Whether a household is seeking to maintain its current housing or relocate to another unit to avoid homelessness (Homelessness Prevention), or exiting homelessness into new housing (Rapid Re-Housing), the process for determining acceptable rent amounts is the same:
 The subrecipient first compares the gross rent (see box below) for the current or new unit with current FMR limits, which are updated annually.  If the unit’s gross rent is at or below FMR, the subrecipient next uses current data to determine rent reasonableness (more information is provided below on how to determine and document this).

To determine rent reasonableness, take the rent of the three (3) comparable units and calculate the average rent.

If the gross rent is at or below both the FMR and the rent reasonableness standard for a unit of comparable size, type, location, amenities, etc., ESG funds may be used to pay the rent amount for the unit.

If the gross rent for the unit exceeds either the rent reasonableness standard or FMR, ESG recipients are prohibited from using ESG funds for any portion of the rent, even if the household is willing and/or able to pay the difference. However, because the FMR and rent reasonableness requirements apply only to rental assistance, ESG funds may be used:

1. to pay for financial assistance and services to help the eligible program participant stay in the unit, or

2. to pay for financial assistance and services to locate and move to a different unit that meets the rent reasonableness standard and is at or below FMR and pay rental assistance in that unit.

Rent reasonableness and FMR requirements do not apply when a program participant receives only financial assistance or services under Housing Stabilization and Relocation Services. This includes rental application fees, security deposits, an initial payment of “last month’s rent,” utility payments/deposits, and/or moving costs, housing search and placement, housing stability case management, landlord-tenant mediation, legal services, and credit repair. (Note: “Last month’s rent” may not exceed the rent charged for any other month; security deposits may not exceed 2 months’ rent.) See example of how to complete the Rent Reasonableness Checklist and Certification form on Attachment A.

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10 9. Determining Duration and Amount of Rental Assistance Provided to Client The duration of rental assistance is limited to twenty-four months within a 3-year time period. Short-term assistance can be provided up to three (3) months and medium-term assistance is limited to twenty-four (24) months. The amount of rent assistance provided must be the least amount needed to stabilize clients in their permanent housing. Rent arrears assistance is defined as: past due rent owed to a current landlord (24 CFR 576.400(e)(3)(iii).

10.Determining Type, Amount, and Duration of Housing Stabilization and/or Relocation Services Provided to Client
Type of Housing Stabilization and/or Relocation Services is limited to financial assistance costs and service costs, subject to the general conditions and restrictions identified under 24 CFR 576.103 and 576.104. Security deposits are limited to no more than 2 month’s rent. A last month’s rent must not exceed one month's rent and must be included in calculating the program participant's total rental assistance, which cannot exceed 24 months during any 3-year period. Utility payments are limited to up to 24 months per client, per service, including up to 6 months of arrears, per service. Eligible utility services are gas, electric, water, and sewage. No program participant shall receive more than 24 months of utility assistance within any 3-year period.

ESG funds may be used to pay cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability for a program participant who resides in permanent housing or to assist a program participant in overcoming immediate barriers to obtaining housing. This assistance cannot exceed 30 days during the period the program participant is seeking permanent housing and cannot exceed 24 months during the period the program participant is living in permanent housing.

Mediation services are allowable, provided that the mediation is necessary to prevent the program participant from losing the permanent housing in which the client currently resides. Legal services must be necessary to resolve a legal problem that prohibits the client from obtaining permanent housing or will likely result in the client losing the permanent housing in which they currently reside. Credit repair does not include the payment or modification of a debt.

Financial assistance cannot be provided to a client who is receiving the same type of assistance through other public sources or to a client who has been provided with replacement housing payments under the URA, during the period of time covered by the URA payments.

Except for housing stability case management, the total period for which any client may receive assistance must not exceed 24 months during any 3-year period. The limits on the assistance apply to the total assistance an individual receives, either as an individual or as part of a family.

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11 B. HMIS Data Collection
All data on persons served and all activities funded with ESG must be entered into HMIS. The purpose of HMIS is to record and store client-level information about the numbers, characteristics, and needs of homeless and at risk homelessness persons who receive program assistance.

Domestic Violence Victim service providers are prohibited from entering data in HMIS; however, they are required to maintain comparable databases of their own design which provide aggregate information and data consistent with HMIS data collection requirements. Projects serving survivors of domestic violence where the recipient is not a victim services provider are required to enter data in their HMIS.

Data entry requirementsforshelters are:

Emergency or transitional shelters, day or mass shelters, or hotel/motel vouchers are required to collect data and report outcomes using the Entry/Exit method of data collection.

Shelters which meet the three criteria below may be set up in HMIS to use the Night-byNight method of tracking shelter use:
 The shelter serves a large number of clients on a nightly basis;  Clients are permitted to spend nights at the shelter on an irregular basis; and  There is a high degree of client turnover.

Night-by-Night (NBN) shelters, which use a bed-night tracking method, will have a project start date for the night the client first stayed and will allow clients to re-enter as necessary without “exiting and restarting” for each stay for a specified period. Data collection involves recording, in HMIS, contacts with each person served. A contact is defined as the date of an interaction between a worker and a client designed to engage the client. All client contact must be recorded. Engagements must also be recorded. An engagement is an interaction which results in a formalized assessment or discussion. The date of engagement should be entered into HMIS at the point when the client has been engaged by the shelter worker.

With the NBN method:
 All data required to be collected, is collected at project entry; and  The duration of each stay can be accurately aggregated to calculate each client’s total length of stay in the project.

Regardless of the method used to track shelter use, Sub-Recipients must be able to determine who and how many people were served by a shelter or shelter type for any given night, based on HMIS data.

For additional, detailed information about the reporting requirements, refer to the Emergency Solutions Grant Program (ESG) HMIS Program Manual at:
https://www.hudexchange.info/resources/documents/ESG-Program-HMIS-Manual.pdf DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 398
12 ATTACHMENT A
(See next page)
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13 RENT REASONABLENESS CHECKLIST AND CERTIFICATION
The subrecipient must document in the client file using the attached worksheet that the rental cost (including the utility allowance) is within the Fair Market Rent limits, and the unit is rent reasonable before financial assistance can be provided to a program participant.

Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.

The subrecipient must obtain the most recent HUD Fair Market Rent limit from the City for the area that the housing unit is located.

Rent reasonableness is determined on a case-by-case basis. Agencies must conduct a rent analysis for three (3) comparable unassisted units and document the basis for their rent reasonableness determinations. Key components of a comparability analysis include: If the rent for the proposed unit is at or below the allowable (average) rent, the proposed unit is eligible. If the rent for the proposed unit is above the allowable (average) rent, the proposed unit is not eligible, and therefore, another unit will need to be proposed. Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.
 Size: Only units of comparable size (both in terms of number of bedrooms and square footage) should be used.
 Housing Condition: Only units in similar condition should be compared.  Location in Community/Accessibility: In many markets location is the key determinant of housing price (i.e., good/safe neighborhood, close to schools/bus routes, etc.).  Rent of Unit: Amount of rent being charged by owner.
 Utilities Included: Consider the type and fuel source of utilities. Subrecipient must use the attached Housing Authority County of San Bernardino Utility Allowance sheet.  Amenities: Consider such amenities as garage, appliances and lot size. Comparable rents can be checked by using a market study, by reviewing comparable units advertised for rent, or with a note from the property owner verifying the comparability of charged rents to other units owned (for example, the landlord would document the rents paid in other units).

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14 RENT REASONABLENESS CHECKLIST AND CERTIFICATION
24 CFR 576.106(d) and 24 CFR 982.507 Rent reasonableness. The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units.

Proposed Unit Unit #1 Unit #2 Unit #3
Address
Number of Bedrooms
Approximate Square Feet
Type of Unit/Construction
(circle applicable type)
Apt. 1-4 Floors
Apt. 5+ Floors
Duplex/Townhouse
Manufactured Home
Single Family
Apt. 1-4 Floors
Apt. 5+ Floors
Duplex/Townhouse
Manufactured Home
Single Family
Apt. 1-4 Floors
Apt. 5+ Floors
Duplex/Townhouse
Manufactured Home
Single Family
Apt. 1-4 Floors
Apt. 5+ Floors
Duplex/Townhouse
Manufactured Home
Single Family
Housing Condition
Location/Accessibility (i.e.
near schools, bus, park,
etc.)
Amenities Air Conditioner
Garbage Disposal
Air Conditioner
Garbage Disposal
Air Conditioner
Garbage Disposal
Air Conditioner
Garbage Disposal
(Circle all that apply) Dishwasher
Washer/Dryer
Dishwasher
Washer/Dryer
Dishwasher
Washer/Dryer
Dishwasher
Washer/Dryer
Carpet
Recreational Facilities
Carpet
Recreational Facilities
Carpet
Recreational Facilities
Carpet
Recreational Facilities
Storage Areas
Parking
Maintenance Service
Housing Services
Storage Areas
Parking
Maintenance Service
Housing Services
Storage Areas
Parking
Maintenance Service
Housing Services
Storage Areas
Parking
Maintenance Service
Housing Services
Approximately Year Built
Utilities (type)
Unit Rent
Utility Allowance
Gross Rent
Handicap Accessible?
CERTIFICATION:

A. COMPLIANCE WITH FAIR MARKET RENT PAYMENT STANDARD
FAIR MARKET RENT LIMIT FOR SIZE AND AREA OF SERVICE, PER HUD’S FAIR MARKET RENT CHART $______ ___________________ __________________ ____________ ________________________ PROPOSED CONTRACT RENT + UTILITY ALLOWANCE + FEES = PROPOSED GROSS RENT* Is the gross rent of the proposed unit at or below HUD’s Fair Market Rent (FMR)? _ Yes _No. IF YES, continue to section B below and to determine if the unit it rent reasonable. IF the rent of the proposed unit is above HUD’s FMR, ANOTHER UNIT WILL NEED TO BE PROPOSED.

AND
B. RENT REASONABLENESS : Calculate the average rent of the three comparable units above and ensure the rent of the proposed unit is at or below the average rent.

ENTER AMOUNT OF ALLOWABLE RENT (the average of the three COMPARABLE rents for the units above) $______________.

Is THE rent for the PROPOSED UNIT IS AT OR BELOW THE ALLOWABLE RENT ABOVE YES NO. IF YES, the unit is rent reasonable and YOU MAY MOVE FORWARD WITH THE UNIT. Is the answer is NO, ANOTHER UNIT WILL NEED TO BE PROPOSED.

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EXHIBIT "F"
FORMS
[Behind this page.]
DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 406
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.

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

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

DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 407
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
2 CATEGORY 1: Literally Homeless (continued)

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.

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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 408
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.

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 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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 409
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

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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 410
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).

Documentation must include all of the following:

DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 411
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:

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

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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 412
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 413
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 414
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 415
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 416
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 417
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 418
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: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6 Packet Pg. 419
1 EMERGENCY SOLUTIONS GRANTS PROGRAM

SUBRECIPIENT AGREEMENT

THIS EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT
AGREEMENT (the "AGREEMENT") is made and entered into as of March 16, 2023, by and between the CITY OF SAN BERNARDINO, a California municipal corporation, ("CITY"), and Salvation Army, a California Corporation, a private non-profit corporation licensed to do business in the State of California, 925 W 10th Avenue, San Bernardino, CA 92411, ("SUBRECIPIENT"), DUNS Number 07-4629460.

RECITALS:

1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371–11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance (“CFDA”) 14.231 and Federal Award Identification Number (FAIN) E-18-MC-06- 0539. For purposes of this Agreement, the ESG shall be deemed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time.

5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $100,000 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under this AGREEMENT.

6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 420
2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT.

7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds.

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 421
3 CONTACT INFORMATION
City of San Bernardino: Subrecipient Organization:

Cassandra Searcy The Salvation Army, a
California Corporation
Awarding Official
Title: Deputy Director of Housing and Homelessness Naomi Goforth-Kuhlman Address: 201 N. E Street Name of Primary Contact
City: San Bernardino
State: CA Zip: 92401 Title: Program Manager
Telephone: 909-384-7270 San Bernardino Hospitality House Address: 925 W 10th Street
City: San Bernardino
State: CA Zip: 92411
Telephone: 909 888-4880
CFDA Number: 14.231 FAIN Number: E-19-MC-06-0539
Federal Award Date: May 13, 2022
(the date when the federal award is signed by the authorized official of the federal awarding agency.)

1. ESG Funds Obligated
Program Year: 2022-2023 ESG Funds
Amount: $100,000
Total Amount of ESG Funds Obligated: $100,000.00
I. SCOPE OF PROGRAM
A. General Administration
In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG.

B. Levels of Accomplishment – Goals and PerformanceMeasures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate.

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4 C. Staffing; Relationship of Parties; No Third PartyRights The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or 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. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein.

II. TERM OF AGREEMENT
This AGREEMENT shall take effect on July 1, 2022, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this AGREEMENT.

III. DISBURSEMENT AND FUNDS
A. Maximum Amount of Disbursements; Method of Disbursement.

CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $100,000 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than quarterly, commencing on or before the 15th day of October, January, April, and July, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in quarterly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT’S services under this AGREEMENT.

Failure to provide any of the required documentation and reporting will cause the CITY to withhold DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 423
5 all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY.

D. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. 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 ESG funds for providing SUBRECIPIENT’S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law.
(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT’S services. Any inspection or examination by the CITY is for 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. (3) Where the CITY has reasonable grounds to question the fiscal accountability, DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 424
6 financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the CITY may suspend 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.

E. Matching
The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY.

H. Expenditure of Funds
Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 425
7 funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds.

If to CITY: Community and Economic Development Department City of San Bernardino
290 N. D Street
DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 426
8 San Bernardino, CA 92401
With copies to: Princess Wilson, Management Analyst
Community and Economic Development Department
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Telephone No. (909) 384-5214
If to SUBRECIPIENT: The Salvation Army, a California Corporation Hospitality House
Naomi Kuhlman, Program Manager
925 W 10th Street
San Bernardino, California 92411
Telephone No. (909) 888-4880
V. GENERAL CONDITIONS
A. Coordination with Continuum of Care
The SUBRECIPIENT must work with the Continuum of Care (“CoC”) to ensure the screening, assessment, and referral of program participants are consistent with the CITY’s written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400.

D. Shelter and Housing Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR § 576.403.

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9 E. Homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d).

H. Licensing
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10 The SUBRECIPIENT agreesto obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. 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.

The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447.

The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below.
(2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below:
(a) Workers’ Compensation Insurance, as required by State 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 $1,000,000 combined single limit of liability for bodily DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 429
11 injuries, death, and property damage resulting from any one occurrence. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned 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.

K. Zoning.

L. Displacement and Relocation.

M. Provisions Required by Law Deemed Inserted.

VI. ASSURANCES AND CERTIFICATIONS
A. Non-Profit Status
The SUBRECIPIENT certifies that:
(1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 431
13 SUBRECIPIENT.
(2) If the SUBRECIPIENT’s non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services.
(4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR § 200.

B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c).
(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 432
14 SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.

C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds.

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15 Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency.

H. Hatch Act
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16 in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.

VII. ADMINISTRATIVE REQUIREMENTS
Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al.

SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326.

Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY’S request, such assets shall revert to the CITY upon termination of this AGREEMENT.
(2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT’s award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR § 200.414(b) Indirect (F & A) costs shall be used. For this AGREEMENT, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200.

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17 B. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT.

C. Record Keeping
Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT’S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years postcompletion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records
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18 are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the abovereferenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500.

D. Homeless Management Information Systems (HMIS)

Arrowhead Ave., 3rd Floor, San Bernardino, California(909-387-4700).

4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS.

Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below.

E. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 437
19 compliance with audit report(s)required by applicable provisions of the Lead- Based PaintRegulations as further detailed below.

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20 B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal passthrough grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD.

C. Assignment of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35.

D. Compliance with Subpart K
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21 paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K (“LBP Regs”).

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22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations.

XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 441
23 the SUBRECIPIENT.

XV. VIOLATION OF TERMS AND CONDITIONS
A. Events of Default.

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 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 442
24 within such thirty (30) day period and thereafter diligently prosecute the same to completion.

B. Institution of Legal Actions.

C. Acceptance of Service of Process.

D. Rights and Remedies Are Cumulative.

E. Inaction Not a Waiver of Default.

F. Applicable Law.

The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT.

G. Attorneys’ Fees.

H. Immediate Termination for SUBRECIPIENT’s Default.

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25 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.

I. Termination Without Cause.

J. 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.

XVII. VALIDITY AND SEVERABILITY
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26 The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.

XVIII. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.

XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
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27 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.

CITY OF SAN BERNARDINO The Salvation Army,
A California Municipal Corporation a California Corporation Charles E McNeely, City Manager Captain J. Koebel
Divisional Secretary for Business
The Salvation Army
16941 Keegan Ave.

Carson, CA 90746
Date: Date:

ATTEST
City of San Bernardino
Genoveva Rocha, City Clerk
Approved as to form:

Thomas Rice, City Attorney
By:

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EXHIBIT "A"

SCOPE OF WORK
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Scope of Work
The Salvation Army – San Bernardino Hospitality House
The Salvation Army San Bernardino Hospitality House operates several programs: Community Meal, Emergency Shelter and Transitional Living within the facility. Target population for Residential Services include single-unaccompanied adult women, and families with children. The total capacity for combined Hospitality House residential programs is 82 beds (21 rooms) but is often over capacity (95 Maximum) due to cribs and family size. The Hospitality House also provides a community meal six evenings a week for those experiencing food insecurity. This meal service is used as an outreach to connect people who are experiencing homelessness to shelter and other permanent housing services. The ESG funding will allow The Salvation Army Hospitality House to continue to address housing and homelessness, food insecurity and long term-stability for those experiencing hardship. Specifically, funds will support cost associated with administration, essential services, operations and programming for the Hospitality House Emergency Shelter Program.

Total number of extremely low-income households to be served – 40 Total number of very low-income households to be served – 25 Total number of persons experiencing homelessness to be served – 285 Total number of seniors to be served – 5
Total number of special needs households to be served - 1 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 448
EXHIBIT "B" BUDGET
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THE SALVATION ARMY – SAN BERNARDINO HOSPITALITY HOUSE
FY 2022-2023
Sources of Funds: ESG Funds Applicant’s
Funds:

Other
Sources:

Total
Street Outreach1
Service Activity:

Service Activity:

Emergency Shelter2
Operational Activity:
$100,000.00 Portfolio Income:

Undesignated
$125,000
Operational Activity: Kaiser Grant $50,000
Operational Activity:

Homeless Prevention3
Activity:

Activity:

Rapid Re-Housing
Assistance:

Activity:

HMIS4
Activity:

TOTAL: $100,000.00 $175,000
1 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 2 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 3 Homelessness Prevention Activities – 40% of ESG funding is targeted for homelessness prevention activities 4 HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 450
EXHIBIT "C"

Name of Subrecipient Organization Program Title
Name of Certifying Officer Signature Date
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EXHIBIT "D"

DISCLOSURE OF LOBBYING

ACTIVITIES
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DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

Tier ______, if known :

Congressional District, if known : Congressional District, if known :

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known : 9. Award Amount, if known :
$

11. Signature:

Print Name:

Title:

Telephone No.: _______________________ Date:

Prime Subawardee
Federal Use Only:

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EXHIBIT "E"
EMERGENCY SOLUTIONS GRANT –

WRITTEN STANDARDS
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Revised 10/10/19
City of San Bernardino
Economic and Housing Development
Emergency Solutions
Grant
Written Standards
201 N. North E Street, Third Floor
San Bernardino, CA 92415-0043
(909) 384-7267
www.sbcity.org
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2 A. Program Written Standards
Sub-Recipients are required to comply with t he D ep art ment of Hou sin g and Urb an D evelop ment (HUD ) minimum standards for providing ESG assistance and those standards relevant to ESG that are required by their Continuum of Care (COC). The following minimum program standards are required for delivering the ESG program as outlined in 24 CFR Part 576.

The minimum eligibility process will include an initial phone or in person screening to determine whether or not the applicant meets one of HUD’s categorical definitions of homeless or at risk of homelessness. If yes, then a more comprehensive assessment will DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 456
3 be completed in person by Sub-Recipient staff to verify applicants’ homeless status and determine which ESG service components they qualify for and that will address their housing need. Eligibility determinations must be documented in client files and preferably through third-party documentation. Intake worker observation or participant self-certification can be used when due diligence by staff and client is documented in the file indicating third-party verification is unavailable.

2. An individual who has been residing in an institutional care facility for a fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or

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4 Engagement activities must include an initial assessment of needs and eligibility in order to prioritize the type and source of assistance required with safety and urgent health needs being the highest priority. Emergency health services, including mental health, can be funded with ESG only to the documented extent that other non-ESG funded appropriate health services are inaccessible or unavailable within the service area, or at the time of assessment. Based on need and assessment, qualifying individuals and/or families will be offered essential services beyond emergency health and other crisis intervention assistance that include case management, transportation, and housing stabilization.

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5 Safety and Accommodationsfor Special Populations
If applicable, any shelter facility that receives ESG assistance for conversion, major rehabilitation, renovation or operations is required to meet all federal, state and local government safety, sanitation and accessibility standards including compliance with the safety, sanitation and privacy requirements contained in 24 CFR 576.403.

Provision of essential services and shelter must be available to shelter residents for at DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 459
6 least the time period during which the ESG funds are provided. Services do not need to be limited to a particular site as long as the site serves the same categories and types of homeless originally provided with essential services or serves homeless persons in the same service area where the Sub-Recipient originally provided the services.

5. Coordination Among Homeless Assistance Providers, Mainstream Service Providers and Housing Providers
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7 utilization of homeless and mainstream programs by the homeless. Sub-Recipients are required to be active members of their respective COC and contribute to the identification, development and coordination of resources that will promote and increase the efficiency and effectiveness of the community’s homelesssystem.

Prioritization for homeless prevention assistance must comply with COC standards.

Minimally, prioritization should align with vulnerable homeless and at-risk of homelessness populations identified in Sub-Recipient’s service area homeless plan(s) and/or community assessment(s).

Prioritization for rapid re-housing must comply with COC standards and be supported by Sub-Recipient service area homeless plans and/or community assessment data.

The subrecipient cannot use ESG funds to help a program participant remain in or move into housing that does not meet the minimum habitability standards under §576.403(c).

This restriction applies to all activities under the Homelessness Prevention and Rapid Rehousing components, including rental assistance and housing relocation and stabilization services. In addition:
 If an eligible household needs homelessness prevention assistance to remain in its existing unit, the assistance can only be provided if that unit meets the minimum standards.
 If an eligible household needs homelessness prevention or rapid re-housing assistance to move to a new unit, the assistance can only be provided if the new DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 461
8 unit meets the minimum standards. The unit the household is leaving does not need to be inspected.
 The housing must also comply with any other standards established by the recipient that exceed or add to these minimum standards.

The subrecipient must be sure to document compliance with the ESG habitability standards for Emergency Shelter activities in the program participant’s file.

7. Determining Client’s Share of Rent and Utility Costs A client’s household annual income must be less than or equal to 30 percent of Area Median Income (AMI) when determining the client’s share of rent. Program Providers are to apply a progressive engagement approach to determine the rent subsidy amount and household contribution for each participating household. The City requires at the 1st month, the program pays up to 100% of move in costs including security deposits, first month’s rent and any required utility payments. In the 2nd– 3 rd month, the household is
responsible to pay 30% of their gross household income towards rent (this includes rent and the cost of utilities [if utilities are not included in the rent, a utility allowance schedule should be used for calculating the rental subsidy]). In the 3rd– 4 th month and beyond, the
household pays 50% of their gross household income towards rent and the program pays the remaining rent. Once the household is able to pay their rent with 60% or less of their gross household income or reaches 12 months of rental assistance, the rent subsidy should DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 462
9 end. Case managers are expected to work with clients to review family budgets and ensure families can maintain their housing. Utility assistance is limited to 24 months within a 3-year period and can be used to pay the cost of utility deposits, utility arrears, and gas, electric, water and sewage services. Assistance can only be provided if the utility account is in the name of a member of the client household or there is documented proof of household responsibility for utility payments. Utility arrears assistance for homeless prevention requires a shut off notice and for rapid re-housing must result in utilities being turned on at the new permanent housing location (24 CFR 576.400(e)(3)(iii).

To determine rent reasonableness, take the rent of the three (3) comparable units and calculate the average rent.

1. to pay for financial assistance and services to help the eligible program participant stay in the unit, or

2. to pay for financial assistance and services to locate and move to a different unit that meets the rent reasonableness standard and is at or below FMR and pay rental assistance in that unit.

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10 9. Determining Duration and Amount of Rental Assistance Provided to Client The duration of rental assistance is limited to twenty-four months within a 3-year time period. Short-term assistance can be provided up to three (3) months and medium-term assistance is limited to twenty-four (24) months. The amount of rent assistance provided must be the least amount needed to stabilize clients in their permanent housing. Rent arrears assistance is defined as: past due rent owed to a current landlord (24 CFR 576.400(e)(3)(iii).

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11 B. HMIS Data Collection
All data on persons served and all activities funded with ESG must be entered into HMIS. The purpose of HMIS is to record and store client-level information about the numbers, characteristics, and needs of homeless and at risk homelessness persons who receive program assistance.

Data entry requirementsforshelters are:

Emergency or transitional shelters, day or mass shelters, or hotel/motel vouchers are required to collect data and report outcomes using the Entry/Exit method of data collection.

Regardless of the method used to track shelter use, Sub-Recipients must be able to determine who and how many people were served by a shelter or shelter type for any given night, based on HMIS data.

For additional, detailed information about the reporting requirements, refer to the Emergency Solutions Grant Program (ESG) HMIS Program Manual at:
https://www.hudexchange.info/resources/documents/ESG-Program-HMIS-Manual.pdf DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 465
12 ATTACHMENT A
(See next page)
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13 RENT REASONABLENESS CHECKLIST AND CERTIFICATION
The subrecipient must document in the client file using the attached worksheet that the rental cost (including the utility allowance) is within the Fair Market Rent limits, and the unit is rent reasonable before financial assistance can be provided to a program participant.

Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.

The subrecipient must obtain the most recent HUD Fair Market Rent limit from the City for the area that the housing unit is located.

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14 RENT REASONABLENESS CHECKLIST AND CERTIFICATION
24 CFR 576.106(d) and 24 CFR 982.507 Rent reasonableness. The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units.

AND
B. RENT REASONABLENESS : Calculate the average rent of the three comparable units above and ensure the rent of the proposed unit is at or below the average rent.

ENTER AMOUNT OF ALLOWABLE RENT (the average of the three COMPARABLE rents for the units above) $______________.

STAFF NAME: ____________________________ SIGNATURE: __________________________ DATE: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 468
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18 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 472
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.

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

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

DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB Packet Pg. 473
City of San Bernardino Economic and Housing Department
Emergency Solutions Grant
2 CATEGORY 1: Literally Homeless (continued)

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.

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;
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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.

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 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. 475
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

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.

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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).

Documentation must include all of the following:

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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:

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

Mayor and City CouncilMay 3, 2023

Mayor and City Council
May 3, 2023